MAP 21 to CFR's
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The Moving Ahead for Progress in the 21st Century (MAP 21) Act was a funding and authorization bill to govern United States federal surface transportation spending. It passed Congress on June 29, 2012 and was signed into law by President Obama on July 6, 2012. It was expected to reduce the federal budget deficit over the 2012–22 period by $16.3 billion. It was a two year bill that was extended to and replaced on December 4, 2015 by Fixing America's Surface Transportation (FAST) Act. Map 21 carried many changes in law for the trucking industry, which included the mandate for the use of electronic logging devices. FAST Act made amendments to MAP 21, in regards to ELD's the changes may be found in SEC. 5507. ELECTRONIC LOGGING DEVICE REQUIREMENTS, which allows a drive away, tow away operation for motor homes or RV's that they may use paper or electronic logs. Motor Carrier Safety starts at page 203 in the PDF from the link that I provided below.
MAP 21 and FAST Act are really irrelevant at this point in time. They were a conveyance to carry articles into law. What you really want to look for when determining the law is Statutory Law, which falls under U.S. Title Codes (USC), and Administrative Law, which falls under Code of Federal Regulations (CFR). Statutory Law is law that is passed by Congress and signed into action by the President. Administrative Law is law that is established from Statutory Law through Administrative procedure. The Process of Administrative Procedure Once Congress establishes Statutory Law then they pass all of the information over to the Secretary of Transportation to start the process of Administrative Procedure. What is relevant to the trucking industry will work it's way down to the Federal Motor Carrier Safety Administration (FMCSA), where they will start due process. Their first action will be to make an announcement in the Federal Register. Then they start any required field studies to back up their reasoning with scientific data. Then they will hold public listening sessions to give stakeholders and the general public public an opportunity to make a claim in regards to support or opposition of the law. Once a determination has been made to put the law into effect then they publish a final notice, which will be announced in the Federal Register with the date that the law will go into effect. This is just a basic run through of how administrative procedure works. It can be a complicated process and may vary by regulatory agency, to my understanding. If you want to write Congress In regards to writing letters to members of Congress about repealing the mandate for the use of ELD's. You do not want to make the mistake of stating that you want a repeal of MAP 21. They will quickly discard your letter, because that will seem ridiculous to them. What you want repealed is 49 CFR 395 Subpart B - Electronic Logging Devices and 49 USC Section 31137 - Monitoring device and brake maintenance regulations. Some members of Congress that introduced ELD's into MAP 21 Below are some members of Congress that have passed bills containing language for the use of ELD's. I am posting these because many drivers have argued over who is responsible for introducing ELD's into legislation. As you can see there are many and these are the ones that I found before I grew tired of searching for them. Also you may notice that Jason's Law was passed in MAP 21, and they did do some studies on the issue of truck parking, and you may be wondering why there still isn't any improvements on the parking issue. Me too! A quote from Gina McCarthy former administrator of the EPA "That is how government works — we tell you what you can do today. We give you the flexibility to get it done yourself and we send a long-term market signal that is going to open up innovation moving forward." If that's how government works today, then where are the parking spaces? Senator Mark Pryor [D-AR] introduced on March 31,2011 S.695 - Commercial Driver Compliance Improvement Act from the Senate Committee - Commerce, Science, and Transportation. Commercial Driver Compliance Improvement Act - Requires all commercial motor vehicles involved in interstate commerce and operated by a driver subject to both federal hours-of-service and record of duty status requirements, in order to improve compliance with federal hours-of-service regulations, to be equipped with an electronic on-board recording device meeting performance requirements and certification criteria and certain other requirements prescribed by the Secretary of Transportation (DOT). https://www.congress.gov/bill/112th-congress/senate-bill/695 Senator Barbara Boxer [D-CA] on November 7, 2011 S.1813-MAP-21 Senatecommittee - Environment and Public Works Subtitle D: Highway Safety - (Sec. 1401) Expresses the sense of Congress that it is a national priority to address projects for the shortage of long-term parking for commercial motor vehicles on the NHS to improve the safety of motorized and nonmotorized users and