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Regulatory Update – Nov. 13, 2020

Update on Relevant Canadian Regulations

CCMTA Updates ELD Technical Standard
On Oct. 27, 2020, the Canadian Council of Motor Transport Administrators (CCMTA) published version 1.2 of the electronic logging device (ELD) technical standard. The updated standard replaces version 1.1 that was published on Dec. 9, 2019. In addition to the new version of the technical standard, CCMTA also published a summary of the changes to the technical standard which highlights the language that was added.

Update on Relevant U.S. Regulations

NHTSA Publishes ICR on Impaired Driving Technology
On Nov. 12, 2020, the National Highway Traffic Safety Administration (NHTSA) published an information collection request (ICR) to gain a better understanding of available and late stage technology under development for impaired driving detection and mitigation. Comments are due by Jan. 11, 2021.

NHTSA Publishes ICR on Drowsy Driving Knowledge, Attitudes and Behaviors
On Nov. 10, 2020, NHTSA published an ICR seeking approval for a national survey on drowsy driving knowledge, attitudes and behaviors. The survey seeks to better understand how the average driver approaches driving when fatigued. Comments are due by Dec. 10.

FMCSA Publishes ICR on Opinions of ADS
On Nov. 3, 2020, the Federal Motor Carrier Safety Administration (FMCSA) published an ICR that seeks to gain an understanding of opinions on automated driving systems (ADS). The ICR will collect baseline opinions of ADS before and after hands-on demonstrations with the technology. Comments are due by Jan. 4, 2021.

Update on Exemptions

NHTSA Requests Comments on DCNA Petition of Inconsequential Noncompliance
On Nov. 9, 2020, NHTSA published a notice and request for comments on a petition of inconsequential noncompliance from Daimler Coaches North America LLC (DCNA). DCNA has determined that certain model year (MY) 2012-2019 Setra S407 and MY 2009-2020 Setra S417 buses do not fully comply with Federal Motor Vehicle Safety Standard No. 101, Controls and Displays because the defogging/defrosting and hazard warning signals do not meet the brightness requirements. Comments are due by Dec. 9.

FMCSA Grants Knight-Swift Driver Qualification Files Exemption Request
On Nov. 4, 2020, FMCSA announced the approval of an exemption request from Knight-Swift Transportation Holdings Inc., allowing the company to rely on the motor vehicle record of its drivers holding a commercial driver’s license as proof of the driver’s medical qualifications when the driver undergoes an exam during the initial period of employment. The exemption is effective Dec. 4, 2020-Nov. 4, 2025.

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.

CVSA Letters, Petitions and Comments to Rulemakings

CVSA Submits Comments on FMCSA Pilot Program to Allow 18-20-Year-Old Drivers
On Nov. 6, 2020, CVSA submitted comments on a notice published by FMCSA proposing a pilot program to allow 18-20-year-old drivers to operate a commercial motor vehicle interstate. CVSA’s comments encouraged FMCSA to exclude hazardous materials and passenger carriers from the program and make appropriate considerations to the impact of required safety technology on the pilot program results.

CVSA Submits Comments on FMCSA Split Duty Period Pilot Program
On Nov. 2, 2020, CVSA submitted comments on a notice published by FMCSA proposing a pilot program to evaluate the effects of allowing a commercial motor vehicle driver to extend the 14-hour window by up to three hours by taking an off-duty break. CVSA’s comments encouraged FMCSA to structure the pilot program in a way that it could evaluate the safety impacts of combining several provisions that provide extensions to the on-duty period and the impact of this change on the enforceability of the hours-of-service regulations.