Regulatory Guidance on the Designation of Steerable Rear Axle Operators (Tillermen) as Drivers of Commercial Motor Vehicles, 32327-32329 [2011-13902]
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Federal Register / Vol. 76, No. 108 / Monday, June 6, 2011 / Rules and Regulations
§ 45.187
WReier-Aviles on DSKGBLS3C1PROD with RULES
§ 45.191
3. Revise § 45.187 to read as follows:
Pre-departure requirements.
*
Weather limitations.
(a) Tows on the Burns Harbor route
must operate during fair weather
conditions only.
(b) The weather limits (ice conditions,
wave height, and sustained winds) for
the Milwaukee, St. Joseph, and
Muskegon routes are specified in
§ 45.171, Table 45.171.
(c) If weather conditions are expected
to exceed these limits at any time during
the voyage, the tow must not leave
harbor or, if already underway, must
proceed to the nearest appropriate
harbor of safe refuge.
*
*
*
*
(a) Weather forecast. Determine the
marine weather forecast along the
planned route, and contact the dock
operator at the destination port to get an
update on local weather conditions.
*
*
*
*
*
Dated: May 26, 2011.
F.J. Sturm,
Acting Director of Commercial Regulations
and Standards.
Jkt 223001
49 CFR Parts 383 and 390
Regulatory Guidance on the
Designation of Steerable Rear Axle
Operators (Tillermen) as Drivers of
Commercial Motor Vehicles
[FR Doc. 2011–13754 Filed 6–3–11; 8:45 am]
BILLING CODE 9110–04–P
SUMMARY:
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AGENCY:
FMCSA issues regulatory
guidance concerning the applicability of
the term ‘‘driver’’ to ‘‘tillerman,’’ a person
who controls the steerable rear axle on
a commercial motor vehicle. The term
‘‘driver’’ is used in FMCSA’s commercial
4. Revise § 45.191(a) to read as
follows:
13:20 Jun 03, 2011
Federal Motor Carrier Safety
Administration
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of Regulatory Guidance.
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DEPARTMENT OF TRANSPORTATION
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Federal Register / Vol. 76, No. 108 / Monday, June 6, 2011 / Rules and Regulations
WReier-Aviles on DSKGBLS3C1PROD with RULES
driver’s license requirements and in the
Agency’s general safety rules. This
notice provides Federal and State
enforcement personnel, and the motor
carrier industry, with uniform guidance
as to when certain Federal rules
concerning driver licensing and
qualifications are applicable to
tillermen.
DATES: Effective Date: This regulatory
guidance is effective June 6, 2011.
FOR FURTHER INFORMATION CONTACT:
Thomas L. Yager, Chief, Driver and
Carrier Operations Division, Office of
Bus and Truck Standards and
Operations, Federal Motor Carrier Safety
Administration, 1200 New Jersey Ave.,
SE., Washington, DC 20590. E-mail:
MCPSD@dot.gov. Phone (202) 366–4325.
SUPPLEMENTARY INFORMATION:
Legal Basis
The Motor Carrier Act of 1935
provides that ‘‘The Secretary of
Transportation may prescribe
requirements for (1) qualifications and
maximum hours of service of employees
of, and safety of operation and
equipment of, a motor carrier; and (2)
qualifications and maximum hours of
service of employees of, and standards
of equipment of, a motor private carrier,
when needed to promote safety of
operation’’ [49 U.S.C. 31502(b)].
The Motor Carrier Safety Act of 1984
(MCSA) confers on the Secretary the
authority to regulate drivers, motor
carriers, and vehicle equipment. It
requires the Secretary to prescribe safety
standards for commercial motor
vehicles (CMVs). At a minimum, the
regulations must ensure that (1) CMVs
are maintained, equipped, loaded, and
operated safely; (2) the responsibilities
imposed on operators of CMVs do not
impair their ability to operate the
vehicles safely; (3) the physical
condition of operators of CMVs is
adequate to enable them to operate the
vehicles safely; and (4) the operation of
CMVs does not have a deleterious effect
on the physical condition of the
operator [49 U.S.C. 31136(a)]. The Act
also grants the Secretary broad power to
‘‘prescribe recordkeeping and reporting
requirements’’ and to ‘‘perform other
acts the Secretary considers
appropriate’’ [49 U.S.C. 31133(a)(8) and
(10)].
