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Regulatory Update – Oct. 2, 2020

Update on Relevant U.S. Regulations

NHTSA Requests Comments on ADS Testing Information Collection
On Sept. 29, 2020, the National Highway Traffic Safety Administration (NHTSA) published a notice and request for comments on an information collection request on the testing of automated driving systems (ADS). The information collection would seek voluntary information from ADS technology companies that are testing the technology on public roads and from state and local governments that have implemented ADS testing regulations. Comments are due by Oct. 29.

Update on Exemptions

FMCSA Denies Ohio DPS CDL Exemption Request
On Sept. 28, 2020, the Federal Motor Carrier Safety Administration (FMCSA) announced the denial of the Ohio Department of Public Safety’s (DPS) exemption request from the commercial driver’s license (CDL) skills test requirements. Ohio DPS requested an exemption to modify the skills test requirements for qualified military veterans.

FMCSA Denies Right-A-Way ELD Exemption Request
Also on Sept. 28, 2020, FMCSA announced the denial of Right-A-Way LLC’s exemption request from certain electronic logging device (ELD) requirements. The application requested that the company’s short-haul drivers who are required to prepare records of duty status more than eight days in a 30-day period be permitted to prepare paper logs in place of ELDs.

FMCSA Denies Pronto HOS Exemption Request
Also on Sept. 28, 2020, FMCSA announced the denial of Pronto.ai Inc.’s exemption request from certain hours-of-service (HOS) requirements. Pronto requested that drivers operating commercial motor vehicles equipped with the Copilot by Pronto advanced driver-assistance system be allowed to drive for 13 hours during a 15-hour on-duty period each day.

FMCSA Requests Comments on UPS Request for Reconsideration of ELDT Exemption Request
On Sept. 23, 2020, FMCSA published a notice and request for comments on a request for reconsideration of an application from the United Parcel Service (UPS) for exemption from certain entry-level driver training (ELDT) requirements. UPS requests that it be exempt from the requirement that instructors have two years of experience and the requirement to register each training location for a unique training provider registry number. FMCSA originally denied the request on Dec. 9, 2019. Comments are due by Oct. 23.

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

FMCSA Denies CVSA’s Personal Conveyance Petition
On Sept. 18, 2020, FMCSA sent a letter denying CVSA’s petition to set a daily limit on the use of personal conveyance. On Dec. 17, 2018, CVSA submitted a petition to FMCSA to add a maximum distance and/or time a driver can operate under personal conveyance to Title 49 CFR 395.2. The petition outlined the need for a defined maximum distance and/or time to prevent abuse of personal conveyance and provide a clear set of guidelines for enforcement.