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Regulatory Update – Aug. 9, 2019

Update on Relevant U.S. Regulations

FMCSA Requests Comments on Crash Preventability Determination Program
On Aug. 5, 2019, the Federal Motor Carrier Safety Administration (FMCSA) requested comments on making the crash preventability determination program permanent. FMCSA has been conducting a demonstration program to evaluate the efficacy of a crash preventability determination program. In the permanent program, reviewed crashes that are deemed non-preventable will be removed from the safety measurement system. Comments are due by Oct. 4.

FMCSA Extends ADS-Equipped CMVs ANPRM Comment Period
On July 31, 2019, FMCSA extended the comment period for the advance notice of proposed rulemaking (ANPRM) on automated driving system (ADS)-equipped commercial motor vehicles (CMVs). The ANPRM seeks comments on the safe integration of ADS. Comments are now due by Aug. 28.

U.S. DOT Publishes Update to Civil Penalty Amounts
On July 31, 2019, the U.S. Department of Transportation (DOT) published a final rule implementing the annual inflation increase of civil penalty amounts that may be imposed for violations of U.S. DOT regulations. These changes were effective on July 31, 2019.

FMCSA Corrects State Compliance Date of Human Trafficking CDL Disqualification Final Rule
On July 30, 2019, FMCSA published a correction to the state compliance date for the final rule that adds human trafficking to the list of offenses that permanently disqualify individuals from obtaining a commercial driver’s license (CDL). The rule is effective Sept. 23. States must be compliant by Sept. 23, 2020.

Update on Exemptions

CVSA Active Exemption Tracker
CVSA maintains a list of active exemptions issued by FMCSA. Members can access the information by logging into their CVSA member portal and clicking on the “Exemptions” tab at the top of the page.

CVSA Letters, Petitions and Comments to Rulemakings

CVSA Submits Comments to FMCSA ADS-Equipped CMVs ANPRM
On July 29, 2019, CVSA submitted comments to FMCSA’s ANPRM on ADS-equipped CMVs. CVSA’s comments outline the many questions about ADS that need to be answered to allow law enforcement to ensure that the technology is operating safely. The comments emphasize that the regulations need to be updated to ensure that the requirements are clear and enforceable for CMVs with and without a driver.

CVSA Submits Comments to NHTSA ADS Regulatory Barriers ANPRM
Also on July 29, 2019, CVSA submitted comments to the National Highway Traffic Safety Administration’s (NHTSA) ANPRM on regulatory barriers for vehicles with ADS. CVSA’s comments discussed the benefits of a CMV universal electronic vehicle identifier in identifying and interacting with ADS-equipped CMVs.

CVSA Sends Letter to Senate Appropriations Committee Supporting CMV Crash Causation Study
On Aug. 6, 2019, CVSA sent a letter to the U.S. Senate Committee on Appropriations encouraging the committee to provide FMCSA with funding to update the large truck and bus crash causation study. The study would identify root causes of CMV crashes to assist in the design of enforcement and safety programs.