FMCSA
Proposes Rulemaking To Address Truckers' Hours-of-Service
Regulations; Invites Public Comments
The U.S. Department of Transportation's Federal Motor Carrier
Safety Administration is reexamining the 2003 Hours-of-Service
rule that regulates the amount of time commercial truck
drivers can operate their vehicles. The Notice of Proposed
Rulemaking (NPRM) was published by the Federal Register
on Monday, January 24, 2005, and is available at http://dmses.dot.gov/docimages/p80/312470.pdf.
Responses to the questions posed in the NPRM are encouraged.
The comment period closes March 10, 2005.
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Important
for those that presently operate on the U.S. Border
Application
Process
The application process represents the first phase in a
carrier's efforts to obtain a Certificate of Registration
to operate within the border commercial zones. To successfully
complete the application process, a carrier must correctly
complete and file the OP-2 application package, accompanied
by an application fee.
Mexico-domiciled
carriers that currently hold Certificates of Registration
for commercial zone operation must re-apply with the FMCSA
by October 20, 2003 in order to continue these operations.
Carriers re-applying for a permanent Certificate of Registration
will not be required to pay the $300 application fee.
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Important
Information for Those Mexican Motor Carriers that Presently
have Authorization to Operate beyond the Municipalities
along the United States-Mexico Border and beyond the Commercial
Zones.
Mexico-domiciled
carriers that currently hold Certificates of Registration
issued before April 18, 2002, authorizing operations beyond
the municipalities along the United States-Mexico border
and beyond the commercial zones, must file an OP-1 (MX)
by November 4, 2003 in order to continue these operations.
You do not need to submit a fee when you file an application
under this subpart (365. Subpart E).
The FMCSA may suspend or revoke the Certificate of Registration
of any applicable holder that fails to comply with the procedures
set forth in this section. Certificates of Registration
issued before April 18, 2002, will remain valid until the
FMCSA acts on the OP-1(MX) application.
Recent
History of Mexican Motor Carriers Entry into the U.S.
On
November 27, 2002, the President modified the moratorium
on granting operating authority to Mexico-based motor carriers.
This Presidential action means that Mexican truck and regular-route
bus service in the U.S. interior (beyond the commercial
border zones) could begin pursuant to the applicable rules
and procedures issued by FMCSA on March 19, 2002. These
rules established: (1) applicable procedures for Mexico-domiciled
motor carriers seeking authority to operate in the United
States beyond the border commercial zones (49 Code of Federal
Regulations Parts 368 and 387); (2) safety monitoring procedures
for all Mexico-domiciled carriers operating anywhere in
the United States (49 CFR Part 365); and (3) procedures
for certifying individuals to conduct safety audits and
investigations (49 CFR Part 385).
On
January 16, 2003, the U.S. Court of Appeals for the Ninth
Circuit found that FMCSA did not complete certain environmental
analyses prior to issuing its rules governing the entry
of the Mexico-domiciled carriers into the United States.
Thus, truck and regular-route bus service in the U.S. interior
cannot begin until the legal issues associated with the
required environmental analyses are resolved.
While
these legal issues are being addressed, FMCSA's development
of training materials continues. We are developing training
modules to provide more detailed information about the more
complex regulatory requirements (e.g., hours of service;
controlled substances testing; and hazardous materials).
These will be offered in Spanish via the Web
site to Mexican carriers as off-the-shelf training packages
and will be distributed to industry associations and educational
institutions in Mexico. We also are pursuing discussions
with Mexican government officials regarding a full-partnership
initiative to educate both Mexican and U.S. motor carriers
about our respective requirements.
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WARNING!!
BE AWARE OF FRAUDULENT
INSURANCE There have been situations where motor carriers
have been purchasing insurance policies from insurance companies
that don't exist. Insurance companies, agents, and brokers
must be licensed.
VERIFY YOUR CURRENT
INSURANCE AND VERIFY INSURANCE BEFORE PURCHASING.
