Regulatory Update – July 24, 2020

Update on Relevant U.S. Regulations

FMCSA Announces Virtual Trucking Safety Summit
On July 21, 2020, the Federal Motor Carrier Safety Administration (FMCSA) announced a public meeting to discuss improving safe operations of property-carrying commercial motor vehicles. The FMCSA 2020 Trucking Safety Summit will be held virtually on Aug. 5. CVSA Executive Director Collin Mooney will be a panelist in the state partner discussion session. Registration for each session is required to participate.

NHTSA Requests Comments on School Bus Passing ICR
On July 17, 2020, the National Highway Traffic Safety Administration (NHTSA) published a notice and request for comments on an information collection request (ICR) on school bus safety. The agency is requesting approval of an ICR to research the safety impacts of motor vehicle operators passing stopped school buses. Comments are due by Sept. 15.

NHTSA Requests Comments on Drowsy Driving ICR
On July 14, 2020, NHTSA published a notice and request for comments on an ICR on drowsy driving. The agency is requesting approval of an ICR to survey a random sampling of drivers on drowsy driving knowledge, attitudes and behaviors. Comments are due by Sept. 14.

Update on Exemptions

FMCSA Requests Comments on PLCA HOS Exemption Request
On July 22, 2020, FMCSA published a notice and request for comments on an application from the Pipe Line Contractors Association (PLCA) to exempt the drivers of its member companies from various hours-of-service (HOS) requirements. The exemption requests that drivers of PLCA member companies be exempt from the requirement to return to the work reporting location to qualify for the short-haul exemption, the requirement that drivers use electronic logging devices if they have to complete a record of duty status eight days in a 30-day period and the 70 hours in eight-day maximum. Comments are due by Aug. 21.

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

CVSA Letters, Petitions and Comments to Rulemakings

CVSA Signs Coalition Letter Encouraging Preservation of the 5.9 GHz Spectrum
On July 22, 2020, CVSA joined 50 other transportation safety stakeholders in sending a letter to the Senate Subcommittee on Communications, Technology, Innovation and the Internet encouraging continued preservation of the 5.9 GHz spectrum for transportation safety technology. The Federal Communications Commission (FCC) published a notice of proposed rulemaking (NPRM) earlier this year to reallocate a portion of the 5.9 GHz band for private use. This reallocation threatens the continued deployment of connected vehicle technology, for which the band is currently reserved. The letter urges the subcommittee to use its authority over the FCC to direct the commission to reconsider its approach outlined in the NPRM.

Other Items of Interest

FMCSA Extends COVID-19 Emergency Declaration
On July 13, 2020, FMCSA extended the emergency declaration exempting commercial motor vehicle drivers who are transporting supplies directly related to the COVID-19 pandemic from Title 49 Code of Federal Regulations (CFR) Parts 390-399. The exemption specifically applies to drivers transporting livestock, livestock feed, related medical supplies and equipment, and supplies and equipment for community safety and sanitation. The emergency declaration expires on Aug. 14.