Insights - June 2016 - (Page 2)

Download the Mobile App The Intermodal Insights mobile app is available in the Google Play Store and in the App Store. Download to your mobile device today! Cover image courtesy of BNSF Railway Intermodal Insights is published monthly by the Intermodal Association of North America for the benefit of its members. Intermodal Insights is a registered trademark of the Intermodal Association of North America. All rights reserved. Perry Trunick, Editor Send press releases and letters to the editor to insights@intermodal.org. Must be received by the 10th of the month to be considered for inclusion in the next issue. Maggie Miller, Advertising Sales 301-982-3400, ext. 350 advertising@intermodal.org Joanne F. Casey, President & CEO INTERMODAL ASSOCIATION OF NORTH AMERICA 11785 Beltsville Drive, Suite 1100 Calverton, MD 20705-4048 301-982-3400 * Fax: 301-982-4815 www.intermodal.org 2 Intermodal Insights | June 2016 Federal Update Restart Legislation Gets a Restart The Senate clarified hours of service rules and included them in the Transportation, Housing and Urban Development bill, referred to as the THUD bill. This could permanently stop enforcement of the two off duty periods from 1 a.m. to 5 a.m. It also has the potential to end the restriction on use of more than one restart during a 168 hour period. The bill has passed the Senate and the House and the two bodies are currently resolving differences before sending it to President Obama. ". . . a driver who uses that restart rule may not drive after being on duty more than 73 hours in any period of 7 consecutive days . . ." The 2016 funding bill, known as the Omnibus, had left some ambiguity relative to the mandated study that FMCSA was to undertake to determine the impact of the rules, which are currently suspended. The Senate-passed H.R. 2577 incorporates the 2015 House-passed bill and clarifies that the current rules will remain in force unless the DOT Secretary and Inspector General each review the final report mandated in the Omnibus bill and each determines the final report shows the suspended provisions "demonstrated statistically significant improvement in all outcomes related to safety, operator fatigue, driver health and longevity, and work schedules." The bill restates current rules that are in force. These will remain in effect unless the conditions of the outcome of the study and agreement of the DOT Secretary and Inspector General would dictate reinstating the later restart rules. The bill says, "If the 34-hour restart rule in operational effect on June 30, 2013, is restored to full force and effect . . . a driver who uses that restart rule may not drive after being on duty more than 73 hours in any period of 7 consecutive days, where the 7-day measurement period moves forward 1 day at midnight each day." Speed Limiter Rule May Advance A provision contained in H.R. 2577 would give DOT six months to issue a final rule on speed limiters. The bill, which passed the Senate and contains the earlier-passed House bill, simply says, "Not later than 6 months after the date of the enactment of this Act, the Secretary of Transportation shall issue a final rule requiring the use of speed limiting devices on trucks with a gross vehicle weight rating in excess of 26,000 pounds." FMCSA Sends Clearinghouse Rule to OMB On May 20, the Federal Motor Carrier Safety Administration forwarded to the Office of Management and Budget a final rule that would establish a national database of truck drivers who have failed or refused to take drug and alcohol tests. This is the final step in the approval process. The rule, published in February, would require verified positive, adulterated and substituted drug test results, along with information from follow-up testing, to be reported. Motor carriers and medical personnel would also be obligated to report positive alcohol test results, test refusals, negative return-to-duty test results and information on follow-up testing. Employers would be required to search the clearinghouse for current employees on an annual basis and as part of the pre-employment process for prospective employees. http://www.intermodal.org

Table of Contents for the Digital Edition of Insights - June 2016

Restart Legislation Gets a Restart
Speed Limter Rule May Advance
FMCSA Sends Clearinghouse Rule to OMB
Silver Kingpin Award Ballots Due June 30
Business Meeting Roundtables Advance Safety and Productivity
EXPO Curtain Raisers Spotlight Industry Leaders and Analysts
State of the Industry and Federal Partners
At 25, IANA Exceeds Goals
Port Trucker Case is Tip of he NLRB's Spear Aimed at Contractor Status
Sustainability News
Freight Reports
Port News
People in the News
In Brief
2016 Sponsors
Welcome New Members
Intermodal Calendar

Insights - June 2016