What's New

CSA 2010 Implementation Delayed

 The Federal Motor Carrier Safety Administration announced on April 8, 2010 that the implementation of the CSA 2010 safety initiative is being delayed from its planned rollout in the summer of 2010.  Currently in its testing phase in six states, CSA 2010 is now expected to begin its nationwide implementation in the fall of this year, with full enforcement of all parts of the program not being completed until some time in 2011.  The program is intended to replace the current SafeStat recordkeeping as well as the safety rating methods currently used in the motor carrier compliance review process.

The FMCSA states that it plans to provide the CSA 2010 data to motor carriers beginning in the second half of April 2010, but that the new data and measurement tools will not replace the current SafeStat until November 2010, when CSA 2010 carrier data and scores will be available to the general public.  The FMCSA also plans to issue warning letters to carriers beginning in November of this year regarding safety deficiencies identified under the new program. 

More information on CSA 2010 is contained in our previous article on this page, or please contact our office by telephone at 614-221-1306 or by email to BEdwards@aldenlaw.net.

DOT Issues Rule Requiring Electronic On-Board Recorders for Truck and Bus Companies with Serious Hours-of-Service Violations

April 5, 2010
Department to Consider Broader EOBR Mandate Later this Year

The U.S. Department of Transportation's Federal Motor Carrier Safety Administration recently issued a new rule that will require interstate commercial truck and bus companies with serious patterns of hours-of-service (HOS) violations to install electronic on-board recorders (EOBRs) in all their vehicles. Nearly 5,700 interstate carriers will use EOBRs after the final rule's first year of implementation.

"Safety is our highest priority," said FMCSA Administrator Anne S. Ferro. "In addition to requiring EOBRs for carriers that have already demonstrated a pattern of hours-of-service violations, we will initiate a rulemaking later this year that considers an EOBR mandate for a broader population of commercial motor carriers."

Electronic on-board recorders are devices attached to commercial vehicles that automatically record the number of hours drivers spend operating the vehicle. Driving hours are regulated by federal HOS rules, which are designed to prevent commercial vehicle-related crashes and fatalities by prescribing on-duty and rest periods for drivers.

Under the EOBR final rule, carriers found with 10 percent or more HOS violations during a compliance review will be required to install EOBRs in all their vehicles for a minimum of two years. The rule also provides new technical performance standards for EOBRs installed in commercial motor vehicles, including requirements for recording the date, time and location of a driver's duty status.

Additionally, carriers that voluntarily adopt EOBRs will receive relief from some of FMCSA's requirements to retain HOS supporting documents, such as toll receipts used to check the accuracy of driver logbooks.

The rule will go into effect on June 1, 2012, to ensure EOBR manufacturers have sufficient time to meet the rule's performance standards and to manufacture products to meet industry demand.

 Anhydrous Ammonia

 Ohio interstate motor carriers transporting anhydrous ammonia have been exempted from the hours-of-service regulations until June 21, 2010.  The following letter must be carried in vehicles taking advantage of the Exemption:  PUCO Notice of Regulatory relief for the Intrastate Transportation of Anhydrous Ammonia.

2010 UCR FEES DELAYED UNTIL SPRING 2010 AT THE EARLIEST

 As a result of Congress eliminating trailers from inclusion in the fee brackets for the Unified Carrier Registration (UCR), the Federal Motor Carrier Safety Administration (FMCSA) must reset the annual UCR fees, which requires a formal federal rulemaking procedure and an opportunity for public comment.  In 2009, FMCSA proposed much higher fees for 2010, causing opposition from much of the transportation industry.  The Office of Management and Budget (OMB) will conduct a full economic review of the matter, expected to take 90 days or more.  Collection of UCR fees by participating states is therefore delayed until the government review is completed and the new fees are approved.

