BRANCHING OUT New Federal Rules for Safer Roads


Article courtesy of Tree Care Industry Association


The Federal Motor Carrier Safety Administration (FMCSA) has recently proposed a new rule to help ensure that drivers of commercial motor vehicles (CMV) remain safe.


It is important to understand that the definition of “interstate commerce” does not necessarily entail crossing state lines. It can also mean, “… traffic or transportation … between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State.”


In addition, the FMCSA is proposing to revise Hours of Service (HOS) requirements for CMV drivers. With a few narrow exceptions, this proposed rule change does not affect the existing regulatory or statutory exemptions to HOS requirements. For instance, the drivers of utility service vehicles (including line clearance crew vehicles) are exempt from coverage, as is any driver responding to a declared state or national emergency.


FMCSA has proposed a safety rule that seeks to specifically prohibit interstate commercial truck and bus drivers from using hand-held cell phones while operating a commercial motor vehicle (CMV). The proposed rule would also prohibit commercial drivers from reaching for, holding or dialing a cell phone while operating a CMV. Drivers who violate these restrictions would face federal civil penalties for each offense and disqualification of their commercial driver’s license (CDL) for multiple offenses.


Additionally, states would suspend a driver’s CDL after two or more violations of any state law on hand-held cell phone use. Motor carriers that allow their drivers to use hand-held cell phones while driving would also face a penalty.


The Tree Care Industry Association has been advancing tree-care businesses since 1938. Continuous arboriculture information, training discounts and consumer promotions are some of the many benefits of TCIA membership. As this article suggests, TCIA keeps a regulatory watch for the industry — often doing work that some may think just happens. Find out how TCIA can help your business at TCIA.org.


Visit www.regulations.gov for more information and to comment on the proposed rules.


16 | vermeer.com


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