DOT Bans Texting While Driving
Well, I had written a vast, long post about the texting ban, which can be found here. Then I went to a bad minor league hockey game, thought about it, and decided to edit my post.
It’s clear you can’t text on a cellphone in a truck. What is less clear is whether or not you can text on a Qualcomm device. The Federal Register and the new interpretation are written with weasel words, so it’s nearly impossible to tell what they mean. I would wager it will be nearly impossible to get them to put in writing that you are allowed to text on Qualcomm devices, but they probably won’t specifically say you can’t do it, either.
So, that’s all I have to say about that. The American Trucking Association seems to think you can still legally type on a Qualcomm unit while driving, so that’s fine with me. Now I have to get back to watching the State of the Union address to see how much more money Obama wants from me.
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Eric Arnold is a Former Enforcement Agent with the Federal Motor Carrier Safety Administration, and a leading expert on USDOT compliance for small businesses. Do you have a question for Eric Arnold? Email him at eric@arnoldsafety.com.
Arnold Safety simplifies D.O.T. Compliance for commercial vehicle operators. Get Eric Arnold’s USDOT Compliance Guide, DVD, & Regulations at ArnoldSafety.Com.
Learn more about Arnold Safety compliance consulting services at ArnoldSafety.Com.
FMCSA Conducting Listening Sessions on Hours of Service
Well, the FMCSA is going through the motions in revising the hours of service rules, holding the first of four “listening” sessions in Arlington, VA yesterday. They may call them listening sessions, hearing sessions would be more appropriate. You can talk, they hear you, but they sure as hell aren’t listening.
The Obama FMCSA has already cut a deal with the safety crazies and the Teamsters, now it’s just a matter of how bad it’s going to be. According to the Fleet Owner article, Joan Claybrook…. one of the leading safety leftists out there, is on record as wanting an 8 hour limit (rather than 11), a mandatory 16 hour break, and eliminating the 34 hour reset. The Teamsters also want to eliminate the 34 hour reset.
My guess is it will be a 10 hour rule again, retain the current 14 hour rule, and the 34 hour reset will become a 48 hour reset. And that’s if we’re very lucky. If we’re not lucky, they may do away with the reset altogether. The problem is, the data and the science supports the rules, as is, so for FMCSA to have firm footing in court should the industry sue, they cannot change the rules too much. That’s why I think it’ll be 10, 14, and 48 hour reset. One thing, though, apparently, FMCSA is determined to make good on their deal with Joan Claybrook, and have declared the rule will be out by July, 2010. This means these new rules will probably be enforced by the beginning of 2011.
I know many of you have been just trying to keep the lights on, but this is a major regulatory tsunami which is going to hit in 2011. It is true this is being pushed by a Democrat Administration, and Democrat organizations such as Public Citizen and the Teamsters. However, I can’t say this would be any different under a Republican Congress. The Republicans had the Congress when the rules were changed in 2003, and rather than pass a law cementing them into place, they did nothing, allowing the Democrats to pick them apart with legal challenges. I doubt it would be any different in 2011 under a GOP Congress, if that were to happen.
No, the rules are definitely going to be more restrictive, and your profits will be even smaller. It’s just a matter of how bad it’s going to be.
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Eric Arnold is a Former Enforcement Agent with the Federal Motor Carrier Safety Administration, and a leading expert on USDOT compliance for small businesses. Do you have a question for Eric Arnold? Email him at eric@arnoldsafety.com.
Arnold Safety simplifies D.O.T. Compliance for commercial vehicle operators. Get Eric Arnold’s USDOT Compliance Guide, DVD, & Regulations at ArnoldSafety.Com.
Learn more about Arnold Safety compliance consulting services at ArnoldSafety.Com.
Decision to Toll I-80 Imminent
This article comes to us from Land Line, regarding whether or not there will be tolls on I-80 throughout Pennsylvania. The decision as to whether or not Interstate 80, which runs the length of Pennsylvania, will become a toll road, rests with US Department of Transportation Secretary Ray LaHood, who stated the decision will be made shortly.
Apparently, since it is a Federal highway, and is funded in some fashion by the Feds, they get the final say so in whether or not it becomes a toll road. Leftist governor Ed Rendell, who has never met a tax hike he didn’t like, is pushing this, in hopes of funnelling more money to mass transit in Philadelphia and Pittsburgh, paid for by the rural motorist, and out-of-state trucker. How will the decision come down? Well, if it’s being done by an Obama Administration appointee, and will benefit Obama’s urban constituencies…… we’d better get our EZPass out, we’ll need it.
And now, once again, my favorite George Harrison song, Tax Man!
Fatal Stabbing on the Roadside in Chicago
Here’s a bizarre little story, which happened Friday morning, January 15, 2010 in Chicago. One truck driver, David Seddon of Racine, WI, claimed another truck driver, Allen Lauritzen of Sparta, WI, was tailgating him. Witnesses observed the two trucks cutting each other off, as they drove north on the Edens Expressway (I-94) in Chicago. After angry exchanges on the CB, both drivers then pulled off at the Tower Rd. exit, and proceeded to fight. Seddon stabbed Lauritzen with a 2.5 inch buck knife 3 times, including once in the chest, killing Lauritzen. Seddon then drove away. Police arrested Seddon Monday as he was making a delivery.
A shame. You’re not going to walk away a winner in a road rage incident. Best thing to do is keep driving, and ignore the other guy.
More Restrictive Medical Requirements Coming
Here is an excellent article from “Today’s Trucking.com”, which is a Canadian trucking website. The FMCSA has been working on a rulemaking, which will probably be released in the next 6 months. This proposed rulemaking will make the medical requirements for being a commercial driver more restrictive. One of the items expected to be in the rulemaking is some type of test for sleep apnea, which is the condition where sleep is continually interrupted by restricted or a blocked nose and throat. According to the article, this type of condition is most typically found in overweight males, usually having a neck size of 17 or more, and/or a Body Mass Index of 25 or higher.
It is unknown how the FMCSA will regulate the sleep apnea condition, but it seems like something is coming. For those of you unfamiliar with the rulemaking process, first there is a “Notice of Proposed Rulemaking”. FMCSA lays out its proposed changes to the regulations, and gives everyone a number of months to comment on the rule. It then issues a Final Rule some time shortly thereafter. What happens to the comments? Usually nothing. FMCSA will read them, but ultimately, they do whatever they want to do in issuing the Final Rule. Generally, the comments have more to do with political considerations than anything else. For example, if Billy Big Rigger from Kankakee writes in stating he thinks the rule is a bad idea, no matter how well written and sourced his comment is, it’s going in the trash can. If the insurance lobby, or the American Trucking Association writes in, FMCSA might take that seriously.
My gut instinct on this is that yet another regulation which is not necessary. Total truck related fatalities have been dropping over the past several years. I am not convinced that sleep apnea is a dangerous epidemic requiring government intervention. For that matter, how is sleep apnea defined, exactly? I have a 17.5 neck, a BMI of 29, and I snore. So does that mean I have sleep apnea? I don’t fall asleep behind the wheel, but it sounds like if I went for a CDL, I’d end up wearing an expensive CPAP mask. That would probably make my wife happy, but I highly doubt it would make me a safer driver.
Well, there’s nothing in writing yet, no proposed rulemaking has been made yet, but it’s probably coming. Stay tuned.
