Articles Tagged with FMCSA

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The Federal Motor Carrier Safety Administration has relaxed the truck driver drug testing requirements that trucking companies are required to comply with in the wake of the unique circumstances brought about by the COVID-19 pandemic.

According to the Federal Motor Carrier Safety Administration, it has decided to provide companies with reasonable flexibility if they are unable to completely comply with the federal agency’s drug testing requirements during the pandemic. That flexibility comes as a result of the difficulties trucking companies are currently facing in conducting the random drug testing that they are required to under federal laws.

Trucking companies are still required to conduct random drug testing of truck drivers based on the typical testing rate. They must test at least 50% of drivers for drugs and 10% of all their drivers for alcohol. However, in cases in which trucking companies are unable to conduct the random drug and alcohol testing required under the law, certain relaxations have been allowed.

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The recent times have been unprecedented in our country.  Preparations from medical to supply chain are being made across the country to meet the needs and demands of the Covid-19 pandemic.

To aid in delivering goods and supplies, the Federal Motor Carrier Safety Administration has decided to relax some of the Hours–of–Service regulations that truck drivers are required to adhere to, in order to meet the increased shipping needs caused by the Covid-19 pandemic.

Hand sanitizers, alcohol wipes, masks and other medical essentials are all in short supply in many states across the country. Panic buying, which has been seen across the country since it became clear that the Covid-19 virus outbreak would be more serious than we believed, has meant many empty shelves at supermarkets and stores across the country. People are running short of basic essentials, including even food items in many areas.

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Atlanta truck accident lawyers, trucking safety groups and others who have been waiting for the Federal Motor Carrier Safety Administration to publish its Hours of Service rules for truck drivers, will have to wait a little longer.Unfortunately, this delay is likely to increase the number of truck accidents and, therefore, the number of persons who suffer personal injury and wrongful death due to these accidents. The Federal Motor Carrier Safety Administration has released a statement saying that it has decided to postpone publication of the work rules for at least another month.

The agency had been required to meet the deadline of October 28 for the publication of the new rules.However, in a statement, the agency says that several parties that have been opposed to the rule have agreed to an extension of the deadline for publication.The agency expects a deal to be announced on November 28, 2011.

The Federal Motor Carrier Safety Administration’s decision to postpone the publication of the rule is no surprise to any Atlanta truck accident attorney.After all, the agency’s proposal to review the Hours of Service for truck drivers has been a controversial one, and is heavily opposed by the trucking industry.

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The Federal Motor Carrier Safety Administration has a new weapon in the fight against unsafe bus carriers that place passenger lives at risk of personal injury and wrongful death.The agency is planning to unveil a smartphone application that will allow passengers to determine the safety of a bus carrier before they buy a ticket for a trip. This type of transparency is essential for eliminating the “bad” bus carriers who cause most of the bus accidents. However, passengers should be warned that the information about their past records may be limited to due the limited nature of the enforcement personnel available to police the industry.

The Federal Motor Carrier Safety Administration will likely unveil the new application in the month of November.The announcement of the app was made on September 23 at a bus safety Summit in Washington DC.The summit, the Motor Coach Safety Summit looked at ways that the federal agency can help reduce the operation of unsafe carriers on our highways. The Motor Coach Safety Summit also considered new hours of service requirements for drivers of passenger buses. All of these changes are welcomed by bus accident lawyers, although they have been a long time in coming.

The app will allow a passenger to check the safety record of a particular bus carrier, before buying a ticket.This allows the passenger to access valuable information about the safety of the carrier.The app won’t just give passengers information about the safety of a bus carrier, but will also allow them to submit safety violations to the Federal Motor Carrier Safety Administration’s National Consumer Compliant Database.

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The Federal Motor Carrier Safety Administration, which is responsible for issuing regulations to decrease truck accidents, this week proposed a series of changes in the current Hours of Service rules for truck drivers. According to the agency, the new rules will give the drivers more rest in a workday, allowing them to work fewer hours, and reducing the possibility of truck accidents. Of course, truck accidents pose one of the greatest risks of serious personal injury and death to drivers of cars. Lawyers for trucking companies and injury attorneys will be monitoring these changes very carefully.

Overall, the changes have been encouraging to Atlanta truck accident lawyers. The FMCSA is proposing the following changes:

· The possibility of restricted driving time from 11 hrs daily to 10 hours

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Senate confirmation hearings for President Obama’s nominee for head of the Federal Motor Carrier Safety Administration, are going on.The choice of Anne Ferro to head the agency at a time when truck safety is topmost on all minds has become a prickly issue.

Much of the discontent over Ferro’s nomination is over her past as a trucking industry lobbyist in Maryland. Between 1997 and 2003, Ferro served as president and CEO of the Maryland Motor Truck Association, and for the past six years, has been registered as a lobbyist for state legislators.

She had nothing to do with federal lobbying, but even so, as Atlanta truck accident lawyers, we are definitely concerned about her opinions on trucking safety. In 2008, the Bush Administration passed a regulation allowing an increase in the number of consecutive hours that a trucker could drive to 11 hours. As Georgia truck accident lawyers, we had strongly opposed any such increase in the number of hours truckers could drive at a stretch. Driving long hours contributes to driver fatigue, which is one of the major causes of truck accidents in Georgia. However, Ferro, in a letter to the Baltimore Sun, supported the rule, saying that it would prevent accidents and save lives. Having a former trucking industry lobbyist, who one safety group calls an "apologist for the trucking industry,” as the head of the FMCSA could raise questions about conflict of interest.

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