Legislative Update – May 31, 2019

Legislative Update

House Appropriations THUD Subcommittee Approves Transportation Funding
On May 23, 2019, the House Committee on Appropriations Transportation, Housing and Urban Development, and Related Agencies (THUD) Subcommittee passed a funding bill that included transportation funding for fiscal 2020. The bill includes funding for research on behavioral responses to ADS and full funding for CMV-related grants at or above the Fixing America’s Surface Transportation Act levels, with a $1 million increase to the CMV operator’s grant program.

  • MCSAP Formula – $308.7 million
  • High Priority – $44.9 million
  • CDL – $33.2 million
  • CMV Operators – $2 million

In addition, the bill has several policy riders included.

  • Section 130 directs FMCSA to send notice of Title 49 Code of Federal Regulations § 385.308 violations by a form of delivery that records notice of receipt. § 385.308 outlines violations that if committed by a new entrant, may trigger an expedited safety audit or compliance review.
  • Section 131 prevents the U.S. DOT from enforcing electronic logging device (ELD) requirements for motor carriers transporting livestock or insects through Sept. 30, 2020.
  • Section 132 instructs FMCSA to add rear impact guards to Title 49 Code of Federal Regulations Appendix G to Subchapter B of Chapter III – Minimum Periodic Inspection Standards.
  • Section 133 prevents FMCSA from reviewing and deciding on any petitions to preempt state meal and rest break laws.
  • Section 134 instructs FMCSA to publish online information regarding the analysis of violations developed under the Compliance, Safety, Accountability Program, consistent with the data that was available immediately before Dec. 4, 2015.
  • Section 135 prevents FMCSA from promulgating or enforcing a rule that eliminates the 30-minute rest break hours-of-service requirement.

The bill is scheduled for markup by the full House Committee on Appropriations on June 4.

CVSA Meetings with Congressional Offices Continue
CVSA staff continues to meet with congressional offices to discuss CVSA, the needs of the law enforcement community and commercial motor vehicle safety. Within the commercial motor vehicle space, ADS, fatigue, exemptions, commercial driver’s license age requirements, hours of service and ELDs are common topics of interest on Capitol Hill.