Industry News
Industry News & Announcements
The Federal Motor Carrier Safety Administration hereby declares that an emergency exists that warrants issuance of a Regional Emergency Declaration and an exemption from certain regulatory requirements in Part 395 of the Federal Motor Carrier Safety Regulations (FMCSRs), except as otherwise restricted in this Emergency Declaration. Such emergency is in response to severe winter storms, extreme low temperatures and fuel high demand resulting in difficulty in distribution of necessary heating fuel, including propane, natural gas, and heating oil, in the Affected States, and the current and anticipated effects on people and property, including the immediate risk to public health, safety and welfare.
CLICK HERE for the full declaration.
The declaration expires at “end of emergency” or 1/31/25, whichever occurs first, unless extended.
FMCSA announces implementation of the regulatory requirement that all medical examiners certified and listed on the Agency's National Registry of Certified Medical Examiners (National Registry) maintain their certification by completing refresher training 4 to 5 and 9 to 10 years after certification and passing a recertification test 10 years after certification. The 5-year refresher training has been implemented and FMCSA is now proceeding with the 10-year training and testing. The required 10-year refresher training will be delivered by private sector training organizations in the same manner as the initial National Registry medical examiner training. The 10-year recertification test will be provided by the two FMCSA-approved testing organizations in the same manner as the initial National Registry medical examiner certification test. Medical examiners will be able to upload proof of completion of the 10-year training to their National Registry accounts and be eligible to take the 10-year recertification test starting January 1, 2023.
COVID-19 has been a challenge for all of us. As the world shut down the economy came to a halt, leaving the future of many businesses in a precarious position. As we begin to find normalcy again, businesses now have to focus on recovering and fortunately, several government programs are easing this process.
One such program is the Employee Retention Credit or ERC, which is a generous stimulus program designed to bolster those businesses that we're able to retain their employees during this challenging time. Due to the extremely complex tax code and qualifications, it is severely underutilized. Details of the program include:
- Up to $26,000 per employee
- Available for 2020 & Q1-Q3 2021
- Qualify with decreased revenue or Covid event
- No limit on funding (ERC is not a loan)
- ERC is a refundable tax credit
OTA has partnered with ERC Specialists to help you navigate this program. CLICK HERE to learn more and to find out if you qualify.
On January 21, 2022, the Federal Motor Carrier Safety Administration (FMCSA) published the Qualifications of Drivers; Vision Standard final rule, allowing individuals who do not satisfy, with the worse eye, either the existing distant visual acuity standard with corrective lenses or the field of vision standard, or both, to be physically qualified to operate a commercial motor vehicle without obtaining an exemption from FMCSA (87 FR 3390). The new alternative vision standard eliminates the need for a Federal vision exemption program and allows certified medical examiners, in consultation with an ophthalmologist or optometrist and utilizing the new Vision Evaluation Report, Form MCSA-5871, to evaluate and determine whether to grant a Medical Examiner’s Certificate (MEC), Form MCSA-5876, for up to one year.
Final Rule Effective Date:
On March 22, 2022, the rule becomes effective, and medical examiners must begin to apply the provisions adopted in the final rule. All provisions are discussed further in the final rule located on FMCSA’s website at https://www.fmcsa.dot.gov/regulations/federal-register-documents/2022-01021 The Vision Evaluation Report, Form MCSA-5871, is also effective on this date and will be available on FMCSA’s website at https://www.fmcsa.dot.gov/medical/driver-medical-requirements/medical-applications-and-forms
Medical Examination Forms:
Based on the adoption of the final rule, FMCSA has determined that the Federal vision exemption program is no longer necessary. As of March 22, 2022, medical examiners should not mark the box for accompanied by a Federal vision waiver/exemption on the Medical Examination Report (MER) Form, MCSA-5875, or the Medical Examiner’s Certificate (MEC), Form MCSA-5876. On and after March 22, 2022, any individual who might have been physically qualified by a vision exemption issued by FMCSA will have to be qualified by a medical examiner under the provisions adopted in the final rule. All individuals certified under the new alternative vision standard must provide the medical examiner with a Vision Evaluation Report, Form MCSA-5871, that has been signed and dated by an ophthalmologist or optometrist not more than 45 days before the physical qualification examination begins. The medical examiner considers the information provided by the ophthalmologist or optometrist, but the final qualification decision rests with the medical examiner. Medical examiners may qualify these individuals for up to one year and a copy of the Vision Evaluation Report, Form MCSA-5871, must be treated and retained as part of the MER Form for three years.
