Recent FMCSA Developments – Rail, Road & Cycling

(January 2023) – Congress, in
its Infrastructure Investment and Jobs Act, also known as the
Bipartisan Infrastructure Law, required the Federal Motor Carrier
Safety Administration (FMCSA) to establish an apprenticeship pilot
program that would allow drivers between the ages of 18 to 20 with
intrastate commercial driver’s license to operate interstate
commerce under specific conditions. To that end, the FMCSA has
established the Safe Driver Apprenticeship Pilot Program (SDAP)
– a three-year program to help 18- to 20-year-old individuals
explore interstate trucking careers, and to help trucking companies
hire and train new drivers through this program to address the
shortage of truck drivers. Motor carriers must register with the
U.S. Department of Labor’s apprentice program, which reviews
the carriers’ safety performance data to determine if they meet
the governmental standards.

Under 49 U.S.C. §§ 31315 and 31136(e), the Secretary
of Transportation has the authority to grant waivers and exemptions
from the Federal Motor Carrier Safety Regulations (FMCSRs), and to
conduct pilot programs in which one or more exceptions are granted
to allow for the testing of innovative alternatives to certain
FMCSRs. The apprenticeship program permits no more than 3,000
apprentices to participate in the Pilot Program at any one time,
with a maximum of 1,000 participating motor carriers. The FMCSA
will further modify these numbers as participants leave the
program, progress through their probationary periods, or age out of
the program.

Motor carriers must have proper operating authority and minimum
levels of financial responsibility required by the FMCSRs. Motor
carriers must not have: (1) been defined by the Federal
Register as a high or moderate risk motor carrier; (2) a
conditional or unsatisfactory safety rating; (3) any open
enforcement actions; (4) a crash rate above the national average;
(5) a driver out of service (OOS) rate above the national average;
or (6) a vehicle OOS rate above the national average. The FMCSA
will monitor motor carriers and driver performance data throughout
the pilot program to ensure safety.

The Apprenticeship Program consists of two probationary periods
– an initial period of 120 hours and subsequent period of 280
hours. Employers may impose additional requirements on their
apprentices. During the initial 120-hour probationary period, the
motor carrier must ensure that the apprentice completes their 120
hours of on-duty time, of which not less than 80 hours shall be
driving time in a commercial motor vehicle. The motor carrier must
ensure the apprentice is competent in each of the following areas:
interstate; city traffic; rural two lane; evening driving; safety
awareness; speed and space management; lane control; mirror
scanning; right and left turns; and logging and complying with
rules relating to hours of service.

The 280-hour probationary period includes 280 hours of on-duty
time, of which not less than 160 hours shall be driving time in a
commercial motor vehicle. The motor carrier must ensure that the
apprentice is competent in backing and maneuvering in close
quarters, pre-trip inspections, fueling procedures, weighing loads,
weight distribution, sliding tandems, coupling and uncoupling
procedures, trip planning, truck routes, map reading, navigation,
and permits. During both probationary periods, the motor carrier
must ensure that the apprentice only drives a commercial motor
vehicle that has automatic manual or automatic transmission, an
active braking collision mitigation system, a forward-facing video
event caption system, and a governed speed of 65 miles per hour at
the pedal, plus adaptive cruise control. In addition, the
apprentice must be accompanied in the passenger seat by an
experienced driver. Apprentices are not permitted to transport
passengers or hazardous materials, or operate double or
triple-trailer combinations, or tanker trailers.

Information to register the apprentice program may be found at
29 CFR Part 29.

FMCSA Begins Rulemaking on Speed Limiters

Finding that speed is a significant factor in fatal crashes, and
that speed management is a primary tool to reduce serious injuries
and fatalities, the FMCSA has begun rulemaking, which, if adopted,
would impose speed limitations on certain commercial motor vehicles
that operate an interstate commerce. The FMCSA’s notice of
intent is not to propose a maximum speed, nor does it propose
regulatory text or estimates on the costs of safety benefits. It is
simply requesting public comments on the program or adjustment of
Electronic Engine Control Units (ECUs) that could be made to impose
speed limits on commercial motor vehicles, to support the
preparation of a supplemental notice of proposed ruling. The FMCSA
explained that in 2019, there were 860 fatal crashes in areas with
posted speed limits of 70 to 75 miles per hour and 24 fatal crashes
in areas with posted speed limits between 80 to 85 miles per hour.
Approximately 20% of fatal crashes occur in areas with posted speed
limits in these ranges. The FMCSA states the rule will help reduce
crashes and save lives on the nation’s roadways.

The FMCSA requested comments on the programming or adjustments
of ECUs that could be made to impose speed limits on commercial
motor vehicles. These include questions concerning the percentage
of commercial motor vehicles currently using speed limiting
devices, at what maximum speed the devices are generally set, and
the training and equipment needed for motor carriers’
maintenance personnel to adjust or program ECUs to set speed
limits. The FMCSA has received over 14,000 comments during the
comment period.

Various trucker news websites have reported a wide range of
negative comments arguing that speed limiters on trucks will
increase – rather than decrease – dangerous conditions
on highways, with commenters pointing to the potential for conflict
with passenger vehicles operating at differing speed limits, and
the effect of road rage on the part of passenger vehicles.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.