FMCSA again considering substantial changes to safety ratings
**UPDATE: Since publishing this article, the FMCSA has scheduled an in-person listening session at the Texas Truck Show in Houston on June 29, 2024 to hear from the public on the proposal to modify the safety rating process. The agency also plans to hold additional virtual listening sessions in June and July 2024 on the topic. The Federal Motor Carrier Safety Administration (FMCSA) is once again contemplating significant changes to its Safety Fitness Determinations, commonly known as "safety rat
Brandon Wiseman
FMCSA soliciting waiver requests to reinstate meal & rest break laws
In what seems like an unprecedented move, the Federal Motor Carrier Safety Administration (FMCSA) is soliciting regulatory waiver requests from the public, which, if granted, could reinstate California's and Washington's meal and rest break rules as applied to regulated commercial drivers. In a notice published to the Federal Register on August 14, 2023, the FMCSA explained, "the Agency will consider petitions for waiver of its December 21, 2018, and January 13, 2020, decisions preempting the St
Brandon Wiseman
Federal appeals court rules claims against freight broker after crash are preempted
Earlier this week, the 7th Circuit Court of Appeals--the federal court with appellate jurisdiction over courts in Illinois, Indiana, and Wisconsin--ruled in favor of GlobalTranz, a freight broker, in a highway accident suit brought against it by plaintiff Ying Ye after her husband was killed in a crash caused by a carrier GlobalTranz had engaged to haul freight. The appeal presented the question of whether a plaintiff's claims against a property broker for negligently selecting/hiring an alleged
Brandon Wiseman
FMCSA & NHTSA propose heavy vehicle automatic emergency brake rule
The Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA) published a joint Notice of Proposed Rulemaking on June 22, 2023, which would mandate that all newly-manufactured heavy trucks and buses be equipped with Automatic Emergency Braking (AEB) systems. “Advanced driver assistance systems like AEB have the power to save lives,” said NHTSA Chief Counsel Ann Carlson. “Today’s announcement is an important step forward in improving safety
Brandon Wiseman
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
USDOT approves mouth swabs for regulated drug screens
The USDOT and its subagencies, including the Federal Motor Carrier Safety Administration, have amended their respective drug/alcohol testing regulations to add oral fluid as an authorized testing method for the presence of unlawful drugs. According to the Final Rule to be published in the Federal Register on May 2, 2023 and to become effective 30 days after, “this additional methodology for drug testing will give employers a choice that will help combat employee cheating on urine drug tests and
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
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