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Regulatory Update – July 23, 2021

Update on Relevant Canadian Regulations

Transport Canada Announces Third Third-Party ELD Certified Accreditor
On July 22, Transport Canada announced that COMDriver Tech was the third third-party organization to be accredited to certify electronic logging devices (ELDs). Under Transport Canada’s ELD mandate, all ELDs must be certified by an independent third party that they meet the required technical standards.

Update on Relevant U.S. Regulations

FMCSA Publishes Final Rule Requiring Electronic Exchange of Driver History
On July 23, the Federal Motor Carrier Safety Administration (FMCSA) published a final rule requiring state driver licensing agencies to implement a system and practices for the electronic exchange of driver history record information through the Commercial Driver’s License Information System. The exchange must include records on convictions, withdrawals and disqualifications. The final rule is effective Aug. 23 and states must be compliant with the rule by Aug. 24, 2024.

NHTSA Requests Comments on FMVSS No. 108 Information Collection
On July 21, the National Highway Traffic Safety Administration (NHTSA) published a notice and request for comments on the renewal of an information collection request (ICR) related to Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, reflective devices, and associated equipment; Compliance Labeling of Retroreflective Materials Heavy Trailer Conspicuity. The ICR would seek information on the impacts of the current labeling requirements for retroreflective sheeting. Comments are due by Aug. 20.

Update on Exemptions

FMCSA Requests Comments on FTC Windshield Mounting Exemption Application
On July 14, FMCSA published a notice and request for comments on an application from Forward Thinking Systems LLC (FTC) for exemption from the windshield mounting requirements. FTC requests that its Fleetcam system be permitted to be mounted lower in the windshield than is currently allowed. Comments are due by Aug. 13.

FMCSA Requests Comments on EROAD Windshield Mounting Exemption Application
Also on July 14, FMCSA published a notice and request for comments on an application from EROAD Inc. for exemption from the windshield mounting requirements. FTC requests that its dashcam system be permitted to be mounted lower in the windshield than is currently allowed. Comments are due by Aug. 13.

FMCSA Requests Comments on ATA Qualified Inspector Exemption Application
Also on July 14, FMCSA published a notice and request for comments on an application from the American Trucking Associations (ATA) for an exemption that would allow individuals who complete a training program consistent with a set of recommended practices developed by ATA’s Technology and Maintenance Council to be considered a qualified inspector for the purposes of periodic inspections and brake system inspections. Comments are due by Aug. 13.

FMCSA Requests Comments on CDL Exemption Application
Also on July 14, FMCSA published a notice and request for comments on an application from several driveaway motor carriers for exemption from the requirement to hold a commercial driver’s license (CDL). The driveaway companies request that their drivers be permitted to operate empty passenger carrier vehicles with 16 or more seats that weigh less than 26,001 pounds without holding a CDL. Comments are due by Aug. 13.

FMCSA Requests Comments on Tornado Bus Company CDL Training Exemption Application
Also on July 14, FMCSA published a notice and request for comments on an application from Tornado Bus Company for exemption from certain training requirements to obtain a CDL. Tornado Bus Company requests that its drivers that have been granted permanent resident status in the U.S., but have been operating in the U.S. for more than two years with a Mexican licencia federal de conductor, be able to obtain a CDL without completing entry-level driver training, the CDL knowledge test to obtain a commercial learner’s permit (CLP), the skills test required for CLP holders to obtain a CDL, and the knowledge and skills test required for a passenger carrier endorsement. Comments are due by Aug. 13.

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

CVSA Letters, Petitions and Comments to Rulemakings

CVSA Submits Comments on Intellistop Exemption Request
On July 14, CVSA submitted comments to FMCSA on an exemption request from Intellistop Inc. to allow commercial motor vehicles to be equipped with the company’s module which pulses the rear clearance, identification and brake lamps when braking. CVSA agreed with Intellistop’s assessment that amber brake-activated pulsating lamps can improve safety but expressed concern that red pulsating lights may be confused with emergency vehicles and conflict with some state laws limiting those types of lights for use by emergency vehicles.