New Information Update

Table of Contents

2005
Posted: November 10, 2005 Effective: 11/8/2005 FMCSR

The recently passed Transportation Equity Act, SAFETEA-LU, requires the the FMCSA revise the terms and conditions used to issue exemptions to certain insulin treated diabetic drivers of commercial motor vehicles from the diabetes mellitus prohibitions contained in the FMCSR.

Drivers with insulin-treated diabetes mellitus (ITDM) who meet the modified criteria contained in Federal Register Vol 70, No 215, November 8, 2005, may now request an exemption from 49 CFR 391.41(b)(3) by sending an exemption application request to: Federal Diabetes Exemption Program (MC-PSP), Office of Bus and Truck STandards and Operations, Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., Washington, DC 2-590-0001, calling 703-448-3094, or faxing a request to 703-448-3077.

Effective November 8, 2005 FMCSA will begin accepting applications for exemptions under the new criteria.
Posted: October 20, 2005 Effective: 10/20/2005 Michigan Vehicle Code

Governor Granholm signed 3 bills into law on 10/20/2005 which take effect immediately. Two of them: Public Acts: PA 177, PA 179.

PA 177 Amends and repeals certain sections of Public Act 181 of 1963 (The Michigan Motor Carrier Safety Act). PA 179 amends certain sections of Act 300 of 1949. the changes contained in these acts have a significant and immediate impact on the trucking industry in Michigan.

PA 177 changes include:

  • Details the medical waiver process for intrastate drivers
  • Shortens the expiration date for medical grandfather rights for intrastate drivers from 2032 to 2014
  • Clarifies the use of surge brakes on certain vehicles
  • Increases the fines for serious safety defects
  • Adds requirements for mud flaps or other protection devices
  • Removes intrastate exceptions from hours of service for motor carriers operating in seasonal construction, beverage delivery, pickup and delivery of crude oil, home heating fuel delivery and driver salespersons
  • Removes the exemption for mechanics

PA 179 changes include:

  • Section 312g (added); Prohibit a person from transporting a hazardous material for which a placard is required under the Code of Federal Regulations unless the operator has a hazardous material endorsement on his or her license; and prescribe a misdemeanor penalty for a violation
  • Section 723 (amended); Require commercial vehicles with a single or combination gross weight rating or total gross weight of more than 5,000 pounds to have identifying information painted on or attached to their sides.
  • Section 724 (amended); Revise a provision that sets a penalty for bypassing a weigh station.
  • Section 724 (amended); adds provisions for misloads and fine structure and clarifies which vehicles are required to enter weigh stations

These acts can be viewed at PA 177, PA 179

Posted: August 18, 2005 Effective: September 30, 2005 FMCSA / USDOT

Effective October 1, 2005, the Federal Motor Carrier Safety Regulations 49 CFR, Part 395 Hours-of-Service change! http://www.fmcsa.dot.gov/about/news/news-releases/2005/081905.htm


Federal Motor Carrier Safety Administrator (FMCSA) Annette M. Sandberg has announced at a news conference on Friday, August 19, 2005, a new hours-of-service rule for commercial truck drivers.

A recap of the new rule can be read at: WWW FMCSA.DOT.GOV

Highlights of hours rules & changes:

  • NO CHANGE: Drivers may drive up to 11 hours in the 14-hour on-duty window after they come on duty following 10 or more consecutive hours off duty.
  • NO CHANGE: The 14-hour on-duty window may not be extended with off-duty time for meal and fuel stops, etc.
  • NO CHANGE: The prohibition on driving after being on duty 60 hours in 7 consecutive days, or 70 hours in 8 consecutive days, remains the same
  • New: Drivers can "restart" the 7/8 day period anytime a driver has 34 consecutive hours off duty.
  • New: CMV drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.
  • New: Short Haul Language: Drivers of property-carrying CMV's which do not require a Commercial Driver's License for operation and who operate within a 150 air-mile radius of their normal work reporting location:
    • NO CHANGE: May drive a maximum of 11 hours after coming on duty following 10 or more consecutive hours off duty.
    • New: Are not required to keep records-of-duty status (RODS).
    • New: May not drive after the 14th hour after coming on duty 5 days a week or after the 16th hour after coming on duty 2 days a week.
    Employer must:
    • Maintain and retain accurate time records for a period of 6 months showing the time the duty period began, ended, and total hours on duty each day in place of RODS.
    Logbook examples


