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Top 10 Issues & Delays; Deadline Nears; Tank Endorsement Rule

Newsletter Update

November 2013
National Transportation Consultants
Your Safety and Regulatory Experts

November, 2013 welcome to this month’s newsletter…

Top 10 Critical Issues
Industry Management and Drivers Voice Concerns

The American Transportation Research Institute (ATRI) recently released their annual study ranking the trucking industry’s top concerns. The economy, although still a major concern, has slipped to fourth place and has been replaced in the top spot by the hours of service regulations. Although it did not make the top ten, concerns about sleep apnea ranked twelfth among the respondents. The top ten issues are ranked below.

1. Hours of Service
Has steadily moved up in rank
2. CSA
Carriers want non-preventable crashes removed from CSA scores
3. Driver Shortage
Management views as top concern, didn’t rank in driver’s top ten
4. Economy
Was the top issue for three years
5. ELD Mandate
6. Truck Parking
First appeared last year at number 8; ranks higher with drivers
7. Driver Retention
Concern that drivers are leaving the industry without adequate replacements
8. Fuel Supply/Price
9. Infrastructure/Congestion
The current highway funding bill (MAP–21) expires in September, 2014. Concern over whether next bill will contain adequate funding
10. Driver Health/Wellness
Second year on the list; positive correlation between driver health and driver safety

Physical Retention Deadline Nears
Drivers Must Self-Certify With State

Beginning January 31, 2014, drivers will no longer be required to carry a copy of their medical examiner’s certificate. Enforcement officials will access that information as part of the driver’s CDL record. Prior to that date drivers must contact their state, self certify whether they operate in interstate or intrastate commerce, and send a copy of their most recent physical to the state.

The only exception is that after a physical renewal the driver will carry a copy for up to 15 days to give the state time to update its records. It is up to the driver to send the state a copy of the renewed physical.

Top 100 Congested Areas
ATRI Ranks Chicago Number One
Heavy Traffic

The American Transportation Research Institute (ATRI) has compiled the top 100 congested areas on our highway system. Not surprisingly a section of Chicago interstate ranks #1. What’s interesting is that the highest ranking area for Los Angeles is 15th, and New York city doesn’t have a location higher than 20th. The top 5 congested areas are listed below with the average speed, which is slower during peak periods:

  • Chicago, IL — I290 @ I90/94 — 30mph
  • Houston, TX — I610 @ US290 — 42mph
  • Austin, TX — I35 — 36mph
  • Fort Lee, NJ — I95 @ SR4 — 29mph
  • St. Louis, MO — Poplar Street Bridge — 42mph

Use this link to view the entire report

FMCSA Restates Tank Endorsement Rule
Seeks Comments on Revised Definition

This is an unusual situation: the Federal Motor Carrier Safety Administration (FMCSA) has issued a Notice of Proposed Rulemaking to clarify an earlier Final Rule that was previously the subject of a Regulatory Guidance letter. The subject of this activity is the definition of a tank vehicle that was revised in 2011. The new definition was expanded to include a motor vehicle that was hauling individual containers with a capacity greater than 119 gallons and an aggregate capacity of 1,000 gallons or more.

Let’s take a look at some examples:

Twenty–five 55 gallon drums
No endorsement needed since individual container size is not over 119 gallons, regardless of total amount.
2 totes each with a capacity of 250 gallons
No endorsement needed since the aggregate amount is not over 1,000 gallons.
4 totes each with a capacity of 250 gallons
Tank endorsement needed since the aggregate amount is 1,000 gallons.
10 empty totes, each with a capacity of 250 gallons
No endorsement needed for empty containers, regardless of size, even if they contain residue.

This is not a suggestion that the rule will change but rather FMCSA’s invitation for input regarding clarifications that may need to be incorporated into the definition. Although not all states are enforcing this, it is and will remain a part of the regulations. FMCSA is recommending that drivers “secure the needed endorsement as quickly as possible or investigate the requirements of the States where they travel to avoid violating an endorsement requirement already in effect.”

NTC will keep you on track for safety