May 3, 2024

On April 27, 2016, The Federal Motor Carrier Safety Administration (FMCSA) Published an Advanced Notice of Proposed Rulemaking (ANPRM) Relating to State Inspections of Passenger Carrying Vehicles (49 CFR 350)

DATES: Comments on this Notice must be filed on or before June 27, 2016.

 

HIGHLIGHTS:  FMCSA announced that it is considering a rulemaking that would require the States to establish a program for annual inspections of passenger- carrying CMVs.  This ANPRM is to assist the FMCSA in assessing the risks associated with improperly maintained or inspected passenger- carrying CMVs by reviewing the effectiveness of existing Federal inspection standards that are applicable to these types of vehicles, and considering the costs and benefits of having a mandatory inspection program.

 

The FMCSA provides 41 questions for comment in the following areas:

 

  • Existing State Mandatory Vehicle Inspection Programs for Passenger- Carrying Commercial Motor Vehicles (CMVs)
  • Measuring Effectiveness of Inspection Programs
  • Inspection Facilities and Locations
  • Costs
  • Current Federal Standards
  • Federal Authority

On March 16, 2016, the Federal Motor Vehicle Safety Administration Published a Notice of Proposed Rulemaking Regarding the Commercial Driver’s License Requirements of the Moving Ahead for Progress in the 21st Century Act and the Military Commercial Driver’s License Act of 2012

DATES:  Comments must be received on or before May 16, 2016

 

SUMMARY: Section 32308 of the Moving Ahead for Progress in the 21st Century Act (MAP–21) [Pub. L. 112–141, 126 Stat. 405, July 6, 2012] required FMCSA to undertake a study to assess Federal and State regulatory, economic, and administrative challenges in obtaining CDLs faced by members and former members of the Armed Forces, who operated qualifying motor vehicles during their service.  After a study by the FMCSA, the NPRM published today proposes the following.

 A.  FMCSA would amend §383.5 by adding a definition of ‘‘military services’’ to the list of definitions in that section.

B.  This NPRM would amend §383.77(b)(1) to allow States to accept Skills Test Waiver applications from military personnel for up to 1 year after they were regularly employed as military CMV drivers. FMCSA believes that this would give former military personnel a better opportunity to obtain a CDL in a way that will not negatively affect safety.

C.  Section 383.79 would allow the State Where the Person Is Stationed and the State of Domicile to Coordinate CLP/ CDL Testing and CDL Issuance.  This proposal makes existing paragraphs (a) and (b) into paragraphs (a)(1) and (2) and adds new paragraphs (b)(1) and (2). New paragraphs (a)(1) and (2) re-codify but do not add new material to those sections currently in the CFR. New paragraphs (b)(1) and (2) add new provisions that outline the provisions for active-duty personnel to obtain CLPs and CDLs

D.  FMCSA would amend 49 CFR 384.301 by adding a new paragraph (j), specifying a 3-year compliance date for States. FMCSA has always given the States 3 years after the effective date of any new CDL rule to come into substantial compliance with its requirements.

On March 16, 2016, The Federal Motor Carrier Administration Published A Rule Extending the Date of Compliance With the Requirements of Subpart F to 49 CFR 390.

DATES: Effective date: March 16, 2016 until January 1, 2018. Compliance date: As of March 16, 2016, the compliance date for the requirements in subpart F to 49 CFR part 390 (§§390.301, 390.303, and 390.305) is extended until January 1, 2018

On November 28, 2015, FMCSA Publishes an Advanced Notice of Proposed Rulemaking Relating to Financial Responsibility for Motor Carriers, Freight Forwarders, and Brokers (49 CFR 387)

DATES:  Comments should be filed on or before February 26, 2015.

 

SUMMARY:  FMCSA is considering a rulemaking to increase the minimum levels of financial responsibility for motor carriers, including liability coverage for bodily injury or property damage in the case of general freight, hazardous materials, and passenger motor carriers. The Agency is also considering a rulemaking pertaining to broker and freight forwarder financial security, trip insurance, bus brokers and self-insurance. FMCSA requests responses to the following issues:

  • The impact on insurance premiums under various assumed requirements;
  • Impacts on smaller versus larger motor carriers of increased minimum levels of responsibility;
  • Compensation issues;
  • Information issues;
  • Time Line for phase-in of new requirements;
  • BMC 84 and 85 Filers and forms; and
  • Trip Insurance, Bus Brokers and Self Insurers.

On June 17, 2015, the Federal Motor Carrier Safety Administration Publish a Notice of Proposed Rulemaking

SUMMARY: FMCSA proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) by adding Section 8 to 49 CFR 393 requiring U.S.- domiciled motor carriers engaged in interstate commerce to use only commercial motor vehicles (CMVs) that display a certification label meeting 49 CFR 567 affixed by the vehicle manufacturer or a U.S. Department of Transportation (DOT) Registered Importer, indicating that the vehicle satisfied all applicable Federal Motor Vehicle Safety Standards (FMVSS)  in effect at the time of manufacture.  If the vehicle does not contain such a label, a letter from the manufacturer or registered importer must be in the vehicle providing the same information.

DATES: Comments must be received by August 3, 2015.