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 Wiseman
USDOT contemplates electronic recordkeeping for drug & alcohol documents
The United States Department of Transportation (USDOT) is seeking comments on how its regulations for conducting workplace drug and alcohol testing for federally-regulated transportation companies should be amended to allow the use of electronic signatures and the electronic storage of forms and data. In an Advanced Notice of Proposed Rulemaking (ANPRM) published on August 5, 2022, the USDOT said "the use of electronic forms and signatures . . . will help DOT- regulated employers and their servi
Brandon Wiseman
Trucksafe featured on Haulin' Notes podcast
Trucksafe's Brandon Wiseman and Jerad Childress recently joined Susan Ogle of Canal Insurance's Haulin' Notes podcast to highlight Trucksafe's exciting new initiatives, including: • Trucksafe Academy - Our state-of-the-art, online training platform for fleet owners, safety managers, drivers, and third parties. • Trucksafe LIVE! - A monthly livestream where Trucksafe and its industry-expert guests address the hot-button issues impacting highway transportation. • The Trucksafe Compliance Network
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