English Français Español

Regulatory Update – Oct. 29, 2021

Update on Relevant U.S. Regulations

FMCSA Publishes Correction to Final Rule on SDLA Use of the Drug and Alcohol Clearinghouse for Issuance/Downgrade of CDLs
On Oct. 29, the Federal Motor Carrier Safety Administration (FMCSA) published a final rule making technical corrections to the final rule published on Oct. 7 that prohibits state driver’s licensing agencies (SDLA) from issuing a commercial driver’s license (CDL) for any individual prohibited from performing safety-sensitive functions due to one or more violations in the Drug and Alcohol Clearinghouse. The rule also requires that SDLAs remove CDL privileges from the driver’s license of any individual prohibited from performing safety-sensitive functions. Additionally, the rule requires that states adopt a compatible state prohibition on operating a commercial motor vehicle for drivers that violate FMCSA’s drug and alcohol program requirements. The final rule was amended to make corrections that were needed because of a subsequent, unrelated rulemaking in the same section. The corrections are effective Nov. 8.

FMCSA Requests Comments on ICR for Class I and Class II For-Hire Motor Carriers
On Oct. 27, FMCSA published a notice and request for comments on an information collection request (ICR) for Class I and Class II motor carrier reporting. The notice seeks to renew an already approved ICR titled “Annual Report of Class I and Class II For-Hire Motor Carriers” which is used to ensure motor carriers comply with the agency’s financial and operating statistics requirements. Comments are due by Dec. 27.

NHTSA Publishes ICR on State Crash Data Collection
On Oct. 20, the National Highway Traffic Safety Administration (NHTSA) published an ICR to collect motor vehicle crash data from states. NHTSA plans to use the data to identify existing and emerging safety trends, assess the effectiveness of motor vehicle safety standards, and study the impact of new and emerging technology. Comments are due by Nov. 19.

Update on Exemptions

FMCSA Grants Loomis Armored US Exemption Request
On Oct. 18, FMCSA announced the approval of an exemption request from Loomis Armored US LLC to allow the driver and passenger doors on the cabs of its specialized armored vehicles to be welded shut. Loomis intends to add two new doors behind the cab. The exemption is effective Oct. 18, 2021-Oct. 13, 2026.

FMCSA Grants FTS Windshield Mounting Exemption Request
Also on Oct. 18, FMCSA announced the approval of an exemption request from Forward Thinking Systems LLC (FTS), allowing its FleetCam system to be mounted lower in the windshield on commercial motor vehicles than is currently permitted. The exemption is effective Oct. 18, 2021-Oct. 13, 2026.

FMCSA Grants EROAD Windshield Mounting Exemption Request
Also on Oct. 18, FMCSA announced the approval of an exemption request from EROAD Inc., allowing its Dashcam device to be mounted lower in the windshield on commercial motor vehicles than is currently permitted. The exemption is effective Oct. 18, 2021-Oct. 13, 2026.

FMCSA Denies FirstGroup Drug and Alcohol Clearinghouse Pre-Employment Screening Exemption Request
Also on Oct. 18, FMCSA announced the denial of an exemption request from FirstGroup PLC that would have exempt them from the drug and alcohol clearinghouse pre-employment screening requirements. FirstGroup requested that its subsidiaries be permitted to conduct a limited pre-employment query instead of a full query unless the limited query indicated that an individual is flagged in the clearinghouse.

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.