 CSA 2010

The Federal Motor Carrier Safety Administration is phasing in its new safety initiative, Comprehensive Safety Analysis (CSA) 2010.  Currently the program has been implemented in six test states and is expected to be nationwide later this year.  The program is intended to replace the current SafeStat recordkeeping as well as the safety rating methods currently used in the motor carrier compliance review process.

Our office participated in FMCSA Listening Sessions in order to keep current on the program developments.  From these sessions we learned the following details of CSA 2010. 

CSA 2010 rates motor carriers based on measurements in seven areas, called BASICs (Behavioral Area Safety Improvement Categories:

1)      unsafe driving;

2)      fatigued driving (hours of service);

3)      driver fitness;

4)      controlled substance and alcohol;

5)      vehicle maintenance;

6)      crash history; and

7)      improper load securement.

The sources for measurement are roadside inspections, state-reported crashes, and federal motor carrier census from the past 24 months.  Violations are weighted based on severity and amount of time since violation (either within past 12 months or from 13-24 months).  This data is then compared to other carriers within peer groups assigned by the FMCSA.  The agency then determines if an intervention is required and assigns a Safety Fitness Determination (SFD) to the carrier.  The SFD ratings are: Continue to Operate, Marginal, and Unfit.  No on-site compliance review is necessary in order to change an SFD rating.

The goal of CSA 2010 is to increase highway safety by examining more motor carriers than the current system of compliance reviews and vehicle inspections.  Intervention tools include the new Safety Measurement System (SMS), which uses all inspections and crash reports to create the safety rating, or SFD.  The SMS triggers the intervention process. 

In comparing the SMS system to the current SafeStat system, SafeStat organized the areas of scrutiny into four broad Safety Evaluation Areas (SEAs): Accident, Driver, Vehicle, and Safety Management.  CSA 2010 breaks it down into the seven BASICs listed above.  Also, SafeStat uses only out-of-service violations and moving violations from roadside inspections, whereas CSA 2010 will take into consideration all safety-based roadside inspections.  Finally and significantly, the SafeStat system only rates and affects carriers, while the new SMS system will measure and record safety data on carriers and commercial drivers, although drivers will not be assigned safety ratings. 

The current timeline is for SafeStat to be replaced by SMS in the summer of 2010, and for FMCSA to provide the SMS results to roadside inspectors for safety enforcement.  Then during the second half of 2010, FMCSA plans to train law enforcement on the new program and to send carriers warning letters for safety violations discovered.

Currently the driver SMS data is an internal program only available to FMCSA personnel, containing three years of inspections, moving violations and crash history.  As with the current SafeStat system, the records are a history of violations, not convictions.  Therefore traffic cases which drivers contest and are dismissed or amended will not necessarily be corrected in SMS.  Some enforcement agencies refuse to remove or amend SafeStat to reflect the disposition of cases by courts – they take the position that SafeStat (soon to be SMS) is a record of inspections, not convictions, so a violation found in an inspection remains in the record in many instances even when dismissed in court and a DataQ challenge is filed.

FMCSA intends to allow drivers to access their SMS data online, but in order to do this the FMCSA must undergo the rulemaking process, including public comment and government approval.  A driver pre-employment screening program is slated for early 2010 to allow motor carriers to look at a driver’s employment history for previous 3 years, across multiple employers (with driver approval).  Originally slated to start in December 2009, the program has been delayed due to driver privacy concerns.  FMCSA has indicated that the cost to motor carriers will be “reasonable”.

There is currently no intervention process for individual drivers, but the new SMS process will allow investigators to mark certain drivers with red flags for certain violations.  Investigators must follow up to determine if corrective action has been taken, and require action if not.  As to owner-operators, inspections, violations, and crashes will continue to affect the carrier that the driver is leased to, just as it does today.

FMCSA is retaining the civil monetary penalties for certain violations, and carriers will still be able to request a change in their safety rating as allowed under the current federal rules.  The current Notice of Claim process will remain, as will the ultimate enforcement step of placing carriers out of service. 

