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
FMCSA seeking comments on "brokerage" definitions
The Federal Motor Carrier Safety Administration (FMCSA) is seeking responses to several questions that will inform future guidance on the topic of what is "brokerage" and "bona fide agents." In a notice posted to the Federal Register on June 9, 2022, the agency noted its questions come in response to a Congressional directive (Infrastructure Investment and Jobs Act) to clarify the terms "broker" and "bona fide agents" by November 15, 2022. Specifically, FMCSA must, at minimum: FMCSA (1) examine
Brandon Wiseman
FMCSA issues exemption to carriers hauling baby formula
In a notice posted May 23, 2022, the Federal Motor Carrier Safety Administration (FMCSA) declared a national emergency related to the closure of a key manufacturing facility for baby formula and the resulting nationwide formula shortage. According to the notice, "th[e] Emergency Declaration addresses nationwide emergency conditions creating a need for immediate transportation of baby formula, ingredients for the production of baby formula including but not limited to whey, casein, corn syrup and
Brandon Wiseman
FMCSA revives discussion on mandatory state passenger CMV inspections
In a notice soon to be published in the Federal Register, the Federal Motor Carrier Safety Administration (FMCSA) announced it will be reopening comments on its 2016 Advanced Notice of Proposed Rulemaking (ANPRM) concerning mandatory state inspections of certain passenger-carrying commercial motor vehicles (CMVs).In 2016, FMCSA published an ANPRM titled “State Inspection Programs for Passenger-Carrier Vehicles." The ANPRM announced that FMCSA was considering a requirement that States establish a
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