Regulatory Update – December 8, 2023

December 8, 2023

Update on Relevant U.S. Regulations

NHTSA Requests Comments on Crash Injury Research and Engineering Network Study ICR
On Dec. 8, the National Highway Traffic Safety Administration (NHTSA)  comments on an information collection request (ICR) on NHTSA’s Crash Injury Research and Engineering Network investigation-based crash data study. Comments are due by Feb. 6, 2024.

FMCSA Requests Comments on Blue Bird Petition for Inconsequential Noncompliance
On Dec. 6, the Federal Motor Carrier Safety Administration (FMCSA)  comments on a petition for inconsequential noncompliance in which Blue Bird Body Company (Blue Bird) has determined that certain model year (MY) 2019-2024 Blue Bird Vision and MY 2020-2024 Blue Bird All American school buses do not fully comply with Federal Motor Vehicle Safety Standard No. 217, Bus Emergency Exits and Window Retention and Release. Comments are due by Jan. 5, 2024.

U.S. DOT Announces Upcoming Advisory Committee on Human Trafficking Meeting
On Nov. 27, the U.S. Department of Transportation (DOT)  an in-person meeting of the Advisory Committee on Human Trafficking. The meeting will take place on Dec. 13.

Update on Exemptions

FMCSA Requests Comments on FLHSMV Application for Exemption from CDL Skills Testing Regulation
On Dec. 5, FMCSA  comments on an application for exemption from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). FLHSMV is seeking an exemption from the commercial driver’s license (CDL) skills testing regulation to allow the test administrator, at their discretion, to continue testing an applicant who fails the pre-trip inspection or basic vehicle controls segments of the CDL test and allow the applicant to come back on another date to retake the failed segment(s) only. Comments are due by Jan. 4, 2024.

CVSA Active Exemption Tracker
CVSA maintains a  issued by FMCSA. The exemption tracker can be found at cvsa.org under the “Inspections” tab at the top of the page.

Other Items of Interest

FMCSA Issues NEP for Felony Sexual Assault
On Dec. 7, FMCSA  a Notice of Enforcement Policy (NEP) for felony sexual assault to remind state courts and state driver licensing agencies that existing Federal Motor Carrier Safety Regulations require states to disqualify drivers from operating a commercial motor vehicle (CMV) that requires a CDL if they are convicted of using a CMV to commit felony sexual assault. The NEP also promotes awareness of this problem to motor carriers, CMV operators, CDL training programs and others in the CMV industry.

FMCSA Removes Ten ELDs from the List of Registered Devices
On Dec. 1, FMCSA  the following Electronic Logging Devices (ELDs) from its list of registered ELDs and placed them on the revoked devices list.

  • CI ELD LOGS by CV Options LLC
  • ELD 2 GO by ELD 2 GO
  • ELD4TRUCKING by ELD4TRUCKING LLC
  • ELOG365 by EZ ELD Solutions Inc.
  • GOLDEN ELD by GOLDEN ELD
  • POWERTRUCKS ELD by Miran Support LLC
  • STEER RIGHT ELD by STEER RIGHT LLC
  • TruckX-ELD by TruckX Inc.
  • TST 1 ELD by TST Group Inc.
  • WORLD TRUCKING ELD by WORLD TRUCKING LLC

Motor carriers and drivers were instructed to discontinue using the devices listed above and revert to paper logs or other logging software to record required hours-of-service data. The revoked ELDs must be replaced with compliant ELDs from the  before Jan. 30, 2024.

FMCSA Reinstates CI ELD LOGS to the List of Registered ELDs
On Dec. 7, FMCSA  CI ELD LOGS to the list of registered ELDs. Motor carriers and drivers may now use CI ELD LOGS to record and transfer hours-of-service data.