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
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
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
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