Mobile Phone Restriction Rule For Commercial Motor Vehicle Drivers

A new FMCSA rule restricts the use of all hand-held mobile devices by drivers of commercial motor vehicles (CMVs). This rulemaking restricts a CMV driver from holding a mobile device to make a call, or dialing by pressing more than a single button. CMV drivers who use a mobile phone while driving can only use a hands-free phone located in close proximity. FMCSA rules restrict texting a on hand-held mobile phones by truck while operating a commercial motor vehicle (CMV) as well.

• The rule applies to drivers operating a commercial motor vehicle on a roadway, including moving forward or temporarily

      stationary because of traffic, traffic control devices, or other momentary delays.

• Fines and Penalties – Using a hand-held mobile phone while driving a CMV can result in driver disqualification.

• Penalties can be up to $2,750 for drivers and up to $11,000 for employers who allow or require drivers to use a      

             hand-held communications device while driving.

• Disqualification - Multiple violations of the prohibition of using a hand-held mobile phone while driving a CMV can result in

       a driver disqualification by FMCSA. Multiple violations of State laws prohibiting use of a mobile phone while driving a CMV is

       a serious traffic violation that could result in a disqualification by a State of drivers required to have a Commercial Drivers

       License.

• A mounted phone is acceptable as long as it is mounted close to the driver.

 

Hours of Service Final Rule for Truck Drivers

In general, a CMV is a vehicle that is used as part of a business and is involved in interstate commerce and fits any of these descriptions:

• 11-Hour Driving Limit: May drive a maximum of 11 hours after 10 consecutive hours off duty

• 14-Hour LimitMay not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period

• Rest Breaks: May drive only if 8 hours or less have passed since end of driver’s last off-duty or sleeper berth period of at least 30 minutes. Does not apply to drivers using either of the short-haul exceptions in 395.1(e). [49 CFR 397.5 mandatory “in attendance” time may be included in break if no other duties performed]

• 60/70-Hour Limit
  May not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty. 

Rules apply to Waste and Recycling Industry drivers that

• Weighs 10,001 pounds or more

• Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more

• Is transporting hazardous materials in a quantity requiring placards

 

The Hours of Service of Drivers Final Rule was published in the Federal Register on December 27, 2011. The effective date of the Final Rule was February 27, 2012, and the compliance date of remaining provisions was July 1, 2013.

NOTICE: The Consolidated and Further Continuing Appropriations Act of 2015 was enacted on December 16, 2014, suspending enforcement of requirements for use of the 34-hour restart. For more information see FMCSA’s Federal Register notice: www.fmcsa.dot.gov/regulations/hours-service/hours-service-drivers

- See more at: http://www.fmcsa.dot.gov/regulations/hours-of-service#sthash.X8CZnjSd.dpuf

 

U.S. Department of Transportation (DOT) Drug & Alcohol Supervisor Training Guidance

What You Need to Know:

• 49 CFR 382.603 is the applicable regulation requiring supervisors of commercial motor vehicle drivers who operate vehicles that require a commercial driver license to take 60 minutes of training on the symptoms of alcohol abuse and another 60 minutes of training on the symptoms of controlled substances use (120 minutes in total).  The purpose of this training is to teach supervisors to identify circumstances and indicators that may create reasonable suspicion that a driver is using or under the influence of alcohol or drugs, supporting referral of an employee for testing.  

• If you operate vehicles that require a CDL on the public roads and you have more than one employee in the company, you are required to get DOT Supervisor Training. To verify if you are subject to the drug and alcohol regulations, please visit http://www.dot.gov/odapc/am-i-covered

• Owner-operators are not subject to DOT supervisor training. However, you are still required to register with a consortium for DOT drug and alcohol testing.

• Employers need to ensure that the required content is made available to all persons designated to supervise drivers. Information can be found at http://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/what-are-my-employee-and-supervisor-training-responsibilities

• There is no requirement you go through the company that sent you a solicitation. Below are a few suggestions on how you can get all of your employees designated to supervise CDL drivers trained.

  • The Federal Transit Administration provides a reasonable suspicion training video at http://transit-safety.volpe.dot.gov/Safety/datesting/ReasonableSuspicion.asp

  • For more information on drug and alcohol regulations http://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/overview-drug-and-alcohol-rules

 

Scrap Tire Landfill Ban

What you need to Know:

• A Scrap tire is a tire that is no longer being used for its original intended purpose including, but not limited to, a used tire, a reusable tire casing, or portions of a tire. Scrap tire does not include a vehicle support stand.

• The scrap tire management program regulates transportation, storage and disposal of scrap tires under Part 169 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. An annual registration is required for scrap tire transporters and collection sites

• A scrap tire hauler when transporting scrap tires shall have in his or her possession a copy of the current unexpired scrap tire hauler registration and shall present it upon demand of the department or a law enforcement officer. The scrap tire hauler registration number issued by the department shall be visibly displayed on a motor vehicle transporting scrap tires, whether the scrap tires are transported in or on the motor vehicle or a trailer. The number shall be in block style numerals at least 2 inches high and located on the driver's side of the vehicle but not on a window. The color of the numerals shall contrast with the background vehicle color.

• A scrap tire hauler shall maintain a record of each load or consolidated load of scrap tires he or she transports on forms approved by the department. The record shall be maintained for 3 years and shall be made available, upon request, to the department or to a law enforcement officer at reasonable hours. The record shall contain all of the following information

  • The name, address, telephone number, authorized signature, and registration number of the scrap tire hauler.

