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Regulatory Update – March 19, 2021

Update on Relevant Canadian Regulations

Transport Canada Announces ELD Progressive Enforcement Period
On March 2, 2021, Transport Canada published a statement by Minister of Transport Omar Alghabra announcing a progressive enforcement period of the electronic logging device (ELD) mandate. The ELD requirement in Canada is set to go into effect on June 12. Transport Minister Alghabra states that early enforcement will consist of education and awareness to allow motor carriers enough time to install certified ELDs without penalty.

Update on Relevant U.S. Regulations

FMCSA Publishes Motor Carrier Records Change ICR
On March 19, 2021, the Federal Motor Carrier Safety Administration (FMCSA) published an information collection request (ICR) on information required for a motor carrier to change its information on file with FMCSA. The ICR is necessary for the agency to process name and address changes and reinstatements of operating authority. Comments are due by April 19.

FMCSA Requests Comments on Financial Responsibility ICR
Also on March 19, 2021, FMCSA published a request for comments on an ICR regarding minimum insurance levels for motor carriers. The ICR is necessary for the agency to verify that motor carriers maintain the required minimum level of financial responsibility. Comments are due by April 19.

NHTSA Requests Extension of ICR Related to the AV 2.0 Document
On March 9, 2021, the National Highway Traffic Safety Administration (NHTSA) published a notice and request for comments on a request to renew an ICR related to the agency’s “Automated Driving Systems
2.0: A Vision for Safety” (AV 2.0) document. Renewal of the ICR will allow the agency to continue to collect voluntary disclosures from manufacturers with the information outlined in AV 2.0. Comments are due by May 10.

Update on Exemptions

FMCSA Requests Comments on FirstGroup Drug and Alcohol Clearinghouse Pre-Employment Screening Exemption Request
On March 16, 2021, FMCSA published a notice and request for comments on an application from FirstGroup PLC for exemption from the drug and alcohol clearinghouse pre-employment screening requirements. FirstGroup requests that its subsidiaries be permitted to conduct a limited pre-employment query instead of a full query unless the limited query indicates that an individual is flagged in the clearinghouse. Comments are due by April 15.

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.