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
Brandon Wiseman
FMCSA reignites speed limiter proposal for larger trucks
The Federal Motor Carrier Safety Administration is moving forward with its 2016 proposed rulemaking that would require larger trucks to be equipped with speed limiter technology. In an Advanced Notice of Proposed Rulemaking posted on May 3rd, the agency said it is “provid[ing] a series of questions to gather information and data to assist FMCSA in drafting a Supplemental Notice of Proposed Rulemaking” to offer proposed regulatory text and address comments from the initial proposal. The 2016 rule
Brandon Wiseman
FMCSA to increase civil penalties for regulatory violations
The Federal Motor Carrier Safety Administration (FMCSA) is increasing the fine amounts for certain violations of its Federal Motor Carrier Safety Regulations. In a notice to be published in the Federal Register on March 21, 2022, the agency announced its annual inflation adjustments to its civil penalty schedule. These penalties appear in 49 CFR Part 386, Appendix A, and are generally assessed following the discovery of egregious safety violations. Generally speaking, the civil penalty amounts l
Brandon Wiseman
FMCSA withdraws third-party and out-of-state CDL testing rulemakings
In two separate notices to be published on March 9, 2022, the Federal Motor Carrier Safety Administration (FMCSA) is formally withdrawing CDL-related rulemakings that would have provided some flexibility to the knowledge and skills testing process. In the first notice, the agency is withdrawing a proposed rule that would have allowed driver applicants to take the commercial driver’s license (CDL) general and specialized knowledge tests in a state other than the applicants state of domicile. That
Brandon Wiseman
FMCSA to eliminate certificate of violations requirement
In a Final Rule to be published on March 9, 2022, the Federal Motor Carrier Safety Administration (FMCSA) is doing away with the regulatory requirement that drivers operating commercial motor vehicles (CMVs) in interstate commerce prepare and submit a list of their convictions for traffic violations to their employers annually. According to the agency, this requirement "is largely duplicative of a separate rule that requires each motor carrier to make an annual inquiry to obtain the motor vehicl
Brandon Wiseman
DOT proposes to allow oral fluid drug testing
In a notice published to the Federal Register on February 28, 2022, the United States Department of Transportation (USDOT) is proposing to revise its existing drug and alcohol testing rules in 49 CFR Part 40 to, among other things, expand the allowable methods for DOT drug testing to include oral fluids. According to the agency, "this will give employers a choice that will help combat employee cheating on urine drug tests and provide a more economical, less intrusive means of achieving the safet
Brandon Wiseman
Supreme Court strikes down OSHA vaccine mandate for large employers
The U.S. Supreme Court, in its January 13th ruling, halted enforcement of the impending and controversial COVID-19 vaccine mandate issued by the Biden Administration that would have required large employers (i.e., those with more than 100 employees) to ensure workers were either vaccinated or subject to weekly testing. In its 6-3 ruling, the Court noted that, "Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regul
Brandon Wiseman
FMCSA provides details on 18-21 year old apprenticeship program
The FMCSA's Safe Driver Apprenticeship Pilot Program will soon be live. Here's what we know about the program and its requirements so far.
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