Welcome

NEWS:

Vermont DMV will start conducting commercial vehicle safety inspection details this week, with a few changes.  Drivers are asked to wear a facial covering when interacting with Inspectors and maintain social distancing.  Please do not linger by the Inspector’s vehicle and notify the Inspector if you have COVID-19 symptoms or have been around someone that is positive for COVID-19.  Drivers can expect Inspectors to wear facial coverings and maintain social distancing.  Inspectors may photograph documents instead of physically handling them.  Everyone’s health and safety will be the top priority and patience will be necessary as drivers and Inspectors work together to complete safety inspections and improve highway safety.


Hours of Service of Drivers – Federal Motor Carrier Safety Administration (FMCSA), DOT release FINAL RULE. CLICK HERE FOR FINAL RULE


NOTICE: Counterfeit Respirators / Misrepresentation of NIOSH-Approval

Counterfeit respirators are products that are falsely marketed and sold as being NIOSH-approved and may not be capable of providing appropriate respiratory protection to workers. When NIOSH becomes aware of counterfeit respirators or those misrepresenting NIOSH approval on the market, we will post them here to alert users, purchasers, and manufacturers.

Full article published by the CDC here: https://www.cdc.gov/niosh/npptl/usernotices/counterfeitResp.html

If you have any further questions or need guidance, please contact: marygrace@nhmta.org


U.S. Department of Transportation Modernizes Hours of Service Rules to Improve Safety and Increase Flexibility for America’s Truckers – CLICK HERE FOR COMPLETE FINAL RULE


FMSCA Extension and Expansion of Emergency Declaration – CLICK HERE 

FMCSA has published a waiver related to Commercial Learners Permit (CLP). The official notice can be found here. The waiver does the following:

Waives the requirement under 49 CFR 383.25(a)(1) that a CLP holder be accompanied by a CDL holder, with the proper CDL class and endorsements, seated in the front seat of the vehicle while the CLP holder operates a CMV on public roads or highways. Under the terms, conditions, and restrictions of this waiver, a CLP holder may operate a CMV on public roads or highways without an accompanying CDL holder present in the front seat of the vehicle, provided that the CDL holder is elsewhere in the cab, the CLP holder is in possession of evidence from the testing jurisdiction, including an authorized third-party tester, that the CLP holder has passed the CDL driving skills test, and, unless the FMCSA waiver issued on March 24, 2020 applies, that the CLP holder has a valid non-CDL driver’s license, CLP, and medical certificate.

Waives the restriction under 49 CFR 383.79(a) that limits a State to administering a driving skills test, in accordance with subparts F, G, and H of 49 CFR part 383, to a non domiciled CDL applicant who has taken driver training in that State. Under the terms, conditions, and restrictions of this waiver, a State may elect to administer a driving skills test to any non domiciled CDL applicant, regardless of where the applicant received driver training.
 

 
Weekly CMV Report – CLICK HERE
 

 
Two very important documents were completed last night relating to CDLs and Medical Cards as well as a PHMSA notice relating to HM Training.  Please see below for description and links. 
 
Enforcement Notice on Expiring CDLs 
This Notice of Enforcement Policy, effective from March 24, 2020 to June 30, 2020, provides needed relief from specified FMCSRs for CLP holders, CDL holders, and non-CDL drivers and motor carriers using those drivers.  This Notice of Enforcement Policy applies to all CLP holders, CDL holders, and non-CDL drivers whose license was issued for less than the maximum period established by 49 CFR 383.25 and 383.73 and was valid on February 29, 2020 and expired on or after March 1, 2020.
 
Waiver for States, CDL Holders, CLP Holders, and Interstate Drivers Operating Commercial Motor Vehicles
 
The waiver is effective until June 30, 2020 and provides important relief resulting from situations where many CDL and CLP holders are unable to renew their CDLs and CLPs and are unable to provide medical certificates to their State Driver Licensing Agencies. In addition, many medical providers nationwide have canceled regularly scheduled appointments to dedicate resources to the COVID-19 response. As a result, drivers are unable to obtain appointments for physical examinations with medical examiners.
 
