Regulatory and Legislative Update - January 2023
January 18, 2023 | Dan Boaz
Contents Regulation and Enforcement FMCSA proposes changes in broker and forwarder requirements Exemption rejected for including hair testing results into drug clearinghouse FMCSA implements 10-year refresher training and certification for medical examiners DOT modal agencies adjust civil penalties for inflation FMCSA to begin work on vehicle crash causation study Stevens Transport receives CDL-related exemption FMCSA grants two driver training exemptions, denies three Legislation Congress passes fiscal 2023 appropriations law Advocacy and Comment Regulation and Enforcement FMCSA proposes changes in broker and forwarder requirements FMCSA has issued a notice of proposed rulemaking (NPRM) related to establish financial responsibility requirements for brokers and freight forwarders as required by the 2012 law known as Moving Ahead for Progress in the 21st Century Act (MAP-21). The NPRM...
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Regulatory and Legislative Update - December 2022
December 15, 2022 | Dan Boaz
Contents Regulation and Enforcement FMCSA issues interim guidance on definitions of broker and bona fide agents FMCSA plans to narrow scope of emergency declaration relief ‘Interpretive rule’ clarifies applicability of regulations to passenger carriers Withdrawal of passenger inspection rulemaking confirmed by FMCSA Livestock stakeholders are denied broad HOS exemption FMCSA rejects owner-operator’s exemption from various HOS provisions Driver seeks broad exemption from HOS regulations New Hampshire Inmate seeks exemption from two driver training provisions Rosco Vision receives exemption for camera system to replace mirrors Legislation Senate bill would fund truck parking expansion Advocacy and Comment Regulation and Enforcement FMCSA issues interim guidance on definitions of broker and bona fide agents In response to a mandate in last year’s infrastructure law, FMCSA has issued...
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Regulatory and Legislative Update - November 2022
November 14, 2022 | Dan Boaz
Contents Regulation and Enforcement DOL proposes to reverse Trump-era rule on worker classification under FLSA FMCSA’s COVID-19 emergency declaration ends FMCSA rejects SBTC exemption related to the language skills requirement School bus group receives CDL testing exemption regarding engine compartments FMCSA renews UPS exemption from certain ELD requirements FMCSA renews ELD exemption for motion picture-related drivers Legislation House bill would repeal entry-level driver training rule Bill would allow workers to choose independent status with certain protections Advocacy and Comment Regulation and Enforcement DOL proposes to reverse Trump-era rule on worker classification under FLSA The U.S. Department of Labor’s Wage and Hour Division last month proposed a rule to revise WHD’s analysis of determining worker classification under the Fair Labor Standards Act (FLSA). The notice of...
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Regulatory and Legislative Update - September 2022
September 16, 2022 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through October 15, 2022. For the latest version and other guidance related to COVID-19 is available at www.fmcsa.dot.gov/COVID-19. Note that use of the declaration now requires monthly reporting by carriers. Regulation and Enforcement NLRB proposes joint-employer rule to undo Trump-era rule Trucking Alliance seeks exemption for including hair testing results in clearinghouse FMCSA seeks comments on use and benefits of COVID enforcement relief ELDorado ELD removed from list of registered ELDs FMCSA names members of Women in Trucking Advisory Board Community colleges receive funds to train veterans as truck drivers Small carrier seeks HOS exemption to deliver dry and bulk food grade products FMCSA reaffirms denial of driver training exemption for UPS ELD exemption renewed for short-term truck rentals Courts Court...
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Regulatory and Legislative Update - August 2022
August 25, 2022 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through August 31, 2022. For the latest version and other guidance related to COVID-19 is available at www.fmcsa.dot.gov/COVID-19. Note that use of the declaration now requires monthly reporting by carriers. Courts Appeals court upholds the latest changes to HOS rules Appeals court overturns ruling for Schneider in classification case Regulation and Enforcement Registration now open for younger driver apprenticeship program FMCSA denies ELD exemption for elevator maintenance firm School bus association seeks CDL testing exemption regarding engine compartments FMCSA proposes to incorporate CVSA procedures into hazmat permit regs Legislation Clean energy law includes tax credits for electric trucks T&I Committee approves bill to fund truck parking expansion Rep. Mast introduces a package of bills to loosen...
