Industry News

FMCSA announces implementation of the regulatory requirement that all medical examiners certified and listed on the Agency's National Registry of Certified Medical Examiners (National Registry) maintain their certification by completing refresher training 4 to 5 and 9 to 10 years after certification and passing a recertification test 10 years after certification. The 5-year refresher training has been implemented and FMCSA is now proceeding with the 10-year training and testing. The required 10-year refresher training will be delivered by private sector training organizations in the same manner as the initial National Registry medical examiner training. The 10-year recertification test will be provided by the two FMCSA-approved testing organizations in the same manner as the initial National Registry medical examiner certification test. Medical examiners will be able to upload proof of completion of the 10-year training to their National Registry accounts and be eligible to take the 10-year recertification test starting January 1, 2023.

COVID-19 has been a challenge for all of us. As the world shut down the economy came to a halt, leaving the future of many businesses in a precarious position. As we begin to find normalcy again, businesses now have to focus on recovering and fortunately, several government programs are easing this process.

One such program is the Employee Retention Credit or ERC, which is a generous stimulus program designed to bolster those businesses that we're able to retain their employees during this challenging time. Due to the extremely complex tax code and qualifications, it is severely underutilized. Details of the program include:

• Up to $26,000 per employee
• Available for 2020 & Q1-Q3 2021
• Qualify with decreased revenue or Covid event
• No limit on funding (ERC is not a loan)
• ERC is a refundable tax credit

OTA has partnered with ERC Specialists to help you navigate this program. CLICK HERE to learn more and to find out if you qualify.

On January 21, 2022, the Federal Motor Carrier Safety Administration (FMCSA) published the Qualifications of Drivers; Vision Standard final rule, allowing individuals who do not satisfy, with the worse eye, either the existing distant visual acuity standard with corrective lenses or the field of vision standard, or both, to be physically qualified to operate a commercial motor vehicle without obtaining an exemption from FMCSA (87 FR 3390).  The new alternative vision standard eliminates the need for a Federal vision exemption program and allows certified medical examiners, in consultation with an ophthalmologist or optometrist and utilizing the new Vision Evaluation Report, Form MCSA-5871, to evaluate and determine whether to grant a Medical Examiner’s Certificate (MEC), Form MCSA-5876, for up to one year.

Final Rule Effective Date:

On March 22, 2022, the rule becomes effective, and medical examiners must begin to apply the provisions adopted in the final rule.  All provisions are discussed further in the final rule located on FMCSA’s website at https://www.fmcsa.dot.gov/regulations/federal-register-documents/2022-01021  The Vision Evaluation Report, Form MCSA-5871, is also effective on this date and will be available on FMCSA’s website at https://www.fmcsa.dot.gov/medical/driver-medical-requirements/medical-applications-and-forms

Medical Examination Forms:

Based on the adoption of the final rule, FMCSA has determined that the Federal vision exemption program is no longer necessary.  As of March 22, 2022, medical examiners should not mark the box for accompanied by a Federal vision waiver/exemption on the Medical Examination Report (MER) Form, MCSA-5875, or the Medical Examiner’s Certificate (MEC), Form MCSA-5876.  On and after March 22, 2022, any individual who might have been physically qualified by a vision exemption issued by FMCSA will have to be qualified by a medical examiner under the provisions adopted in the final rule.  All individuals certified under the new alternative vision standard must provide the medical examiner with a Vision Evaluation Report, Form MCSA-5871, that has been signed and dated by an ophthalmologist or optometrist not more than 45 days before the physical qualification examination begins.  The medical examiner considers the information provided by the ophthalmologist or optometrist, but the final qualification decision rests with the medical examiner.  Medical examiners may qualify these individuals for up to one year and a copy of the Vision Evaluation Report, Form MCSA-5871, must be treated and retained as part of the MER Form for three years.

Federal Vision Exemptions:

As of January 21, 2022, FMCSA stopped accepting applications for new exemptions or renewal of previously granted exemptions under the Federal vision exemption program.  Individuals holding exemptions in effect on March 22, 2022, have until March 22, 2023 to be medically certified under the alternative vision standard, at which time all MECs issued with vision exemptions will become void.  FMCSA will notify exemption holders, applicants, and grandfathered drivers by letter with details of the transition to the new standard.

Grandfathered Drivers:

The final rule eliminates 49 CFR 391.64(b), commonly known as the grandfather provision for drivers operating under the previous vision waiver study program, on March 22, 2023.  Medical examiners may continue to physically qualify individuals under section 391.64(b) until this time.  However, individuals physically qualified under section 391.64(b) have until March 22, 2023 to be medically certified under the alternative standard, at which time all MECs issued under 391.64(b) will become void.

Webinars:

FMCSA has posted a webinar on the FMCSA website for medical examiners learn more about the new alternative vision standard and their responsibilities in applying it to certification of individual with monocular vision.  The webinar can be found at https://www.fmcsa.dot.gov/regulations/medical/new-vision-standard-overview-webinar.

The FMCSA has extended the Regional Emergency Declaration regarding the delivery of Heating Oil, Propane, and Natural Gas, due to the current and recent winter storms, through Tuesday, March 8^th, 2022.