for commercial motor vehicle operators. Makes eligible to be a federal-aid highway project the construction of long-term parking facilities for commercial motor vehicles on the NHS (Jason's Law). Directs the Secretary to survey and assess the availability of parking facilities for commercial motor vehicles in each state. Requires survey results be made available to the public on the DOT website. Subtitle C: Driver Safety - (Sec. 32301) Directs the Secretary to prescribe regulations to require commercial motor vehicles involved in interstate commerce, and operated by a driver subject to both federal hours-of-service and record of duty status requirements, to be equipped with an electronic on-board recording device meeting certain performance and design standards and requirements. (Sec. 32302) Directs the Secretary, ensuring that the relevant data is accurate, to incorporate into its Compliance, Safety, Accountability program a safety fitness rating methodology that assigns sufficient weight to adverse vehicle and driver performance based-data that elevate crash risks to warrant an unsatisfactory rating for a commercial motor vehicle carrier. (Sec. 32303) Revises medical examiner requirements. Requires the Secretary to establish a national registry of medical examiners. Requires a medical examiner to pass an examination developed by the Secretary in order to be listed in the national registry. https://www.congress.gov/bill/112th-congress/senate-bill/1813 Senator Frank Lautenberg [D-NJ] December 7,2011 introduced S.1950- Commercial Motor Vehicle Safety Enhancement Act of 2011. From the Senate Committee - Commerce, Science, and Transportation. Title III: Driver Safety - (Sec. 301) Directs the Secretary to prescribe regulations to require commercial motor vehicles involved in interstate commerce, and operated by a driver subject to both federal hours-of-service and record of duty status requirements, to be equipped with an electronic on-board recording device meeting certain performance and design standards and requirements. https://www.congress.gov/bill/112th-congress/senate-bill/1950 Representative John Mica [R-FL-7] Introduced H.R. 4348 - MAP 21 on April 16,2012 House - Transportation and Infrastructure; Ways and Means; Natural Resources; Science, Space, and Technology; Energy and Commerce Subtitle D: Highway Safety - (Sec. 1401) Jason's Law - Expresses the sense of Congress that it is a national priority to address projects for the shortage of long-term parking for commercial motor vehicles on the NHS to improve the safety of motorized and nonmotorized users and for commercial motor vehicle operators. Makes eligible to be a federal-aid highway project the construction of long-term parking facilities for commercial motor vehicles on the NHS. Subtitle B: Commercial Motor Vehicle Safety - (Sec. 32302) Revises medical examiner requirements. Requires the Secretary to establish a national registry of medical examiners. Requires a medical examiner to pass an examination developed by the Secretary in order to be listed in the national registry. Subtitle C: Driver Safety - (Sec. 32301) Directs the Secretary to prescribe regulations to require commercial motor vehicles involved in interstate commerce, and operated by a driver subject to both federal hours-of-service and record of duty status requirements, to be equipped with an electronic logging device meeting certain performance and design standards and requirements. Requires the Secretary to institute appropriate measures to ensure information collected by such devices is used by enforcement personnel only to determine compliance with HOS requirements. https://www.congress.gov/bill/112th-congress/house-bill/4348 Links MAP 21 Act- http://www.truckinjurylawyerblog.com/files/2013/07/MAP-21-Legislation-2013.pdf FAST Act - https://www.congress.gov/114/bills/hr22/BILLS-114hr22enr.pdf Government Publishing Office (GPO) - U.S. Title Codes (USC) Title 49 - Transportation https://www.gpo.gov/fdsys/search/pagedetails.action?collectionCode=USCODE&browsePath=Title+49%2FSubtitle+Vi%2FPart+B%2FChapter+311%2FSubchapter+III%2FSec.+31137&granuleId=USCODE-2004-title49-subtitleVI-partB-chap311-subchapIII-sec31137&packageId=USCODE-2004-title49&collapse=true&fromBrowse=true GPO - Code of Federal Regulations (CFR) Title 49 - Transportation https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title49/49tab_02.tpl Shortcut https://www.ecfr.gov/cgi-bin/text-idx?SID=dc20dac3f203fa1f7f95931c8208d0f4&mc=true&tpl=/ecfrbrowse/Title49/49cfrv5_02.tpl#0 https://www.gpo.gov/fdsys/pkg/CFR-2011-title49-vol5/pdf/CFR-2011-title49-vol5.pdf Administrative Procedure https://www.law.cornell.edu/uscode/text/5/part-I/chapter-5 https://definitions.uslegal.com/a/administrative-procedure/ https://epic.org/open_gov/Administrative-Procedure-Act.html Federal Register https://www.federalregister.gov/ Jason's Law - Truck Parking http://www.jhlrivenburg.com/About.htm https://ops.fhwa.dot.gov/freight/infrastructure/truck_parking/jasons_law/truckparkingsurvey/index.htm © Truckers United For Freedom 2017 |