Posted: August 17, 2005 Effective: September 14, 2005 FMCSA / USDOT
FMCSA amends part 393 of the Federal Motor Carrier Safety Regulations (FMCSRs), Parts and Accessories Necessary for Safe Operation. The amendments are intended to remove obsolete and redundant regulations; respond to several petitions for rulemaking; provide improved definitions of vehicle types, systems, and components; resolve inconsistencies between part 393 and the National Highway Traffic Safety Administration's Federal Motor Vehicle Safety Standards (49 CFR part 571); and codify certain FMCSA regulatory guidance concerning the requirements of part 393. MORE
MS Word Doc of Changes
Posted: August 12, 2005 Effective: July 5, 2005 FMCSA / USDOT
The FMCSA has revised its requirements concerning the marking of commercial motor vehicles (CMV's) and for the submission of a Motor Carrier Identification Report (Form MCS-150). The FMCSA has eliminated the marking regulations of the former Interstate Commerce Commission (ICC), and now requires motor carriers to apply markings that conform to the requirements of the July 2, 2000 final rule. The agency has also amended its marking requirements to require that CMV's be marked with the legal name of the business entity that owns or controls the motor carrier operation, or the "doing business as'' (DBA) name, as it appears on the Form MCS-150. More..
Posted: May 11 , 2005 Effective: October 1, 2005 FMCSA / Michigan Vehicle Code

CDL Suspension for violations committed in a non-commercial vehicle (PA 362 of 2004)

Section 257.319b of the Michigan Vehicle Code requires the Secretary of State to suspend or revoke all vehicle group designators of (CDL privileges) on the operator's or chauffeur's license of a person for one year if the person is convicted of or found responsible for 1 of the following,, while operating a commercial motor vehicle:
a) violation of drunk driving laws contained in Section 257.625
b) leaving the scene of an accident
c) commission of a felony
d) refusal of a peace officer's request to submit to chemical testing for drugs and/or alcohol

A second violation will result in suspended or revoked vehicle group designators for life, with the possibility of reinstatement after 10 years.

Beginning October 1, 2005, if a CDL holder is convicted of or found responsible for these same violations, while operating a non-commercial motor vehicle, suspensions and revocations will be the same as if the driver had been operating a commercial motor vehicle.
Posted: February 7, 2005 Effective: Immediately FMCSA / USDOT

FMCSA Streamlines Motor Carrier Registration. The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) has combined two of its Web sites to provide its customers with faster, easier access to agency information. Users may now file for USDOT number registrations, operating authority registrations or update their registrations at one time, in one place. This new registration process may be accessed on http://safer.fmcsa.dot.gov, by clicking on "FMCSA Registration & Updates." This combined Web site provides FMCSA customers faster, easier access to FMCSA.

New features of the Web sites allow interstate and intrastate motor carriers of Hazardous Materials
(HM) to request an HM Safety Permit, allow individuals to request copies of safety rating request letters or USDOT notification letters, and provide carriers with a registration tracking number and a personal identifier for operating authority transactions. In addition, users will also be able to make civil fine payments via the SAFER Web site.
Posted: January 31, 2005 Effective: January 31, 2005 Transportation Security Administration

Public Act 362: In compliance with Federal requirements, Michigan will require all CDL Hazardous Materials Endorsement holders to submit to a background check. New CDL applicant background checks begin January 31, 2005. CDL renewal applicant background checks will begin May 31, 2005. Telephone applications can be submitted by calling a toll-free driver help desk at (877) 429-7746. Drivers may also pay the $94 processing fee with a credit card or an electronic check when they pre register.
Michigan Secretary of State Information

Background Checks Now Required for Hazmat Truck Drivers

As part of its Hazmat Threat Assessment Program, the Transportation Security Administration (TSA) now requires the collection of biographical information and fingerprints from applicants who wish to obtain a new Hazardous Materials Endorsement (HME) on their state-issued Commercial Driver's License (CDL). This requirement became effective for new HME applicants on January 31, 2005. Individuals who wish to renew or transfer an existing HME may begin submitting biographical information and fingerprints with their HME application as early as March 31, 2005, but this information will be required as of May 31, 2005.