The declaration covers 41 states, along with the District of Columbia. This includes Ohio and all neighboring states. The declaration specifically provides relief for motor carriers and drivers providing direct assistance supporting emergency relief efforts transporting heating fuel, including propane, natural gas, and heating oil, into the Affected States. This granting of relief from the maximum driving time provisions of 49CFR Section 395.3, does not apply to motor carriers or drivers currently subject to an out-of-service order, until they have met the applicable conditions for the order to be rescinded in writing by the issuing jurisdiction.

The declaration also says that the provisions for relief apply to commercial motor vehicle operations while providing direct assistance supporting emergency relief efforts. Direct assistance terminates when the delivery of the listed items is completed, except that a driver may return empty to the motor carrier’s terminal or the driver’s normal work reporting location without complying with 49 CFR § 395.3, except as noted herein.  When a driver is moving from emergency relief efforts to normal operations, a 10-hour break is required when the total time a driver is engaged in emergency relief efforts, or in a combination of emergency relief and normal operations, equals 14 hours.

The entire document can be viewed from this link: https://www.fmcsa.dot.gov/emergency/extension-fmcsa-regional-emergency-declaration-heating-fuels-and-propane

CLICK HERE to ready the full declaration issued on January 18, 2022.

The following resources have been provided by FMCSA to assist members with the new Entry Level Driver Trainer Program that begins February 7, 2022. If you have any questions, please contact Ohio Division Administrator Stephen McCormick at stephen.mccormick@dot.gov or 614-280-6870.

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Federal Requirements for Entry Level Driver Training Providers

Beginning February 7, 2022, any company, organization, or individual that offers training for certain commercial driver’s licenses (CDLs) or certain endorsements, including the [passenger / school bus / hazardous materials] endorsement, must meet the new Federal requirements established by the Entry-Level Driver Training (ELDT) regulations. This includes registering in the Training Provider Registry.

Resources for Training Providers

When registering, training providers will need to certify that they meet applicable Federal and State requirements. FMCSA has developed a number of resources to help training providers learn what the ELDT regulations require of them, and how to register.

• Training Provider Registry Factsheet (PDF) and Training Provider TPR Factsheet (PDF)
• Countdown to ELDT Checklist (PDF)
• ELDT Curricula Summary (PDF)
• Training Provider’s Guide to ELDT (eLearning)
• Training Provider Registry Registration Tutorial
• Training Provider Q&A (eLearning)

The FMCSA’s Entry Level Driver Training Mandate is still on schedule to go into effect on Monday, February 7, 2022. These new regulations set the baseline for training requirements for entry-level drivers. This includes anyone applying to:

• Obtain a Class A or Class B CDL for the first time;
• Upgrade an existing Class B CDL to a Class A CDL; or
• Obtain a school bus (S), passenger (P), or hazardous materials (H) endorsement for the first time.

The ELDT regulations are not retroactive; individuals who were issued a CDL or an S, P, or H endorsement prior to February 7, 2022, are not required to complete training for the respective CDL or endorsement.

If an applicant who obtains a CLP prior to February 7, 2022, obtains a CDL before the CLP or renewed CLP expires, the applicant is not subject to the ELDT requirements.

Any individual who meets one of the exceptions for taking a skills test in 49 CFR Part 383 is also exempt from the ELDT requirements.

The other component to the mandate is the establishment of the Training Provider Registry. Once operational, the Registry will retain a record of which CDL applicants have completed the new training and certification process outlined in the Entry-Level Driver Training (ELDT) regulations.

For more information about the ELDT regulations and the Training Provider registry, visit https://tpr.fmcsa.dot.gov.

On October 21, 2021, Chris Spear, President & CEO at the American Trucking Associations, issued the following letter regarding the COVID-19 vaccine mandate and provided a toolkit to help address frequently asked questions:

1. Exempt truck drivers from the ETS, in the same manner that Canada has in its national vaccine mandate;
2. Ensure fleets that hold federal contracts are not subject to overlapping, contradictory requirements; and
3. Allow for a reasonable implementation deadline of at least 90 days.

This week, the Federal Motor Carrier Safety Administration (FMCSA) once again extended the option on several of the COVID-related waivers dealing with licenses and medical certificates, along with Hours-of-Service waivers for drivers delivering essential products.

As was the case with the previous extension at the end of June, this emergency declaration is subject to state participation. The FMCSA is allowing, but not requiring, states to extend the validity of CDLs that expired on or after March 1, 2020, beyond the allowable eight-year maximum period. Under the waiver, states have the discretion to determine whether, due to COVID-19, there is a continued need to extend the validity of CDLs that expired on or after March 1, 2020. States can now extend CDL validity through Nov. 30. The waiver also applies to commercial learner’s permits that were due for renewal on or after March 1, 2020. The state of Ohio has decided not to participate in this extension, leaving the state mandate signed by Governor DeWine last December, HB 404, which set a date of June 30, 2021, to have licenses and permits that expired between March 9, 2020, and April 1, 2021, renewed. Licenses and permits set to expire after April 1, 2021, have no waiver period, and should be renewed immediately.

The Hours-of-Service waiver has a new reporting requirement, however. Carriers will be required to report their use of the exemption within 5 days after the end of each month. The reporting must include the carrier's "reliance on the Declaration," FMCSA said. Carriers will need to access their FMCSA portal site. Once logged in, carriers should access “Emergency Declaration Reporting” under the “Available FMCSA Systems” section.

