New Information Update

Table of Contents

2007
Posted: December 11, 2007 Effective: December 27, 2007 FMCSA
The FMCSA has issued an interim final rule on driver’s hours of service.  This interim rule, effective December 27, 2007, keeps in place the 11 hours of driving in 14 hours, and the 34 restart.  This rule will remain in effect while FMCSA gathers public comments and considers the appropriate final rule, which FMCSA intends to issue in 2008.. Interim Final Rule pdf
Posted: November 8, 2007 Effective: October 1, 2007 FMCSA

SUMMARY: This final rule makes technical corrections throughout 49 Code of Federal Regulations subtitle B, chapter III. In 2007, the FMCSA moved to 1200 New Jersey Avenue, SE., Washington, DC 20590.

This rule changes obsolete references to the old address. In addition, minor editorial changes have been made to correct errors and omissions and improve clarity. This rule does not make any substantive changes to the affected parts of the Federal Motor Carrier Safety Regulations.

49 CFR Parts 365, 369, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 395, and 397

http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/final/E7-19196-Tech-Amendments-to-FMCSRs-Final-Rule-10-1-07.pdf

Posted: September 17, 2007   FMCSA

The new Unified Carrier Registration program, which replaces single state registration, is now up and running. It's now possible for ALL INTERSTATE motor carriers to register online at the Unified Carrier Registration System website https://www.ucr.in.gov/.

The UCRS website provides motor carriers information about the new registration program and instructions for completing the online registration. Michigan motor carriers may also visit the Michigan Public Service Commission webpage http://michigan.gov/mpsc/0,1607,7-159-16397-176038--,00.html for additional information.

Posted: September 17, 2007 Effective: immediately FMCSA

The District of Columbia Court of Appeals’ decision that vacates the 11 hour driving and 34 hour restart rules, (effective September 14, 2007) has been delayed.  Two legal challenges to the courts decision, have effectively blocked the effective date until the courts has time to review the challenges. 

According to Charles Miller, a spokesman with the Department of Justice, “until the court sorts out those two requests, nothing is going to happen. Everything is on hold.”

Whatever decision the court eventually makes, the FMCSA will still have to make regulatory changes to accommodate the ruling.  Until regulatory changes are made, the current rules will apply and motor carriers and drivers should continue to operate as usual.

Posted: June 26, 2007 Effective: September 14, 2007 FMCSA

Drivers Hours of Service Update:  New Court Ruling (effective 9/14/07)
In a 39-page ruling dated August 24, 2007, The United States Court of Appeals for the District of Columbia Circuit has granted a petition filed by Public Citizen, and vacated portions of the 2005 Drivers Hours of Service rule.  The portions vacated are those that extended the maximum allowable driving time to 11 hours and the 34-hour restart, which allows drivers to reset their maximum allowable hours in a week. 

The effective date of this decision is September 14, 2007

Based on this ruling, drivers of commercial motor vehicles would have driving hours reduced to 10 hours during a 14-hour tour of duty and would no longer be able to restart their 60/70 hours following 34 consecutive hours off duty. All other aspects of the hours of service rules will remain the same unless the Federal Motor Carrier Safety Administration, following its evaluation of this decision, should decide to propose additional changes.

American Trucking Associations will be seeking a stay from the court to keep current rules in place until the Federal Motor Carrier Safety Administration provides the court with explanations for two of the rules provisions, the group said following the ruling.  If the stay is granted, the effective date of this decision would be extended.

As information becomes available, it will be posted at this Web site.

 

Posted: July 24, 2007 Effective: July 24, 2007 FMCSA

Gov. Jennifer M. Granholm recently signed Public Act 33 into law, resulting in significant changes to how movers will operate in Michigan.

The major changes include:

  • All movers must now obtain household goods operating authority from the Michigan Public Service Commission
  • A new category has been added, defining “local moves” as “a household goods shipment of 40 miles or less, from point of origin to point of destination, as determined by actual miles traveled by the motor carrier and verifiable by odometer reading or mileage in general public use.” These local moves will not be subject to rate and tariff requirements of Article II of Act 254.

For more information, see Senate Bill 266

http://www.legislature.mi.gov/documents/2007-2008/billenrolled/senate/pdf/2007-SNB-0266.pdf

Posted: June 11, 2007 Effective: July 11, 2007 FMCSA

49 CFR Part 393 [Docket No. FMCSA–1997–2364

FMCSA has amended § 393.11 of the Federal Motor Carrier Safety Regulations by removing paragraph (d).

Prior to this amendment, 393.11(d) prohibited commercial motor vehicles from being equipped with lights/lamps in a horizontal line with the required identification light/lamps. The required (3 lamp cluster) identification lamps are to be located as close as practicable to the top center of the vehicle or the cab with lamps placed 6 to 12 inches apart

The removal of 393.11(d) allows for auxiliary lamps to be inline with the required identification lamps provided, they are positioned least twice the distance that separates each lamp in the required three-lamp cluster.

49 CFR Part 393 [Docket No. FMCSA–1997–2364] RIN 2126 AB07 Parts and Accessories Necessary for Safe Operation; Lamps and Reflective Devices

Posted: June 4, 2007 Effective: June1, 2007 FMCSA

Effective today the Federal Motor Carrier Safety Administration Michigan Division has established new telephone numbers.  The general office telephone number is 517-853-5990, the fax number is 517-377-1868.

