Regulatory Update – March 1, 2024

Update on Relevant U.S. Regulations

FMCSA Requests Comments on Financial Responsibility for Motor Carriers of Passengers and Motor Carriers of Property ICR
On Feb. 29, the Federal Motor Carrier Safety Administration (FMCSA)  comments on the Financial Responsibility for Motor Carriers of Passengers and Motor Carriers of Property information collection request (ICR). Comments are due by April 1.

FMCSA Publishes NPRM for AAMVA CDLIS SPM Incorporation by Reference
On Feb. 20, FMCSA  a notice of proposed rulemaking (NPRM) which will amend the Federal Motor Carrier Safety Regulations (FMCSRs) to incorporate by reference the most recent edition of the American Association of Motor Vehicle Administrators (AAMVA) Commercial Driver’s License Information System (CDLIS) State Procedures Manual (SPM). State driver’s licensing agencies would be required to use this edition of the manual to provide guidance on the information systems procedures of the commercial driver’s license (CDL) program. Comments are due by March 21.

Update on Exemptions

FMCSA Publishes Final Rule Exempting Providers of Recreational Activities from Operating Authority Registration Requirements
On Feb. 26, FMCSA  a final rule creating a statutory exemption from operating authority registration requirements for providers of recreational activities. The exemption applies to motor carriers operating a motor vehicle designed or used to transport between nine and 15 passengers if the motor vehicle is operated by a person that provides recreational activities within a 150 air-mile radius of the location of where the trip started. FMCSA also defines recreational activities to clarify the exemption. The exemption is effective April 26.

FMCSA Requests Comments on Convoy Technologies Inc. Exemption
On Feb. 25, FMCSA  comments on an exemption application from Convoy Technologies Inc. which would allow motor carriers to operate commercial motor vehicles equipped with Convoy’s Electronic Rear View System installed as an alternative to the two rear-vision mirrors required by the FMCSRs. Comments are due by April 1.

FMCSA Provisionally Renews Stinger-Steered Automobile Transporter Warning Flags Exemption
On Feb. 21, FMCSA  the provisional renewal of the Automobile Carriers Conference and the Auto Haulers Association of America exemption that allows motor carriers operating stinger-steered automobile transporter equipment to operate with projecting loads of new and used motor vehicles without warning flags. On Feb. 26, FMCSA  a correction updating the term of the provisional exemption. The exemption is effective Feb. 15, 2024, through Aug. 9, 2024.

FMCSA Grants Hawaii CDL Skills Test Exemption
On Feb. 20, FMCSA  its decision to grant an exemption to Hawaii allowing the state to waive specific portions of the CDL skills test for CDL applicants who take the skills test on the islands of Lanai and Molokai and issue these drivers a restricted CDL. The exemption is effective from Feb. 20, 2024, through Feb. 20, 2026.

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.

Other Items of Interest

FMCSA Removes Five ELDs from List of Registered ELDs
On Feb. 29, FMCSA  the following devices from the  of registered Electronic Logging Devices (ELD): CI ELD LOGS, CN ELD, KSK ELD, TT ELD 30 and TT ELD 1010. Motor carriers and drivers using the revoked devices have 60 days to replace them with compliant ELDs.

FMCSA and PHMSA Issue Nurse Tank Safety Advisory
On Feb. 20, FMCSA and the Pipeline and Hazardous Materials Safety Administration (PHMSA)  a safety advisory to provide notice of the possibility of catastrophic failure of certain hazardous materials packages commonly known as “nurse tanks.” FMCSA and PHMSA recommend that owners of American Welding and Tank nurse tanks manufactured between Jan. 1, 2007, and Dec. 31, 2011, which are exempt from periodic inspection and testing requirements, conduct voluntary periodic visual inspections, thickness testing and pressure testing.