Medical certificates issued on or after March 1, 2021, including those with required medical variances, issued for a minimum of 90 days, will continue to be accepted until Nov 30, 2021. The waiver also affects the requirement of CDL and CLP holders to provide a state License Agency an original or copy of the medical examiner’s certificate, provided the CDL/CLP holder has proof of a valid medical certification or variance that expired on or after March 1, 2021.

The FMCSA noted that while some drivers continue to have difficulty in obtaining a medical certification or variance and providing it to the State Driver’s License Agency (SDLA), the Agency must also ensure safety by limiting how long a driver may operate a CMV with an expired medical certificate or variance. To that end, FMCSA is not waiving the medical certification requirements for drivers whose medical certification or variance expired before March 1, 2021, and they should obtain a new medical certificate or variance as soon as practicable. Drivers whose medical certification or variance expired on or after March 1, 2021, are covered under this waiver until Nov 30, 2021, unless terminated sooner.

The agency said it decided to extend the declaration because “the presidentially declared emergency remains in place and because, although the number of COVID-19 cases began to decline in the U.S. following widespread introduction of vaccinations, the delta variant and lagging vaccination rates reversed that downward trajectory and have resulted in a rapid rise in infections and hospitalizations around the country.”

With the Senate version of an Infrastructure Bill passed, all eyes have turned to the House of Representatives to see how they will handle the bill, as it becomes more closely aligned with the general spending bill that needs to be passed by the end of September to avoid potential spending stoppages.

House Democratic leaders hoped that locking in the infrastructure bill deadline would intensify pressure to advance the spending plan at the same time. Instead, the move has enhanced the long-standing tug-of-war between the party’s moderates and progressives about just how big and bold to go while Democrats control all levers of power in Washington. Progressives are vowing not to support the Senate-passed infrastructure bill later this month if the social spending plan is not teed up for a vote at the same time. Moderates, meanwhile, insist they won’t support the up-to-$3.5 trillion bill unless leadership holds firm to its Sept. 27 commitment.

House Transportation leadership, led by Peter DeFazio (D-OR), had earlier referred to the Senate bill as “complete crap.” DeFazio plans on pushing for a conference committee to convene as soon as possible to allow the House and Senate bills to become aligned before they are voted on again. The question that appears increasingly likely is, will there be enough time to get an agreement between both houses, if a House bill doesn’t pass until Sept. 27?

Among the key trucking provisions included in the Senate Bill are:

1. A measure to require an independent study of truck and bus crash causation.
2. Requiring all new commercial vehicles to be equipped with an automatic emergency braking system.
3. Improvement in the design of rear underride guards on trailers, along with additional studies into side underride guards.
4. Require a cost-analysis and effectiveness report from the DOT on electronic logging devices (ELD’s), including a report on how the FMCSA safeguards Personally Identifiable Information (PII) obtained from ELD’s, along with a detailed process for carriers to dispute ELD violations.
5. Establish two new advisory boards: one dedicated to encouraging Women to enter the trucking industry, and a task force to review lease-purchase agreements, as well as other truck leasing agreements.
6. Require increased inclusion of small business motor carriers on the Motor Carrier Safety Advisory Committee.
7. Establish a CDL Pilot Program for under-21 CDL holders.

Republicans argue that the sense of urgency Democratic leaders are fostering will help them pressure wary moderates into acquiescing to the social spending bill, as Republicans promise united opposition.

As the Senate debate on the $1 trillion Infrastructure Bill gains steam, it would be prudent to note the provisions contained in the bill that are related specifically to the trucking industry, along with items not included. The expectation is for a vote on the Bill to take place before the Senate recesses for summer vacation on August 9^th, although that date could be extended if the debate is ongoing, or negotiations for a compromise are progressing.

One item that is missing from the bill, officially titled the Infrastructure Investment and Jobs Act, is a provision to increase carriers’ liability insurance minimum from $750K to $2 million, a provision included in the House’s infrastructure bill which has already passed a floor vote in early July. The House bill, known as the Invest in America Act, also featured funding explicitly earmarked for expanding truck parking capacity nationwide. This item was also left off the Senate bill.

Among the provisions that are included in the Senate Bill are:

1. A measure to require an independent study of truck and bus crash causation.
2. Requiring all new commercial vehicles to be equipped with an automatic emergency braking system.
3. Improvement in the design of rear underride guards on trailers, along with additional studies into side underride guards.
4. Require a cost-analysis and effectiveness report from the DOT on electronic logging devices (ELD’s), including a report on how the FMCSA safeguards Personally Identifiable Information (PII) obtained from ELD’s, along with a detailed process for carriers to dispute ELD violations.
5. Establish two new advisory boards: one dedicated to encouraging Women to enter the trucking industry, and a task force to review lease-purchase agreements, as well as other truck leasing agreements.
6. Require increased inclusion of small business motor carriers on the Motor Carrier Safety Advisory Committee.
7. Establish a CDL Pilot Program for under-21 CDL holders.

The bill faces strong pushback from the House Transportation leadership, led by Peter DeFazio (D-OR), who referred to the bill as “complete crap.” DeFazio plans on pushing for a conference committee to convene as soon as possible to allow the House and Senate bills to become aligned before they are voted on again. The race is on to complete the bill and move it to the White House for President Biden’s signature before the current infrastructure spending law expires at the end of September.

