Archive | GOVERNMENT Action RSS feed for this section

EXTENSION OF REGIONAL DECLARATION OF EMERGENCY

On December 30, 2017, as a result of the effects of severe winter weather, including Winter Storms Frankie and Grayson, FMCSA issued a Regional Declaration of Emergency for the Affected States and jurisdictions. The Emergency Declaration was extended on January 10, 2018. Because emergency conditions have not abated, FMCSA is again extending the Emergency Declaration and associated regulatory relief in accordance with 49 CFR § 390.25. This extension of the Regional Declaration of Emergency addresses ongoing emergency conditions creating a need for immediate transportation of heating fuel, including propane, natural gas, and heating oil, into and from the Affected States and jurisdictions and provides necessary relief.

Extension of Regional Declaration of Emergency USDOT

ELD Users Required to Carry Backup

Emergency Declaration – 17-02 Frigid Temperatures

Effective December 29, 2017 through January 2, 2018

In response to frigid temperatures and the continued demand for fuel delivery, the Missouri Department of Public Safety has issued an emergency declaration to waive certain federal regulations under the authority of 49 C.F.R. § 390.23, for carriers who directly assist in emergency relief efforts by transporting fuels commonly used in the heating of residences, businesses, and other facilities.

While this declaration is in effect, participating carriers are relieved from compliance with title 49, part 395 of the Code of Federal Regulations (hours of service regulations).

Carriers may benefit from the waiver while under load and when returning either empty or with loads directly related transporting heating fuels.

Carriers should carry a copy of the declaration in the vehicle while operating in response to the relief efforts.

NONE of the emergency provisions apply to carriers who are not directly involved in the emergency relief efforts through delivery of heating fuel.

Carriers must read and understand the Emergency Declaration 17-02. In the event this note contradicts any information in the declaration, the declaration language shall rule.

Emergency Declaration – Tropical Storm Harvey

26 State – Regional Declaration of Emergency – Signed – 08-31-2017

EMERGENCY DECLARATION 17-01

Effective May 4, 2017 to June 3, 2017

In response to severe spring storms causing massive flooding, the Missouri Department of Public Safety has issued an emergency declaration to waive certain federal regulations under the authority of 49 CFR 390.23, for carriers who participate in emergency relief efforts.

While this declaration is in effect, participating carriers are relieved from compliance with 49 CFR parts 395 (hours of service regulations).

Carriers may benefit from the waiver while under load and when returning either empty or with loads directly related to the emergency relief efforts.

Carriers should carry a copy of the declaration in the vehicle while operating in response to the relief efforts.

NONE of the emergency provisions apply to carriers who are not directly involved in the emergency relief efforts or delivery of essential services or supplies.

Carriers must read and understand the attached emergency declaration. In the event this note contradicts any information in the declaration, the declaration language shall rule.

Emergency Declaration

EMERGENCY DECLARATION – Wildfire Relief

Wildfires in states west of Missouri are consuming large swaths of livestock pasture. As a result, livestock producers are in great need of animal feed. In order to streamline relief efforts, the Missouri Department of Transportation, at the request of Gov. Eric Greitens and in consultation with the Missouri Department of Agriculture, is waiving travel time restrictions for those hauling oversize loads of hay in Missouri to one of the affected states.

The Emergency Declaration for the destination state can be downloaded and printed from the FMCSA website https://www.fmcsa.dot.gov/emergency  A copy of the permit must be carried with the load and will be recognized by the Missouri State Highway Patrol.


Oversize permits are required of loads exceeding 8’6” in width. Through April 8, 2017, permits for overwide loads of hay will:

– Be issued free of charge

– Be issued up to 12’ wide (load length, height and weight must remain within legal limits)

– Allow travel during curfew hours and at night

These continuous movement oversize permits are only available to those hauling hay in direct response to disaster relief efforts.

Drivers must abide by all other permit regulations including the use of reflective oversize load signs and clearance lights instead of flags at the edges of loads when hauling at night or when visibility is less than 500 feet.

For assistance obtaining an oversize permit, carriers may contact MoDOT Motor Carrier Services at 1-800-877-8499 between 7:30 a.m. and 5:00 p.m.

Interpretation and Enforcement Changes for Fuel Carrier Industry – UPDATE

The Missouri Highway Patrol Vehicle Enforcement Division has decided to hold off from enforcing the recent interpretation from the Pipeline and Hazardous Materials Administration (PHMSA) changes how you placard a full load of diesel fuel, NA1993.

In a recent response/interpretation from PHMSA they have alerted the industry of how 49 CFR 172.336 is being enforced.  The interpretation would no longer allow a carrier to display the flammable placard with the markings UN1203 when the entire load is diesel fuel, NA1993.

Missouri Highway Patrol Commercial Vehicle Enforcement leadership has decided to hold off on enforcing the interpretation until a determination is finalized on whether this will be permanently changed.  Several groups in Washington DC are working to get this language changed so that carriers could transport diesel fuel, gasoline and heating oil in different compartments in a truck using only a gasoline placard without having to affix or switch multiple placards.

Call Jason Ahten at 573-634-3388 for more details.

FHWA Releases Compendium of Size and Weight Regulations

The Federal Highway Administration has released its Compilation of Existing State Truck Size and Weight Limit Laws. This publication was requested by Congress in 2012 in the MAP-21 highway bill. It is a compendium of state size and weight regulations, in effect on October 1, 2012, that allow vehicles operating on the National Highway System to exceed federal size and weight limits. In addition to limits for trucks in regular operation, the report includes exemptions for specific commodities or types of vehicle. Because federal length law is permissive, the report focuses almost exclusively on weight limits.

~American Trucking Associations ~

FMCSA Grace Period for Use of New Medical Report Forms and Certificates

The FMCSA 120-day grace period during which Medical Examiners were allowed to use either the current or the newly revised versions of the Medical Examination Report (MER) Form and Medical Examiner’s Certificate (MEC) was from December 22, 2015, until April 20, 2016.

It’s official – only the new report forms and wallet cards can be used now! 

Please check your stock of Driver Qualification files as well as your stock of medical examination report forms and certificates.  Some driver qualification files come with forms and will contain the old version of the medical forms.  Any medical exam report forms and certificates in your possession need to replaced with the new version.

New product is currently available through the MoTA truckerStore.

 

FMCSA Lowers 2016 Random Drug Testing Rate to 25 Percent

The Federal Motor Carriers Safety Administration has announced it will lower the 2016 minimum random drug testing rate for commercial driver’s license holders to 25% from 50% annually. This significant announcement is the result, in large part, of ATA’s advocacy efforts.  ATA met with FMCSA on this issue early last year, helped gather relevant data, and encouraged FMCSA to take the appropriate step of reducing the testing burden if the industry’s performance continued to meet the agency’s standard. DOT has previously lowered the testing rates for others modes and acknowledged a 25% rate continues to provides strong deterrence from drug use.

Under a long-standing provision in the Federal Motor Carrier Safety Regulations, FMCSA may lower the minimum annual percentage rates for random testing to 25% percent when the industry violation rate (as measured by number of positive tests) for random drug tests is less than 1.0% for two consecutive years.  The trucking industry has maintained a sub-1.0% violation rate for three consecutive years. The announcement is an important step that will immediately reduce regulatory and cost burdens for motor carriers.  Carriers may, however, continue to test at a rate higher than 25% in 2016 if they so choose.