FMCSA to implement operating authority exemption for providers of recreational activities
According to a June 2023 Notice of Proposed Rulemaking, The Federal Motor Carrier Safety Administration (FMCSA) intends to publish new rules to implement a statutory exemption from the interstate for-hire operating authority requirement for certain providers of "recreational activities." This proposal comes on the heels of the agency's recent efforts to clarify what types of passenger operations implicate other aspects of its regulations. According to the agency, Section 23012 of Congress's Inf
Brandon Wiseman
FMCSA again declines to tackle double brokerage
In a notice to be published in the Federal Register in the next couple of days, the FMCSA issued its "final guidance" on its regulatory definitions of the terms "broker" and "bona fide agent." This final guidance comes on the heels of the agency's "interim guidance" on this same topic, which it published in November of 2022 and which we discussed in detail in this article. The FMCSA's brokerage guidance is a response to Congress' mandate in its Infrastructure Investment and Jobs Act (IIJA). Spec
Brandon Wiseman
FMCSA to broaden Crash Preventability Determination Program
The Federal Motor Carrier Safety Administration (FMCSA) has plans to expand the federal program through which regulated motor carriers challenge the preventability of accidents in which their drivers are involved. According to its notice published on April 12, 2023, the FMCSA proposes to broaden its Crash Preventability Determination Program (CPDP), such that more types of accidents will be eligible for a preventability ruling. The agency first stood up the CPDP in May 2020, following industry c
Brandon Wiseman
FMCSA overhauls Clearinghouse notifications
The federal Drug & Alcohol Clearinghouse--a central repository for drug/alcohol testing data for CDL drivers--has now been in place for more than three years. As we addressed in another article, the Clearinghouse's three-year anniversary in January 2023 brought with it changes to the process that motor carriers must follow when first onboarding CDL drivers. But even more recently, in mid-March, the FMCSA overhauled the way that its Clearinghouse notifies employers (i.e., motor carriers) of any c
Brandon Wiseman
FMCSA proposes to scale back regulatory relief during declared emergencies
According to a notice scheduled to be published in the Federal Register soon, the Federal Motor Carrier Safety Administration (FMCSA) is proposing to "narrow the scope of regulations from which relief is provided automatically for motor carriers providing direct assistance when an emergency has been declared."For decades, the agency's regulations have granted fairly broad regulatory relief to those providing direct assistance to "emergency relief efforts" following emergency declarations issued
Brandon Wiseman
Applicability of federal motor carrier regulations to passenger operations
The Federal Motor Carrier Safety Administration (FMCSA) is the federal agency charged with regulating the interstate operation of commercial motor vehicles. It does so through its promulgation and enforcement of its Federal Motor Carrier Safety Regulations (FMCSRs) in title 49 of the Code of Federal Regulations, Parts 390-399. The manner in which the FMCSA regulates property carriers differs from the way it regulates passenger carriers. As addressed in a prior article, the applicability of the F
Brandon Wiseman
FMCSA clarifies key brokerage definitions
The Federal Motor Carrier Safety Administration (FMCSA), at the direction of the U.S. Congress, has issued regulatory guidance aimed at clarifying the statutory and regulatory definitions of the terms "broker" and "bona fide agent." As explained in the agency's November 15, 2022 notice, this "interim guidance [is intended] to inform the public and regulated entities about FMCSA’s interpretation of the definitions of 'broker' and 'bona fide agents' as it relates to all brokers of transportation b
Brandon Wiseman
COVID-19 emergency HOS exemption lapses
The Federal Motor Carrier Safety Administration (FMCSA) has chosen not to renew its Covid-19 emergency declaration that had been in place since March 2020 and provided some regulatory relief (primarily HOS-related) for carriers and drivers transporting certain commodities as part of the emergency relief efforts like vaccines, food supplies, etc. The declaration, which the agency had renewed several times over the past two years, expired on October 15th. According to the FMCSA's website, "There a
Brandon Wiseman
FMCSA evaluating continued need for COVID emergency declaration
In a notice posted to the Federal Register on September 6, 2022, the Federal Motor Carrier Safety Administration (FMCSA) is seeking comments from regulated motor carriers concerning their use of the existing COVID-19 emergency declaration and exemption, in an effort for the agency to determine whether it should continue to renew that declaration going forward. The FMCSA first issued the declaration on March 13, 2020, offering a fairly broad exemption from various parts of the federal safety regu
Brandon WisemanNever Miss an Update
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