Fleet Management News & Business Info | Commercial Carrier Journal
Issue link: http://read.dmtmag.com/i/201087
LEADING NEWS, TRUCKING MARKET CONDITIONS AND INDUSTRY ANALYSIS FMCSA expands out-of-service order ability, increases fines FMCSA withdraws rulemaking on entry-level driver training T he Federal Motor Carrier Safety Administration – in compliance with the MAP-21 highway funding law finalized last year – has increased fines for several violations of its regulations and widened its authority to issue out-of-service orders. The new rules, announced Oct. 1 in the Federal Register, allow the agency to place an entire carrier out of service for operating vehicles "without or beyond the scope of registration," according to the regulation, whereas previously only the unregistered vehicle itself could be placed out of service. The changes also include an amendment to a rule that shortens the time period in which new entrant carriers undergo a safety review from 18 months to 12 months. Other amendments include increasing the minimum required for broker bonds to $75,000 and extending the requirement to freight forwarders, and removing the "ability to pay" wording from the list of factors FMCSA takes into account when assessing civil penalties for violations relating to commercial motor vehicle safety regulation and operators. Language also has changed regarding employer knowledge of an unlicensed driver and driver traffic violations from "the employer knew" to "the employer knows or should reasonably know." The fines that were increased under the rule changes: I n light of feedback and new regulations, the Federal Motor Carrier Safety Administration is withdrawing its 2007 entry-level driver training rulemaking to pursue a new proposal. On Sept. 19, the agency announced it was withdrawing its Notice of Proposed Rulemaking, Violation of FMCSA's reporting, recordkeeping and registration requirements: Now $1,000 (from $500) for violating reporting and recordkeeping requirements, $10,000 (also from $500) for nonpassenger carrier registration violations; Transporting hazmat without appropriate registration: Now maximum $40,000 (from $20,000); Failing to obey a subpoena or an order to appear or testify: Now $1,000 to $10,000 (from $100 to $5,000); Operating after being declared outof-service: $25,000 maximum (each day treated as a separate offense); Operating a vehicle hauling hazmat after being placed out-of-service: $75,000 maximum (each day treated as a separate offense); if violation results in death, serious illness or severe injury of anyone or substantial destruction of property, maximum penalty moves to $175,000; and Evading regulations; Knowing and willful Scan the QR code with your smartphone or violations: Now $2,000visit ccjdigital.com/news/subscribe-to-news$5,000 for first-time letters to sign up for the CCJ Daily Report, a offense, $2,500-$7,000 for daily e-mail newsletter filled with news, analysubsequent offenses. sis, blogs and market condition articles. – James Jaillet noting the 2012 highway reauthorization act included language on setting these standards. "… A new rulemaking would provide the most effective starting point for implementing" the new regulations, FMCSA wrote. The agency added that it had considered comments submitted on the NPRM, feedback received during the public listening sessions last spring and its Motor Carrier Safety Advisory Committee's June report. FMCSA currently has two research projects under way to gather supporting information on the effectiveness of entry-level driver training. The 2012 highway act mandated the agency issue a final rule by Oct.1. It also stipulated training address knowledge and skills for operation, specific requirements for hazmat endorsements and a uniform federal standard be set for training. FMCSA issued a training rule in 2004, but a federal appellate court returned it to the agency the following year because it lacked behindthe-wheel training. COMMERCIAL CARRIER JOURNAL – Jill Dunn | NOVEMBER 2013 9