Federal Vision Exemptions:
As of January 21, 2022, FMCSA stopped accepting applications for new exemptions or renewal of previously granted exemptions under the Federal vision exemption program. Individuals holding exemptions in effect on March 22, 2022, have until March 22, 2023 to be medically certified under the alternative vision standard, at which time all MECs issued with vision exemptions will become void. FMCSA will notify exemption holders, applicants, and grandfathered drivers by letter with details of the transition to the new standard.
Grandfathered Drivers:
The final rule eliminates 49 CFR 391.64(b), commonly known as the grandfather provision for drivers operating under the previous vision waiver study program, on March 22, 2023. Medical examiners may continue to physically qualify individuals under section 391.64(b) until this time. However, individuals physically qualified under section 391.64(b) have until March 22, 2023 to be medically certified under the alternative standard, at which time all MECs issued under 391.64(b) will become void.
Webinars:
FMCSA has posted a webinar on the FMCSA website for medical examiners learn more about the new alternative vision standard and their responsibilities in applying it to certification of individual with monocular vision. The webinar can be found at https://www.fmcsa.dot.gov/regulations/medical/new-vision-standard-overview-webinar.
The following resources have been provided by FMCSA to assist members with the new Entry Level Driver Trainer Program that begins February 7, 2022. If you have any questions, please contact Ohio Division Administrator Stephen McCormick at stephen.mccormick@dot.gov or 614-280-6870.
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Federal Requirements for Entry Level Driver Training Providers
Beginning February 7, 2022, any company, organization, or individual that offers training for certain commercial driver’s licenses (CDLs) or certain endorsements, including the [passenger / school bus / hazardous materials] endorsement, must meet the new Federal requirements established by the Entry-Level Driver Training (ELDT) regulations. This includes registering in the Training Provider Registry.
Resources for Training Providers
When registering, training providers will need to certify that they meet applicable Federal and State requirements. FMCSA has developed a number of resources to help training providers learn what the ELDT regulations require of them, and how to register.
The FMCSA’s Entry Level Driver Training Mandate is still on schedule to go into effect on Monday, February 7, 2022. These new regulations set the baseline for training requirements for entry-level drivers. This includes anyone applying to:
- Obtain a Class A or Class B CDL for the first time;
- Upgrade an existing Class B CDL to a Class A CDL; or
- Obtain a school bus (S), passenger (P), or hazardous materials (H) endorsement for the first time.
The ELDT regulations are not retroactive; individuals who were issued a CDL or an S, P, or H endorsement prior to February 7, 2022, are not required to complete training for the respective CDL or endorsement.
If an applicant who obtains a CLP prior to February 7, 2022, obtains a CDL before the CLP or renewed CLP expires, the applicant is not subject to the ELDT requirements.
Any individual who meets one of the exceptions for taking a skills test in 49 CFR Part 383 is also exempt from the ELDT requirements.
The other component to the mandate is the establishment of the Training Provider Registry. Once operational, the Registry will retain a record of which CDL applicants have completed the new training and certification process outlined in the Entry-Level Driver Training (ELDT) regulations.
For more information about the ELDT regulations and the Training Provider registry, visit https://tpr.fmcsa.dot.gov.
As the Senate debate on the $1 trillion Infrastructure Bill gains steam, it would be prudent to note the provisions contained in the bill that are related specifically to the trucking industry, along with items not included. The expectation is for a vote on the Bill to take place before the Senate recesses for summer vacation on August 9th, although that date could be extended if the debate is ongoing, or negotiations for a compromise are progressing.
One item that is missing from the bill, officially titled the Infrastructure Investment and Jobs Act, is a provision to increase carriers’ liability insurance minimum from $750K to $2 million, a provision included in the House’s infrastructure bill which has already passed a floor vote in early July. The House bill, known as the Invest in America Act, also featured funding explicitly earmarked for expanding truck parking capacity nationwide. This item was also left off the Senate bill.
Among the provisions that are included in the Senate Bill are:
- A measure to require an independent study of truck and bus crash causation.
- Requiring all new commercial vehicles to be equipped with an automatic emergency braking system.
