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
Brandon Wiseman
Trucksafe discusses proposed CSA changes with HDT Talks Trucking
Trucksafe's president Brandon Wiseman recently joined Heavy Duty Trucking's Talks Trucking podcast to discuss the FMCSA's proposed revisions to its Safety Measurement System (SMS) and what those changes could mean for regulated fleets. Catch the replay below or at this link. For an even more in-depth discussion of these changes, check out our recent episode of Trucksafe LIVE! on the topic:About Trucksafe Consulting, LLC: Trucksafe Consulting is a full-service DOT regulatory compliance consulting
FMCSA proposes substantial revisions to its Safety Measurement System (SMS)
The Federal Motor Carrier Safety Administration (FMCSA) is proposing fairly substantial changes to its Safety Measurement System (SMS) also known as CSA, which the agency uses to prioritize motor carriers for enforcement. According to a notice published in the Federal Register on February 15, 2023, "FMCSA continues its commitment to continuously improving SMS to identify motor carriers that present the highest crash risk through a transparent and effective system." We'll break it all down in thi
Brandon Wiseman
FMCSA delivers another blow to hair testing
In a notice to be published in the Federal Register soon, the Federal Motor Carrier Safety Administration (FMCSA) announced its decision to deny a petition filed by The Alliance for Driver Safety & Security--an alliance of large motor carriers--concerning the use of hair testing for DOT-mandated drug tests. If you are a CDL driver or you employ them, you’re familiar with the DOT drug testing process, which has historically relied on urinalysis as the only approved method for conducting DOT-manda
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
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