Regulatory and Legislative Update - October 2023
October 20, 2023 | Dan Boaz
Contents Regulation and Enforcement White House considering final DOL rule on independent contractor status FMCSA narrows the scope of emergency regulatory relief DOT updates tentative schedule for significant rulemakings Comment periods still open on SMS, DataQs proposals FMCSA to withhold public access to certain carrier data Truck Leasing Task Force to meet October 17 Women of Trucking Advisory Board to meet October 26 Advocacy and Comment Regulation and Enforcement White House considering final DOL rule on independent contract status The White House Office of Management and Budget is reviewing a draft final Department of Labor (DOL) rule that would revise how the Wage and Hour Division (WHD) analyzes worker classification under the Fair Labor Standards Act (FSLA). Although the notice of proposed rulemaking (NPRM) published in October 2022 did not address issues specific to trucking,...
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Regulatory and Legislative Update - September 2023
September 20, 2023 | Dan Boaz
Contents Regulation and Enforcement FMCSA relaunches effort to revamp safety fitness determinations FMCSA proposes a federal appeals process for DataQs DOL proposes to guarantee overtime pay for more workers Lawless named FMCSA assistant administrator and chief safety officer Two devices removed from list of registered ELDs FMCSA announces grants for CDL programs, infrastructure Alaskan ice road school denied skills test exemption Hawaii seeks CDL skills test relief for Lanai and Molokai Legislation Senate considering consolidated funding bill that includes DOT programs Advocacy and Comment Regulation and Enforcement FMCSA relaunches effort to revamp safety fitness determinations FMCSA once again is considering changes to its methodology for determining when a motor carrier is unfit. The advance notice of proposed rulemaking (ANPRM) comes more than six years after the agency withdrew a...
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The History of Hot Shot Trucking in North America
September 5, 2023 | Dan Boaz
Businesses facing shipping emergencies have long counted on hot shot trucking to fill the gaps. But the hotshot field didn’t just pop into existence as it is today. Rather, this bastion of emergency shipping developed slowly over time, emerging and expanding in tandem with the rest of the trucking industry. From the earliest days of pre-automotive transport to the modern era of brokers, reshoring, and JIT production systems, hot shot providers have tailored their services to the most pressing logistical challenges of their eras. By learning this history, businesses can better appreciate the true dynamism of hotshot trucking and understand what it has to offer in any environment. We Can Help " Hot Shot Trucking Prehistory \n Understanding the history of hotshot trucking, ironically, starts with looking back toward a time when there were no trucks! Long before the invention of the...
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What is Hot Shot Trucking? aka HotShot Trucking
August 21, 2023 | Dan Boaz
Modern business is all about strict timelines. Whether your field is manufacturing, extraction, retail, or research and development, your operations are bound to rely on a variety of activities that operate in tandem. The most minor of supply shortages can throw these activities off, potentially costing you thousands of dollars just for a few hours' delay. Success thus hinges on your ability to right the ship as quickly as possible after a supply shortage arises. The quicker you can fill that gap and get things back to business as usual, the more efficient and profitable your business will be over the long haul. Hot shot trucking is the art of dealing proactively with supply issues. Designed specifically to address supply and distribution problems that arise without warning, hotshot trucking tactics involve coordinating a network of carriers in a variety of locations. By calling on the...
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Regulatory and Legislative Update - August 2023
August 18, 2023 | Dan Boaz
Contents Regulation and Enforcement FMCSA to revisit state regulation of drivers’ rest breaks Three devices removed from list of registered ELDs FMCSA updates technical guidance on ELDs Brian Stansbury appointed FMCSA’s chief counsel FMCSA rejects driver’s requested exemption from multiple HOS requirements Legislation Senate DOT funding bill would block younger driver program mandates Senate bill would establish a carrier selection standard House bill would overturn minimum training requirements for new drivers Senate bill would bar FMCSA from implementing a speed limiter rule Courts Federal law preempts negligent selection claim against broker, appeals court rules Advocacy and Comment Regulation and Enforcement FMCSA to revisit state regulation of drivers’ rest breaks The Federal Motor Carrier Safety Administration has taken the unusual step of inviting two states to seek relief from...
