CARB to revise regulation.
14 Overdrive JANUARY 2010 Log Book In a Dec. 2 meeting conducted by the Federal Motor Carrier Safety Administration's Office of Medical Programs aimed at addressing the ques-tions about coming changes to medical certification regulations of commercial drivers, the agency's Chief Medical Officer Benisse Lester and medical pro-grams chief Elaine Papp both repeatedly emphasized the case-by-case nature of most areas of medical disqualification. The primary concerns are the driv-er's physical ability to function while operating a commercial vehicle, said Papp in response to a question about a potential federal cap on the age of commercial drivers. Medical require-ments should be performance-based and not linked to age. We're not look-ing at making any changes based on age at this point. Similarly, regarding the subject of Body Mass Index, a measurement which expresses the ratio of fat to muscle in an individual, FMCSA medical programs director Mary Gunnels said BMI would not be a factor by itself in any testing man-date for conditions associated with obesity, such as sleep apnea. A BMI number above 30 is considered to indicate obesity. Gunnels, Lester and Papp all stressed it was just one among many measurements associated with determining obesity, in Gunnels' words, and that we don't have a specific requirement on testing. FMCSA's Medical CDL program, set for full implementation in January 2012, feeds medical certification data directly to the CDL Information System database. Combined with a reporting requirement for approved examiners linked to the medical CDL, it will be much harder for drivers whose certifica-tions have been disqualified or lapsed to slip through the regulatory cracks. As more information is gained from medical examiners, FMCSA will be able to more easily enforce requirements placed on drivers to disclose any change in health that could affect medical certi-fication, such as deteriorating vision. Todd dills No age or BMi cutoffs, says FMCSA The California Air Resources Board will consider a new provision in April to provide truckers more flexibility in cleaning up diesel emissions under the state's Truck and Bus Rule that was to take effect Jan. 1, 2011. CARB says it is taking into account the recession, which has resulted in less trucking and, in turn, cleaner air. At its Dec. 9 meeting, CARB said its staff has demonstrated that the down economy has cut truck operating time in the state, thus reducing emissions. The board also directed staff to withdraw and redo the health report that carried CARB staffer Hien Tran's name since it was learned last year that he falsely claimed he held a Ph.D. in statistics from the University of California-Davis. The implementation of the rule will continue to be carried out during this period. The board also neglected to second a motion by board member John Telles, who wanted to repeal the diesel rule after learning of Tran's misconduct. In December 2008, CARB passed the Truck and Bus Rule that requires truck owners to install diesel exhaust filters on their rigs by Jan. 1, 2011, with nearly all vehicles upgraded by 2014. Jim Johnston, president of the Owner-Operators Independent Driver Association, wrote a letter Dec. 4 to CARB and Gov. Arnold Schwarzenegger requesting a rule delay, but not just because of the Tran scandal. The board has granted some relief to truckers unable to meet their deadlines for some reefer haulers and port truckers, and CARB should do the same under the Truck and Bus Rule, he said. Jill dunn Calif. board to reconsider truck rule SPOT MARKET FREIGHT availability increased by 9 percent in the 12 months ending in October, according to the TransCore Freight Index, a measure of truckload freight found on load boards supported by the company's DAT net-work. TransCore says it is 2009's first positive year-over-year comparison and is due to a good second half of 2009 and a very weak October 2008. NET ORDERS for heavy-duty Class 8 commercial vehicles increased to 21,500 units in October, the highest level since January 2008, says ACT Research Co. ACT said Class 8 new orders were up across all three North American regions, as well as exports. Medium-duty Class 5-7 net orders were also at their highest level of the year, up 50 percent from the prior year. CALIFORNIA WARNS that truckers with reefer units of 2002 model year and older were supposed to be in compli-ance with emissions control technology as of Jan. 1. Owners of non-compliant transportation refrigeration units could be penalized up to $500 per violation. More information is available at www. arb.ca.gov/diesel/tru.htm. SHORT HAULS Measurement of body mass index will not be used by itself to determine obesity-related conditions. R andy Gr ider