On Wednesday, May 26, the Federal Motor Carrier Safety Administration (FMCSA) announced it will extend the modified Emergency Declaration waiver for drivers to renew their expired CDL’s, CLP’s, and medical certificates until August 31, 2021. The initial declaration was issued March 13, 2020 and has been renewed several times since, as the COVID-19 pandemic forced many state licensing facilities to close, or to operate at a greatly reduced capacity, due to stay-at-home and social distancing requirements. The current waiver was slated to expire on May 31. FMCSA intends to review the status of this waiver by July 1 and may take action to terminate the waiver sooner if conditions warrant.

A key point in the wording of the extension is that states are permitted, but NOT required, to extend the validity of expired CDL’s and CLP’s. The state of Ohio has decided not to participate in this extension, leaving the state mandate signed by Governor DeWine last December, HB 404, which set a date of June 30, 2021, to have licenses and permits that expired between March 9, 2020, and April 1, 2021, renewed. Licenses and permits set to expire after April 1, 2021, have no waiver period, and should be renewed immediately.

In posting the waiver, FMCSA cited that the extension was needed due to the potential backlogs that exist at various State Driver’s License Agencies (SDLA) and Motor Vehicle Bureaus across the country. In addition, the Agency noted the pace of return to normal operations across the country varies greatly from state-to-state, despite the continued increase in the number of people receiving COVID-19 vaccines.

Medical certificates issued on or after March 1, 2021, including those with required medical variances, issued for a minimum of 90 days, will continue to be accepted until August 31, 2021. The waiver also affects the requirement of CDL and CLP holders to provide a state License Agency an original or copy of the medical examiner’s certificate, provided the CDL/CLP holder has proof of a valid medical certification or variance that expired on or after March 1, 2021.

The FMCSA noted that while some drivers continue to have difficulty in obtaining a medical certification or variance and providing it to the SDLA, the Agency must also ensure safety by limiting how long a driver may operate a CMV with an expired medical certificate or variance. To that end, FMCSA is not waiving the medical certification requirements for drivers whose medical certification or variance expired before March 1, 2021, and they should obtain a new medical certificate or variance as soon as practicable. The Agency also encourages SDLAs and medical examiners to prioritize drivers in this category. Drivers whose medical certification or variance expired on or after March 1, 2021, are covered under this waiver until August 31, 2021, unless terminated sooner.

Since the first of the year, a large number of carriers have suddenly found themselves without a process agent capable of handling the carrier’s mandatory representative requirement with the Federal Motor Carrier Safety Administration (FMCSA). A process agent is a representative upon whom court papers may be served in any proceeding brought against a motor carrier, broker, or freight forwarder. Every motor carrier, or forwarder registered with the FMCSA must file a BOC-3 permit that lists the name and address of an agent for each state the carrier operates.

This issue is mainly due to the dissolution of the American Moving and Storage Association (AMSA). Most of the responsibilities of AMSA have transferred to the American Trucking Associations’ new Moving and Storage Conference (MSC). It is here that carriers can turn to in order to get a new process agent arranged, in order to remain compliant.

The ATA has a link to guide carriers through the process. Click here to get more information, or to start the sign up process.

Carriers that wish to locate a different process agent, can refer to this link from the FMCSA website to view the entire list of designated process agents: https://www.fmcsa.dot.gov/registration/process-agents

On April 22, 2021, the Ohio Supreme Court overturned part of a lower court decision, which will allow for-hire motor carriers who transport waste to designated landfills/disposal sites to qualify for an exemption from the sales and use tax otherwise imposed by the State of Ohio on their truck purchases.

Before the Supreme Court ruled on N.A.T. Transportation, Inc. v. McClain, Slip Opinion No. 2021-Ohio-1374, the Department of Taxation imposed the sales tax on all truck purchases by waste haulers, regardless of the nature of the material it hauled, the ownership of the waste, and to where the waste was taken .

Due to the recent cyberattack and subsequent shutdown of the Colonial Pipeline, which supplies fuel to most of the southern and eastern states, concerns are rising that the fuel disruption could cause gas stations to run out of fuel. With the current shortage of qualified hazardous material tanker truck drivers, the problem is magnified.

To that end, the Federal Motor Carrier Safety Administration (FMCSA) is taking steps to create more flexibility for motor carriers and drivers. FMCSA has issued a temporary hours of service exemption that applies to those transporting gasoline, diesel, jet fuel and other refined petroleum products to Alabama, Arkansas, District of Columbia, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas, and Virginia.

While Ohio is NOT on this list, drivers running for Ohio-based carriers that are delivering these fuel items to the states that are listed, are eligible for the temporary exemptions. The temporary measure was put into effect for 30 days, until Monday, June 8, 2021. FMCSA has reserved the right to rescind the exemptions sooner if the situation improves prior to June 8. A subsequent notice will be published if this situation occurs.

The Commercial Vehicle Safety Alliance (CVSA) International Roadcheck will take place next week, May 4-6. Over that 72-hour period, inspectors in jurisdictions throughout Canada, Mexico and the U.S. will conduct inspections on commercial motor vehicles and drivers. The primary focus for the increased Level 1 inspections will be on vehicle lighting, as well as driver Hours of Service (HOS).

Vehicles that successfully pass inspection, without any critical vehicle or driver violations found, should receive a CVSA decal. On the other hand, if critical violations that meet the CVSA out-of-service (OOS) criteria are found, the vehicle will be placed out of service, and that vehicle cannot be operated until the identified out-of-service conditions have been corrected.

