Author: Rick Schweitzer

Jack Van Steenburg, Chief Safety Officer for the Federal Motor Carrier Safety Administration, set out the agency’s agenda and priorities in a presentation at a recent trucking industry meeting. He started by noting that there were 38,824 highway fatalities recorded in 2020, including 5,125 fatalities involving heavy trucks and buses. Both of these numbers are expected to increase when the 2021 numbers are final. In addition, some 831 large truck occupants were killed in crashes in 2020, and 43% of them were not wearing seat belts.  Van Steenburg noted that the number of new motor carrier entrants has risen dramatically…

FMCSA to Distribute One Million Face Masks to Drivers.  The Federal Motor Carrier Safety Administration is assisting in the distribution of one million protective masks to the nation’s commercial truck drivers. FMCSA has been working with states, industry stakeholders, and motor carriers to distribute one million protective face masks for truckers which were provided by the Federal Emergency Management Agency.  The masks are being distributed in Arkansas, California, Georgia, Illinois, Indiana, Nebraska, New York and Texas.  Exact locations and times for distribution are at the link.  Dates and times for the distribution of masks will be updated as they are…

GAWDA members must now comply with a new set of federal requirements. Just two months after issuing a proposed rule, the U.S. Chemical Safety and Hazard Investigation Board (CSB) has published a final rule for reporting of accidental releases of a regulated substance or other extremely hazardous substances into the ambient air from a stationary source. The rule includes releases of petroleum products, including biofuels. Stationary sources would exclude trucks or other motor vehicles. The CSB estimates that 200 releases per year will be subject to its new reporting requirements. The rule creates a new Part 1604 of title 40 CFR. It…

PHMSA Denies Reconsideration of California Meal and Rest Break Rules Preemption.  The Pipeline and Hazardous Materials Safety Administration has denied a petition for reconsideration of the agency’s determination that California’s meal and rest break requirements are preempted under the Hazardous Materials Transportation Act as applied to drivers of motor vehicles transporting hazardous materials.  85 Fed. Reg. 10216 (February 21, 2020). The petition for reconsideration, filed by the California Labor Commissioner, was denied on the grounds of mootness.  PHMSA reasoned that after it issued its preemption determination, and after the request for reconsideration was filed, the Federal Motor Carrier Safety Administration…

Congress, the Food and Drug Administration (FDA) and the Federal Motor Carrier Safety Administration (FMCSA) have all been active in considering the regulation of products containing cannabidiol (CBD). Drivers of commercial motor vehicles, and their employers, should not assume that these products are legal, safe or harmless, however. In the 2018 Farm Bill, Congress removed hemp (defined as cannabis with less than 0.3% THC) from the list of Schedule I controlled substances and made it an ordinary agricultural commodity. The recently passed 2020 Agriculture Appropriations Bill gave the FDA $2 million for research, policy evaluation, market surveillance and issuance of…

On October 7, the U.S. Supreme Court refused to hear an appeal from Domino’s Pizza in a case where the appeals court ruled that a blind customer could sue the pizza chain under the Americans with Disabilities Act (ADA) because the company’s website did not provide him access. The case now goes back to district court for trial. The company had argued that the ADA applied to its restaurants and stores but not its website or apps, because the law was enacted in 1990 before the development of the Internet. The court of appeals disagreed, and the Supreme Court declined…

GAWDA Files Comments on Driver Hours of Service Proposal. GAWDA has filed comments with the Federal Motor Carrier Safety Administration on the agency’s proposed changes to its driver hours of service regulations. 84 Fed. Reg. 44190 (August 22, 2019). GAWDA supported expanding the short-haul exceptions in 49 CFR § 395.1(e) to allow CDL and non-CDL drivers a 14-hour daily limit under this provision to place the short-haul driver on the same duty period as a long-haul truck driver even though a short-haul driver in local distribution operations is generally not subject to the same fatigue concerns as a long-haul operator.…

The Federal Motor Carrier Safety Administration (FMCSA) has two new rules set to go into effect in early 2020.  One establishes an online clearinghouse for information on drug and alcohol testing information for commercial motor vehicle drivers, and the other imposes requirements for classroom and behind the wheel training for drivers before they may obtain a new Commercial Driver License or upgrade a CDL from Class B to Class A. The FMCSA has uploaded to its website (fmcsa.dot.gov) an expanded list of Frequently Asked Questions and other information on the agency’s drug and alcohol testing clearinghouse rule. The new rule…

DOT Drug and Alcohol Clearinghouse The Federal Motor Carrier Safety Administration’s new requirements for a Drug and Alcohol Clearinghouse go into effect on January 6, 2020.  On and after that date, all companies that use drivers who have a Commercial Driver’s License or a Commercial Learner’s Permit must do three things: Register with the FMCSA to use the Clearinghouse. Registration will be available on the FMCSA website beginning in Fall 2019. Upload information to the Clearinghouse on any drug or alcohol violations by any CDL driver that your company uses. Query the Clearinghouse for drug or alcohol violations by any…

The proliferation of products containing cannabidiol (CBD) oil has further muddied the issues of testing and restrictions on drivers with a Commercial Driver’s License. CBD oil is a type of cannabinoid, one of several naturally occurring chemicals that can be found exclusively in cannabis plants. Unlike tetrahydrocannabinol (THC), however, CBD does not produce a “high” or psychotropic experience. Using marijuana for recreational reasons is legal in 10 states and the District of Columbia, and using medical marijuana is legal in 33 states and D.C. Possession or use of marijuana remains illegal under federal law, however; it is listed in Schedule…