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Regulatory and Legislative Update - July 2022
July 16, 2022 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through August 31, 2022. For the latest version and other guidance related to COVID-19 is available at www.fmcsa.dot.gov/COVID-19. Note that use of the declaration now requires monthly reporting by carriers. Courts Leased owner-operator model outlawed in California as Supreme Court denies cert Supreme Court refuses to consider preemption of broker negligent selection lawsuits Regulation and Enforcement FMCSA removes Arion Tech Inc’s ArionT ELD from list of registered ELDs Comment period ends on broker, bona fide agent definitions Comment period on speed limiters closes July 18 SBTC seeks exemption from language skills requirement FMCSA seeks comments on several bids for driver training exemptions Stevens Transport seeks CDL-related exemption as FMCSA renews two others FMCSA denies HOS exemption for pipeline...
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Truckload Demand Remains Higher than this Time Last Year
July 12, 2022 | Dan Boaz
Based on the latest reports on durable goods manufacturers’ shipments, orders and inventories, freight volume has yet to decline. The most recent numbers from the US Census Bureau show that orders for manufactured durable goods increased in May by 0.7% to $267.2 billion. This follows increases for seven of the past eight months. This May, shipments of manufactured durable goods increased by $3.6 billion or 1.3%, followed by a 0.3 % rise in April. Inventories for manufactured durable goods have now increased for sixteen months and jumped by $2.7 billion, or 0.6%, in May following a 0.9% rise in April. According to Christopher Rupkey, chief economist at New York-based FWDBONDS, “There’s some inflation behind the increase in orders, but, nevertheless, there are a lot of dollars flowing through the economy right now. Businesses would not order new equipment if they thought consumers and...
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Regulatory and Legislative Update - June 2022
June 20, 2022 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through August 31, 2022. For the latest version and other guidance related to COVID-19 is available at www.fmcsa.dot.gov/COVID-19. Note that use of the declaration now requires monthly reporting by carriers. Regulation and Enforcement Labor Department sets forums to explore misclassification issue FMCSA seeks comments on broker, bona fide agent definitions Comment period on speed limiters extended until July 18 Senate panel holds nomination hearing for Hutcheson CVSA sets August 21-27 for Brake Safety Week FMCSA issues emergency declaration for baby formula, extends COVID declaration Owner-operator seeks exemption from various HOS provisions FMCSA renews CDL exemption for transporting certain RVs Truck driving school seeks exemption from instructor qualification requirements Oak Harbor Freight Lines obtains...
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Regulatory and Legislative Update - May 2022
May 19, 2022 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through May 31, 2022. For the latest version and other guidance related to COVID-19 is available at www.fmcsa.dot.gov/COVID-19. Note that use of the declaration now requires monthly reporting by carriers. Regulation and Enforcement FMCSA resurrects plan to require speed limiters on heavy trucks FMCSA revisits state inspection programs for passenger carriers Final rule implements HHG working group recommendations Steel company receives relief for scrap metal haulers FMCSA denies CDL exemption for driveaway carriers transporting empty vehicles FMCSA rejects exemption for bus company’s Mexican-licensed drivers Legislation House bill would eliminate overtime exemption for regulated truck drivers Advocacy and Comment Regulation and Enforcement FMCSA resurrects plan to require speed limiters on heavy trucks As recently...
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Regulatory and Legislative Update - April 2022
April 19, 2022 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through May 31, 2022. For the latest version and other guidance related to COVID-19 is available at www.fmcsa.dot.gov/COVID-19. Note that use of the declaration now requires monthly reporting by carriers. Regulation and Enforcement Biden administration suffers setbacks on independent contractor policies FMCSA seeks applications for task force on lease agreements Hutcheson nominated to serve as FMCSA administrator DOT inspector general reviews FMCSA grants of authority to Mexican carriers Soaring inflation means bigger civil penalties from DOT agencies Werner obtains exemption for drivers who have passed the CDL skills test Legislation Senate passes Ocean Shipping Reform Act, sends measure to House Sen. Lee, Rep. Fischbach introduce revised port relief bills Advocacy and Comment Regulation and Enforcement Biden...