In addition to lighting, inspectors will ensure the vehicle’s brake systems, cargo securement, coupling devices, driveline/driveshaft components, driver’s seat, exhaust systems, frames, fuel systems, steering mechanisms, suspension, tires, trailer bodies, wheels, rims, hubs and windshield wipers are compliant with regulations.

For driver compliance, inspectors will look at the driver’s operating credentials, electronic logging device (ELD), seat belt usage, as well as for alcohol and/or drug impairment. HOS violations accounted for over one-third of all driver OOS violations during last year’s Roadcheck, which was delayed to the second week of September, due to the COVID-19 pandemic. As was the case last year, law enforcement personnel will conduct inspections following their departments’ health and safety protocols during next week’s Roadcheck as well.

On April 2, 2021, the Ohio Trucking Association named Nicholas Delzeith of Clopay Transportation Company the 2020 Driver of the Year at the annual Driver of the Year Banquet, presented by Great West Casualty Company.

Each year, Ohio Trucking Association members are encouraged to nominate their safest drivers in hopes of walking away with the coveted Driver of the Year Super-Bowl style ring, allowing them to join the ranks of past Drivers of the Year. Each of the twelve finalists, as well as their company, is awarded a plaque in recognition of their outstanding career. These 12 finalists were chosen from a field of excellent nominees that were judged by individuals representing the Ohio State Highway Patrol, the Public Utilities Commission of Ohio, and the Ohio Bureau of Workers’ Compensation.

Delzeith has been a professional driver for 38 years and has driven over 3.8 million safe miles. He has been a recipient of the Clopay Safe Driving Award for over 20 years, won the Wayne McGreevey Driver of the Year Award in 2014 and is a 6-time OTA Driver of the Year Finalist. Nick also serves on the Clopay Transportation Continuous Improvement Committee and is a Driver Trainer.

Other award finalists included:

• Steven Brand, FedEx Freight
• Kenneth Campbell, Crossett Inc.
• Daniel Clark, Classic Carriers, Inc.
• Robert Dew, Walmart Transportation
• Richard Heffner, Jr., K-Limited Carrier, Ltd.
• David Horton, Pitt Ohio Express
• Jason Imhoff, Walmart Transportation
• Keith Lester, Five Star Trucking, Inc.
• Jeffrey Perine, Continental Express, Inc.
• William Reynolds, Ports Petroleum Co., Inc.
• David Wolford, Continental Express, Inc.

The Ohio Trucking Association is a professional trade association with over 800 members. Founded in 1918, the association promotes safety, innovation, and professionalism in the trucking industry.

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On Tuesday, February 16, the Federal Motor Carrier Safety Administration (FMCSA) announced it will extend the waiver for drivers to renew their expired CDL’s, CLP’s, and medical certificates until May 31, 2021. The initial declaration was issued March 13, 2020 and has been renewed several times since, as the COVID-19 pandemic forced many state licensing facilities to close, or to operate at a greatly reduced capacity, due to stay-at-home and social distancing requirements. The current waiver was slated to expire on February 28.

A key adjustment in the wording of the latest extension is that states are permitted, but NOT required, to extend the validity of expired CDL’s, CLP’s, and medical certificates beyond the current waiver expiration date of February 28.

In posting the waiver, FMCSA cited that the extension was needed due to the potential backlogs that exist at various State Driver’s License Agencies (SDLA) and Motor Vehicle Bureaus across the country. In addition, the Agency noted the pace of return to normal operations across the country varies greatly from state-to-state, despite the arrival and distribution of the first COVID-19 vaccines.

The waiver applies to all Commercial Driver’s Licenses (CDL’s) and Commercial Learner’s Permits (CLP’s) issued on or after March 1, 2020. The CLP waiver means that drivers will not have to retake the general and endorsement knowledge tests again, when they present their CLP for renewal. The order also waives the requirement that CLP holders must wait 14 days to take the CDL skills test.

Medical certificates issued on after December 1, 2020, including those with required medical variances, issued for a minimum of 90 days, will continue to be accepted until May 31, 2021. The waiver also affects the requirement of CDL and CLP holders to provide a state License Agency an original or copy of the medical examiner’s certificate, provided the CDL/CLP holder has proof of a valid medical certification or variance that expired on or after December 1, 2020.

In Ohio, Governor Mike DeWine had previously signed House Bill 404, which included a provision to extend the expiration dates of driver licenses and vehicle registrations. If the license or registration is due to expire anytime between March 9, 2020, and April 1, 2021, the license or registration will remain valid until June 30, 2021.

The Federal Motor Carrier Safety Administration (FMCSA) has issued an emergency declaration for commercial motor vehicle (CMV) carriers and drivers hauling winter storm relief supplies.

Ohio is among 33 states and the District of Columbia (DC) included in jurisdictions authorized under the emergency declaration. This provides regulatory relief for carriers that provide direct assistance supporting emergency relief efforts in the listed states. Carriers transporting supplies; goods; equipment; heating fuels including propane, natural gas, and heating oil; and other fuel products including gasoline are included.

Besides Ohio and DC, the other states included in the emergency declaration are: Arkansas, Connecticut, Delaware, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Virginia, West Virginia, Wisconsin, and Wyoming. The declaration is in effect until Thursday, March 4, unless lifted earlier at the Agency’s discretion.