  • The name, address, telephone number, and authorized signature of the person who contracts for the removal of the scrap tires.

  • The name, address, telephone number, and, upon delivery, the authorized signature, as required under section 16906(3), of the owner or operator of the location described in section 16902(1) where the tires are to be delivered.

  • The date of removal and the number of scrap tires being transported.

• The original record as required by subsection (3) shall be in the possession of the scrap tire hauler during the actual transportation of the scrap tires. A copy of the record provided for in subsection (3) shall be provided to the person who contracts for the removal of scrap tires at the time of removal of the tires from the originating location. A copy shall also be provided to the owner or operator of the location described in section 16902(1) to which the scrap tires are delivered at the time of delivery.

• A scrap tire hauler shall maintain a bond in favor of the department, unless the scrap tire hauler is owned and operated by a scrap tire processor in compliance with this part. The bond shall be on a form approved by the department. The amount of the bond shall be $10,000.00.

• For more information go to http://www.michigan.gov/deq/0,4561,7-135-3312_4123_4122-9260--,00.html

 

Yard Waste Landfill Ban

What you need to know:

• Michigan State law prohibits yard waste from being disposed of in the landfill. If a community does not offer curbside yard waste collection service, citizens must self manage through mulching, composting or burning.

• Yard Waste Description:  leaves, grass clippings, vegetable or other garden debris, shrubbery, or brush and tree trimmings less than 4 feet in length and 2 inches in diameter.

• Facilities that manage yard waste are required to manage them using one of the following options:

  • Composted at the property where they came from.

  • Temporarily accumulated under specific conditions at a site before moving to another location.

  • Composted at a farm registered with the Department of Agriculture under specific conditions.

  • Composted at a composting facility registered with the DEQ.

  • Composted and used under specific conditions at a licensed solid waste landfill.

  • Composted at a processing plant meeting Part 115 requirements.

  • Composted at a site that has not more than 200 cubic yards of yard clippings if no nuisance is created.

  • Disposed of at a landfill if diseased or infested or the material is an invasive plant collected through an eradication or control program and inappropriate to compost.

• List of DEQ Registered Composting Facilities at http://michigan.gov/deq/0,4561,7-135-3312_4123-185537--,00.html

• Contact: Duane Roskoskey 517-582-3445 with MDEQ regarding composting questions

 

Michigan Bottle & Can Landfill Ban

• The Michigan Beverage Containers Initiated Law of 1976, commonly known as the Bottle Bill or

  Bottle Deposit Law, Michigan Compiled Laws (MCL) Sections 445.571 through 445.576

  (Michigan Bottle Deposit Law), can be found at:

  http://www.legislature.mi.gov/(S(5qpix23b3x5sniasjnq2lk45))/mileg.aspx?page=getObject&objec

  tName=mcl-Initiated-Law-1-of-1976. At this Internet site, you will find the most up-to-date

  requirements for bottlers, retailers, and consumers.

• A law passed in 2004 (PA 34 of 2004) prohibits beverage containers, as defined in

  Deposit Law, from being disposed of in a landfill. Beverage containers may be placed in

  recycling bins, taken to a recycling center, or redeemed for deposit.

• What is cover under the ban

  • 1 gallon or less in size and are either:

    • a soft drink, soda water (carbonated natural or mineral water, or other nonalcoholic carbonated drink)

    • beer, ale, or other malt drink of whatever alcoholic content

    • mixed wine drink or mixed spirit drink

  • The legislature declares that optimizing recycling opportunities and the reuse of materials shall be a

    principal objective of the state’s solid waste management plan and further that recycling and reuse of materials are in

    the best interest of promoting the public health and welfare. The state shall develop policies and practices that promote

    recycling and reuse of materials and, to the extent practical, minimize the use of landfilling as a method for disposal of

    its waste. A person shall not knowingly deliver to a landfill for disposal, or, if the person is an owner or operator of a landfill,

    knowingly permit disposal in the landfill of, any of the following:

    • Subject to subsection (4) PA34 2004, more than a de minimis amount of open, empty, or otherwise used beverage containers.

      • “de minimis” means incidental disposal of small amounts of these materials that are

        commingled with other solid waste.

• Visit http://www.legislature.mi.gov/documents/2003-2004/publicact/pdf/2004-PA-0034.pdfto read PA34 2004 in its entirity.   

 

Asbestos

What you need to know

• Asbestos is regulated waste and prohibited from landfills unless the landfill meets additional requirements under the Clean Air Act.

• Contact the landfill authority to find out if they accept asbestos waste, and any special labeling and packaging requirements.

• For information about types of asbestos regulated by both MDEQ and the Department of Labor and Economic Growth go to www.michigan.gov/deqair.

• Waste Haulers are required to manifest each load of asbestos and have each load identified during transit with a proper placard.

• Consult with the landfill designated to accept the asbestos regarding any specific requirements they may have.

• What Regulations Are Enforced?

  - Michigan Public Act 154 of 1974  "Michigan Occupational Safety and Health Act" 
  - Michigan Public Act 135 of 1986  "Asbestos Abatement Contractors Licensing Act" 
  - Michigan Public Act 440 of 1988  "Asbestos Workers Accreditation Act" 
  - OSHA 29 CFR 1926.1101  "Asbestos Standard for Construction" 
  - OSHA 29 CFR 1910.1001  "Asbestos Standard for General Industry"