Regulatory Update – Jan. 24, 2020

January 24, 2020

Update on Relevant U.S. Regulations

NHTSA Extends ADAS Draft Research Comment Period
On Jan. 22, 2020, the National Highway Traffic Safety Administration (NHTSA) published an extension to the comment period for the request for comments on the advanced driver assistance systems (ADAS) draft research test procedures, which was published on Nov. 21, 2019. The notice requests input on the validity of the proposed procedures for assessing a system’s performance. Comments are now due by Mar. 6.

FMCSA Publishes Determination on California Meal and Rest Break Preemption Petition
On Jan. 21, 2020, the Federal Motor Carrier Safety Administration (FMCSA) published a determination that California’s meal and rest break requirements create an unnecessary delay in the transportation of passengers. The determination preempts the requirement for drivers of passenger-carrying commercial motor vehicles. FMCSA made this determination in response to a petition from the American Bus Association, published on May 9, 2019.

PHMSA Publishes Updates on Special Permits
On Jan. 16, 2020, the Pipelines and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

FMCSA Publishes Large Truck Crash Causal Factors Study RFI
On Jan. 15, 2020, FMCSA published a request for information (RFI) on how to best design and conduct a study to identify factors contributing to reportable large truck crashes. Comments are due by March 16.

Update on Exemptions

FMCSA Grants VSNA Rear-Vision Mirror Exemption Request
On Jan. 15, 2020, FMCSA announced approval of Vision Systems North America Inc.’s (VSNA) five-year limited exemption allowing motor carriers to utilize the company’s Smart-Vision camera monitoring system instead of two rear-vision mirrors. The exemption is effective Jan. 15, 2020-Jan. 15, 2025.

FMCSA Requests Comments on Commercial Motor Vehicle Marking Requirements Exemption Request
On Jan. 14, 2020, FMCSA published a notice and request for comments on a joint application from Adirondack Transit Lines Inc., Pine Hill Kingston Bus Corp. and Passenger Bus Corp. for exemption from the passenger carrier marking requirements. The applicants request that they be exempt from the requirement to display the name and U.S. Department of Transportation number of the carrier operating the commercial motor vehicle when they are operating interchanged passenger-carrying vehicles. Comments are due by Feb. 13.

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

CVSA Letters, Petitions and Comments to Rulemakings

CVSA Submits Comments on Hemp IFR
On Jan. 13, 2020, CVSA submitted comments to the U.S. Department of Agriculture’s Agricultural Marketing Service’s interim final rule (IFR) on the production of hemp. The IFR, which was a result of the 2018 Farm Bill, allows for the legal interstate transportation of hemp. CVSA’s comments outline the information that needs to be included in the final rule to ensure that law enforcement will be able to determine the safety and validity of loads of hemp being transported.