Regulatory Update – March 18, 2022

March 18, 2022

Update on Canadian Regulations

CCMTA Announces ELD Education and Awareness Period Extension
On March 7, the Canadian Council of Motor Transport Administrators (CCMTA) announced that jurisdictions will extend the period of education and awareness enforcement for electronic logging devices (ELD) until Jan. 1, 2023. The ELD requirement in Canada went into effect on June 12, 2021, however, prior to that date it was announced that enforcement of the requirement would only consist of education and awareness campaigns until June 12, 2022. On March 16, the Ontario Ministry of Transportation published its updated education and awareness enforcement plans to align with CCMTA’s new recommendation.

Update on Relevant U.S. Regulations

FMCSA Publishes Hours-of-Service ICR
On March 18, the Federal Motor Carrier Safety Administration (FMCSA) published a notice and request for comments on an information collection request (ICR) for hours-of-service requirements. The ICR is needed for FMCSA to collect the necessary information to enforce the hours-of-service regulations. Comments are due by May 18.

FMCSA Publishes Correction to ELDT Final Rule
Also on March 18, FMCSA published a notice of a correction to the entry-level driver training (ELDT) final rule published on June 30, 2021. The correction adds amendatory instructions needed to remove the subpart that outlines the previous driver training standards and reserves that subpart for future use. The correction is effective March 18.

PHMSA Publishes Updates on Special Permits
On March 9, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

FMCSA Withdraws Third-Party CDL Testers NPRM
On March 9, FMCSA published a notice withdrawing a notice of proposed rulemaking (NPRM) on third-party commercial driver’s license (CDL) testers. The proposed rule would have allowed a CDL trainer to also provide a CDL skills test examination. The agency’s notice states that after receiving comments primarily opposing the change, they reviewed the NPRM and determined that the change would negatively impact safety. The NPRM is withdrawn as of March 9.

FMCSA Withdraws CDL Out-of-State Knowledge Test NPRM
Also on March 9, FMCSA published a notice withdrawing an NPRM on out-of-state CDL knowledge tests. The proposed rule would have allowed driver applicants to take the CDL general and specialized knowledge tests in a state other than the applicant’s state of domicile. After reviewing comments submitted to the NPRM, FMCSA concluded that the proposed rule is not advisable at this time. The NPRM is withdrawn as of March 9.

FMCSA Publishes Record of Violations Final Rule
Also on March 9, FMCSA published a final rule amending the Federal Motor Carrier Safety Regulations (FMCSRs) to remove the requirement that drivers prepare and submit a list of their convictions for traffic violations to their employers annually. The agency determined that the requirement is duplicative of the requirement that motor carriers make an annual inquiry to obtain the motor vehicle record for each driver it employs. The final rule is effective May 9. Petitions for reconsideration are due by April 8.

NHTSA Publishes ADS Seating Preference Study ICR
On March 7, the National Highway Traffic Safety Administration (NHTSA) published a notice and request for comments on an ICR for an automated driving system (ADS) seating preference study. The ICR is needed for the agency to conduct research on public preferences for occupant/passenger seating in ADS-dedicated vehicles. Comments are due by May 6.

FMCSA Publishes Safety Technology Windshield Mounting Final Rule
On March 7, FMCSA published a final rule amending the FMCSRs to increase the area on the interior of the windshield of a commercial motor vehicle where certain safety technology devices can be mounted. In addition, the final rule expands the definition of “vehicle safety technology” by adding brake warning systems, braking assist systems, driver camera systems, attention assist warning systems, global positioning systems and traffic sign recognition as examples of vehicle safety technology systems and devices. The final rule is effective May 6.

Update on Exemptions

NHTSA Grants DTNA Petition of Inconsequential Noncompliance
On March 14, NHTSA published a notice granting a petition of inconsequential noncompliance from Daimler Trucks North America (DTNA). DTNA determined that certain model year 2017-2019 Freightliner Cascadia commercial motor vehicles do not comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. The brake lights on the commercial motor vehicles involved illuminate when the low-air warning light turns on. NHTSA determined that this noncompliance does not have a significant impact on the safety of these vehicles.

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.