Regulatory and Legislative Update - May 2022
May 19, 2022 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through May 31, 2022. For the latest version and other guidance related to COVID-19 is available at www.fmcsa.dot.gov/COVID-19. Note that use of the declaration now requires monthly reporting by carriers. Regulation and Enforcement FMCSA resurrects plan to require speed limiters on heavy trucks FMCSA revisits state inspection programs for passenger carriers Final rule implements HHG working group recommendations Steel company receives relief for scrap metal haulers FMCSA denies CDL exemption for driveaway carriers transporting empty vehicles FMCSA rejects exemption for bus company’s Mexican-licensed drivers Legislation House bill would eliminate overtime exemption for regulated truck drivers Advocacy and Comment Regulation and Enforcement FMCSA resurrects plan to require speed limiters on heavy trucks As recently...
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Regulatory and Legislative Update - April 2022
April 19, 2022 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through May 31, 2022. For the latest version and other guidance related to COVID-19 is available at www.fmcsa.dot.gov/COVID-19. Note that use of the declaration now requires monthly reporting by carriers. Regulation and Enforcement Biden administration suffers setbacks on independent contractor policies FMCSA seeks applications for task force on lease agreements Hutcheson nominated to serve as FMCSA administrator DOT inspector general reviews FMCSA grants of authority to Mexican carriers Soaring inflation means bigger civil penalties from DOT agencies Werner obtains exemption for drivers who have passed the CDL skills test Legislation Senate passes Ocean Shipping Reform Act, sends measure to House Sen. Lee, Rep. Fischbach introduce revised port relief bills Advocacy and Comment Regulation and Enforcement Biden...
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Regulatory and Legislative Update - March 2022
March 15, 2022 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through February 28. For the latest version and other guidance related to COVID-19 is available at www.fmcsa.dot.gov/COVID-19. Note that use of the declaration now requires monthly reporting by carriers. Regulation and Enforcement FMCSA removes x-ray exam from definition of ‘medical treatment’ FMCSA drops mandate that drivers disclose traffic violations to employers FMCSA withdraws proposals related to CDL testing flexibility EPA proposes tighter NOx, GHG standards for heavy trucks CVSA schedules International Roadcheck for May 17-19 FMCSA adopts rule on mounting of safety devices on windshields Three states win exemption to continue revised CDL testing process FMCSA rejects HOS relief or helicopter firm’s ground support operators Legislation Congress passes final fiscal 2022 appropriations bill Bills would exempt...
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Regulatory and Legislative Update - February 2022
February 9, 2022 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through February 28. For the latest version and other guidance related to COVID-19 is available at www.fmcsa.dot.gov/COVID-19. Note that use of the declaration now requires monthly reporting by carriers. Regulation and Enforcement Safety fitness procedures apparently are next on FMCSA’s regulatory agenda FMCSA adopts new vision standards for commercial drivers FMCSA guidance allows third-party tests to administer all CDL knowledge tests Use of registered training programs now mandatory for new, upgraded CDLs DOT’s roadway safety plan includes several motor carrier elements Robin Hutcheson becomes acting FMCSA administrator FMCSA plans to reduce UCR fees by 27% Legislation Bills would make permanent several pandemic-related CDL waivers Bill would streamline credentialing for transportation workers Advocacy and...
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Regulatory and Legislative Update - January 2022
January 15, 2022 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through February 28. For the latest version and other guidance related to COVID-19 is available at www.fmcsa.dot.gov/COVID-19. Note that use of the declaration now requires monthly reporting by carriers. Regulation and Enforcement Supreme Court blocks vaccination/testing mandate on larger employers Canadian vaccine mandate for U.S. truck drivers takes effect January 15 FMCSA announces younger driver pilot program White House sets strategy to recruit and develop more truck drivers FMCSA’s Joshi leaves agency for New York City post FMCSA again denies exemption from $75,000 broker bond requirement Legislation Bill would allow COVID relief funds to relieve supply chain challenges Advocacy and Comment Regulation and Enforcement Supreme Court blocks vaccination/testing mandate on larger employers The U.S. Supreme Court...
