Potential sweeping rule changes continue to impact the nation’s trucking industry. The Federal Motor Carrier Safety Administration (FMCSA) has recommended 18 new rule changes and proposals to federal trucking laws to ease regulatory compliance and support rapid industry growth.
Our national law firm can help you navigate these changes and new rules instituted by the FMCSA as they impact brokers, compliance managers, drivers, and fleets. The Texas Transportation Lawyers at Fee, Smith & Sharp are fierce representatives and supporters of the motor carriers industry. We offer a brief overview of these potential new rules and why they matter.
Redefining What Constitutes Medical Treatment in Accident Reporting
Past rules state that any medical treatment requiring diagnostic imaging, such as X-ray, CT scans, or other imaging tools, would require an incident’s classification as a DOT-recordable matter. Documenting the incident was necessary regardless of whether medical treatment was deemed necessary.
Now, the FMCSA will make modifications in defining the term medical treatment to exclude diagnostic imaging. Only medical interventions requiring sutures, prescription medication, or care beyond the use of diagnostic tools will qualify as recordable incidents. This shift aims to minimize reportable incidents, requiring safety teams to familiarize themselves with new reporting standards to prevent over reporting.
Driver Vehicle Examination Report (DVER) Disposition
In the past, fleets were given 15 days to return a signed roadside inspection form, or DVER, to an issuing state agency. This step was necessary, regardless of whether the agency requested their return. Now, returning signed reports is only essential if the issuing agency requests them.
Fleets must still address violations and document their corrections within 15 days. While saving time in unnecessary paperwork management, fleets must stay abreast of state laws and adhere to agency regulations requiring inspection report submissions.
CDL Exceptions to Apply to Dual-Status Military Technicians
Excluding certain National Guard members and reserve technicians from the exceptions to commercial driver’s license (CDL) standards offered to active-duty military will be eliminated. The exceptions will now extend to dual-status military technicians.
The rule reduces training costs and supports military needs. The rule will impact recruiters and training vendors whose work includes military forces. These changes do not directly impact civilian fleets.
Eliminating the Requirement to Transport an Electronic Logging Device (ELD) Operator’s Manual Hardcopy
Drivers were previously required to carry an ELD operator’s manual in commercial motor vehicles. Now, drivers may use online ELP operators’ manuals, but they still must know how to operate an ELD.
Addressing Ambiguous Language About Electronic Driver Vehicle Inspection Reports (DVIRs)
Initially, the FMCSA stated that using electronic DVIRs was okay. However, the wording in the rule suggested the expectation of a pen-and-paper report. Now, the rule explicitly directs workers to electronically create, store, and sign DVIRs to remove the uncertainty among auditors.
Brake Requirement Exemptions For Some Portable Conveyors
Previous rules require braking systems on all portable conveyors, such as those used in the agricultural industry. However, units built before 2010 are not compatible with this system. Now, brakes on portable conveyors built before 2010 are not a requirement when they meet performance and speed limit criteria.
Exemptions for Small Auxiliary Fuel Tanks From FMVSS Standards
Current rules require auxiliary fuel tanks to meet Federal Motor Vehicle Safety Standards (FMVSS) fueling requirements. Now, tanks under 5 gallons, like those used for tools or smaller motors, are exempt, reducing compliance costs.
Grandfathering Provision Removed on Driver Vision Standards
Rescinding the vision standards grandfathering provision means drivers with vision issues operating under a waiver program must now receive a vision evaluation under new standards. Fleets will need to ensure interstate drivers operating under the waiver study program can meet new vision standards.
Sidewall Tire Load Marking Requirements Rescinded
The new rule proposes to end the requirement that tire load markings be visible and legible. Fleets can now avoid delays and unnecessary tire replacements when load markings fade as long as tires still meet load specifications.
Removal of the Mandate to Carry Spare Fuses
Commercial motor vehicles (CMVs) are now required to carry spare fuses for each type and size of fuse they use on their truck. The proposal comes as trucks with integrated electronic systems and resettable breakers no longer require spare fuses, rendering carrying them a useless practice.
Creates Exceptions to Stopping for Railroad Grade Crossings
The rule proposes to let CMV drivers cross railroad grade crossings without stopping when there is an inactive signal. Previously, drivers were required to stop at all railroad crossings, regardless of activity. Clarity will be necessary to understand if the rule will exclude hazmat haulers and buses to limit unnecessary risks.
Removal of Self-Reporting Requirements
States receive electronic notifications of violations by CDL holders. Removal of self-reporting requirements strives to eliminate redundant work.
Removal of Labeling Requirements on Rear Impact Protection Guards
Previously, a fleet could face citations when labels on rear impact protection guards were unreadable. The new rule will rescind certification and labeling requirements. However, the guard must still comply with standards.
Lifts Fuel Tank Overfill Limit
New tanks with vented caps will no longer be subject to fuel tank overfill restrictions, which limited the tank to 95% capacity. However, fleets must still meet other requirements to prevent spillage.
Repeals the Mandate for Retroreflective Sheeting
The rule will lift the mandate for retroreflective sheeting on semitrailers and trailers manufactured after 1993, as most trailers built before 1993 are no longer in use.
Exempts Truck Tractors From License Plate Lamps When Towing a Trailer
While in tow, a trailer blocks the license plate on the truck’s tractor. Truck tractors that are hauling a trailer will be exempt from requirements to have license plate lamps, eliminating unnecessary regulatory requirements.
Eliminates Liquid-Burning Flares From Approved List of Emergency Devices
The FMCSA seeks to remove liquid burning flares as a necessity for safe operations on motor carriers. The new standard will utilize improved safety equipment, such as LED lighting and reflective triangles.
Removes the Term Water Carriers From Regulations
The FMCSA seeks to remove obsolete references to water carriers because the agency does not regulate them specifically, but only when motor carriers use them in their operations.
Prepare for Navigating Proposals and Rule Changes Impacting the Trucking Industry
At Fee, Smith & Sharp, we recognize the stress that rule changes place on your business. Navigating compliance is challenging for motor carriers. Our firm advises and provides legal representation to motor carriers and transportation specialists in Texas and nationwide. Our team of Texas trial lawyers will safeguard your best interests. Contact us to see how we can help you.