The Federal Motor Carrier Safety Administration (FMCSA) is requesting comments from stakeholders to proposed revisions of its regulatory guidance related to how truck drivers record yard moves as part of their hours of service (HOS).

The notice was published in the Federal Register on Jan. 4. The full text of the proposal can be found here: https://www.scribd.com/document/489759140/Proposed-Regulatory-Guidance-Concerning-the-Use-of-a-CMV-for-Yard-Moves#from_embed

FMCSA proposes to clarify when a driver may record time completing yard moves as “on-duty, not driving” time by offering examples of properties that qualify as yards. Vehicle moves within these properties would be considered yard moves, and would be recorded as “on-duty, not driving” time on either an ELD or paper log, for those drivers required to record HOS.

“This guidance, if finalized, lacks the force and effect of law and is not meant to bind the public in any way,” the proposal continues. “This guidance document is intended only to provide clarity to the public regarding the agency’s interpretation of its existing regulations.”

The Agency goes on to suggest that acceptable examples of properties that would qualify as yards under the guidance include:

1. An intermodal yard or port facility;
2. A motor carrier’s place of business;
3. A shipper’s privately-owned parking lot;
4. A public road, but only for brief periods for access to adjacent private property within the same facility, provided public access is restricted or limited during the movement of the Commercial Motor Vehicle (CMV). The restrictions should be done through the use of traffic control devices, such as lights, signs, gates, or flaggers.

The Agency then indicated examples of properties that would not qualify as a yard, including public rest areas and public roads where there are no traffic control measures in place.

Public comments on the proposed guidance will be accepted until February 3. The agency is asking for specific comments to answer the following questions:

1. Would defining “yard moves” in the agency’s regulations provide necessary clarification and therefore benefit carriers and drivers?
2. Are there other properties or situations where drivers may be in a yard move status that should be included as examples in this guidance?
3. Would adding examples of yard moves be beneficial for this guidance? If so, please provide examples for consideration.
4. How should “yard” be defined for the purposes of this guidance?

The quickest way to submit comments to the FMCSA is through the Federal eRulemaking Portal, online at www.regulations.gov. Follow the instructions for submitting comments. Include the Proposal’s Docket Number ID FMCSA-2020-0118 on all submissions.

Due to the volume and staffing issues created by the COVID-19 pandemic, heavy truck owners who filed a paper Form 2290 to report and pay the highway use tax for the taxable period July 1, 2020, through June 30, 2021, have been noticing significant delays in receiving their IRS-stamped Form 2290 Schedule 1 receipt. This receipt is required documentation to renew a truck registration at the state Bureau of Motor Vehicles (BMV).

With the end of the year fast approaching, the IRS has provided guidance on how to get a registration renewed for vehicles in which the 2290 tax has been paid, but the stamped 2290 document has not yet been returned to the truck owner as proof of payment.

According to the IRS guidance, a state must accept as proof of payment a photocopy of the Form 2290 (with the Schedule 1 attached) that was filed with the IRS for the vehicle being registered, along with sufficient documentation that the taxpayer paid the tax due at the time the Form 2290 was filed.  This documentation may consist of:

(i) if a taxpayer has paid by paper check, a photocopy of both sides of a cancelled check;

(ii) if a taxpayer has paid using the Electronic Federal Tax Payment System, a copy of the acknowledgment of payment; or

(iii) if the taxpayer has paid using an Electronic Funds Withdrawal, a copy of the taxpayer’s monthly bank statement indicating “IRS USA Tax Payment,” “IRS USA Tax Pymt,” or similar language.

It is strongly recommended to confirm with the IRS that payment has been received through one of these methods, before going to the BMV to complete the registration of the heavy truck.

On Thursday, December 17, the Federal Motor Carrier Safety Administration (FMCSA) announced it will extend the waiver for drivers to renew their expired CDL’s, CLP’s, and medical certificates until February 28, 2021. The initial declaration was issued March 24, and has been renewed several times since, as the COVID-19 pandemic forced many state licensing facilities to close. The current waiver was slated to expire on December 31.

In posting the waiver, FMCSA cited that the extension was needed due to the potential backlogs that exist at various State Driver’s License Agencies (SDLA) and Motor Vehicle Bureaus across the country. In addition, the Agency noted a resurgence of stay-at-home orders and other emergency measures that may cause further economic and logistical disruptions, despite the arrival and initial distribution of the first COVID-19 vaccines.

The waiver applies to all Commercial Driver’s Licenses (CDL’s) and Commercial Learner’s Permits (CLP’s) issued on or after March 1, 2020. The CLP waiver means that drivers will not have to retake the general and endorsement knowledge tests again, when they present their CLP for renewal. The order also waives the requirement that CLP holders must wait 14 days to take the CDL skills test.

Medical certificates issued on after September 1, 2020, including those with required medical variances, issued for a minimum of 90 days, will continue to be accepted until February 28, 2021. The waiver also affects the requirement of CDL and CLP holders to provide a state License Agency an original or copy of the medical examiner’s certificate, provided the CDL/CLP holder has proof of a valid medical certification or variance that expired on or after September 1, 2020.

In Ohio, Governor Mike DeWine had previously signed House Bill 404, which included a provision to extend the expiration dates of driver licenses and vehicle registrations. If the license or registration is due to expire anytime between March 9, 2020, and April 1, 2021, the license or registration will remain valid until July 1, 2021.

