In April this year the U.S. Department of Transportation asked the public which transportation regulations should be modified or repealed. This week the Federal Motor Carrier Safety Administration sent to the Federal Register 18 proposed rule modifications or repeals. They will be formally published on Friday, May 30. There will be a 60-day public comment period.
The proposed rule changes include:
Modification of the term “medical treatment” in accident reporting. Motor carriers must report accidents involving fatality, bodily injury, or the need for towing vehicles from the scene. Originally, a person receiving evaluation of a possible injury, such as through x-rays, was considered to have received “medical treatment,” making the accident reportable even if no injury was found. In 2022 FMCSA issued guidance that mere evaluation does not constitute “medical treatment,” but guidance is not legally binding. Now FMCSA proposes to change the definition of “accident” itself, eliminating any confusion over what constitutes “medical treatment.”
Eliminating self-reported violations. Today, all 50 States and the District of Columbia electronically exchange out-of-state violations by a commercial driver holding a CDL from that jurisdiction (https://www.prepassalliance.org/behind-the-scenes-on-cdls/). So, FMCSA believes drivers should no longer need to self-report those violations.
ELD operating manual no longer required in vehicle. Electronic logging device (ELD) manufacturers must certify their product meets FMCSA technical standards. Drivers must be trained in the operation of their ELDs. But carry the ELD operating manual in the truck? FMCSA says that enough is enough.
Vehicle examination reports need not be signed and returned. Thanks to the Commercial Vehicle Safety Alliance (CVSA), FMCSA proposes that motor carriers should submit a signed inspection report to the state agency that issued the report only if that agency requests it. CVSA says those pieces of paper are typically filed away and no action is taken to improve safety. Motor carriers will still be responsible for correcting any violations within 15 days.
Electronic daily vehicle inspection reports. In another move to reduce paperwork, FMCSA is emphasizing that a driver’s pre-trip and post-trip vehicle inspection reports may be created, maintained and filed (by email or text) electronically. FMCSA agrees with the National Tank Truck Carriers that many electronic monitoring systems exist to provide the safety assurances that the paper DVIR was designed to provide.
Railroad grade crossings. Currently, trucks transporting certain hazardous materials and buses carrying passengers must stop at all railroad grade crossings unless the crossing has a traffic signal showing green. FMCSA now proposes that those commercial vehicles may cross without stopping where a warning device – such as flashing lights or automated gates – indicating the arrival of a train has not been activated.
More flexibility for military personnel. FMCSA proposes that “dual-status” military technicians, those who are required by law to maintain military status in one of the Army or Air Force Reserve to support their employment by the armed forces, qualify for the military exception from the CDL standards.
These are not all the proposed modifications and changes. FMCSA also lists amendments to the “parts and accessories necessary for safe operation,” affecting:
Auxiliary fuel tanks; brakes on portable conveyors; labels on rear impact guards; fuel tank overfill restriction; license plate lamps; flares; retroreflective sheeting on trailers; and more.
Did you know FMCSA rules still address “water carriers,” even though FMCSA has no jurisdiction over things afloat? That, too, will be gone. The regulatory world is about to get simpler, clearer, and less costly and intrusive.