PHMSA Notice of Enforcement Policy Relating to HM Training
PHMSA has provided there will not take enforcement action taken against any HM employer and/or HM employee unable to provide the required “recurrent training” during the Covid-19 pandemic.  This policy was coordinated across the Department and applies to FMCSA and all modes.  It does not apply to initial training, or the need to have a new HM employee work under the supervision of a trained HM employee until they can get their initial training. 
 

Emergency Declarations Page
 
Previously Issued Documents:
 
Guidance for Conducting Investigations
Attached is guidance for conducting investigations during the COVID-19 National Emergency, focusing on conducting Off-site investigation, particularly on moderate Risk 1 Carriers across the country.  The policy also provides flexibility in the carriers that can be assigned an offsite investigation.  We will continue to monitor the situation and provide more guidance on High Risk and other carriers required to have an onsite investigation at a later date. Also included for reference is the original policy.
 
Drug Testing Guidance
ODAPC has posted guidance relating to the Drug and Alcohol Program during this time of National Emergency.  That document can found at https://www.transportation.gov/odapc/compliance-with-dot-drug-and-alcohol-testing-regulations.  We will be adding that link to our Declaration page as well.  Additional information specific to FMCSA operations is currently under discussion, but this initial guidance provides important information for employers and employees subject to drug and alcohol testing.
 
Notice to State Drivers Licensing Agencies of the Federal Motor Carrier Safety Administration’s Policy Regarding Effect of Actions during COVID-19 Emergency
This notice sets forth the Agency’s view of various actions State Drivers Licensing Agencies (SDLA) may exercise during the emergency relating to COVID-19 for which FMCSA would decline to issue a finding or make a determination of substantial non-compliance.  Specifically, the following three issues:
  1. FMCSA will not determine a State to be in substantial non-compliance or issue a finding under 49 CFR Part 384 if the State extends a Commercial Learner’s Permit (CLP) or Commercial Driver’s License (CDL) that would otherwise expire during the COVID-19 emergency
  2. States may renew a CDL/CLP online
  3. FMCSA will not determine a State to be in substantial non-compliance or issue a finding if a State does not change the medical certification status to “not certified” or downgrade a CDL/CLP holder whose Medical Examiner’s Certificate has expired during the COVID-19 emergency
Notice of Enforcement Discretion Relating to Temporary Operating Authority
This notice indicates that FMCSA has exercised agency discretion and determined not to enforce the Temporary Operating Authority Registration fee provisions against those motor carriers requesting Temporary Operating Authority Registration, including passenger carriers requesting temporary authority to transport property, in order to provide direct assistance to the COVID-19 emergency relief efforts.
 
Frequently Asked Questions
As previously mentioned, last night we published some FAQs on the emergency declaration.  For reference, the link is https://www.fmcsa.dot.gov/emergency/expanded-emergency-declaration-under-49-cfr-ss-39023-no-2020-002-relating-covid-19.  In addition, a PDF version of the FAQs is attached for your use.
 
Emergency Declarations Questions
A centralized mailbox is available for questions related to the emergency declaration.  This mailbox is available for both internal and external stakeholders.  The address is FMCSADeclaration@dot.gov.
 
New Entrant Audits
Attached is brief policy relating to New Entrant Safety Auditors making it clear that States and Federal auditors should prioritize conducting Offsite Safety Audits in lieu of conducting Onsite Safety Audits in order to protect the health & safety of auditors and stakeholders.  Approximately 75% of the audits conducted are conducted offsite.  We will continue to monitor the situation and make policy adjustments as
necessary.
 

 

VTBA’s objectives shall be to: promote a motor transport system which will serve the citizens of Vermont reliably, efficiently, safely, and economically; serve as an advocate for motor transport before federal, state and municipal government bodies; communicate the mission of motor transport to the general public through media and personal appearances; foster the principles of the Association through promotion of its services that may enhance the operation of its participating members; encourage cooperation, courtesy, and safety among highway users; encourage construction and maintenance of safe and adequate highways; provide insurance programs for the benefit of the members, their employees and their dependents; continue to identify and implement new programs and services that are beneficial to the Association and its members and to do all the things incidental and necessary for said objectives within the provisions of the law.