Regulatory Update – August 18, 2023

Update on Relevant U.S. Regulations

FMCSA to Consider Waivers to Decisions Preempting Meal and Rest Break Rules
On Aug. 14, the Federal Motor Carrier Safety Administration (FMCSA)  that they will consider petitions for waiver of its Dec. 21, 2018 and Jan. 13, 2020 decisions preempting California’s Meal and Rest Break (MRB) rules for certain drivers of property and passenger carrying commercial motor vehicles (CMV) and its Nov. 17, 2020 decision preempting Washington’s MRB rules for certain drivers of property carrying CMVs. Petitions are due by Nov. 13. FMCSA will publish and request comments on any petitions for waiver that it receives.

PHMSA Publishes Updates on Special Permits
On Aug. 10, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

FMCSA Requests Comments on “Accident Recordkeeping Requirements” ICR
On Aug. 8, FMCSA  comments on the information collection request (ICR) titled “Accident Recordkeeping Requirements,” which states motor carriers must maintain a record of accidents involving their CMVs. Motor carriers are not required to report this data to FMCSA, but must produce it upon inquiry by authorized federal, state or local officials. Comments are due by Oct. 10.

Update on Exemptions

FMCSA Renews CRST CDL Exemption
On Aug. 7, FMCSA  its decision to renew the CRST The Transportation Solution (CRST) (formerly known as CRST Expedited Inc.) exemption from the regulation that requires a commercial learner’s permit (CLP) holder to be accompanied by a commercial driver’s license (CDL) holder with the proper CDL class and endorsements, seated in the front seat of the vehicle while the CLP holder performs behind-the-wheel training on public roads or highways. Under the terms and conditions of this exemption, a CLP holder who has documentation of passing the CDL skills test may drive a CMV for CRST without being accompanied by a CDL holder in the front seat of the vehicle. The exemption enables CLP holders to drive as part of a team and have the same regulatory flexibility as CRST team drivers with CDLs. This renewed exemption is effective Sept. 24, 2023-Sept. 24, 2028. Comments are due by Sept. 6.

CVSA Active Exemption Tracker
CVSA maintains a  issued by FMCSA. The exemption tracker can be found at www.cvsa.org under the “Inspections” tab at the top of the page.