IN
CALIFORNIA:
Telephone: 1-800-927-HELP
(4357)
Website : www.insurance.ca.gov
IN
ARIZONA:
Telephone: 1-800-325-2548
(Insurance questions)
(602) 912-8470 (Agent/Broker licensing)
Website : www.state.az.us/id/
IN
NEW MEXICO:
Insurance Division
State of New Mexico
Telephone: 1-800-947-4722
Website : www.nmprc.state.nm.us
New Mexico Insurance Fraud Bureau
Telephone: 1-877-807-4010
Website : www.stopfraud.org
IN
TEXAS:
Telephone: 1-800-252-3439
Website : www.tdi.state.tx.us
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Brokers
of Household Goods By Motor Carrier
Advance notice of proposed rulemaking (ANPRM); request for
comments on petition for rulemaking; RIN 2126-AA84; FMCSA-2004-17008;
(69 FR 76664). FMCSA seeks comments on whether additional
regulations for property brokers of household goods (HHG)
in interstate or foreign commerce are necessary and, if
so, what these regulations should include.
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FMCSA
Registration - New Feature Added to SAFER
Beginning
January 3, 2005, FMCSA will combine two registration Web
sites (http://safer.fmcsa.dot.gov/OnlineForms.aspx
and http://diy.dot.gov
) in order to provide a more streamlined way for motor carriers,
brokers, freight forwarders, hazardous materials carriers/shippers
and cargo tank facilities to manage their registration process.
Users will be able to file for USDOT number registrations,
operating authority (MC/FF/MX numbers) registrations or
update their registrations at one time, in one place. To
access this new registration Web site go to http://safer.fmcsa.dot.gov
and click on "FMCSA Registration & Updates."
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2005
TRB R&T Forum Announcement
The Federal Motor Carrier Safety Administration (FMCSA)
is sponsoring the 2005 Office of Research and Technology
(R&T) Forum titled "FMCSA R&T: Today and Tomorrow."
The Forum is being held on Sunday, January 9, 2005, in conjunction
with the 84th Annual Meeting of the Transportation Research
Board in Salon III at the Marriott Wardman Park Hotel, 2660
Woodley Road, NW, Washington, DC 20008. The Forum will focus
on research and technology being conducted in support of
FMCSA's safety goal - reducing the large truck fatality
rate by 41% from 1996 to 2008. Presenters will speak about
current FMCSA R&T projects and elaborate on the progress
of research and technology studies included in FMCSA's R&T
5-Year Strategic Plan. Question and answer sessions with
FMCSA subject-area experts will be provided.
Speaker
topics will include the Large Truck and Bus Crash Causation
Studies, Electronic On-Board Recorders, the HazMat Safety
and Security Field Operational Test, Vehicle Infrastructure
Integration, and Fatigue Management Technologies. Keynote
speaker David Osiecki, American Trucking Association's Vice
President for Safety and Operations, will discuss current
trucking industry safety initiatives in partnership with
FMCSA and the role that research and technology is playing
to help create a safer, more efficient and secure trucking
industry. For additional details, contact Albert Alvarez
at 202-385-2387 or email albert.alvarez@fmcsa.dot.gov.
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Comprehensive
Safety Analysis 2010 Initiative Begins with 'Listening'
During listening sessions held in September and October,
FMCSA stakeholders provided suggestions and advice on ways
to improve the way truck and bus safety is measured and
how such measures can be used to help save lives. The six
sessions were held in locations across the U.S. in support
of The Comprehensive Safety Analysis 2010 Initiative (CSA-2010)
launched in August 2004. Attendees included representatives
from motor carriers, insurance and safety advocacy groups,
traffic enforcement professionals and the public at-large.
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Qualification
of Drivers; Exemption Applications; Vision;
Notice of renewal of exemption; request for comments; FMCSA-2000-8203;
69 FR 64810.
This notice publishes the FMCSA decision to renew the exemptions
from the vision requirement in the Federal Motor Carrier
Safety Regulations for 24 individuals.
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Qualification
of Drivers; Exemption Applications; Vision;
Notice of applications for exemption from the vision standard;
request for comments; FMCSA-2004-19477; 69 FR 64806.
This notice publishes the FMCSA's receipt of applications
from 29 individuals for an exemption from the vision requirement
in the Federal Motor Carrier Safety Regulations.
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Financial
and Operating Statistics Reporting
Any motor carrier of property, household goods, or passengers
engaged in interstate, intrastate, and/or foreign operations
and with annual revenues of $3 million dollars or more must
file annual and/or quarterly reports with the BTS, as required
by 49 CFR 1420.
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