Regulatory Update – November 11, 2022

Update on Relevant U.S. Regulations

UCR Plan Board Announces Finance Subcommittee Meeting
On Nov. 10, the Unified Carrier Registration (UCR) Plan Board of Directors announced a meeting of the finance subcommittee. The meeting is scheduled for Nov. 15 and is open to the public.

FMCSA Requests Comments on Drug and Alcohol Clearinghouse ICR
On Nov. 4, the Federal Motor Carrier Safety Administration (FMCSA) published a notice and request for comments on the agency’s intent to renew its information collection request (ICR) titled, “Commercial Driver’s License Drug and Alcohol Clearinghouse.” FMCSA began collecting data as authorized users began registering in the clearinghouse in September 2019. The ICR is necessary to ensure that querying and reporting requirements are met to diminish the problem of commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders who test positive for drugs or alcohol and then continue to perform safety-sensitive functions, including driving a commercial motor vehicle (CMV), without participating in the required return-to-duty process. Comments are due by Jan. 3, 2023.

PHMSA Announces Research, Development and Technology Virtual Forum
On Nov. 4, the Pipeline and Hazardous Materials Safety Administration announced that the agency will be holding a Research, Development and Technology Virtual Forum on Dec. 1. Registration is required.

Update on Exemptions

FMCSA Publishes Technical Correction to School Bus CDL Exemption
On Nov. 2, FMCSA published a notice correcting an error in the Oct. 27 notice granting an exemption requested by the National School Transportation Association (NSTA) for CDL applicants seeking a school bus endorsement from the engine compartment portion of the pre-trip vehicle inspection skills testing requirement, known as the “under-the-hood” testing requirement. Drivers issued a CDL pursuant to the requested exemption would be restricted to the intrastate operation of school buses only. FMCSA also granted an exemption from the requirement that states administer this portion of the pre-trip vehicle inspection test in accordance with an FMCSA pre-approved examiner information manual. The original notice included the wrong expiration date. The exemption is effective Nov. 27, 2022-Nov. 27, 2024.

FMCSA Denies SBTC English Language Proficiency CDL Requirement Exemption Request
On Nov. 3, FMCSA published a notice denying an exemption request from the Small Business in Transportation Coalition (SBTC) seeking an exemption from the requirement that CMV drivers be capable of reading and speaking the English language sufficiently to communicate with the public, understand highway traffic signs and signals, respond to official inquiries, and make entries on reports and records.

FMCSA Renews Motion Picture Association of America ELD Exemption
Also on Nov. 3, FMCSA published a notice renewing and requesting comments on the Motion Picture Association of America’s (MPAA) five-year exemption from the electronic logging device (ELD) requirements for all CMV drivers providing transportation to or from a theatrical or television motion picture production site. Drivers will still be required to complete paper records of duty status. The exemption is effective Jan. 19, 2023-Jan. 19, 2028. Comments are due by Dec. 5.

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