DOT Report Announces Three Proposed Regulations For Drivers

FMCSA Shutters Boston CarrierYesterday, the Department of Transportation released its Semiannual Regulatory Agenda.  The report included three proposed rules by the FMCSA.

The proposed rules address: drug testing, EOBRs and truck inspections.

Proposed Rule: Create a Commercial Driver’s License Drug and Alcohol Clearinghouse

This rule would create a central database for verified positive drug and alcohol test results for CDL holders.  In addition, it would include the names of drivers who have refused to submit to testing.  The rule will require carriers to report positive test results and refusals to the database.

Prospective employers would have to have an applicant’s written consent to access the database before the driver would be hired to operate a CMV.

“This rulemaking is intended to increase highway safety by ensuring CDL holders, who have tested positive or have refused to submit to testing, have completed the U.S. DOT´s return-to-duty process before driving CMVs in interstate or intrastate commerce. It is also intended to ensure that employers are meeting their drug and alcohol testing responsibilities. Additionally, provisions in this rulemaking would also be responsive to requirements of the Moving Ahead for Progress in the 21st Century (MAP-21) Act. MAP-21 requires creation of the Clearinghouse by 10/1/14,” the report states.

Proposed Rule: Requirement of EOBRs

This rule would establish:

  • (1) minimum performance standards for electronic logging devices (ELDs)
  • (2) requirements for the mandatory use of the devices by drivers required to prepare handwritten records of duty status (RODS)
  • (3) requirements concerning HOS supporting documents
  • (4) measures to ensure that the mandatory use of ELDs will not result in harassment of drivers by motor carriers and enforcement officials.

“The requirements for ELDs would improve compliance with the hours-of-service (HOS) rules and thereby decrease the risk of fatigue-related crashes attributable to non-compliance with the applicable HOS requirements,” the DOT report states. 

Timetable:

ActionDateFR Cite
NPRM02/01/1176 FR 5537
NPRM Comment Period End02/28/11
Comment Period Extended03/10/1176 FR 13121
Extended Comment Period End05/23/11
Supplemental NPRM11/00/13

Proposed Rule: Rescind the requirement CMV drivers submit or retain vehicle inspection reports when the driver has not found/been made aware of defects or deficiencies.

This rule would remove the requirement that CMV drivers and motor carriers submit/retain driver-vehicle inspection reports when the driver has not found or been made aware of any vehicle defects or deficiencies.  The rule would ease the burden of information collection.

ActionDateFR Cite
NPRM09/00/13