FMCSA
MICHIGAN DIVISION
219 W Allegan Room 219
Lansing, MI 48933

Posted: April 11, 2007 Effective: April 11, 2007 State of Michigan

On March 11, 2007, the Michigan State Police Motor Carrier Division and the Traffic Services Section merged into a new division named the Traffic Safety Division.

All mailing addresses, telephone numbers and e-mail addresses will remain the same. When calling the Motor Carrier Division you will be greeted with the new division name, the Traffic Safety Division. All correspondence should be sent to:

Michigan State Police
Traffic Safety Division
4000 Collins Road
Lansing, MI 48910

 

Posted: March 6, 2007 Effective: April 5, 2007s FMCSA

[Federal Register: March 6, 2007 (Volume 72, Number 43)]
FMCSA amends the Federal Motor Carrier Safety Regulations to allow the use of automatic hydraulic inertia brake systems (surge brakes) on trailers when the ratios of gross vehicle weight ratings (GVWR) for the towing-vehicle and trailer are within certain limits. Read the changes to 393.

Posted: March 16, 2007 Effective: immediately Michigan Vehicle Code

PA 595 of 2006 amends the Motor Carrier Safety Act to prohibit a motor carrier operating entirely in intrastate commerce (solely in Michigan) from permitting or requiring a driver of a commercial motor vehicle engaged in seasonal construction-related activities, regardless of the number of motor carriers using the driver's services, to do either of the following:

-- Drive for any period after having been on duty for 70 hours in any seven consecutive days or having been on duty for 80 hours in any period of eight consecutive days.
-- Drive for more than 12 hours or be on duty for more than 16 hours in any day

Act 595 of 2006 does not change the requirement for 10 hours off duty between shifts.

Posted: March 8, 2007 Effective: March 22, 2007 FMCSA

This final rule amends the regulations governing the enforcement of commercial vehicle size and weight to incorporate provisions enacted in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU); the Energy Policy Act of 2005, and; the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act of 2006. This final rule adds various definitions; corrects obsolete references, definitions, and footnotes; eliminates redundant provisions; amends numerical route changes to the National Highway designations; and incorporates statutorily mandated weight and length limit provisions. Read Federal Register # FHWA-2006-24134

Read the changes to Chapter 658. This legislation codifies idle reduction technology. See 658.17 in the changes.

Posted: January 16, 2007 Effective: Immediately Michigan Vehicle Code

Public Act 658 of 2006, signed into law on 1/8/07 and effective immediately, amends the Michigan Vehicle Code (sec 257.722) and expands the exemption from seasonal weight restriction and gross weight, afforded to public utility vehicles that are owned or operated by public utilities under the jurisdiction of the Michigan Public Service Commission to include, vehicles owned or operated by subcontractors.

The amendment provides for a distinction between emergency and non-emergency situations, and the notification/permit requirements for each situation.

For further details read Public Act 658 of 2006 or contact appropriate County Road Commission/s.

Posted: January 9, 2007 Effective: Immediately Michigan Vehicle Code

Public Act 595 of 2006

The Act amends the Motor Carrier Safety Act 181 to prohibit a motor carrier (operating entirely in intrastate commerce solely in Michigan) from permitting or requiring a driver of a commercial motor vehicle engaged in seasonal construction-related activities, regardless of the number of motor carriers using the driver's services, to do either of the following:

  • Drive for any period after having been on duty for 70 hours in any seven consecutive days or having been on duty for 80 hours in any period of eight consecutive days.

  • Drive for more than 12 hours or be on duty for more than 16 hours in any day.
Posted: January 9, 2007 Effective: n/a MDOT

MDOT Transport Permit Dept

Legislation has recently passed which has increased certain posted speed limits to 60 mph for trucks. Please be advised that speed limit provisions have not changed and permit holders must adhere to the speed specified on their permit.

Self-propelled cranes must adhere to the provision on the permit which indicates "Must maintain a minimum speed of 45 mph." If a self-propelled crane cannot maintain this speed, it must be transported. More

Posted: January 3, 2007 Effective: immediately Michigan Vehicle Code

PA 509 of 2006

Public ACT 509 amends 257.716 of the Michigan Vehicle Code to allow a wrecker operator towing a combination of disabled vehicles to remove them from the roadway at any lawful point within the maximum distance prescribed in the Code under a permit authorizing the wrecker to operate in excess of the Code's size and weight restrictions

For complete details read the legislation: PA 509 of 2006

 

Posted: January 3, 2007 Effective: immediately Michigan Vehicle Code

PA 516 of 2006

Under the Code, the Secretary of State may issue a registration plate upon application and payment of the proper fee to an individual, partnership, corporation, or association that in the ordinary course of business has occasion legally to pick up or deliver a vehicle not required to be titled under the Code or to repair or service a vehicle, or to a dealer under Part 801 (Marine Safety) of the Natural Resources and Environmental Protection Act for the purpose of delivering a vessel or trailer to a customer or to and from a boat show or exposition.


With this act, the Secretary of State also may issue a registration plate, upon application and payment of the proper fee, to an individual, partnership, corporation, or association that in the ordinary course of business had occasion legally to pick up or deliver a commercial motor vehicle being driven to a facility to undergo aftermarket modification.