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Regulatory and Legislative Update - March 2022
March 15, 2022 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through February 28. For the latest version and other guidance related to COVID-19 is available at www.fmcsa.dot.gov/COVID-19. Note that use of the declaration now requires monthly reporting by carriers. Regulation and Enforcement FMCSA removes x-ray exam from definition of ‘medical treatment’ FMCSA drops mandate that drivers disclose traffic violations to employers FMCSA withdraws proposals related to CDL testing flexibility EPA proposes tighter NOx, GHG standards for heavy trucks CVSA schedules International Roadcheck for May 17-19 FMCSA adopts rule on mounting of safety devices on windshields Three states win exemption to continue revised CDL testing process FMCSA rejects HOS relief or helicopter firm’s ground support operators Legislation Congress passes final fiscal 2022 appropriations bill Bills would exempt...
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Regulatory and Legislative Update - February 2022
February 9, 2022 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through February 28. For the latest version and other guidance related to COVID-19 is available at www.fmcsa.dot.gov/COVID-19. Note that use of the declaration now requires monthly reporting by carriers. Regulation and Enforcement Safety fitness procedures apparently are next on FMCSA’s regulatory agenda FMCSA adopts new vision standards for commercial drivers FMCSA guidance allows third-party tests to administer all CDL knowledge tests Use of registered training programs now mandatory for new, upgraded CDLs DOT’s roadway safety plan includes several motor carrier elements Robin Hutcheson becomes acting FMCSA administrator FMCSA plans to reduce UCR fees by 27% Legislation Bills would make permanent several pandemic-related CDL waivers Bill would streamline credentialing for transportation workers Advocacy and...
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Regulatory and Legislative Update - January 2022
January 15, 2022 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through February 28. For the latest version and other guidance related to COVID-19 is available at www.fmcsa.dot.gov/COVID-19. Note that use of the declaration now requires monthly reporting by carriers. Regulation and Enforcement Supreme Court blocks vaccination/testing mandate on larger employers Canadian vaccine mandate for U.S. truck drivers takes effect January 15 FMCSA announces younger driver pilot program White House sets strategy to recruit and develop more truck drivers FMCSA’s Joshi leaves agency for New York City post FMCSA again denies exemption from $75,000 broker bond requirement Legislation Bill would allow COVID relief funds to relieve supply chain challenges Advocacy and Comment Regulation and Enforcement Supreme Court blocks vaccination/testing mandate on larger employers The U.S. Supreme Court...
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Regulatory and Legislative Update - December 2021
December 15, 2021 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through February 28. For the latest version and other guidance related to COVID-19 is available at www.fmcsa.dot.gov/COVID-19. Note that use of the declaration now requires monthly reporting by carriers. Legislation House passes ocean shipping reform bill House passes Build Back Better Act House bill would federalize major crash lawsuits, criminalize staging of crashes Proposed legislation seeks to relieve supply chain crunch Bills would set the stage for a shared chassis pool in Memphis Regulation and Enforcement Vaccination/testing mandate still on hold pending Sixth Circuit review AAMVA seeks CDL test exemption for three states Advocacy and Comment Legislation House passes ocean shipping reform bill The U.S. House of Representatives on December 8 passed by a 364 to 60 vote legislation (H.R. 4996) that would...
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Regulatory and Legislative Update - November 2021
November 16, 2021 | Dan Boaz
Contents FMCSA has extended its emergency declaration regarding COVID-19 through November 30. For the latest version and other guidance related to COVID-19 is available at www.fmcsa.dot.gov/COVID-19. Note that use of the declaration now requires monthly reporting by carriers. Legislation Senate version of infrastructure bill becomes law Senate bill would revise hours-of-service rules, lower CDL age to 18 House bill would pay carriers to assist during port congestion, national emergencies Regulation and Enforcement OSHA issues vaccination/testing mandate for employees of larger companies FMCSA requires annual inspections of rear impact guards MCSAC to resume consideration of supply chain issues, regulation of small vehicles FMCSA allows armored car operation to weld front doors shut Courts Supreme Court seeks Justice Department thoughts on AB 5 case Appeals court throws out federal GHG...
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