What's Coming Down the Road

In 2012, President Barak Obama signed into law a new two-year surface transportation bill, Moving Ahead for Progress in the 21st Century (MAP-21). In its passing, MAP-21 mandated government agencies, such as the Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration, to study and publish new notices of proposed rulemakings (NPRM) involving key issues such as Prohibition of Coercion, Commercial Driver’s License Drug and Alcohol Clearinghouse, and Electronic Stability Control Systems for Heavy Vehicles.

Further, government agencies such as FMCSA, FHWA, NHTSA and OSHA, each have their own mission statements and agendas. Thus, it can be difficult for professional truck drivers to know what is coming down the road with so many government agencies affecting the trucking industry. Therefore, the OOIDA Foundation would like to provide the Association’s members with easy access to those notices, NPRMs, and final rules by providing direct links to the Federal Register

Federal Motor Carrier Safety Administration
Docket No.TitleSummaryDeadline
FMCSA-2017-0108 Proposed Regulatory Guidance Concerning the Use of a Commercial Motor Vehicle for Personal ConveyanceFMCSA is proposing to revise the regulatory guidance concerning driving a commercial motor vehicle (CMV) for personal use while off-duty, referred to as “personal conveyance.” This provision is available to all CMV drivers required to record their hours of service (HOS) who are permitted by their employer to use the vehicle for personal use. The Agency requests public comments on the guidance and its economic impact.2/20/2018
FMCSA-2017-0336 Hours of Service of Drivers: Application for Exemption; Agricultural Retailers Association FMCSA announces that the Agricultural Retailers Association (ARA) has requested an exemption on behalf of its members from the requirement that motor carriers and their drivers of commercial motor vehicles (CMVs) use an electronic logging device (ELD) to record the driver hours-of-service (HOS). ARA states that the ELD requirement imposes undue economic and other burdens on its member retailers and distributors of farm-related products and services. It asserts that ELDs fail to properly record the complex HOS data, are not properly certified by the FMCSA, and do not provide appropriate cyber-security safeguards. ARA also asserts that ELDs will not function properly in many locations in rural America because of poor internet and cellular connectivity. ARA states that the operations of its members under exemption from the ELD requirements will achieve a level of safety equivalent to, or greater than, the level that would be achieved absent the proposed exemption. FMCSA requests public comment on ARA’s application for exemption.1/29/2018
FMCSA-2017-0361 Hours of Service of Drivers: Application for Exemption; American Disposal Services, Inc. (ADS)FMCSA announces that American Disposal Services, Inc. (ADS) has requested an exemption from the requirement that a motor carrier install and require each of its drivers to use an ELD to record the driver’s HOS no later than December 18, 2017. ADS further requested an exemption from the required use of paper RODS. ADS requests these exemptions for all of its operators of a CMV in their company and their affiliates. FMCSA would extend the exemption to all carriers with similar operational scenarios if the exemption were granted in entirety or in part. ADS advises that ELD systems cannot accurately record driving time for a CMV that stops at each house along their trash and recycling residential routes, with the driver often leaving the vehicle. ADS believes that the exemptions, if granted, will achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent the exemptions. FMCSA requests public comment on the ADS application for exemptions.2/1/2018
FMCSA-2017-0340 Hours of Service of Drivers: Application for Exemption; Cudd Energy Services (CES)FMCSA announces that it has received an application from Cudd Energy Services (CES) (incorporated as Cudd Pressure Control Inc., and Cudd Pumping Services Inc.) requesting an exemption from the ELD requirements for their specially trained drivers of specially constructed CMVs used in oilfield operations. The exemption would allow drivers of these infrequently-driven CMVs to complete paper RODS instead of using an ELD device. These drivers are prohibited by regulation from using the short-haul exceptions to the HOS rules. CES believes that the exemption would not have any adverse impacts on operational safety because drivers would remain subject to the HOS regulations as well as the requirements to maintain paper RODS. FMCSA requests public comment on CES’ application for exemption.2/1/2018
FMCSA-2017-0337 Hours of Service of Drivers: Application for Exemption; Association of Energy Service Companies (AESC)FMCSA announces that it has received an application from the Association of Energy Service Companies (AESC) requesting an exemption from the ELD requirements for well service rig contractors. AESC request this exemption to allow all drivers of well service rigs to complete paper RODS instead of using an ELD device whenever the drivers exceed the requirements of the short-haul exception. AESC believes that the exemption would not have any adverse impacts on operational safety because drivers would remain subject to HOS regulations as well as the requirements to maintain paper RODS. FMCSA requests public comment on AESC’s application for exemption.2/1/2018
FMCSA-2017-0356 Hours of Service of Drivers: Application for Exemption; OOIDAFMCSA announces that OOIDA has requested an exemption from the ELD requirements for motor carriers considered to be a small transportation trucking business. OOIDA request this exemption to allow small trucking businesses that do not have a carrier safety rating of “unsatisfactory,” and can document a proven history of safety performance with no attributable at-fault crashes, to complete paper RODS instead of using an ELD device. OOIDA believes that the exemption would not have any adverse impacts on operational safety as motor carriers and drivers would remain subject to HOS regulations as well as the requirements to maintain paper RODS. FMCSA requests public comment on OOIDA’s application for exemption.2/1/2018
FMCSA-2017-0360 Hours of Service of Drivers of Commercial Motor Vehicles: Proposed Regulatory Guidance Concerning the Transportation of Agricultural CommoditiesFMCSA announces regulatory guidance to clarify the applicability of the “Agricultural commodity” exception to the “Hours of Service of Drivers” regulations, and requests public comments. This regulatory guidance is being proposed to ensure consistent understanding and application of the exception by motor carriers and State officials enforcing hours of service rules identical to or compatible with FMCSA’s requirements. 2/20/2018

