October 24, 2020

Archives for January 2020

On January 21, 2020 the Federal Motor Carrier Safety Administration (FMCSA) Published a Decision that the Hours of Services Provisions of 49 CFR 593 Preempted California’s Meal and Rest Break Rules

The Preemption Decision  

  1.  Section 31141 Expressly Preempts State Law Therefore the Presumption Against Preemption Does Not Apply
  2. The California Meal and Rest Break (MRB) Rules, as Applied to Drivers of Passenger- Carrying CMVs, Are Laws or Regulations ‘‘on Commercial Motor Vehicle Safety’’ Within the Meaning of 49 U.S.C. 31141
  3. The MRB Rules Are ‘‘Additional to or More Stringent Than’’ the Agency’s HOS Regulations for Passenger-Carrying Vehicles Within the Meaning of Section 31141
  4. The MRB Rules Have No Safety Benefits That Extend Beyond Those Provided by the FMCSRs
  5. The MRB Rules are Incompatible with the Federal HOS Regulations for Passenger-Carrying CMVs.
  6. Enforcement of the MRB Rules Would Cause an Unreasonable Burden on Interstate Commerce

Accordingly, FMCSA grants ABA’s petition for preemption and determines that the MRB rules are preempted pursuant to 49 U.S.C. 31141. Effective the date of this decision, California may no longer enforce the MRB rules with respect to drivers of passenger-carrying CMVs subject to FMCSA’s HOS rules.

On January 7, 2020, NHTSA Published an NPRM on Replica Motor Vehicles; Vehicle Identification Number (VIN) Requirements; Manufacturer Identification; Certification 49 CFR Parts 565, 566, 567, and 586

DATES:  Comments should be filed on or before February 6, 2020.

This Rulemaking is mandated by the FAST Act, which requires NHTSA to exempt certain replica vehicles manufactured low volume vehicle manufacturers from Safety Standards.  The proposed rule would provide a framework to allow low volume replica motor vehicle manufacturers to safely provide 350 or fewer vehicles annually into interstate commerce. 

NHTSA believes a  shorter comment period is in the public interest because it will allow NHTSA to issue a final rule more quickly and allow qualifying low-volume manufacturers to begin manufacturing replica motor vehicles sooner. NHTSA does not believe a longer comment period is necessary for the public to consider this proposal because most of the proposed requirements are mandated or contemplated by the FAST Act.