The Commercial Motor Vehicle Safety
Act of 1986 (CMVSA) requires the
Secretary to prescribe regulations on
minimum licensing and testing
standards for persons seeking a
commercial driver’s license (CDL) to
operate a CMV. For purposes of the
CMVSA, the term CMV means (among
other things) a vehicle with a weight or
VerDate Mar<15>2010
13:20 Jun 03, 2011
Jkt 223001
weight rating of at least 26,001 pounds,
compared to a minimum weight
threshold of 10,001 pounds for purposes
of the MCSA [49 U.S.C. chapter 313].
The Administrator of FMCSA has
been delegated the authority to carry out
the functions vested in the Secretary by
the Motor Carrier Act of 1935 [49 CFR
1.73(l)], the MCSA [§ 1.73(g)], and the
CMVSA [§ 1.73(e)(1)]. The provisions
affected by this Notice of Regulatory
Guidance are based on these three
statutes.
Background
This document revises current
regulatory guidance on the applicability
of the definition of a ‘‘driver’’ in 49 CFR
390.5, to ‘‘tillerman,’’ a person exercising
control over the movement of a steerable
rear axle on a CMV. Section 390.5 states
that ‘‘Driver means any person who
operates any [CMV].’’ Today’s guidance
also pertains to CDL requirements for
‘‘* * * every person who operates a
commercial motor vehicle (CMV)
* * *’’ (§ 383.3(a)).
Current Regulatory Guidance
Question 14 to § 390.5 (62 FR 16370,
16407, April 4, 1997) reads as follows:
‘‘Question 14: Is the tillerman who
controls the steerable rear axle of a
vehicle so equipped a driver subject to
the FMCSRs while operating in
interstate commerce?
Guidance: Yes. Although the
tillerman does not control the vehicle’s
speed or braking, the rear-axle steering
he/she performs is essential to prevent
the trailer from off tracking into other
lanes or vehicles or off the highway
entirely. Because this function is critical
to the safe operation of vehicles with
steerable rear axles, the tillerman is a
driver.’’
Reason for This Notice
The FMCSA has received inquiries
from various entities, including the
Professional Escort Vehicle Operators
Association and the Specialized Carriers
and Riggers Association, asking about
other circumstances under which a
person exercising control over a CMV’s
steerable rear axle would be considered
a driver of the CMV under § 383.3 and
thus subject to the CDL requirements, or
a driver under § 390.5 and therefore
subject to many provisions of the
FMCSRs, such as driver qualifications
and hours of service.
In these new scenarios, the tillerman
does not sit on the CMV, but walks
alongside it to use a wired or wireless
remote control to steer the rear axle;
sometimes the tillerman may be in an
escort car. These CMVs are typically
specialized oversize vehicles on which
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Fmt 4700
Sfmt 4700
the rear axle is steered only when
‘‘released’’ and when the CMV is moving
at very slow speeds.1 Under these
circumstances, we do not believe that
the persons operating the steerable rear
axle should be classified as ‘‘tillermen,’’
as the term is used in Question 14. CDL
knowledge and skills testing would
have little relevance to the remotecontrol operation of a steerable rear axle
on an oversized CMV. Therefore,
FMCSA believes it is necessary to
update Question 14 for § 390.5 to
differentiate among persons who might
be considered to be ‘‘tillermen,’’
consistent with the explanation above.
FMCSA considers the tillerman’s
physical location in, on, or around a
CMV to be the most relevant factor in
determining whether the person is a
driver. A tillerman physically located
on a vehicle is likely to be responsible
for steering the rear axles of the CMV at
highway speeds, and should be held
responsible for safe operation of the
vehicle, just like the driver in the cab.