Clean inspections help carriers in most of the BASICs.  However, inspectors are not required to document clean inspections.  Inspectors currently examine vehicles without issuing an inspection report, and will continue to be able to do so.  FMCSA states that the intent of inspections is to find violations to improve road safety.  Inspectors will continue to target suspect vehicles and carriers to find problems.

During the test phase of CSA 2010 with six states from February 2008 to October 2009, the FMCSA sent out nearly 4,500 warning letters to carriers, causing almost half of those carriers to review their safety data on the CSA 2010 website.

ADVICE FOR MOTOR CARRIERS AND DRIVERS ON CSA 2010

The implementation of CSA 2010 in place of the current system means that in addition to monitoring out-of-service violations and preparing for on-site compliance reviews, carriers must now focus on the other BASICs.  Companies should start analyzing their safety performance data in all seven areas now to minimize the possibility of incurring an FMCSA intervention and Marginal or Unfit SFD when the program is implemented later this year.

Every inspection and violation counts towards the overall safety fitness determination.  Carriers need to ensure that their MCS-150 is current and up to date.  Increased inspections due to using more power units without increasing power units on the MCS-150 will result in a worse safety record.

 Overall, the best advice to carriers is to monitor driver records and inspections and keep drug/alcohol testing and records up to date.  Commercial drivers are advised to keep their records as clean as possible, keep their CDL & medical cards up to date, adhere to the hours of service regulations, keep cargo secure, and drive as safely as possible.

For more information on CSA 2010 and how it will affect your business, contact Ben Edwards or John Alden by phone at 614-221-1306, via facsimile at 614-221-3551, or by email to BEdwards@aldenlaw.net.

THE BERNARD J. LALONDE TRANSPORTATION AND LOGISTICS SCHOLARSHIP

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OVERLOAD VIOLATIONS REMAIN NON-MOVING, NO-POINT OFFENSES

There is a rumor circulating that the Delaware County Municipal Court will soon be assessing two points on CDLs for overload violations.  This is incorrect.  Violations relating to size and weight restrictions remain non-moving offenses under Ohio law and therefore cannot carry points.

The misconception occurred because of a change in Ohio law on the assessment of court costs for particular traffic offenses.  House Bill 1 changed Revised Code sections 2937.22 (effective October 16, 2009) to define “moving violation” as it is defined in R.C. 2743.70.  This includes any violation “that regulates the size or load limitations or fitness requirements of vehicles.”

For purposes of the Ohio point system for traffic offenses, however, there is no change in the current definition of moving violation.  It continues to exclude violations “regulating…vehicle size or load limitations” (R.C. 4510.01(E)).

Beneficial changes in House Bill 1 include reclassification of most equipment violations as minor misdemeanors regardless of similar prior offenses.  Previously the violations were minor misdemeanors on a first offense and carried more severe penalties, including possible jail time and higher fines for second and subsequent offenses within one year.  This should be especially helpful to carriers that serve the heavy haul and other weight conscious shippers.

Further good ne

CSA 2010 Implementation Delayed

The Federal Motor Carrier Safety Administration announced on April 8, 2010 that the implementation of the CSA 2010 safety initiative is being delayed from its planned rollout in the summer of 2010.  Currently in its testing phase in six states, CSA 2010 is now expected to begin its nationwide implementation in the fall of this year, with full enforcement of all parts of the program not being completed until some time in 2011.  The program is intended to replace the current SafeStat recordkeeping as well as the safety rating methods currently used in the motor carrier compliance review process.

The FMCSA states that it plans to provide the CSA 2010 data to motor carriers beginning in the second half of April 2010, but that the new data and measurement tools will not replace the current SafeStat until November 2010, when CSA 2010 carrier data and scores will be available to the general public.  The FMCSA also plans to issue warning letters to carriers beginning in November of this year regarding safety deficiencies identified under the new program. 

