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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Regulatory and Legislative Update - March 2021
March 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. Regulation and Enforcement DOL postpones effective date on independent contractor rule DOL withdraws opinions sleeper berth pay, independent contractor status SBA takes steps to improve PPP access for very small businesses FMCSA postpones effective date on rule changing rulemaking procedures Wilson Logistics wins exemption on use of permit-holding drivers Legislation House Democrats reintroduce PRO Act House, Senate bills would establish an advisory board to promote women in trucking House bill would provide HOS relief on perishable agricultural products Open Issues Comment period still open on proposed alternative vision standard Advocacy and Comment Regulation and Enforcement DOL postpones...
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Regulatory and Legislative Update - February 2021
February 5, 2021 | Dan Boaz
Contents FMCSA has updated various guidance related to COVID-19, including guidance related to the Center for Disease Control’s order related to use of masks at “transportation hubs.” For the latest, visit www.fmcsa.dot.gov/COVID-19. Regulation and Enforcement President Biden charts new regulatory course; White House freezes rulemaking Buttigieg confirmed as new DOT secretary, FMCSA deputy named DOL withdraws opinion on safety requirements’ impact on worker status FMCSA proposes alternative vision standard to replace exemption program Proposed pilot on split rest dropped from website Final rule on third-party CDL testing likely dead Medical registry problems limit FMCSA’s oversight of driver qualifications, OIG says CVSA schedules International Roadcheck for May 4-6 FMCSA expands MCSAC membership, appoints new driver subcommittee FMCSA proposes changes in HHG broker disclosures Courts...
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Regulatory and Legislative Update - January 2021
January 14, 2021 | Dan Boaz
Contents FMCSA has modified various guidance related to COVID-19. For the latest, visit www.fmcsa.dot.gov/COVID-19. Regulation and Enforcement DOL finalizes rule to clarify independent contractor status FMCSA proposes to revise HOS guidance on yard moves Final rule announced to allow third-party CDL examiners to test their own trainees FMCSA implements FAST Act requirements on rules and petitions Annual inspections of rear impact guards proposed FMCSA proposes to drop mandate for annual driver reports of traffic violations Railroads win relief from HOS regulations during ‘unplanned events Helicopter firm seeks HOS relief for ground support operators Netradyne receives windshield exemption for safety system Comment period still open on TIA petition Legislation Trucking loses legislative buffer as Democrats control the Senate Applications for the PPP to reopen week of January 11 Advocacy...
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Regulatory and Legislative Update - December 2020
December 11, 2020 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding enforcement relief for drivers and carriers involved in COVID-19 response through February 28, 2021 and has expanded the declaration to specifically include vaccines and related products within the coverage of the declaration. For details, visit www.fmcsa.dot.gov/COVID-19. Regulation and Enforcement FMCSA declares preemption against Washington’s meal and rest break rules Interim final rule clarifies definition of agricultural commodity FMCSA seeks comments on TIA’s petition on reporting mandate, dispatch services FMCSA considers preemption request regarding Illinois carrier ID requirements Ohio carrier obtains exemption for alternate cargo securement for metal coils Minnesota seeks reconsideration of CDL skills testing decision Grote obtains exemption for pulsating warning lamps FMCSA grants windshield exemption to J.J....
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Regulatory and Legislative Update - November 2020
November 12, 2020 | Dan Boaz
Contents The emergency declaration regarding enforcement relief for drivers and carriers involved in COVID-19 response is in place through December 31. For details, visit www.fmcsa.dot.gov/COVID-19. Regulation and Enforcement Coalition urges DOL to affirm that owner-operators are independent contractors FMCSA seeks nominations for Motor Carrier Safety Advisory Committee Comment period extended until November 18 on broker transparency petitions FMCSA to expand pool for military younger driver program FMCSA rejects ELD, HOS relief for drivers traveling with pets Knight-Swift wins limited exemption from MVR update requirement FMCSA approves tank truck group’s exemption allowing pulsating brake light FMCSA rejects mobile medical operation request for HOS relief Samsara, Nauto granted windshield placement exemptions Election Analysis: A Biden administration likely would pursue tighter safety...
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Regulatory and Legislative Update - October 2020
October 7, 2020 | Dan Boaz
Contents FMCSA has extended through December 31 its emergency declaration regarding enforcement relief for drivers and carriers involved in COVID-19 response. For details, visit www.fmcsa.dot.gov/COVID-19. Regulation and Enforcement Labor Department proposes to clarify independent contract status OMB reviewing interim rule on agricultural commodity, livestock definitions TIA seeks rulemaking to end transaction reporting mandate FMCSA rejects bid for HOS relief for drivers using Pronto.ai systems UPS asks FMCSA to reconsider its denial of driver training exemption FMCSA rejects Ohio DPS request to modify skills test rules for veterans Firms receive exemption for mirror-replacement camera system FMCSA denies ELD exemption for pipeline services company Exemption granted regarding fuel systems for stationary auxiliary equipment Legislation Stopgap funding bill also extends highway...