 

National Highway Traffic Safety Administration
Docket No.TitleSummaryDeadline
NHTSA-2018-0009 Removing Regulatory Barriers for Vehicles with Automated Driving SystemsNHTSA seeks public comments to identify any regulatory barriers in the existing Federal Motor Vehicle Safety Standards (FMVSS) to the testing, compliance certification and compliance verification of motor vehicles with Automated Driving Systems (ADSs) and certain unconventional interior designs. NHTSA is focusing primarily, but not exclusively, on vehicles with ADSs that lack controls for a human driver; e.g., steering wheel, brake pedal or accelerator pedal. The absence of manual driving controls, and thus of a human driver, poses potential barriers to testing, compliance certification and compliance verification. For example, many of the FMVSS refer to the “driver” or “driver’s seating position” in specifying where various vehicle features and systems need to be located so that they can be seen and/or used by a person sitting in that position. Further, the compliance test procedures of some FMVSS depend on the presence of such things as a human test driver who can follow instructions on test driving maneuvers or a steering wheel that can be used by an automated steering machine. NHTSA also seeks comments on the research that would be needed to determine how to amend the FMVSS in order to remove such barriers, while retaining those existing safety requirements that will be needed and appropriate for those vehicles. In all cases, the Agency’s goal would be to ensure the maintenance of currently required levels of safety performance. These comments will aid the Agency in setting research priorities as well as inform its subsequent actions to lay a path for innovative vehicle designs and technologies that feature ADSs.3/5/2018

 

Federal Highway Administration
Docket No.TitleSummaryDeadline
FHWA-2017-0049 Automated Driving SystemsAutomated Driving Systems (ADS) are increasingly being tested and introduced onto the public roadways. The FHWA is interested in hearing from the public, including stakeholders (e.g., State and local agencies, vehicle manufacturing industry, road hardware and intelligent transportation systems industry, related associations, transportation advocates, ADS hardware and software platform developers, etc.), on a range of issues related to assessing the infrastructure requirements and standards that may be necessary for enabling safe and efficient operations of ADS.3/5/2018

 

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