TSA has selected a vendor to assist in the collection of applicant fingerprints and information for states that have elected to use a TSA agent for this purpose. Seventeen states have elected to complete these tasks using state resources. In either case, the drivers’ fingerprints and biographical information will be forwarded to TSA for vetting.

Under the rules governing the Hazmat Threat Assessment Program, an applicant will be disqualified from holding an HME if they:

  • Have been convicted or found not guilty by reason of insanity in a military or civilian court for any of the permanently disqualifying crimes;
  • Have been convicted or found not guilty by reason of insanity in a military or civilian court within the past seven years for a felony on the list of disqualifying crimes;
  • Have been released from prison within the past five years for any of the disqualifying crimes;
  • Are currently under want, warrant or indictment for a felony on the list of disqualifying crimes; or
  • Have been declared mentally incompetent or involuntarily committed to a mental institution.

To see the list of felonies considered to be disqualifying offenses under the rule governing the Hazmat Threat Assessment Program, please visit the Disqualifying Crimes page.

Please Note: Any current Hazmat driver who has a disqualifying offense prohibiting the holding of a HME must immediately surrender the HME to the State Department of Motor Vehicles.
Posted: December 21, 2004 Effective: Immediately Michigan Vehicle Code

VEHICLE WIDTH RESTRICTIONS
PA 511 of 2004
Vehicle Width — Section 257.717 of the Michigan Vehicle Code is amended as follows:"The total outside width of a vehicle or the load on a vehicle shall not exceed 96 inches, except as otherwise provided in this section." Section 717 provides a number of exceptions to the 96-inch standard, including for vehicles hauling concrete pipe, agricultural products, logs, pulpwood, or wood bolts. In addition, Subsection 717(5) sets a vehicle width limit for buses, trailer coaches, truck campers, and motor homes of 102 inches. Senate Bill 736 would amend this subsection (5) to also permit trailers and semitrailers up to 102 inches.

http://www.mileg.org/documents/2003-2004/billenrolled/senate/htm/2003-SNB-0736.htm

Posted: December 6, 2004 Effective: January 1, 2006 Michigan Vehicle Code

VEHICLE LENGTH/WEIGHT RESTRICTIONS
Public Act 420 of 2004

Vehicle Length – Public Act 420 amends Section 719 of the Michigan Vehicle Code (PA 300 of 1949) to permit 65 foot truck/trailer combinations on all Michigan highways. Under current law, the "normal length maximum" is 59 feet for truck/trailer combinations; 65 foot truck/trailer combinations are currently permitted only on “designated highways.” (apply's only if: each semitrailer or trailer is equipped with a device or system capable of mechanically dumping construction materials or dumping construction materials by force of gravity).

Vehicle weight limit violations – Section 724(3) of the Michigan Vehicle Code indicates that a person who violates the load limits established in Section 722 of the Code is responsible for a civil infraction. The section provides a schedule of civil fines based on the number or pounds the vehicle or axles were in excess of the legal limit

For a vehicle exceeding the total vehicle weight limits, the court would impose the civil fines under Section 724(3), just as under current law. However, for a vehicle which exceeded the weight limits for any axle or axles, but was within the total weight limits, the court would impose the $250 civil fine under Section 907(3), except where the axle or axles exceeded the maximum allowable axle weight by more than 4,000 lbs, in which case the court would assess both the fines under Section 724(3) and the $250 fine under Section 907(3).

Weighing procedure – The bill would add new Section 724a which provides that if a vehicle is to be weighed to determine whether the vehicle is in violation of the Michigan Vehicle Code, or rules promulgated under the Code, or local ordinance substantially corresponding to the Code, and the vehicle is equipped with lift axles that have been temporarily raised to allow the vehicle to negotiate an intersection, driveway, or other turn, the vehicle shall be weighed only after the vehicle’s lift axles are fully lowered and are under operational pressure.

The Act includes a definition of "lift axle" to mean "an axle on a vehicle that can be raised or lowered by mechanical means." Read PA 420