More information on CSA 2010 is contained in our previous article on this page, or please contact our office by telephone at 614-221-1306 or by email to BEdwards@aldenlaw.net.

ws is that House Bill 1 reclassifies four driver’s license violations as unclassified misdemeanors on a first offense, with a permissive fine up to $1,000 and up to 500 hours of community service, and modifies the penalty for driving with an expired license and for driving in violation of a license restriction, as described in the following chart.  Except where noted, the changes apply equally to CDL holders and non-CDL licensed drivers:

RENEWAL OF ONTARIO OPERATING AUTHORITY NOW REQUIRED

Beginning December 1, 2008, motor carrier authority to operate in Ontario needs to be renewed. The Ontario Ministry of Transportation now requires renewal of the Commercial Vehicles Operator's Registration (CVOR). In addition, there are now fees assessed for obtaining and renewing the Ontario authority.

Over the next two years, carriers currently holding a CVOR certificate are required to convert their non-expiring authority to an expiring authority (and pay a $100 fee). The CVOR will require renewal every two years for carriers with excellent or satisfactory safety ratings, while lower-rated carriers must renew the CVOR annually. At the time of renewal, carriers must report any change in fleet size or kilometers traveled from the previous year and pay a $50 renewal fee. Carriers holding CVOR certificates will be contacted by the Ontario Ministry of Transportation ninety days in advance of their assigned CVOR expiration date. The initial fee to obtain a CVOR certificate is $250.00.

For more information on these changes or for assistance in obtaining or renewing a CVOR certificate, contact Ben Edwards or John Alden at their office, 614-221-1306, facsimile at 614-221-3551, or by email to BEdwards@aldenlaw.net.

PROTECT YOUR DRIVERS AND YOUR SAFETY RATING

A case involving a CDL driver cited for an out-of-service violation who challenged the citation was recently heard by the Public Utilities Commission of Ohio. The cited violation carried a mandatory 60-day commercial driver's license suspension under the feder

CSA 2010 Implementation Delayed

The Federal Motor Carrier Safety Administration announced on April 8, 2010 that the implementation of the CSA 2010 safety initiative is being delayed from its planned rollout in the summer of 2010.  Currently in its testing phase in six states, CSA 2010 is now expected to begin its nationwide implementation in the fall of this year, with full enforcement of all parts of the program not being completed until some time in 2011.  The program is intended to replace the current SafeStat recordkeeping as well as the safety rating methods currently used in the motor carrier compliance review process.

The FMCSA states that it plans to provide the CSA 2010 data to motor carriers beginning in the second half of April 2010, but that the new data and measurement tools will not replace the current SafeStat until November 2010, when CSA 2010 carrier data and scores will be available to the general public.  The FMCSA also plans to issue warning letters to carriers beginning in November of this year regarding safety deficiencies identified under the new program. 

More information on CSA 2010 is contained in our previous article on this page, or please contact our office by telephone at 614-221-1306 or by email to BEdwards@aldenlaw.net.

al motor carrier safety regulations and Ohio law. With the assistance of the Ohio Trucking Association and through expert testimony on behalf of the driver at a day-long PUCO hearing, we showed that the alleged violation, a crack in the frame of the trailer, was not an out-of-service offense according to the CVSA criteria. Following the hearing, the state offered to amend the violation to a lesser offense which does not carry a CDL suspension, and the driver and the motor carrier accepted.

For more information on this case or other motor carrier / CDL matters, contact Ben Edwards or John Alden at their office, 614-221-1306, via facsimile at 614-221-3551, or by email to BEdwards@aldenlaw.net.

 ELECTRONIC FILING OF 2008 IRS HEAVY HIGHWAY VEHICLE USE TAX REQUIRED FOR CARRIERS WITH 25 OR MORE VEHICLES

Beginning in August 2008, the Internal Revenue Service (IRS) requires that motor carriers with 25 or more trucks which are subject to the heavy highway vehicle use tax file their taxes electronically, rather than by paper form, as done previously. The IRS has approved three vendors to provide the electronic filing service: Taxsoftware.com, i2290.com, and tax2290.com. Filing is done via the websites of the three IRS-approved vendors, rather than directly with the IRS website.