- Improvement in the design of rear underride guards on trailers, along with additional studies into side underride guards.
- Require a cost-analysis and effectiveness report from the DOT on electronic logging devices (ELD’s), including a report on how the FMCSA safeguards Personally Identifiable Information (PII) obtained from ELD’s, along with a detailed process for carriers to dispute ELD violations.
- Establish two new advisory boards: one dedicated to encouraging Women to enter the trucking industry, and a task force to review lease-purchase agreements, as well as other truck leasing agreements.
- Require increased inclusion of small business motor carriers on the Motor Carrier Safety Advisory Committee.
- Establish a CDL Pilot Program for under-21 CDL holders.
The bill faces strong pushback from the House Transportation leadership, led by Peter DeFazio (D-OR), who referred to the bill as “complete crap.” DeFazio plans on pushing for a conference committee to convene as soon as possible to allow the House and Senate bills to become aligned before they are voted on again. The race is on to complete the bill and move it to the White House for President Biden’s signature before the current infrastructure spending law expires at the end of September.
On Thursday, December 17, the Federal Motor Carrier Safety Administration (FMCSA) announced it will extend the waiver for drivers to renew their expired CDL’s, CLP’s, and medical certificates until February 28, 2021. The initial declaration was issued March 24, and has been renewed several times since, as the COVID-19 pandemic forced many state licensing facilities to close. The current waiver was slated to expire on December 31.
In posting the waiver, FMCSA cited that the extension was needed due to the potential backlogs that exist at various State Driver’s License Agencies (SDLA) and Motor Vehicle Bureaus across the country. In addition, the Agency noted a resurgence of stay-at-home orders and other emergency measures that may cause further economic and logistical disruptions, despite the arrival and initial distribution of the first COVID-19 vaccines.
The waiver applies to all Commercial Driver’s Licenses (CDL’s) and Commercial Learner’s Permits (CLP’s) issued on or after March 1, 2020. The CLP waiver means that drivers will not have to retake the general and endorsement knowledge tests again, when they present their CLP for renewal. The order also waives the requirement that CLP holders must wait 14 days to take the CDL skills test.
Medical certificates issued on after September 1, 2020, including those with required medical variances, issued for a minimum of 90 days, will continue to be accepted until February 28, 2021. The waiver also affects the requirement of CDL and CLP holders to provide a state License Agency an original or copy of the medical examiner’s certificate, provided the CDL/CLP holder has proof of a valid medical certification or variance that expired on or after September 1, 2020.
In Ohio, Governor Mike DeWine had previously signed House Bill 404, which included a provision to extend the expiration dates of driver licenses and vehicle registrations. If the license or registration is due to expire anytime between March 9, 2020, and April 1, 2021, the license or registration will remain valid until July 1, 2021.
The Federal Motor Carrier Safety Administration’s new Hours of Service (HOS) rules go into effect at one midnight past midnight, Eastern Time, Tuesday, September 29. The new rules include the expansion of split-sleeper berth options afforded to drivers, which will allow them to split their 10-hour off-duty period into windows of seven hours and three hours, in addition to the existing eight-hour, two-hour option. The shorter window in any split of off-duty time will not count against a drivers’ 14-hour on-duty clock.
Provisions around the 30-minute break requirement have been changed, allowing drivers the additional option of logging their break as on-duty, not-driving, as well as off-duty or sleeper berth. The requirement covering when to take the break has also been adjusted, to allow the driver to take it within their first eight hours of drive time, rather than their first eight hours on-duty.
Another rule change will expand the adverse driving conditions provision by allowing drivers to extend both their drive-time limit and their on-duty window by two hours if they encounter adverse conditions such as weather or traffic congestion. The agency says the provision will allow drivers to either sit and wait out the conditions or to drive slowly through them.
Short-haul carriers will get benefits from the final rule change, which expands the exemptions for short-haul drivers by extending their allowed on-duty period from 12 hours to 14 hours. Drivers under the short-haul exemption aren’t required to keep records of duty status, and do not need to take the mandatory 30-minute break after eight hours of driving. Finally, the radius for short haul exemption status has been increased from 100 to 150 air miles.
Written by Ohio Trucking Association Staff
The Federal Motor Carrier Safety Administration (FMCSA) has announced the publication of its long-awaited Hours of Service (HOS) reforms. These revisions will be posted in the Federal Register in the next few days.
