California Construction Trucking Association (CCTA)

The Federal Motor Carrier Safety Administration (FMCSA) recently issued two notable revisions to its rules for commercial motor vehicle (CMV) drivers. 

1.) Hand-Held Cell Phone Restrictions:           

On November 23, FMCSA and the Pipeline & Hazardous Materials Safety Administration (PHMSA) announced restrictions on the use of hand-held cell phones by interstate CMV drivers and those carrying hazardous materials.  The rule takes effect January 3, 2012, and all states must be in compliance by January 2015.

Numerous states will likely adopt these restrictions for intrastate drivers as well, by law or customary practice.  In all cases, the restrictions will affect numerous drivers in the transportation construction industry. Because some states will adopt the rule as early as January 3, it is recommended that ARTBA contractors check with their state motor carrier safety agency immediately.

For the summary of the new cell phone rule from ARTBA, click here.

2.) New Hours-of-Service Rules Reduces Hours:

On December 22, DOT-FMCSA issued revisions to its hours of service (HOS) rule for interstate CMV drivers.  The rule was not well-received by trucking and shippers' groups. The new rule takes effect February 27, 2012. The long-awaited final hours-of-service rule leaves in place an 11-hour daily driving limit while cutting drivers' weekly hours. The rule reduces by 12 hours of the maximum number of hours a driver can work within a week.  Under the old rule, drivers could work on average up to 82 hours within a seven-day period.  The new HOS rule limits a driver’s work week to 70 hours. 

In addition, drivers cannot drive after working eight hours without first taking a break of at least 30 minutes.  The new rule retains the current 11-hour daily driving limit. For FMCSA’s information page on the new HOS rules, click here.

In regulatory filings and other activities, ARTBA and CCTA has long contended that short-haul and local transportation construction industry drivers should not be subject to the same rules as long-haul drivers, who are much more susceptible to fatigue.  This exemption will remain a priority on ARTBA’s and CCTA regulatory agenda.