Anyone controlling a steerable rear axle
from outside the CMV would be doing
so under the direction of the person in
the cab, and should not be considered
a driver. Although certain training may
be needed for such remote operators,
that would vary according to the
equipment involved.
For the reasons explained above,
FMCSA issues Regulatory Guidance
Question 34 to § 383.3 and revises
Question 14 of the Regulatory Guidance
to § 390.5 of the FMCSRs.
PART 383—COMMERCIAL DRIVERS
LICENSE STANDARDS;
REQUIREMENTS AND PENALTIES
Section 383.3, ‘‘Applicability.’’
‘‘Question 34: Would a tillerman, a
person exercising control over the
steerable rear axle(s) on a commercial
motor vehicle (CMV), be considered a
driver or ‘‘* * * person who operates a
[CMV] * * *’’ (§ 383.3), and thus subject
to applicable commercial driver’s
license regulations?
Guidance:
A person physically located on the
rear of the CMV who controls a steerable
rear axle while the CMV is moving at
1 Steerable rear axles may have a ‘‘locked’’ or
‘‘unlocked’’ status, used for highway speeds and low
speeds, respectively. The status can be changed by
operation of the trailer controls when the CMV is
not moving. In the ‘‘locked’’ position, the axle may
be completely fixed, or have a limited self-steering
capability, depending on the manufacturer’s design.
In the self-steering mode, the axle automatically
steers itself within a range determined by the
manufacturer to prevent tire scrubbing in turns.
Typically, the unlocked mode is used for overlength CMVs that cannot turn at many roadway
intersections without steering the rear axle under
close guidance of a remote operator.
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Federal Register / Vol. 76, No. 108 / Monday, June 6, 2011 / Rules and Regulations
WReier-Aviles on DSKGBLS3C1PROD with RULES
highway speeds would be considered a
‘‘* * * person who operates a
commercial motor vehicle * * *’’
(§ 383.3), and would therefore be subject
to the applicable commercial driver’s
license regulations in 49 CFR part 383.
A person walking beside a CMV or
riding in an escort car while controlling
a steerable rear axle at slow speeds
would not be considered a ‘‘* * *
person who operates a [CMV] * * *’’
(§ 383.3), and therefore would not be
subject to applicable commercial
driver’s license regulations.’’
VerDate Mar<15>2010
13:20 Jun 03, 2011
Jkt 223001
PART 390—FEDERAL MOTOR
CARRIER SAFETY REGULATIONS;
GENERAL
Section 390.5, ‘‘Definitions.’’
‘‘Question 14: Would a tillerman, a
person exercising control over the
steerable rear axle(s) on a commercial
motor vehicle (CMV), be considered a
driver as defined in § 390.5, and thus
subject to 49 CFR Parts 390 to 399?
Guidance:
A person physically located on the
rear of the CMV who controls a steerable
rear axle while the CMV is moving at
highway speeds would be considered a
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32329
driver as defined in § 390.5 and
therefore would be subject to the
regulations in 49 CFR parts 390–399.
A person walking beside a CMV or
riding in an escort car while controlling
a steerable rear axle at slow speeds
would not be considered a driver as
defined in § 390.5 and would therefore
not be subject to 49 CFR Parts 390 to
399.’’
Issued on: May 25, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011–13902 Filed 6–3–11; 8:45 am]
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Agencies
[Federal Register Volume 76, Number 108 (Monday, June 6, 2011)]
[Rules and Regulations]
[Pages 32327-32329]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13902]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 383 and 390
Regulatory Guidance on the Designation of Steerable Rear Axle
Operators (Tillermen) as Drivers of Commercial Motor Vehicles
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of Regulatory Guidance.
-----------------------------------------------------------------------
SUMMARY: FMCSA issues regulatory guidance concerning the applicability
of the term ``driver'' to ``tillerman,'' a person who controls the
steerable rear axle on a commercial motor vehicle. The term ``driver''
is used in FMCSA's commercial
[[Page 32328]]
driver's license requirements and in the Agency's general safety rules.
