Regulatory Update – July 7, 2023

Update on Relevant U.S. Regulations

NHTSA and FMCSA Propose Requirement for AEB on Heavy-Duty Vehicles
On July 6, the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA)  a new Federal Motor Vehicle Safety Standard (FMVSS) to require automatic emergency braking (AEB) systems on heavy vehicles. They also amended FMVSS No. 136 to require nearly all heavy vehicles to have an electronic stability control system that meets the equipment requirements, general system operational capability requirements and malfunction detection requirements of FMVSS No. 136. Comments are due by Sept. 5.

PHMSA Requests Feedback on Updates to the Hazardous Materials Regulations
On July 5, the Pipeline and Hazardous Materials Safety Administration (PHMSA)  comments on initiatives that may modernize the Hazardous Materials Regulations and improve efficiencies while maintaining or improving a current high level of safety. Comments are due by Oct. 3.

PHMSA Publishes Updates on Special Permits
Also on July 5, PHMSA published updates on special permit applications:

NHTSA Requests Comments on AV TEST Initiative ICR
On June 30, NHTSA  comments on an Information Collection Request (ICR) on NHTSA’s Automated Vehicle Transparency and Engagement for Safe Testing (AV TEST) Initiative to provide information to the public about Automated Driving System (ADS) testing operations in the U.S. and applicable state and local laws, regulations, and guidelines. Comments are due by July 31.

Update on Exemptions

FMCSA Renews Exemption for Virginia DMV
On July 6, FMCSA  its decision to provisionally renew an exemption for truck and bus drivers who are licensed in the Commonwealth of Virginia and need a Skill Performance Evaluation (SPE) Certificate to operate commercial motor vehicles (CMV) in interstate commerce. The exemption enables interstate CMV drivers who are licensed in Virginia and are subject to the federal SPE certificate requirements to continue to fulfill the federal requirements with a state-issued SPE certificate that qualifies such drivers to operate CMVs in interstate commerce. This renewed exemption is effective from July 8 through July 7, 2025.

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