The rule expands split-sleeper berth options afforded to drivers to allow them to split their 10-hour off-duty period into windows of seven hours and three hours, in addition to the existing eight-hour, two-hour option. Unlike current regulations, the shorter window in any split of off-duty time will not count against a drivers’ 14-hour on-duty clock.
Although a more far-reaching provision had been proposed, allowing drivers to pause and extend their 14-hour clock by taking three hours off duty, this was not included in the final rule.
Provisions around the 30-minute break requirement have been changed, allowing drivers to log the break as on-duty, not-driving status, and requiring the break within their first eight hours of drive time, rather than their first eight hours on-duty.
The new rule will also expand the adverse driving conditions provision by allowing drivers to extend both their drive-time limit and their on-duty window by two hours if they encounter adverse conditions such as weather or traffic congestion. The agency says the provision will allow drivers to either sit and wait out the conditions or to drive slowly through them.
In a key victory for short-haul carriers, the reforms expand the exemptions for short-haul drivers by extending their allowed on-duty period from 12 hours to 14 hours. It also expands the short-haul radius from 100 air miles to 150 air miles. Drivers under the short-haul exemption aren’t required to keep records of duty status.
Once the final rule is published in the Federal Register, the new provisions will take effect 120 days later. This means the current regulations remain in effect until mid-September.
The BWC Division of Safety & Hygiene has created a monthly safety update providing information about the safety and industrial hygiene industry. The library contains articles and research publications from newsletters, journals, and state and federal government agencies. CLICK HERE to access the library.
Written by Thomas A. Balzer, President & CEO of the Ohio Trucking Association
The Ohio Trucking Association turns 100 years old in 2018. This is no small accomplishment for an association that represents an industry that has seen so many changes in its brief history. The growth of the association coincides with the growth of the automotive industry in general; Henry Ford introduced the Model T just ten years before the Ohio Trucking Association’s (the “Ohio Association of Commercial Haulers”) founding in Toledo. The transformations that this association and the industry have seen since then are amazing.
The Ohio Trucking Association has a very storied history and has made great strides through some of the industry’s most turbulent times. These include: construction of an interstate highway system; increases in capacity; and deregulation. Before his passing, I was fortunate enough to have lunch with Don Smith, who served as the Ohio Trucking Association’s Executive Vice President from 1961-1992. He talked about the changes he saw while running this organization. I realized that, while in the throes of these issues, it may not have seemed impactful, his career was extremely meaningful to the members of the industry. Tom King and Larry Davis’s tenures have had the same impact. I am sure that when I look back on my time here at the Ohio Trucking Association I will find pride in the impactful work that my team and I are working to accomplish on behalf of the industry and our members.
To make sure that we have given this milestone the attention it so deserves, we established a Centennial Commission. This commission has facilitated an active discussion on just how to celebrate our 100th anniversary. One of the first things that this group discussed was the following: how do you focus on this landmark? Do you look back, or do you look towards the future? This is a difficult distinction. Our association always wants to respect the legacy of the past 100 years. But losing sight of what is yet to come can prove to be significantly detrimental. This centennial is an excellent opportunity to practice situational awareness of where we are now, as well as look at the past and the transformations we have seen as an association. This exercise allows us the opportunity to write the next 100 years of our history.
Here, we see an opportunity to build on the successes we have had, and an opportunity to take advantage of new opportunities that will help us better serve the industry and prepare for the future. The leadership of the Ohio Trucking Association is firmly focused on making sure that every interaction in which we engage demonstrates distinct value to our members.
Every transaction (whether an association membership, purchase of equipment, or onboarding of new personnel) needs to show value; this is no truer today than it was previously. I take this responsibility very personally. When we lose a member, I am saddened to see that an organization did not utilize the obvious aspects of a valuable membership with the association. However, I also see an opportunity to strengthen the great work we do. We hear all too often that being a member of the Ohio Trucking Association is not worth what we charge in membership dues. To that I say: prove it. I can tell you with 100% confidence that I can provide the return on your membership investment. That is not ego talking; that is confidence in the work we are doing. We are creating a difference in your business. We wish to highlight the positive impact that we have had on the industry during the last century, as well as grow our impact as we move forward.
If interested in discussing the impact of the industry, association work, or speaking with me on another topic, call me at 614-225-1026 or schedule a meeting.