This notice provides Federal and State enforcement personnel, and the
motor carrier industry, with uniform guidance as to when certain
Federal rules concerning driver licensing and qualifications are
applicable to tillermen.
DATES: Effective Date: This regulatory guidance is effective June 6,
2011.
FOR FURTHER INFORMATION CONTACT: Thomas L. Yager, Chief, Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations, Federal Motor Carrier Safety Administration, 1200 New
Jersey Ave., SE., Washington, DC 20590. E-mail: MCPSD@dot.gov. Phone
(202) 366-4325.
SUPPLEMENTARY INFORMATION:
Legal Basis
The Motor Carrier Act of 1935 provides that ``The Secretary of
Transportation may prescribe requirements for (1) qualifications and
maximum hours of service of employees of, and safety of operation and
equipment of, a motor carrier; and (2) qualifications and maximum hours
of service of employees of, and standards of equipment of, a motor
private carrier, when needed to promote safety of operation'' [49
U.S.C. 31502(b)].
The Motor Carrier Safety Act of 1984 (MCSA) confers on the
Secretary the authority to regulate drivers, motor carriers, and
vehicle equipment. It requires the Secretary to prescribe safety
standards for commercial motor vehicles (CMVs). At a minimum, the
regulations must ensure that (1) CMVs are maintained, equipped, loaded,
and operated safely; (2) the responsibilities imposed on operators of
CMVs do not impair their ability to operate the vehicles safely; (3)
the physical condition of operators of CMVs is adequate to enable them
to operate the vehicles safely; and (4) the operation of CMVs does not
have a deleterious effect on the physical condition of the operator [49
U.S.C. 31136(a)]. The Act also grants the Secretary broad power to
``prescribe recordkeeping and reporting requirements'' and to ``perform
other acts the Secretary considers appropriate'' [49 U.S.C. 31133(a)(8)
and (10)].
The Commercial Motor Vehicle Safety Act of 1986 (CMVSA) requires
the Secretary to prescribe regulations on minimum licensing and testing
standards for persons seeking a commercial driver's license (CDL) to
operate a CMV. For purposes of the CMVSA, the term CMV means (among
other things) a vehicle with a weight or weight rating of at least
26,001 pounds, compared to a minimum weight threshold of 10,001 pounds
for purposes of the MCSA [49 U.S.C. chapter 313].
The Administrator of FMCSA has been delegated the authority to
carry out the functions vested in the Secretary by the Motor Carrier
Act of 1935 [49 CFR 1.73(l)], the MCSA [Sec. 1.73(g)], and the CMVSA
[Sec. 1.73(e)(1)]. The provisions affected by this Notice of
Regulatory Guidance are based on these three statutes.
Background
This document revises current regulatory guidance on the
applicability of the definition of a ``driver'' in 49 CFR 390.5, to
``tillerman,'' a person exercising control over the movement of a
steerable rear axle on a CMV. Section 390.5 states that ``Driver means
any person who operates any [CMV].'' Today's guidance also pertains to
CDL requirements for ``* * * every person who operates a commercial
motor vehicle (CMV) * * *'' (Sec. 383.3(a)).
Current Regulatory Guidance Question 14 to Sec. 390.5 (62 FR
16370, 16407, April 4, 1997) reads as follows:
``Question 14: Is the tillerman who controls the steerable rear
axle of a vehicle so equipped a driver subject to the FMCSRs while
operating in interstate commerce?
Guidance: Yes. Although the tillerman does not control the
vehicle's speed or braking, the rear-axle steering he/she performs is
essential to prevent the trailer from off tracking into other lanes or
vehicles or off the highway entirely. Because this function is critical
to the safe operation of vehicles with steerable rear axles, the
tillerman is a driver.''
Reason for This Notice
The FMCSA has received inquiries from various entities, including
the Professional Escort Vehicle Operators Association and the
Specialized Carriers and Riggers Association, asking about other
circumstances under which a person exercising control over a CMV's
steerable rear axle would be considered a driver of the CMV under Sec.
383.3 and thus subject to the CDL requirements, or a driver under Sec.
