U.S. Legislative Issues

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The Federal Motor Carrier Safety Administration (FMCSA) and Federal Railroad Administration (FRA) announced on March 8 that they are seeking public input for 90 days on the effects of screening, evaluating, and treating commercial motor vehicle drivers and rail workers for obstructive sleep apnea (OSA). The joint Advance Notice of Proposed Rulemaking is the first step in both agencies considering whether to propose sleep-apnea requirements. The announcement follows a National Transportation Safety Board recommendation that the Department of Transportation (DOT) address sleep-apnea screening and treatment for transportation workers.

FMCSA estimates as many as 22 million Americans might be suffering from undiagnosed sleep apnea, which is a respiratory disorder characterized by a reduction or cessation of breathing during sleep. The disorder can cause unintended sleep episodes and deficits in attention, concentration, situational awareness, memory and the capacity to safely respond to hazards. According to a study by the American Academy of Sleep Medicine, for those suffering from sleep apnea or individuals, eight hours of sleep can be less refreshing than four hours of ordinary, uninterrupted sleep.

The FRA and FMCSA will host three public listening sessions to gather input on OSA in Washington, DC, Chicago, and Los Angeles.  "It is imperative for everyone’s safety that commercial motor vehicle drivers and train operators be fully focused and immediately responsive at all times," said U.S. Transportation Secretary Anthony Foxx.  "DOT strongly encourages comment from the public on how to best respond to this national health and transportation safety issue."

FMCSA Proposes New Training Rules

 

On March 4, the U.S. Federal Motor Carrier Safety Administration (FMCSA) proposed a set of comprehensive national prerequisite training standards for entry-level commercial truck and bus operators seeking to obtain a commercial driver’s license (CDL). The Notice of Proposed Rulemaking (NPRM) reflects consensus recommendations of a negotiated rulemaking committee comprised of FMCSA representatives and 25 stakeholders and responds to a Congressional mandate imposed under the Moving Ahead for Progress in the 21st Century Act (MAP-21). Public comment will be accepted through April 6, 2016, as the next phase of the rulemaking.

Under the proposal, applicants who are seeking a "Class A" CDL – necessary for operating a combination tractor-trailer type vehicle weighing 26,001 lbs. or more – would be required to obtain a minimum of 30 hours of behind-the-wheel training from an instructional program that meets FMCSA standards, including a minimum of 10 hours of operating the vehicle on a practice driving range.

Applicants seeking a "Class B" CDL – necessary for operating a heavy straight truck (such as a dump truck or box truck) or a school bus, city transit bus, or motorcoach – would be required to obtain a minimum of 15 hours of behind-the-wheel training, including a minimum of seven hours of practice range training. There is no proposed minimum number of hours that driver trainees must spend on the classroom portions of any of the individual curricula.

"A diverse group of commercial motor vehicle stakeholders completed a tremendous amount of work, and that effort resulted in an unprecedented consensus," said FMCSA Acting Administrator Scott Darling. "We’ve designated 2016 as our ‘Year of Partnerships’ and these comprehensive entry-level driver training standards exemplify our commitment to working closely with our safety partners, including state and local law enforcement, the safety advocacy community, and all other stakeholders to reduce crashes and to save lives."

New Report Recommends Research to Improve Understanding of Fatigue and Crash Risk

 

Insufficient sleep can decrease a commercial motor vehicle (CMV) driver’s level of alertness, which may increase the risk of a crash, yet little is known about effective ways to minimize that risk, says a new report from the National Academies of Sciences, Engineering, and Medicine (NAS). Issued on March 10, the report outlines several recommendations to the U.S. Federal Motor Carrier Safety Administration (FMCSA) to improve its research and data collection efforts to better understand how fatigue affects the risk of accidents for truck and bus drivers.

According to the report, approximately 4,000 fatalities due to truck and bus crashes occur each year, 10 percent to 20 percent of which are estimated to involve fatigued drivers. NAS says the stresses associated with work as a CMV driver – including irregular schedules and economic pressures – place drivers at substantial risk for insufficient sleep and the development of several chronic health issues, including obstructive sleep apnea, hypertension, cardiovascular disease, adult-onset diabetes, and other conditions commonly associated with obesity.

The report suggests that the U.S. Department of Health and Human Services and/or the U.S. Department of Transportation should fund, design, and conduct an ongoing survey that will allow longitudinal comparisons of CMV drivers to enable tracking of changes in their health status and the factors likely to be associated with those changes over time. The NAS report went on to say that it would be highly desirable to link the collected data with relevant electronic health records and "to increase the availability of relevant data for researchers, FMCSA should also incentivize those who capture driver performance data–large fleets, independent trucking associations, and insurance companies."
 

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