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Regulatory and Legislative Update - July 2023
July 19, 2023 | Dan Boaz
Contents Regulation and Enforcement FMCSA close to seeking input on safety fitness determination regulations FMCSA takes steps to address counteract fraudulent carriers Final guidance issued on definitions of brokers and bona fide agents Truck Leasing Task Force holds inaugural session FMCSA plans to address mandate concerning carriers’ knowledge of regulations NHTSA, FMCSA plan to mandate automatic braking systems on new trucks CARB, truck makers reach agreement on emissions regulations FMCSA clarifies reissuance date of guidance on its portal Driver denied request for a 5/5 split of sleeper berth time FMCSA plans to exempt recreational activity providers from authority registration FMCSA grants exemption to allow use of LED flares solely FMCSA still plans to study human interaction with automated driving systems Legislation House DOT funding bill would block speed limiters, address...
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Regulatory and Legislative Update - June 2023
June 16, 2023 | Dan Boaz
Contents Regulation and Enforcement Labor Department nominee concedes federal ABC test is up to Congress Volpe Center supporting FMCSA in test of wireless inspections CVSA announces Operation Safe Driver Week for July 9-15 Women of Trucking Advisory Board to meet June 29 FMCSA launches anti-human trafficking campaign Brenna Marron to head FMCSA’s government affairs office Legislation House T&I Committee approves package of bills related to trucking House bill would expand carriers’ access to driver safety data House bill would allow expanded use of G.I. Bill benefits for CDL training President Biden vetoes Congress’ disapproval of EPA rule on truck emissions Advocacy and Comment Regulation and Enforcement Labor Department nominee concedes federal ABC test is up to Congress President Biden’s nominee to be U.S. Secretary of Labor told a House committee on June 7 that the department has no...
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Regulatory and Legislative Update - May 2023
May 12, 2023 | Dan Boaz
Contents Regulation and Enforcement DOT to allow oral fluids testing for controlled substances FMCSA forms task force on truck leasing FMCSA says states may grant CDLs or CLPs to Mexican citizens under DACA program California mandates zero-emissions vehicles by 2042 Comment periods closing soon on SMS changes, crash preventability program Propane industry denied broad HOS exemption Alaskan ice road school seeks skills test exemption FMCSA renews exemption for lighting during towing CVSA International Roadcheck to be held May 16-18 Legislation Congress likely to vote down EPA rule on truck emissions but not overturn a veto Cuellar bill addresses staged collisions, disclosure of lawsuit funding House bill would bar FMCSA from implementing a speed limiter rule Advocacy and Comment Regulation and Enforcement DOT to allow oral fluids testing for controlled substances The U.S. Department of...
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Regulatory and Legislative Update - April 2023
April 19, 2023 | Dan Boaz
Contents Regulation and Enforcement FMCSA proposes to expand scope of crash preventability review program FMCSA plans rulemaking on broker disclosure of transaction records Hearing for Labor Department nominee Julie Su set for April 20 EPA proposes minimum levels for zero-emissions vehicles All-Ways Track ELD removed from FMCSA’s list of registered devices FMCSA to reduce UCR fees by about 9% in 2024 Docket on proposed SMS changes open until May 16 Legislation House, Senate bills would authorize $755 million for truck parking Florida enacts lawsuit reform legislation Courts Appeals court upholds preemption of broker’s negligent selection Court’s ruling could reopen the door to trucking claims on AB 5 Advocacy and Comment Regulation and Enforcement FMCSA proposes to expand scope of crash preventability review program FMCSA proposed to broaden the scope of existing crash types within the...
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Regulatory and Legislative Update - March 2023
March 15, 2023 | Dan Boaz
Contents Regulation and Enforcement FMCSA extends deadlines in broker proceedings, sets March 31 session Earl Adams named FMCSA deputy administrator; Van Steenburg to retire as CSO Employers to be notified of drivers’ clearinghouse status changes FMCSA issues enforcement policy on actual knowledge of substance violations Pitt Ohio seeks relief from CDL requirement of younger driver program Autonomous vehicle firms seek relief concerning warning devices FMCSA denies carrier’s requested HOS relief for food product delivery FMCSA rejects another driver request for an HOS exemption Driver seeks personal exemption from multiple HOS requirements Driver seeks exemption to allow 5/5 split of sleeper berth time Legislation Bill to repeal FET on trucks and trailers introduced in both Houses of Congress House bill addresses motor vehicle owners’ right to repair Bill would mandate video recording...