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Regulatory and Legislative Update - December 2021
December 15, 2021 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through February 28. For the latest version and other guidance related to COVID-19 is available at www.fmcsa.dot.gov/COVID-19. Note that use of the declaration now requires monthly reporting by carriers. Legislation House passes ocean shipping reform bill House passes Build Back Better Act House bill would federalize major crash lawsuits, criminalize staging of crashes Proposed legislation seeks to relieve supply chain crunch Bills would set the stage for a shared chassis pool in Memphis Regulation and Enforcement Vaccination/testing mandate still on hold pending Sixth Circuit review AAMVA seeks CDL test exemption for three states Advocacy and Comment Legislation House passes ocean shipping reform bill The U.S. House of Representatives on December 8 passed by a 364 to 60 vote legislation (H.R. 4996) that would...
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Regulatory and Legislative Update - November 2021
November 16, 2021 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through November 30. For the latest version and other guidance related to COVID-19 is available at www.fmcsa.dot.gov/COVID-19. Note that use of the declaration now requires monthly reporting by carriers. Legislation Senate version of infrastructure bill becomes law Senate bill would revise hours-of-service rules, lower CDL age to 18 House bill would pay carriers to assist during port congestion, national emergencies Regulation and Enforcement OSHA issues vaccination/testing mandate for employees of larger companies FMCSA requires annual inspections of rear impact guards MCSAC to resume consideration of supply chain issues, regulation of small vehicles FMCSA allows armored car operation to weld front doors shut Courts Supreme Court seeks Justice Department thoughts on AB 5 case Appeals court throws out federal GHG...
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Regulatory and Legislative Update - October 2021
October 7, 2021 | Dan Boaz
Contents Regulation and Enforcement DOT seeks input on ‘supply chain resilience’ in freight and logistics FMCSA rule to link clearinghouse data to CDL Reporting requirement for FMCSA COVID declaration kicked in October 1 FMCSA renews steel company’s exemptions from HOS and securement rules Oak Harbor Freight Lines seeks exemption on driver training instructors Keep Truckin seeks windshield exemption Legislation Infrastructure bill remains in limbo Senate bill would bar vaccination mandate for interstate passenger travel Courts Supreme Court acts in two cases related to trucking Advocacy and Comment Regulation and Enforcement DOT seeks input on ‘supply chain resilience’ in freight and logistics The U.S. Department of Transportation is requesting comments by October 18 on ways to address near-term and future constraints in the transportation sector, especially for ports, rail, and...
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Regulatory and Legislative Update - September 2021
September 17, 2021 | Dan Boaz
Contents Regulation and Enforcement FMCSA seeks feedback on Part 379 records retention requirements FMCSA extends COVID enforcement relief, seeks carrier reports on its use CVSA policy adopted as certification standards for driver/vehicle inspections Comments due September 23 on MRB report regarding alternative vision standard FMCSA plans to renew consumer complaint database FMCSA seeks approval for information collection related to waivers and exemptions Werner seeks exemption for drivers who have passed the CDL skills test Steel company seeks HOS relief for scrap metal haulers Legislation House bill seeks to tighten regulations on ocean shipping Courts California to respond to CTA’s Supreme Court petition next month Advocacy and Comment Legislation FMCSA seeks feedback on Part 379 records retention requirements FMCSA is requesting comments by September 23 on the necessity and...
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Regulatory and Legislative Update - August 2021
August 13, 2021 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through August 31. For the latest version and other guidance related to COVID-19 is available at www.fmcsa.dot.gov/COVID-19. Legislation Senate passes bipartisan infrastructure bill with motor carrier provisions House passes fiscal 2022 funding for DOT Senate bill would repeal excise tax on trucks and trailers Courts California Trucking Association asks Supreme Court to review AB 5 ruling Regulation and Enforcement EPA eyes further regulation on NOx and greenhouse gases FMCSA deletes ‘on-site’ from definition of a compliance review FMCSA codifies statutory mandate for electronic exchange of CDL driver info Proposes rule would implement HHG working group recommendations FMCSA seeks medical records missing due to registry outage ATA seeks exemption to allow TMC training to establish inspector qualification Bus...
