May 21, 2024

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Archives for July 2016

On July 22, 2016 the Federal Motor Carrier Safety Administration Published a Final Rule Implementing Several Provisions of the FAST Act in 49 CFR PARTS 365, 381, 383, 390, 391, 392, 393, 395, and 396.

July 22, 2016 by

DATES: This Final Rule is Effective July 22, 2016.  Petitions for Reconsideration must be received by August 22, 2016.

EXCERPTS:  V. Section-by-Section Analysis

Part 365–In §365.101, paragraph (j) is added to exempt pipeline welding trucks from the rules of part 365.

Part 381–In §381.300, paragraph (b) is revised, changing the timeframe from 2 years to 5 years. Section 381.317 is added to allow an application for exemption to be resubmitted if it has been denied.

Part 383–In §383.3, a new paragraph (i) is added to provide that a State may waive the requirement that a driver obtain a hazardous materials endorsement to transport diesel fuel under certain circumstances.

Part 390–FMCSA adds new §390.38 to exempt pipeline welding trucks from certain requirements of the FMCSRs. Paragraph (a) describes those parts of the FMCSRs from which the pipeline welding truck is exempt. Paragraph (b) provides a definition of ‘‘pipeline welding truck.’’ In §390.39, paragraph (b)(1) is revised to reflect changes in the statutes concerning exemptions found in State laws for covered farm vehicles.

Part 391–In §391.2, paragraph (e) is added to exempt drivers of pipeline welding trucks from the rules of part 391.

Part 392–In §392.1, the existing text is designated as paragraph (a), and a paragraph (b) is added to exempt drivers of pipeline welding trucks from the rules of part 392.

Part 393–In §393.1, paragraph (e) is added to exempt pipeline welding trucks from the rules of part 393.

Part 395–FMCSA makes a number of changes to §395.1 to exempt certain operations from aspects of the hours of service rules.

  • Paragraph (e)(1) is changed to provide that drivers of ready-mixed concrete delivery vehicles who are on duty for 14 consecutive hours may be exempt from the requirements of §395.8.
  • Section 395.1(t) is added to allow the driver of a ready-mixed concrete delivery vehicle to use 30-minutes or more of time spent waiting with the vehicle to meet the requirement for the 30-minute rest break in §395.3(a)(3)(ii).
  • Paragraphs (u) and (v) are added to exempt drivers engaged in the interstate transportation of bees or livestock, respectively, from the requirement for a 30-minute rest break.
  • FMCSA adds paragraph (w) to provide that on-duty time for the driver of a hi-rail vehicle does not include time in transportation to or from a duty assignment under certain circumstances.
  • Paragraph (x) exempts drivers of pipeline welding trucks from the rules of part 395.
  • The definitions in §395.2 are changed to conform to the changes in the statutes. FMCSA adds definitions of ‘‘hi- rail vehicle,’’ ‘‘livestock,’’ and ‘‘ready- mixed concrete delivery vehicle.’’ FMCSA changes the definition of ‘‘transportation of construction material and equipment’’ to increase the air mile radius to the normal work reporting location. The definition is also changed to allow the States to establish a different air mile radius limitation upon notice to the Administrator.
  • Section 395.8(a) is changed to allow a motor carrier to require the driver transporting a motor home or recreation vehicle trailer, in a driveaway-towaway operation, to record his or her records of duty status manually.

Part 396–In §396.1, paragraph (d) is added to exempt pipeline welding trucks from the rules of part 396.

Filed Under: FMCSA

On July 22, 2016 the Federal Motor Carrier Safety Administration Published a Final Rule Making General Amendments to Regulations Dealing with Parts and Accessories Necessary for Safe Operation; Inspection, Repair, and Maintenance, (49 CFR 393 and 396)

July 22, 2016 by

DATES: This Final Rule is Effective July 22, 2016.  Petitions for Reconsideration must be received by August 22, 2016.

