CCJ Daily Dispatch, Jan. 4: FMCSA proposes clarification to ‘yard move’ HOS guidance

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Updated Jan 5, 2021

Trucking news and briefs for Monday, Jan. 4, 2021:

FMCSA proposes to update ‘yard move’ HOS guidance
The Federal Motor Carrier Safety Administration is proposing to revise its regulatory guidance on recording hours of service time as a “yard move,” which can be recorded as “on-duty, not driving” rather than “driving” time.

Specifically, the agency proposes to replace Question 9 to 49 CFR 395.2, which asks how a driver’s time should be recorded when he/she drives on streets and highways during the week and jockeys in a yard (private property) on weekends.

The proposed question is: “Under what circumstances may a driver classify the operation of a commercial motor vehicle (CMV) as a yard move and record it as on-duty not driving time?”

The answer to the question – which the agency notes is not legally binding and is just guidance to help clarify the regs – is that a driver can record time operating a truck for yard moves as on-duty not driving only if the movement occurs in a confined area or on private property. Examples of properties that qualify as yards, according to the proposed guidance, are: an intermodal yard or port facility; a motor carrier’s place of business; a shipper’s privately-owned parking lot; or a public road, but only if and while public access to the road is restricted through traffic control measures such as lights, gates, flaggers or other means. For example, if a driver must operate on a public road briefly to reach different parts of a private property, the movement may be considered a yard move if public access is restricted during the move.

Properties that would not qualify as yards include, but are not limited to: public roads without the traffic control measures listed above; and public rest areas.
FMCSA is seeking public comment on the proposed guidance, specifically in determining which types of properties are and are not “yards.” Comments can be made here through Feb. 3.

Penske completes acquisition of Top 250 carrier
The Penske Logistics (CCJ Top 250, No. 19) acquisition of Black Horse Carriers (No. 53) announced in late November has been completed, Penske announced last week. The terms of the deal were not disclosed.

“We are pleased to have completed the acquisition and we now look forward to our work together as one team in the coming year,” said Marc Althen, president of Penske Logistics. “We remain focused on delivering exceptional customer service as we integrate this business into our existing dedicated contract carriage operations.”

Founded in 1925, Chicago-based Black Horse Carriers operates out of more than 90 terminals across the U.S., providing services to the food and grocery, retail, bakery, dairy, CPG, manufacturing and automotive industries.

Volvo recalls 6,300 trucks over potential brakes issue
Volvo Trucks North America is recalling approximately 6,314 model year 2021 VNR, VNL, VHD and VAH trucks over a potential issue with the air brakes, according to National Highway Traffic Safety Administration documents.

The recall alert says the collets (internal jaws) for the brass fitting inserts used in the pneumatic pass-through plate may have been damaged during leak testing, which could cause the brass fitting to completely release the air brake line from the pass-through plate while under pressure. If this occurs on the park brake circuit, signal pressure that holds off the mechanical spring in the park brake chambers will be lost, allowing the park brakes to apply.

Volvo will notify owners, and dealers will inspect the air brakes for proper engagement of the fitting in the pass-through plate for free. Owners can contact Volvo customer service at 1-800-528-6586 with recall number RVXX2006. NHTSA’s recall number is 20V-782.