FMCSA unveils 18 proposed rule changes

WASHINGTON — The Federal Motor Carrier Safety Administration is proposing 18 rule changes aimed at simplifying regulatory compliance for truck drivers and motor carriers.

According to a list of notices published on Tuesday, the proposed rules, to be formally released on Friday, will have 60-day comment periods.

The rules include:

Removal of self-reporting requirement

FMCSA proposes to revise its regulations requiring commercial driver’s license holders to self-report motor vehicle violations to their state. “With the implementation of the exclusive electronic exchange of violations between state drivers licensing agencies in 2024, self-reporting is no longer necessary.”

CDL standards for certain military personnel

This rulemaking would allow dual-status military technicians, regardless of whether they are members of either the Reserves or the National Guard, to qualify for the military exception from CDL training requirements.

“FMCSA anticipates that this rulemaking would result in cost savings … by alleviating the need to receive training at a training provider location listed on FMCSA’s training provider registry.”

Modifying the term ‘medical treatment’ in accident reporting

This rulemaking proposes to revise FMCSA regulations to incorporate 2022 guidance into the definition of an accident.

“A new paragraph would be added to the definition to clarify that medical treatment does not include x-rays or other imaging … and a person who does not receive treatment for diagnosed injuries or other medical intervention directly related to the accident, has not received ‘medical treatment.’”

Vehicle examination reports

In response to a petition from the Commercial Vehicle Safety Alliance, FMCSA proposes to revise the requirement that motor carriers and intermodal equipment providers sign and return a completed roadside inspection form to the issuing state agency.

“FMCSA is aware that not all states review the returned inspection reports and may not require return of the inspection report. This means that in some cases, motor carriers and intermodal equipment providers are completing paperwork and, essentially, sending it into a void. This represents an unreasonable burden.”

Electronic driver vehicle inspection reports

Based on a public comment filed by the National Tank Truck Carriers, FMCSA proposes to clarify the requirement to complete a driver vehicle inspection report (DVIR).

“The DVIR may already be completed electronically, however this [rule] proposes explicit language to make this clear. This will encourage motor carriers and drivers to utilize electronic, cost-saving methods when completing DVIRs.”

Rescinding the requirement on ELD operator’s manual

FMCSA proposes to amend the requirement that electronic logging device manuals be kept in the truck. “There is no readily apparent benefit to continuing to require that the users’ manual be in the CMV. This proposal would eliminate an unintended regulatory burden on motor carriers without compromising safety.”

Railroad grade crossing requirement

Currently, drivers transporting certain hazardous materials are required to stop before crossing a railroad track unless an exception applies, such as when the crossing is controlled by a functioning highway traffic signal transmitting a green indication. The agency proposes to add a similar exception for a railroad grade crossing equipped with an active warning device that is not in an activated state – for example, flashing lights or crossing gates down indicating the arrival of a train.

Removing obsolete references to ‘water carriers’

FMCSA proposes to remove all obsolete references to “water carriers” in the FMCSA regulations (FMCSRs). “FMCSA does not specifically regulate water carriers except to the extent that such carriers also engage in motor carrier operations. In such cases, the existing FMCSRs provide appropriate coverage of the carrier’s motor carrier operations.”

In addition to the above proposed rules, FMCSA is planning on proposed rules affecting “parts and accessories necessary for safe operation,” including:

• Auxiliary fuel tanks
• Brakes on portable conveyors
• Certification and labeling requirements for rear-impact protection guards
• Fuel tank overfill restriction
• License plate lamps
• Liquid-burning flares
• Retroreflective sheeting on semitrailers and trailers
• Tire load markings
• Spare fuses

Related articles:

• Lawmakers look at expanding FMCSA’s power to rein in cargo theft
• Bill would force FMCSA to back off truck speed controls
• FMCSA makes up to $90M available in FY2025 grants

Click for more FreightWaves articles by John Gallagher.

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