In response to several petitions for rulemaking from the Commercial Vehicle Safety Alliance (CVSA) and the American Trucking Associations (ATA), and two safety recommendations from the National Transportation Safety Board (NTSB), the Agency:

  • Adds a definition of ‘‘major tread groove’’ and an illustration to indicate the location of tread wear indicators or wear bars on a tire signifying a major tread groove;
  • Revises the rear license plate lamp requirement to eliminate the requirement for an operable rear license plate lamp on vehicles when there is no rear license plate present;
  • Amends the regulations regarding tires to prohibit the operation of a vehicle with speed- restricted tires at speeds that exceed the rated limit of the tire;
  • Provides specific requirements regarding when violations or defects noted on an inspection report must be corrected;
  • Amends two appendixes to the FMCSRs to include provisions for the inspection of antilock braking systems (ABS) and automatic brake adjusters, speed-restricted tires, and motorcoach passenger seat mounting anchorages;
  • Amends the periodic inspection rules to eliminate the option for a motor carrier to satisfy the annual inspection requirement through a violation–free roadside inspection; and
  • Amends the inspector qualification requirements as a result of the amendments to the periodic inspection rules.

In addition, the Agency eliminates introductory regulatory text from an appendix to the FMCSRs because the discussion of the differences between the North American Standard Inspection out-of-service criteria and FMCSA’s periodic inspection criteria is unnecessary.

 

Filed Under: FMCSA

On July 22, 2016 the Federal Motor Carrier Safety Administration Published a Final Rule Amending Its Regulatory Guidance Concerning Periodic Inspection of Commercial Motor Vehicles

July 22, 2016 by

DATES:  This regulatory guidance is effective July 22, 2016.

EXCERPTS:  This amendment to the Regulatory Guidance Issued in 1993 is to make Section 396.17 consistent with the other Final Rules published by the FMCSA on July 22, 2016.  This amends: answers to question in 396.17, as follows:

Section 396.17, Question 1: Some of a motor carrier’s vehicles are registered in a State with a mandated inspection program which has been determined to be as effective as the Federal periodic inspection program, but these vehicles are not used in that State. Is the motor carrier required to make sure the vehicles are inspected under that State’s program in order to meet the Federal periodic inspection requirements? Guidance: If the State requires all vehicles registered in the State to be inspected through its mandatory program, then the motor carrier must use the State program to satisfy the Federal requirements. If, however, the State inspection program includes an exception or exemption for vehicles which are registered in the State but domiciled outside of the State, then the motor carrier may meet the Federal requirements through a self-inspection, a third party inspection, or a periodic inspection performed in any State with a program that the Federal Motor Carrier Administration (FMCSA) determines is comparable to, or as effective as, the part 396 requirements. Section 396.23, Question 1: Can a violation-free Commercial Vehicle Safety Alliance (CVSA) Level I or Level V inspection be used to satisfy the periodic inspection requirements of §396.17? Guidance: No, a CVSA Level I or Level V inspection is not equivalent to the Federal periodic inspection requirements.

 

Filed Under: FMCSA

On July 2, 2016, NHTSA Published an Interim Final Rule Adjusting the Amounts of Civil Penalties for Inflation 49 CFR 578

July 13, 2016 by

DATES: The rule is effective on August 4, 2016.  Petitions for Reconsideration must be filed on or before August 19, 2016

 

SUMMARY:

578.6(a) Motor vehicle safety—(1) In general. A person who violates any of sections 30112, 30115, 30117 through 30122, 30123(a), 30125(c), 30127, or 30141 through 30147 of Title 49 of the United States Code or a regulation prescribed under any of those sections is liable to the United States Government for a civil penalty of not more than $21,000 for each violation. A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by any of those sections. The maximum civil penalty under this paragraph for a related series of violations is $105,000,000.

