Regulatory Update – September 15, 2023

Update on Relevant U.S. Regulations

FMCSA Proposes Federal Appeals Process for RDRs
On Sept. 14, the Federal Motor Carrier Safety Administration (FMCSA)  the development and implementation of a federal appeals process for requests for data review (RDRs) submitted to the agency through its DataQs system. The proposed review process would provide users with an opportunity to have their requests reviewed by FMCSA after the request has been reviewed and denied after reconsideration by the state agency. FMCSA would include requirements for ensuring an independent review of all requests. Comments are due by Nov. 13.

NHTSA Seeks Extension on State Data Transfer for Vehicle Crash Information ICR
On Sept. 5, the National Highway Traffic Safety Administration (NHTSA)  comments on an extension to its “State Data Transfer for Vehicle Crash Information” information collection request (ICR). Comments are due by Oct. 5.

U.S. DOT Announces Advisory Committee on Human Trafficking Meeting
On Sept. 5, the U.S. Department of Transportation (DOT)  a meeting of its Advisory Committee on Human Trafficking. The meeting will be held on Oct. 3.

Update on Exemptions

FMCSA Denies Alaska’s Ice Road Driving School Exemption Application
On Sept. 12, FMCSA  the  from Alaska’s Ice Road Driving School requesting an exemption from certain portions of the behind-the-wheel entry-level driver training requirements for driver trainees.

FMCSA Renews RVIA Exemption from Federal CDL Requirements
On Sept. 11, FMCSA  the Recreation Vehicle Industry Association’s (RVIA) exemption from the federal commercial driver’s license (CDL) requirements for drivers who deliver certain newly manufactured motorhomes and recreational vehicles to dealers or trade shows before retail sale, subject to revised terms and conditions. This renewed exemption was effective April 6 and expires on April 6, 2027.

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

Other Items of Interest

FMCSA Removes Two ELDs from the List of Registered Devices
On Sept. 14, FMCSA  the following electronic logging devices (ELDs) from its list of registered ELDs and placed them on the revoked devices list.

  • Falcon ELD by Falcon Telematics LLC (ELD Identifier: FTX007)
  • KSK ELD by KSK Group Inc. (ELD Identifier: KSKA01)

Motor carriers and drivers were instructed to discontinue using the devices listed above and revert to paper logs or other logging software to record required hours-of-service data. The revoked ELDs must be replaced with compliant ELDs from the registered devices list before Nov. 13.