Regulatory and Legislative Update - July 2022
July 16, 2022 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through August 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. Courts Leased owner-operator model outlawed in California as Supreme Court denies cert Supreme Court refuses to consider preemption of broker negligent selection lawsuits Regulation and Enforcement FMCSA removes Arion Tech Inc’s ArionT ELD from list of registered ELDs Comment period ends on broker, bona fide agent definitions Comment period on speed limiters closes July 18 SBTC seeks exemption from language skills requirement FMCSA seeks comments on several bids for driver training exemptions Stevens Transport seeks CDL-related exemption as FMCSA renews two others FMCSA denies HOS exemption for pipeline...
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Truckload Demand Remains Higher than this Time Last Year
July 12, 2022 | Dan Boaz
Based on the latest reports on durable goods manufacturers’ shipments, orders and inventories, freight volume has yet to decline. The most recent numbers from the US Census Bureau show that orders for manufactured durable goods increased in May by 0.7% to $267.2 billion. This follows increases for seven of the past eight months. This May, shipments of manufactured durable goods increased by $3.6 billion or 1.3%, followed by a 0.3 % rise in April. Inventories for manufactured durable goods have now increased for sixteen months and jumped by $2.7 billion, or 0.6%, in May following a 0.9% rise in April. According to Christopher Rupkey, chief economist at New York-based FWDBONDS, “There’s some inflation behind the increase in orders, but, nevertheless, there are a lot of dollars flowing through the economy right now. Businesses would not order new equipment if they thought consumers and...
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Regulatory and Legislative Update - June 2022
June 20, 2022 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through August 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 Labor Department sets forums to explore misclassification issue FMCSA seeks comments on broker, bona fide agent definitions Comment period on speed limiters extended until July 18 Senate panel holds nomination hearing for Hutcheson CVSA sets August 21-27 for Brake Safety Week FMCSA issues emergency declaration for baby formula, extends COVID declaration Owner-operator seeks exemption from various HOS provisions FMCSA renews CDL exemption for transporting certain RVs Truck driving school seeks exemption from instructor qualification requirements Oak Harbor Freight Lines obtains...
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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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