Overdrive Magazine | Trucking Business News & Owner Operator Info
Issue link: http://read.dmtmag.com/i/769491
12 | Overdrive | January 2017 Logbook A year after inad- vertently putting the 34-hour restart at risk of being removed from federal hours of service regulations, Congress unveiled legislation to fix the issue. Lawmak- ers in the House and Senate passed a bill to clarify the future of truckers' use of the 34-hour restart, and President Obama's subsequent signature put the issue to rest. For the time being, truckers can contin- ue to operate as they have since December 2014, meaning 34-hour restarts do not need to include two 1-5 a.m. periods, and the 34-hour restart option can be used as often as truck operators like. The bill specifies that if a pending study by the Federal Motor Carrier Safety Admin- istration concludes that regulations in place between July 1, 2013, and December 2014 promote better rest for truck operators, those regulations would go back into effect. Those provisions include the requirement that a 34-hour restart contain two 1-5 a.m. periods and a once-per-week limit to the restart's use. If the study does not determine conclusively that the July 1, 2013-ef- fective rules are safer, then no changes will be made, and truckers can use the restart as they do now. FMCSA announced this year it had com- pleted the data-gath- ering phase of its 34-hour restart study. It has not said when it plans to release its findings. – James Jaillet The Owner-Operator Independent Drivers Association last month asked the U.S. 7th Circuit Court of Appeals to rehear its case against the U.S. De- partment of Transportation's rule to mandate the use of electronic logging devices. OOIDA filed a petition Dec. 14 for a rehearing en banc, meaning it has asked all 12 judges on the 7th Circuit bench to hear its arguments against the ELD mandate and to issue a new decision. The lawsuit against the ELD rule was brought last March by OOIDA on behalf of truckers Mark Elrod and Richard Pingel. A three-judge panel for the 7th Circuit ruled Oct. 31 to uphold the ELD mandate, rejecting OOIDA's arguments that the rule violated truckers' Fourth Amend- ment right to privacy and protection against warrantless searches. The motion for a rehearing leans on the same arguments. The group also argues DOT's rule fails to ensure confidentiality of truckers' ELD data. FMCSA said in an August court filing that trucking is a highly regulat- ed industry and that the ELD rule fits within its jurisdiction. FMCSA also argues the rule will promote greater adherence to hours of service rules and cut the number of truck-involved crashes. After the court's Oct. 31 ruling, OOIDA Executive Vice President Todd Spencer told Overdrive that the group may appeal to the U.S. Supreme Court if its request for a rehearing is denied. – James Jaillet OOIDA appeals ELD decision The legislation produces no immediate change in the current hours of service regulations, but pending study results could change that. THE RANDOM DRUG TEST RATE for truck operators will remain 25 percent this year, meaning carriers will be required to randomly test 25 percent of their drivers, including leased owner-operators. For 2016, the Federal Motor Carrier Safety Administra- tion lowered the testing rate from 50 to 25 percent due to three consecutive calendar years (2011-13) of drug testing data showing the positive rate for controlled substances was less than 1 percent. THE STATE OF OHIO announced a $15 million investment to install advanced high- way technology along a 35-mile stretch of U.S. 33 for what will be called the Smart Mo- bility Corridor. The four-lane limited-access highway from Dublin to East Liberty will be used as a proving ground for autonomous and connected vehicle technologies. TRANSFORCE INC. changed its name to TFI International Inc. following the Canadian company's acquisition of XPO Logistics' truckload division to reflect "the compa- ny's growing operations … in the U.S., where we currently generate approximately 50 percent of our revenue," said Alain Bédard, chairman, president and CEO. 34-hour restart directive becomes law