The Federal Motor Carrier Safety Administration’s new Hours of Service (HOS) rules go into effect at one midnight past midnight, Eastern Time, Tuesday, September 29. The new rules include the expansion of split-sleeper berth options afforded to drivers, which will allow them to split their 10-hour off-duty period into windows of seven hours and three hours, in addition to the existing eight-hour, two-hour option. The shorter window in any split of off-duty time will not count against a drivers’ 14-hour on-duty clock.

Provisions around the 30-minute break requirement have been changed, allowing drivers the additional option of logging their break as on-duty, not-driving, as well as off-duty or sleeper berth.  The requirement covering when to take the break has also been adjusted, to allow the driver to take it within their first eight hours of drive time, rather than their first eight hours on-duty.

Another rule change will expand the adverse driving conditions provision by allowing drivers to extend both their drive-time limit and their on-duty window by two hours if they encounter adverse conditions such as weather or traffic congestion. The agency says the provision will allow drivers to either sit and wait out the conditions or to drive slowly through them.

Short-haul carriers will get benefits from the final rule change, which expands the exemptions for short-haul drivers by extending their allowed on-duty period from 12 hours to 14 hours. Drivers under the short-haul exemption aren’t required to keep records of duty status, and do not need to take the mandatory 30-minute break after eight hours of driving. Finally, the radius for short haul exemption status has been increased from 100 to 150 air miles.

We are working to provide a safe and clean environment for you to return to The OTA Training Center. We are doing this with Bio Shield by Matrix. On Tuesday, June 2, we sanitized the OTA HQ with BioShield.

BioShield is safe for office, truck and trailer use. It is not only affordable, but a longer term solution than chemical cleaners and can protect your employees and guests as well. Purchase BioShield for your company by using this exclusive OTA member link: https://matrixantimicrobial.com/?p=r1CCWE42L

Written by Ohio Trucking Association Staff

The Federal Motor Carrier Safety Administration (FMCSA) has announced the publication of its long-awaited Hours of Service (HOS) reforms. These revisions will be posted in the Federal Register in the next few days.  

The rule expands split-sleeper berth options afforded to drivers to allow them to split their 10-hour off-duty period into windows of seven hours and three hours, in addition to the existing eight-hour, two-hour option. Unlike current regulations, the shorter window in any split of off-duty time will not count against a drivers’ 14-hour on-duty clock. 

Although a more far-reaching provision had been proposed, allowing drivers to pause and extend their 14-hour clock by taking three hours off duty, this was not included in the final rule.  

Provisions around the 30-minute break requirement have been changed, allowing drivers to log the break as on-duty, not-driving status, and requiring the break within their first eight hours of drive time, rather than their first eight hours on-duty. 

The new rule will also expand the adverse driving conditions provision by allowing drivers to extend both their drive-time limit and their on-duty window by two hours if they encounter adverse conditions such as weather or traffic congestion. The agency says the provision will allow drivers to either sit and wait out the conditions or to drive slowly through them. 

In a key victory for short-haul carriers, the reforms expand the exemptions for short-haul drivers by extending their allowed on-duty period from 12 hours to 14 hours. It also expands the short-haul radius from 100 air miles to 150 air miles. Drivers under the short-haul exemption aren’t required to keep records of duty status. 

Once the final rule is published in the Federal Register, the new provisions will take effect 120 days later. This means the current regulations remain in effect until mid-September. 

The BWC Division of Safety & Hygiene has created a monthly safety update providing information about the safety and industrial hygiene industry. The library contains articles and research publications from newsletters, journals, and state and federal government agencies. CLICK HERE to access the library.

Written by Ohio Trucking Association Staff

On September 17, 2019, the Ohio Trucking Association named its 2019 Fleet Safety Awards winners. These organizations have upheld OTA’s mission to enhance the industry’s image through their commitment to safety while their drivers transport goods on our highways every day. Awards are made on the basis of accident frequency ratios, which include data from the mileage and accidents reported to the Ohio Department of Transportation within a calendar year.

This year, the Small Division President’s Award was given to GetGo Transportation. GetGo Transportation, founded in 2001, and domiciled in Millbury, Ohio, provides premium regional truckload services and communication to clients in Ohio, Michigan, the larger Midwest, and the southeastern and eastern coastlines. Anthony Tomase, the owner of GetGo Transportation, has been a board member of the Ohio Trucking Association since 2017 and currently serves as the Secretary of the Board. Tony is also a member of the Ohio Trucking Association’s Team 88.

The Large Division President’s Award was given to Pitt Ohio. Pitt Ohio uses its less-than-truckload (LTL) service in the mid-Atlantic and Midwest regions. The family-run business has previously won the American Trucking Associations President Trophy for operating the safest fleet in the United States.

Other winners include: Five Star Trucking, in the less than 1 million mile category; GetGo Transportation, in the 1-3 million miles category; Thomas E. Keller Trucking, in the 3-5 million miles category; Wooster Motor Ways, in the 5-10 million miles category; and Pitt Ohio, in the over 20 million miles category. Five Star Trucking, founded in 1974, is a full-brokerage logistics company operating in 48 states, and is currently in its third generation of management. The company recently released its “Five Stars of Success” program, in which employees are encouraged to follow the company’s values on an everyday basis. Thomas E. Keller Trucking, founded in 1978, is a family-owned and operated business consisting of over 150 tractors and 450 dry van food grade trailers. The company services the Midwest, mid-Atlantic, southeastern, and southern United States. Wooster Motor Ways is a family-owned company that currently holds a 99 percent on-time average, and is committed to drivers and owner-operators who are focused on safety. Paul Williams, President of Wooster Motor Ways, served as the Ohio Trucking Association’s Chairman of the Board from 2012-2014. Dave Funk, Director of Maintenance for Wooster Motor Ways, was Past Chairman of the Ohio Trucking Maintenance Council, and currently serves on the TechComp Steering Committee.