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Regulatory and Legislative Update - July 2021
July 13, 2021 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through August 31. The latest version and other guidance related to COVID-19 is available at www.fmcsa.dot.gov/COVID-19. Courts Enforcement of AB 5 on trucking is on hold pending Supreme Court action Supreme Court set to decide whether to review broker preemption case Legislation House passes transportation bill in narrow partisan vote Senate panel advances transportation bill with motor carrier provisions Regulation and Enforcement MCSAC to consider supply chains, aging drivers, and regulation of delivery operations CVSA’s Operation Safe Driver Week set for July 11-17 FMCSA extends compliance date on medical examiner certification provisions FMCSA proposes changes in its regulations on windshield-mounted devices Firm seeks exemption for pulse lighting system Advocacy and Comment Courts Enforcement of AB 5 on...
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Regulatory and Legislative Update - June 2021
June 10, 2021 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through August 31. The latest version and other guidance related to COVID-19 is available at www.fmcsa.dot.gov/COVID-19. Courts Supreme Court asked to rule on preemption of common law claims against brokers Appeals CTA seeks rehearing of 9th Circuit ruling on AB 5 Legislation Organizations ask Senate to support independent contractor model House panel approves infrastructure bill with numerous motor carrier provisions House carrier section bill would mandate new safety fitness rule Texas legislature enacts reform of CMV crash litigation Regulation and Enforcement DOT seeks public input on data and tools to help assess transportation equity Waste Management seeks brake lighting exemption Advocacy and Comment Courts Supreme Court asked to rule on preemption of common law claims against brokers C.H. Robinson has asked...
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Regulatory and Legislative Update - May 2021
May 4, 2021 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through May 31. For the latest version and other guidance related to COVID-19 is available at www.fmcsa.dot.gov/COVID-19. Courts Appeals court panel rules that California can enforce AB 5 on motor carriers Legislation Senate Republicans float a smaller infrastructure bill; House plans action in May Texas legislature advances reform of CMV crash litigation Regulation and Enforcement Joshi nominated as FMCSA administrator FMCSA proposes to extend deadline related to medical examiner certification FMCSA’s Medical Review Board to meet May 19-20 Advocacy and Comment Courts Appeals court panel rules that California can enforce AB 5 on motor carriers The State of California may soon be allowed to outlaw motor carriers’ use of leased owner-operators within the state following a key federal appeals court decision. On April...
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Regulatory and Legislative Update - April 2021
April 9, 2021 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through May 31. For the latest version and other guidance related to COVID-19 is available at www.fmcsa.dot.gov/COVID-19. Regulation and Enforcement DOL proposes to withdraw rule on worker classification DOT rescinds Trump administration’s changes on rulemakings, guidance CVSA to hold enforcement events in May and July Bus operator seeks exemption from full clearinghouse query in hiring Armored car operation seeks exemption to weld front doors shut FMCSA grants windshield exemption to Bendix Legislation West Virginia law allows clear path to independent contractor status Biden infrastructure plan envisions passage of the PRO Act Bills reintroduced to allow 18-year-old interstate drivers under specific conditions House and Senate bills would require underride protection rulemaking House bill would authorize $755...
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Regulatory and Legislative Update - March 2021 Addendum
March 13, 2021 | Dan Boaz
Contents Legislation House passes PRO Act with strict ABC test COVID RELIEF ALERT – New Legislation Could Provide Additional Relief for Small Carriers and Brokers Advocacy and Comment Legislation House passes PRO Act with strict ABC test The U.S. House of Representatives on March 8 passed on a party line 225 to 206 vote legislation that would mandate a federal ABC test for worker classification similar to that in California’s AB 5. The Protecting the Right to Organize (PRO) Act (H.R. 842) now moves to the Senate. The same legislation passed the House in the 116th Congress but died in the Republican-controlled Senate. Although Democrats technically control the Senate by virtue of Vice President Harris’ tie-breaking vote, H.R. 842 faces an uphill battle owing to the filibuster. Some observers believe that killing the filibuster altogether would be the only path to final passage of the...
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