Highway Issues on the 2010 Docket

By Jim Galligan
Editor

What truck transportation issues will regulatory agencies work on this year? Here is a list of probable activities.

The Department of Transportation and its agencies are required to include projected schedules for action on major rulemakings. These timelines, however, should be taken with slightly more than a grain of salt because several factors, including staff workload and political priorities, often change and delay the published dates for action. For example, only one of the following — banning texting by drivers — is meeting its originally-proposed schedule for completion.

Here are several of the more notable truck-related regulations scheduled for action in 2010.

Ban on Texting

Transportation Secretary Ray LaHood inserted this at the top of the DOT agenda last fall following several Congressional hearings. At its face, the rulemaking intent is simple; ban text messaging and restrict the use of cell phones while operating a commercial motor vehicle.

While the commercial trucking industry is generally supportive, there are significant issues over exactly what type of onboard communications may be included. Will it ban all communications while the vehicle is in motion? If enacted, it will surely stimulate growth in new onboard communication technologies.

“We just feel that this is something we really need to do,” LaHood said. “It is a big issue, and it’s not just texting while driving in cars. It has to do with all of these activities that take place in trucks and [with] bus drivers and train drivers.

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Several pieces of legislation have been introduced in Congress to encourage states to enact bans on texting in all vehicles, efforts that were endorsed by ATA.

A proposed rule from the Federal Motor Carrier Safety Administration is scheduled to be published in February followed by a 60-day comment period. This is  a top priority and should move forward quickly.

“We feel a great sense of urgency about this,” LaHood said in December.

Anne Ferro, FMCSA administrator, said her agency was “following through post-haste” on the request.

Electronic Onboard Recorders

The Federal Motor Carrier Safety Ad-ministration has a final rule pending that would permit commercial motor vehicle fleets to use electronic onboard recorders to replace manual records for hours-of-service activity. Several fleets are voluntarily testing EOBRs.

FMCSA’s final rule would require that motor carriers add EOBRs to new vehicles only, but this regulation would require all motor carriers with a history of HOS noncompliance to install EOBRs on all of its commercial motor vehicles.

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