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 contemplating electronic vehicle identification tags
Among its flurry of recently-published notices, the Federal Motor Carrier Safety Administration (FMCSA) has announced it is seeking comments on whether the agency should amend its regulations to require "every commercial motor vehicle (CMV) operating in interstate commerce to be equipped with electronic identification (ID) technology capable of wirelessly communicating a unique ID number when queried by a Federal or State motor carrier safety enforcement personnel." The agency's notice is a resp
Brandon Wiseman
FMCSA mulling tweaks to ELD rules
In a notice published in the Federal Register in mid-September 2022, the FMCSA is seeking comments from the public on whether to modify certain portions of its electronic logging device (ELD) rule. That rule, first published in 2015, mandated the use of ELDs by most regulated drivers as a means to more accurately track their daily duty status. According to the FMCSA, “lessons learned by Agency staff, State enforcement personnel, ELD providers, and industry over the last few years can be used to
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
FMCSA declares regional emergency due to Midwest BP refinery fire
The Federal Motor Carrier Safety Administration (FMCSA) has issued a Regional Emergency Declaration in response to the "the unanticipated shutdown of the BP Whiting refinery as a result of a fire on August 24, 2022 that affects the supply of gasoline, diesel, and jet fuel throughout the Affected States." According to sources, the fire affected utilities to multiple units at BP's largest Midwest refinery and has caused a tightening in the regional wholesale supply of fuel. The FMCSA's declaratio
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
BREAKING: SCOTUS denies review in AB5 case
The U.S. Supreme Court on Thursday (6/30) formally denied a petition by the California Trucking Association to review a California federal court's ruling on the controversial 2019 legislation known as AB5. That legislation codifies the so-called "ABC Test" employment classification test in California, making it nearly impossible for carriers to continue to use independent contractor drivers within the state. The court's decision will bring to an end the injunction that has been in place for near
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
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