Regulatory Updates – Jan. 6, 2017

Update on Relevant U.S. Regulations

FMCSA Seeks Comment on CMV Financial Responsibility

On Dec. 30, 2016, the Federal Motor Carrier Safety Administration (FMCSA) issued a notice of its plan to submit an information collection request (ICR) to the Office of Management and Budget (OMB) for its review and approval. The collection involves an extension to a currently approved ICR related to financial responsibility for commercial motor vehicle (CMV) operators. The ICR includes financial responsibility requirements for motor carriers, freight forwarders and brokers as prerequisites to conducting transportation services. Comments are due by Feb. 28, 2017.

 

FMCSA Announces ACAT Meeting on Autonomous Vehicles

On Dec. 29, 2016, FMCSA announced a meeting of the Advisory Committee on Automation in Transportation (ACAT) on Jan. 16, 2017. The committee will discuss automated vehicle research, policy and regulation as well as provide advice and recommendations to the secretary of transportation. The meeting will be open to the public.

 

FMCSA Announces UCR Plan Board Meeting

On Dec. 28, 2016, FMCSA announced a Unified Carrier Registration (UCR) Board of Directors meeting on Feb. 7, 2017. The board will continue its work in developing and implementing the UCR plan and agreement and may also consider other matters before the board. The meeting will be open to the public.

 

FMCSA Issues Guidance for CMV Staffing Agencies

On Dec. 23, 2016, FMCSA issued guidance for driver staffing agencies who employ CMV operators and who are subject to commercial driver’s license (CDL) requirements. The guidance clarifies that staffing agencies may be responsible for ensuring compliance with U.S. Department of Transportation (DOT) drug and alcohol program requirements including drug and alcohol testing, driver education and record retention. The guidance also defines “casual, intermittent and occasional” drivers and explains that employers who use these drivers must verify the driver’s participation in a DOT drug and alcohol testing program every six months. The guidance was effective Dec. 23, 2016.

U.S. DOT Releases Semiannual Rulemaking Summary

Also on Dec. 23, 2016, the U.S. DOT released the semiannual summary of completed, current and projected rulemakings. The summary includes updates regarding the CDL drug and alcohol clearinghouse final rule, an extension of the comment period for the safety fitness determination rulemaking and the completion of the final rule for windshield-mounted devices on CMVs.

Update on Exemptions

Dillon Requests HOS Exemption

On Jan. 6, 2017, FMCSA announced that Dillon Transportation (Dillon) had requested an exemption from hours-of-service (HOS) regulations. Specifically, Dillon requests its drivers be allowed to take ten consecutive hours off duty by splitting time spent in a sleeper berth into two periods totaling ten hours provided neither of the two periods is less than 3 hours. Comments are due by Feb. 6, 2017.

CVSA Active Exemption Tracker

CVSA maintains a list of active exemptions issued by FMCSA. Members can access the document by logging into their CVSA member account and clicking on the “Exemptions Tracker” tab at the top of the page.