When filing electronically, a carrier pays the tax ($550.00 per year for an 80,000 pound vehicle) by providing its bank account information to the IRS-approved vendors. Carriers with fleets of 24 vehicles or less have the option of filing electronically or via paper.

The tax applies to all vehicles with a gross vehicle weight of 55,000 pounds or more, and is due by August 30 each year for the upcoming tax year from July 1 to June 30. The excise tax is paid through the filing of IRS Form 2290. Electronic filing was implemented in 2007, but in 2008 is now required for fleets of 25 or more. Penalties for non-compliance have not yet been set by the IRS, but are expected.

The Ohio Bureau of Motor Vehicles and the IRP Processing Center require proof of payment of the excise tax in order to register or renew registration of vehicles. For more information or assistance in complying with the new requirements for IRS Heavy Highway Vehicle Use Tax filing, contact Ben Edwards or John Alden at their office, 614-221-1306, facsimile at 614-221-3551, or by email to BEdwards@aldenlaw.net. The Law Offices of John Alden was one of the first companies to establish electronic IRP filing capability, which speeds processing of apportioned license plates, especially when immediate temporary or permanent plates are required.

 WARNING ON FRAUDULENT LETTERS FROM U.S. DOT "PROCUREMENT OFFICE"

Many motor carriers have received letters purporting to be from the U.S. Department of Transportation Procurement Office requesting "authorization to release financial information", signed by individuals entitled "Senior Procurement Officer". These letters are fraudulent, attempting to get carriers' bank account information. The DOT webpage concerning the fraud is http://www.dot.gov/ost/m60/fraudulent_letters.htm.

If you receive one of these letters, please do not respond. Instead, inform your company personnel of this unauthorized financial information request to protect your business. For more information, contact Ben Edwards at The Law Offices of John L. Alden, at 614-221-1306.

 UNIFIED CARRIER REGISTRATION REPLACES SINGLE STATE REGISTRATION

The Uniform Carrier Registration (UCR) program has replaced the Single State Registration System (SSRS) that ended on January 1, 2007. The fee structure for UCR is based upon fleet size and is currently as follows:
Number of Vehicles Fee
0 - 2 $39
3 - 5 $116
6 - 20 $231
21 - 100 $806
101 - 1,000 $3,840
1,001 or more $37,500

Freight brokers, freight forwarders, and truck leasing companies who do not operate any vehicles must register and pay the minimum $39 fee. Another significant difference from SSRS is that exempt carriers and private motor carriers are required to register and pay fees under the UCR system. Of the 38 states which participated in SSRS, all except California and North Carolina have joined UCR, and Oregon will participate as well, although it was not included in SSRS.

For more information or for assistance in compliance with the Unified Carrier Registration, contact us at 614-221-1306, via facsimile at 614-221-3551, or by email to BEdwards@aldenlaw.net.

 OPTIONS FOR IRP REGISTRATION AND PLATES

The Ohio IRP Processing Center, in conjunction with the Ohio BMV, has instituted an online filing system, MVS Express. The system now allows online filing of IRP renewals, state/vehicle additions, Ohio base plate conversions, and Temporary Authorities for motor carriers and third parties invited to participate in the program. The system is currently in its trial phase with only a few large accounts. Electronic payment of plate fees is scheduled to be implemented in phase two of the project. The Law Offices of John L. Alden is an authorized participant in the process, and is now able to process transactions online with the IRP Processing Center, offering private and for-hire carriers faster and easier processing of apportioned registrations. For more information, contact Ben Edwards or John Alden at their office, 614-221-1306, facsimile at 614-221-3551, or by email to BEdwards@aldenlaw.net.