Distracted Drivers

Today, the Federal Motor Carrier Safety Administration announced that it is enacting regulations which prohibit commercial truck and bus drivers from texting or using any handheld device, such as a mobile phone, while driving. The regulations are aimed at decreasing accidents caused by distracted drivers. The regulations apply to interstate truck drivers and commercial bus or van drivers who carry more than eight passengers. Violation of this regulation can result in a fine of up to $2,750.

You can read the FMCSA's press release at http://fastlane.dot.gov/2010/01/commercial-truck-and-bus-drivers-prohibited-from-texting-while-driving.html#more.

Hours of Service

The Federal Motor Carrier Safety Administration is currently holding listening sessions to solicit comments and information on potential hours-of-service regulations. The listening sessions are intended to provide the FMCSA with additional information that it should consider as it prepares to issue a notice of proposed rulemaking. The sessions are open to all interested persons. A session will take place on January 22, 2010 at the Dallas Forth Worth Airport in Dallas, Texas and on January 25, 2010 at the LAX Doubletree Hotel in Los Angeles, California. Both sessions begin at 9 a.m. and end at 5 p.m.

Comments can also be submitted via the internet at http://www.regulations.gov. The docket ID is FMCSA-2004-19608.

Frigid Temps Lead Gov. Perdue to Halt HOS limits for some drivers

http://projects.newsobserver.com/under_the_dome/perdue_declares_emergency_over_cold

Drug and Alcohol Testing

Employers subject to the FMCSA must perform random drug tests on 50% of the average number of driver positions subject to the regulations. These same employers must also perform random alcohol tests on at least 10% of the average number of driver positions subject to the regulations. Different regulatory schemes have different testing requirements. The U.S. Department of Transportation has issued an updated list of the requirements under various regulatory schemes (http://www.dot.gov/ost/dapc/rates.html?prog).

These tests cannot be announced beforehand. They must be conducted just before, during or immediately after a driver performs safety-sensitive duties. The driver must be randomly selected for testing. For more specific information about the requirements for such tests, a good place to start is the Federal Motor Carrier Safety Administration’s website (http://www.fmcsa.dot.gov/rules-regulations/topics/drug/engtesting.htm).