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Regulatory and Legislative Update - February 2023
February 15, 2023 | Dan Boaz
Contents Regulation and Enforcement FMCSA proposes to revamp SMS, rejects IRT as ‘overly complex’ FMC judge rules in favor of motor carriers on intermodal chassis choice Further input sought on regulating autonomous trucking operations Three ELDs are removed from FMCSA’s list of registered devices CVSA International Roadcheck scheduled for May 16-18 FMCSA rejects driver’s requested exemption from HOS, ELD requirements Multiple carriers seek exemptions to use pulse lighting systems Legislation Bill reintroduced to establish a carrier selection standard House bill could allow heavier trucks in many situations Bill would allow younger drivers for intrastate port drayage Advocacy and Comment Regulation and Enforcement FMCSA proposes to revamp SMS, rejects IRT as ‘overly complex’ FMCSA has proposed substantial changes to the Safety Measurement System (SMS), but the agency decided against...
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Regulatory and Legislative Update - January 2023
January 18, 2023 | Dan Boaz
Contents Regulation and Enforcement FMCSA proposes changes in broker and forwarder requirements Exemption rejected for including hair testing results into drug clearinghouse FMCSA implements 10-year refresher training and certification for medical examiners DOT modal agencies adjust civil penalties for inflation FMCSA to begin work on vehicle crash causation study Stevens Transport receives CDL-related exemption FMCSA grants two driver training exemptions, denies three Legislation Congress passes fiscal 2023 appropriations law Advocacy and Comment Regulation and Enforcement FMCSA proposes changes in broker and forwarder requirements FMCSA has issued a notice of proposed rulemaking (NPRM) related to establish financial responsibility requirements for brokers and freight forwarders as required by the 2012 law known as Moving Ahead for Progress in the 21st Century Act (MAP-21). The NPRM...
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Regulatory and Legislative Update - December 2022
December 15, 2022 | Dan Boaz
Contents Regulation and Enforcement FMCSA issues interim guidance on definitions of broker and bona fide agents FMCSA plans to narrow scope of emergency declaration relief ‘Interpretive rule’ clarifies applicability of regulations to passenger carriers Withdrawal of passenger inspection rulemaking confirmed by FMCSA Livestock stakeholders are denied broad HOS exemption FMCSA rejects owner-operator’s exemption from various HOS provisions Driver seeks broad exemption from HOS regulations New Hampshire Inmate seeks exemption from two driver training provisions Rosco Vision receives exemption for camera system to replace mirrors Legislation Senate bill would fund truck parking expansion Advocacy and Comment Regulation and Enforcement FMCSA issues interim guidance on definitions of broker and bona fide agents In response to a mandate in last year’s infrastructure law, FMCSA has issued...
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Regulatory and Legislative Update - November 2022
November 14, 2022 | Dan Boaz
Contents Regulation and Enforcement DOL proposes to reverse Trump-era rule on worker classification under FLSA FMCSA’s COVID-19 emergency declaration ends FMCSA rejects SBTC exemption related to the language skills requirement School bus group receives CDL testing exemption regarding engine compartments FMCSA renews UPS exemption from certain ELD requirements FMCSA renews ELD exemption for motion picture-related drivers Legislation House bill would repeal entry-level driver training rule Bill would allow workers to choose independent status with certain protections Advocacy and Comment Regulation and Enforcement DOL proposes to reverse Trump-era rule on worker classification under FLSA The U.S. Department of Labor’s Wage and Hour Division last month proposed a rule to revise WHD’s analysis of determining worker classification under the Fair Labor Standards Act (FLSA). The notice of...
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Regulatory and Legislative Update - September 2022
September 16, 2022 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through October 15, 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 NLRB proposes joint-employer rule to undo Trump-era rule Trucking Alliance seeks exemption for including hair testing results in clearinghouse FMCSA seeks comments on use and benefits of COVID enforcement relief ELDorado ELD removed from list of registered ELDs FMCSA names members of Women in Trucking Advisory Board Community colleges receive funds to train veterans as truck drivers Small carrier seeks HOS exemption to deliver dry and bulk food grade products FMCSA reaffirms denial of driver training exemption for UPS ELD exemption renewed for short-term truck rentals Courts Court...
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