New Rulemaking Issued By DOT
Posted on July 10, 2007
Filed Under GENERAL, GETTING AUDITED, HOURS OF SERVICE
The FMCSA (aka the DOT) has issued a final rulemaking, which makes official a number of provisions which were contained in the last authorizing law dated 8-10-05, called the “Safe Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users”. (SAFETEA-LU).
(I kid you not, that’s what its called. Your Congress at work.)
What is this, and what does it mean? Once every five years or so, Congress must pass a law re-authorizing and re-funding FMCSA to do its regulatory work. When passing these laws, both FMCSA and industry special interest groups lobby Congress looking for all types of special handouts. FMCSA typically looks for as much funding as possible, so they may expand their agency. They also look for expanded authority and power, for the same reason. Industry groups try to get little exemptions inserted into the law, which may exempt them from hours of service rules, for example. This is why the regulations are 700 pages long, and getting longer and longer. DOT always adds words, they hardly ever subtract words.
What does it mean to you? Probably nothing.
Most of these changes have nothing to do with the main regulations, and who has to comply with them. The biggest change I see in there is that utility service drivers are exempt from the hours of service regulations. Also, drivers operating within a 100 air mile radius and transporting equipment to movie production sites must use the old 10 and 15 hour rules. Oh, and if you are transporting grapes in Western New York (west of I-81 only), within 150 miles of where the grapes were picked, before September 30, 2009, you are exempt from the hours of service rules. I’m not making that up!! If you transport grapes in Western New York, you are exempt from the hours rules, but only until 9-30-09. I don’t know, maybe Hillary Clinton likes grapes, or wine, or something.
The rule also increases DOT’s already ridiculously high penalties for violating Out of Service orders, and increases the ceiling on hazardous materials penalties. Will this mean that DOT will begin issuing even higher hazardous materials penalties? Maybe, but I doubt it. DOT also expanded its authority to cover virtually all commerce in the U.S., including intrastate commerce. Again, this probably means nothing to you, as most States have adopted all or virtually all of the Federal DOT regulations anyway. Well, there it is, don’t panic, 99.44% of you will be unaffected by this rulemaking.
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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.
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