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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How Highway Closure Impacts Hot Shot Trucking California
January 23, 2018 | Dan Boaz
Natural disasters can disrupt any industry, but their impact is particularly serious for logistics companies. The recent mudslides in California are a powerful case in point. By blocking Highway 101, one of the Golden State’s most important roadways, this environmental crisis has diverted trucks from their usual routes. This has significantly increased the cost and difficulty of completing hot shot freight deliveries, hampering the economy of the entire state. Many of the most important deliveries in California run on a route between Santa Maria and Oxnard or Camarillo in the southern part of the state. Even a minor disruption to this route can seriously impact shippers, and the mudslides are far more than a minor disruption. Hot shot freight companies have thus had to reroute many of their vehicles, often by more than 100 miles. The Full Force of Highway Closure To understand the total...
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Louisiana's Transportation Plan To Benefit Hot Shot Trucking Industry
January 16, 2018 | Dan Boaz
After years of discussion and debate from countless stakeholders, Louisiana is starting a new infrastructure project. Governor John Bel Edwards unveiled a $600 million plan to improve the state’s highways. Focusing on widening Interstate 10, this plan will be a boon to Hot Shot Trucking and other transportation companies that traverse the state. Governor Edwards announced the plan on Friday, May 13th, claiming that it was “of the utmost importance for economic development and for convenience to the traveling public.” He drew attention to the “innovative funding mechanism” that officials had developed to pay for the improvements. The state will use GARVEE, or Grant Anticipation Revenue Vehicle Bonds, to cover most of the initial construction costs. They will then pay off these bonds using Federal infrastructure aid over the next 12 years. Municipal and county governments will also chip...
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US Trucking Industry Hauls Record $726 Billion in Freight in 2015
August 16, 2016 | Dan Boaz
2015 was a remarkable year for the US trucking industry which saw it set a new record by hauling freight worth in excess of $726 billion over the twelve months. The latest data is provided by the American Trucking Association (ATA) and signals back-to-back years that freight value has exceeded $700 billion. ATA chief economist Bob Costello explained more; “According to our data, trucking revenues topped $700 billion for a second straight year, setting an all-time record of $726.4 billion in 2015, while trucks moved more than 10 billion tonnes of freight. While the first half of 2016 has been challenging for the industry, trucking is coming off two very strong years and we are optimistic about the future.” Other data from the study reveals that trucking accounted for some 81.5% of the national freight bill last year and that 10.49 billion tonnes of freight were transported in 2015. In...
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