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Regulatory and Legislative Update - September 2020
September 9, 2020 | Dan Boaz
Contents Regulation and Enforcement FMCSA plans pilot programs on 14-hour window, younger drivers OOIDA, SBTC seek rulemakings to expand broker transparency Proposed HHS guidelines on hair testing would require backup alternative FMCSA retreats on carrier size analysis in Beyond Compliance study Railroads seek broad HOS relief for unplanned events IANA training now counts as intermodal inspector qualification J.J. Keller, Netradyne seek windshield exemptions for cameras Courts More appellate courts address final-mile drivers and arbitration Judge rules against Uber, Lyft in AB 5 case; Ninth Circuit hears CTA case ATA files complaint against ocean carriers over intermodal charges Advocacy and Comment Regulation and Enforcement FMCSA plans pilot programs on 14-hour window, younger drivers In separate actions, the Federal Motor Carrier Safety Administration is proposing pilot programs to...
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Regulatory and Legislative Update - August 2020
August 12, 2020 | Dan Boaz
Contents Regulation and Enforcement FMCSA plans pilot programs on 14-hour window, younger drivers OOIDA, SBTC seek rulemakings to expand broker transparency Proposed HHS guidelines on hair testing would require backup alternative FMCSA retreats on carrier size analysis in Beyond Compliance study Railroads seek broad HOS relief for unplanned events IANA training now counts as intermodal inspector qualification J.J. Keller, Netradyne seek windshield exemptions for cameras Courts More appellate courts address final-mile drivers and arbitration Judge rules against Uber, Lyft in AB 5 case; Ninth Circuit hears CTA case ATA files complaint against ocean carriers over intermodal charges Advocacy and Comment Regulation and Enforcement FMCSA plans pilot programs on 14-hour window, younger drivers In separate actions, the Federal Motor Carrier Safety Administration is proposing pilot programs to...
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Regulatory and Legislative Update - July 2020
July 9, 2020 | Dan Boaz
Contents Note: FMCSA’s emergency declaration related to COVID-19 currently runs through July 14, but the latest extension curtails the coverage of the relief. For latest version, visit https://www.fmcsa.dot.gov/COVID-19. Legislation Congress extends PPP through August 8 House passes infrastructure bill with major motor carrier provisions House bill would establish carrier selection standard House bill would expand HOS exemption for agriculture Regulation and Enforcement Safety advocates/Teamsters, CVSA file petition for reconsideration of HOS changes MCSAC to address regulation of smaller vehicles, aging drivers FMCSA finalizes changes to MCSAP Werner gets limited ELD data exemption for transition to new supplier FMCSA renews DOE, SCRA exemptions Advocacy & Comment Legislation Congress extends PPP through August 8 President Trump on July 4 signed legislation (S. 4116) that extends the...
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House Bill 7095 / Section 4202
June 16, 2020 | Dan Boaz
House panel to vote on bill with measures on CSA, SFD, HOS The Democratic leadership of the House Transportation & Infrastructure Committee on June 4 introduced legislation (H.R. 7095) to reauthorize transportation programs following the expiration of the FAST Act on September 30. Title IV of the bill addresses motor carrier safety and includes several significant provisions related to Federal Motor Carrier Safety Administration (FMCSA) regulation and enforcement. The committee plans to mark up the bill on June 17.
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Regulatory and Legislative Update - June 2020
June 3, 2020 | Dan Boaz
Contents Note: FMCSA’s emergency declaration related to COVID-19 currently runs through July 14, but the latest extension curtails the coverage of the relief. For latest version, visit https://www.fmcsa.dot.gov/COVID-19. Legislation Congress extends PPP through August 8 House passes infrastructure bill with major motor carrier provisions House bill would establish carrier selection standard House bill would expand HOS exemption for agriculture Regulation and Enforcement Safety advocates/Teamsters, CVSA file petition for reconsideration of HOS changes MCSAC to address regulation of smaller vehicles, aging drivers FMCSA finalizes changes to MCSAP Werner gets limited ELD data exemption for transition to new supplier FMCSA renews DOE, SCRA exemptions Advocacy & Comment Legislation Congress extends PPP through August 8 President Trump on July 4 signed legislation (S. 4116) that extends the...
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Regulatory and Legislative Update - May 2020
May 7, 2020 | Dan Boaz
Contents For the latest FMCSA guidance related to COVID-19, visit https://www.fmcsa.dot.gov/COVID-19. Regulation and Enforcement FMCSA relaunches Crash Preventability Program NPRM would downgrade CDLs, CLPs for positive drug tests Safety technology firm seeks HOS relief for drivers using its systems SBTC seeks reconsideration of broker bond exemption denial FMCSA again denies SBTC’s ELD exemption bid Pipeline services company seeks ELD exemption Werner seeks limited ELD data exemption for transition to new supplier Samsara seeks windshield placement exemption for dash camera McKee Foods Transportation sleeper berth exemption renewed FMCSA requests comments on DOE, SCRA exemption renewals Advocacy and Comment Crash Preventability Program and Paycheck Protection Program 2 Regulation and Enforcement FMCSA relaunches Crash Preventability Program The Federal Motor Carrier Safety...
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