The Ohio Trucking Association would like to congratulate all companies on these milestone achievements and thank them for their dedication to safety in the transportation and logistics industry.

The Ohio Trucking Association is a trade association with over 800 members. Founded in 1918, the association promotes safety, innovation, and professionalism in the trucking industry.

Written by Ohio Trucking Association Staff

On September 18, 2018, the Ohio Trucking Association named its 2018 Fleet Safety Awards winners. These organizations have upheld OTA’s mission to enhance the industry’s image through their commitment to safety while their drivers commute on our highways every day. Awards are sponsored by Great West Casualty Company and given on the basis of accident frequency ratios, which include data from the mileage and accidents reported to the Ohio Department of Transportation within a calendar year.

This year, the Small Division President’s Trophy was awarded to GetGo Transportation. GetGo Transportation, founded in 2001, and headquartered in Millbury, Ohio, provides premium regional truckload services and communication to clients in Ohio, Michigan, the larger Midwest, and the southeast and east coastlines. Anthony Tomase, owner of GetGo Transportation, has been a board member of the Ohio Trucking Association since 2017, sits on various committees, and serves on OTA’s Team 88.

The Large Division President’s Trophy was awarded to Walmart Transportation. Walmart Transportation, with its Ohio location in Grove City, delivers products to thousands of locations throughout the country by way of over 6,000 trucks. Since 2007, Walmart Transportation has delivered 830 million more cases of product while driving 300 million fewer miles in comparison to its previous operations, emphasizing the company’s dedication to not only Ohioan communities and workforces, but the wellbeing of our environment and preservation of our roads and bridges. Jonathan Gaupp of Walmart Transportation has served on the Ohio Trucking Association board since 2018.

Other winners include:

• Less than 1 million miles: Taylor Distributing Company
• 1-3 million miles: GetGo Transportation
• 3-5 million miles: Classic Carriers, Inc.
• Over 20 million miles: Walmart Transportation

The Ohio Trucking Association and Great West Casualty Company would like to congratulate all companies on this milestone achievement and thank them for their dedication to safety in the transportation and logistics industries.

Written by Thomas A. Balzer, President & CEO of the Ohio Trucking Association

The Ohio Trucking Association turns 100 years old in 2018. This is no small accomplishment for an association that represents an industry that has seen so many changes in its brief history. The growth of the association coincides with the growth of the automotive industry in general; Henry Ford introduced the Model T just ten years before the Ohio Trucking Association’s (the “Ohio Association of Commercial Haulers”) founding in Toledo. The transformations that this association and the industry have seen since then are amazing.

The Ohio Trucking Association has a very storied history and has made great strides through some of the industry’s most turbulent times. These include: construction of an interstate highway system; increases in capacity; and deregulation. Before his passing, I was fortunate enough to have lunch with Don Smith, who served as the Ohio Trucking Association’s Executive Vice President from 1961-1992. He talked about the changes he saw while running this organization. I realized that, while in the throes of these issues, it may not have seemed impactful, his career was extremely meaningful to the members of the industry. Tom King and Larry Davis’s tenures have had the same impact. I am sure that when I look back on my time here at the Ohio Trucking Association I will find pride in the impactful work that my team and I are working to accomplish on behalf of the industry and our members.

To make sure that we have given this milestone the attention it so deserves, we established a Centennial Commission. This commission has facilitated an active discussion on just how to celebrate our 100th anniversary. One of the first things that this group discussed was the following: how do you focus on this landmark? Do you look back, or do you look towards the future? This is a difficult distinction. Our association always wants to respect the legacy of the past 100 years. But losing sight of what is yet to come can prove to be significantly detrimental. This centennial is an excellent opportunity to practice situational awareness of where we are now, as well as look at the past and the transformations we have seen as an association. This exercise allows us the opportunity to write the next 100 years of our history.

Here, we see an opportunity to build on the successes we have had, and an opportunity to take advantage of new opportunities that will help us better serve the industry and prepare for the future. The leadership of the Ohio Trucking Association is firmly focused on making sure that every interaction in which we engage demonstrates distinct value to our members.

Every transaction (whether an association membership, purchase of equipment, or onboarding of new personnel) needs to show value; this is no truer today than it was previously. I take this responsibility very personally. When we lose a member, I am saddened to see that an organization did not utilize the obvious aspects of a valuable membership with the association. However, I also see an opportunity to strengthen the great work we do. We hear all too often that being a member of the Ohio Trucking Association is not worth what we charge in membership dues. To that I say: prove it. I can tell you with 100% confidence that I can provide the return on your membership investment. That is not ego talking; that is confidence in the work we are doing. We are creating a difference in your business. We wish to highlight the positive impact that we have had on the industry during the last century, as well as grow our impact as we move forward.

If interested in discussing the impact of the industry, association work, or speaking with me on another topic, call me at 614-225-1026 or schedule a meeting.