390.5 and therefore subject to many provisions of the FMCSRs, such as
driver qualifications and hours of service.
In these new scenarios, the tillerman does not sit on the CMV, but
walks alongside it to use a wired or wireless remote control to steer
the rear axle; sometimes the tillerman may be in an escort car. These
CMVs are typically specialized oversize vehicles on which the rear axle
is steered only when ``released'' and when the CMV is moving at very
slow speeds.\1\ Under these circumstances, we do not believe that the
persons operating the steerable rear axle should be classified as
``tillermen,'' as the term is used in Question 14. CDL knowledge and
skills testing would have little relevance to the remote-control
operation of a steerable rear axle on an oversized CMV. Therefore,
FMCSA believes it is necessary to update Question 14 for Sec. 390.5 to
differentiate among persons who might be considered to be
``tillermen,'' consistent with the explanation above.
---------------------------------------------------------------------------
\1\ Steerable rear axles may have a ``locked'' or ``unlocked''
status, used for highway speeds and low speeds, respectively. The
status can be changed by operation of the trailer controls when the
CMV is not moving. In the ``locked'' position, the axle may be
completely fixed, or have a limited self-steering capability,
depending on the manufacturer's design. In the self-steering mode,
the axle automatically steers itself within a range determined by
the manufacturer to prevent tire scrubbing in turns. Typically, the
unlocked mode is used for over-length CMVs that cannot turn at many
roadway intersections without steering the rear axle under close
guidance of a remote operator.
---------------------------------------------------------------------------
FMCSA considers the tillerman's physical location in, on, or around
a CMV to be the most relevant factor in determining whether the person
is a driver. A tillerman physically located on a vehicle is likely to
be responsible for steering the rear axles of the CMV at highway
speeds, and should be held responsible for safe operation of the
vehicle, just like the driver in the cab. Anyone controlling a
steerable rear axle from outside the CMV would be doing so under the
direction of the person in the cab, and should not be considered a
driver. Although certain training may be needed for such remote
operators, that would vary according to the equipment involved.
For the reasons explained above, FMCSA issues Regulatory Guidance
Question 34 to Sec. 383.3 and revises Question 14 of the Regulatory
Guidance to Sec. 390.5 of the FMCSRs.
PART 383--COMMERCIAL DRIVERS LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES
Section 383.3, ``Applicability.''
``Question 34: Would a tillerman, a person exercising control over
the steerable rear axle(s) on a commercial motor vehicle (CMV), be
considered a driver or ``* * * person who operates a [CMV] * * *''
(Sec. 383.3), and thus subject to applicable commercial driver's
license regulations?
Guidance:
A person physically located on the rear of the CMV who controls a
steerable rear axle while the CMV is moving at
[[Page 32329]]
highway speeds would be considered a ``* * * person who operates a
commercial motor vehicle * * *'' (Sec. 383.3), and would therefore be
subject to the applicable commercial driver's license regulations in 49
CFR part 383.
A person walking beside a CMV or riding in an escort car while
controlling a steerable rear axle at slow speeds would not be
considered a ``* * * person who operates a [CMV] * * *'' (Sec. 383.3),
and therefore would not be subject to applicable commercial driver's
license regulations.''
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
Section 390.5, ``Definitions.''
``Question 14: Would a tillerman, a person exercising control over
the steerable rear axle(s) on a commercial motor vehicle (CMV), be
considered a driver as defined in Sec. 390.5, and thus subject to 49
CFR Parts 390 to 399?
Guidance:
A person physically located on the rear of the CMV who controls a
steerable rear axle while the CMV is moving at highway speeds would be
considered a driver as defined in Sec. 390.5 and therefore would be
subject to the regulations in 49 CFR parts 390-399.
A person walking beside a CMV or riding in an escort car while
controlling a steerable rear axle at slow speeds would not be
considered a driver as defined in Sec. 390.5 and would therefore not
be subject to 49 CFR Parts 390 to 399.''
Issued on: May 25, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011-13902 Filed 6-3-11; 8:45 am]
BILLING CODE P