DECEMBER 4, 2018 – We may be just a few weeks away from the end of the year, but the news out of Washington hasn’t started slowing down yet – at least not where the trucking industry is concerned. Earlier this month, the Commercial Vehicle Safety Alliance (CVSA) issued updated guidance for DOT inspectors that advised them not to disrupt drivers who are off-duty or in the sleeper berth for the purpose of conducting a random inspection. According to Collin Mooney, executive director of the CVSA, inspectors are still able to interrupt drivers if they’re parked illegally. If they’re legally parked at a rest stop or elsewhere, however, they shouldn’t be woken up.
In what is perhaps less favorable news for truckers, the FMCSA has increased fines for compliance violations – and those fines went into effect immediately. The agency also announced that off-site audits will become the norm in all 50 states next year…a change that could lead to an increase in the number of compliance audits conducted in 2019 and beyond.
What else is going on in the FMCSA? Here’s a current rundown of pending regulations:
Proposed FMCSA Rules
| FMCSA Rule | Summary | Status |
|---|---|---|
| Application by Certain Mexico-Domiciled Motor Carriers to Operate Beyond U.S. Municipalities and Commercial Zones on the U.S.-Mexico Border | The international agreement would change regulations that govern applications and would require additional information on the applicant’s business and operating practices. | Undetermined. Delays attributed to unanticipated issues requiring further analysis. |
| MAP-21 Enhancements and Other Updates to the Unified Registration System | Would implement several provisions of MAP-21 as they relate to the Unified Registration System. Would update and codify the agency’s procedures for granting, suspending, and revoking registration. The intent is to allow for greater uniformity, transparency, efficiency and predictability in those processes, according to the FMCSA. | Undetermined. An NPRM was published on September 20, with comments accepted through November 22. |
| Certification of Safety Auditors, Safety Investigators, and Safety Inspectors | Would require all inspections, audits and reviews to be conducted by certified officials. | NPRM. Based on comments to the Interim Final Rule (IFR), the agency will issue a Final Rule that addresses issues not clarified in the IFR. |
| Consumer Complaint Information | Would require carriers of household goods to submit quarterly reports of complaints received. | Undetermined. Delays attributed to lack of resources and lack of staffing. |
| Financial Responsibility for Motor Carriers, Freight Forwarders, and Brokers | Would increase minimum insurance requirements for freight and passenger motor carriers. | ANPRM. Publication was projected for last month. No reason has been provided for delays. |
| New Entrant Safety Assurance Process | Would improve methods to ensure new applicant carriers are knowledgeable about safety requirements. | Undetermined. Delays attributed to additional coordination needs. |
| Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating in the United States | This international agreement would implement a system to evaluate the safety fitness of Mexico-domiciled carriers within 18 months of being granted authority to operate in the U.S. Would also establish suspension and revocation procedures. | Undetermined. Delays attributed to unanticipated issues requiring further analysis. |
| Heavy Vehicle Speed Limiters | This rule would require the installation of speed limiting devices on heavy trucks. | NPRM was published on 9/7/16 and ended on 11/7/16. |
| Amendments to Motor Carrier Safety Assistance Program | Proposes amendments to address changes in the Agency’s grant programs resulting from Fixing America’s Surface Transportation (FAST) Act. | NPRM. This rule has seen delays because it’s awaiting the development of additional data. |
| Safe Integration of Automated Driving Systems-Equipped Commercial Motor Vehicles | The FMCSA has requested public comment about the current Federal Motor Carrier Safety Regulations (FMCSRs) and whether they’ll need to updated, modified or eliminated to make the safe introduction of automated driving systems on our nation’s roadways easier. | ANPRM. Comments are currently being accepted. The deadline to submit comments is 3/1/19. |
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