December 7, 2009.ppt

MCSAC Presentation December 7, 2009 MCSAC Presentation * Commercial Motor Vehicle Drivers’Hours of Service  Background Information Tom Yager Chief, FMCSA Driver and Carrier Operations Division December 7, 2009 MCSAC Presentation * Background First Hours of Service (HOS) Rules Interstate Commerce Commission, No. MC-2, 1937 Issued first eight HOS rules. Many issues and discussions similar to today. By 1939, revisions started due to various objections. December 7, 2009 MCSAC Presentation * Background From ICC 1937 Deliberations: “For some time we have had under serious consideration the advisability of having a comprehensive, scientific study made of the causes and effects of driver fatigue…. We have concluded that it would be wise to have such a study made.…” December 7, 2009 MCSAC Presentation * Background Little fundamental change in commercial motor vehicle (CMV) hours-of-service (HOS) regulations from 1937 to 2004. 1995 ICC Termination Act required the FHWA/OMC [now FMCSA] to address fatigue-related motor carrier safety issues. Major revisions made in 2003 Final Rule (effective in 2004). December 7, 2009 MCSAC Presentation * Background After a DC Circuit case, the 2005 Final Rule re-established the 2003 revisions (with a change in sleeper-berth provisions). After a DC Circuit case, the 2007 IFR and 2008 Final Rule made no changes in regulatory language. Therefore, most current provisions (except sleeper-berth) have been in operation for nearly 6 years. December 7, 2009 MCSAC Presentation * Background Court Settlement (October 26, 2009) Public Citizen, et al. v. FMCSA, et al. (D.C. Cir. No. 09-1094). Publish Notice of Proposed Rulemaking (NPRM) as part of a new driver HOS rulemaking proceeding. Submit the NPRM to [OMB] for review within nine months of the date of this Agreement. Publish a Final Rule based on the Rulemaking within 21 months of the date of this Agreement. DOT will consider all comments regarding, and proposed changes to, the exist