(2) School buses—A violation of Section 30112(a)(1) shall result in a civil penalty of not more than $11,940 per violation and no more than $17,909,550 for a series of related violations

(3) A violation of 30166 can result in a maximum civil penalty of $21,000 per individual violation and a maximum of $105,000,000 for a related series of violations.

(4) False and Misleading Reports-a maximum of $5,141 per day or a maximum of $1,028,190 for a series of daily violations.

(b) National Automobile Title Information System. An individual or entity violating 49 U.S.C. Chapter 305 is liable to the United States Government for a civil penalty of not more than $1,677 for each violation.

(c) Bumper standards. $2,750 per violation. $3,062,500 maximum for a related series of violations

(d) Consumer Information (1) Crash- worthiness and damage susceptibility. A person who violates 49 U.S.C. 32308(a), regarding crashworthiness and damage susceptibility, is liable for a civil penalty of not more than $2,750 for each violation. Each failure to provide information or comply with a regulation in violation of 49 U.S.C. 32308(a) is a separate violation. The maximum penalty for a related series of violations is $1,500,000.

(2) Consumer tire information. Any person who fails to comply with the national tire fuel efficiency program under 49 U.S.C. 32304A is liable for a civil penalty of not more than $56,917 for each violation.

(e) Country of origin content labeling. A manufacturer of a passenger motor vehicle distributed in commerce for sale in the United States that willfully fails to attach the label required under 49 U.S.C. 32304 to a new passenger motor vehicle that the manufacturer manufactures or imports, or a dealer that fails to maintain that label as required under 49 U.S.C. 32304, is liable for a civil penalty of not more than $1,677 for each violation. Each failure to attach or maintain that label for each vehicle is a separate violation.

(f) Odometer tampering and disclosure. (1) A person that violates 49 U.S.C. Chapter 327 or a regulation prescribed or order issued thereunder is liable to the United States Government for a civil penalty of not more than $10,281 for each violation. A separate violation occurs for each motor vehicle or device involved in the violation. The maximum civil penalty under this paragraph for a related series of violations is $1,028,190.

(2) A person that violates 49 U.S.C. Chapter 327 or a regulation prescribed or order issued thereunder, with intent to defraud, is liable for three times the actual damages or $10,281, whichever is greater.

(g) Vehicle theft protection. (1) A person that violates 49 U.S.C. 33114(a)(1)-(4) is liable for a civil penalty of not more than $2,259 for each violation. The failure of more than one part of a single motor vehicle to conform to an applicable standard under 49 U.S.C. 33102 or 33103 is only a single violation. The maximum penalty for a related series of violations is $564,668.

(2) A person that violates 49 U.S.C. 33114(a)(5) is liable for a civil penalty of not more than $167,728 a day for each violation.

(h) Automobile fuel economy. (1) A person that violates 49 U.S.C. 32911(a) is liable for a civil penalty of not more than $40,000 for each violation. A separate violation occurs for each day the violation continues.

(2) Except as provided in 49 U.S.C. 32912(c), a manufacturer that violates a standard prescribed for a model year under 49 U.S.C. 32902 is liable to the United States Government for a civil penalty of $14 multiplied by each .1 of a mile a gallon by which the applicable average fuel economy standard under that section exceeds the average fuel economy— (i) Calculated under 49 U.S.C. 32904(a)(1)(A) or (B) for automobiles to which the standard applies manufactured by the manufacturer during the model year; (ii) Multiplied by the number of those automobiles; and (iii) Reduced by the credits available to the manufacturer under 49 U.S.C. 32903 for the model year.

(i) Medium- and heavy-duty vehicle fuel efficiency. The maximum civil penalty for a violation of the fuel consumption standards of 49 CFR Part 535 is not more than $39,391 per vehicle or engine. The maximum civil penalty for a related series of violations shall be determined by multiplying $39,391 times the vehicle or engine production volume for the model year in question within the regulatory averaging set.

Filed Under: NHTSA