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2020 Year in Review for Motor Carrier Safety Regulations

When?What happened?What does it mean?
Jan. 6The new Drug & Alcohol Clearinghouse was launched.Motor carriers must query the database for all new drivers and annually for all existing CDL drivers, and must ensure that violations are reported to the Clearinghouse.
Jan. 15FMCSA launched a new Large Truck Crash Causal Factors Study.When complete in roughly two years, the study should shed light on ways to prevent truck and bus crashes.
Feb. 4The compliance deadline for new entry-level driver training rules was pushed back two years to February 7, 2022.Motor carriers need to continue complying with the new-driver training rules in Part 380 for at least another year. The 2022 rules will require drivers to obtain training as a prerequisite to getting a new CDL or endorsement.
Feb. 28FMCSA launched a study of the problem of harassment and assaults against minority and female truckers.The study, scheduled for completion this year, could lead to recommendations for preventing driver harassment and assaults.
March 13FMCSA began issuing a series of waivers and exemptions for drivers impacted by the COVID-19 pandemic. Many of these were eventually extended through the end of 2020.A list of current FMCSA exemptions and waivers is available at www.fmcsa.dot.gov/COVID-19.
March 23TSA issued a final rule requiring security training for motorcoach drivers operating on fixed routes into or out of 10 major metro areas.Though the rolling compliance deadlines have been delayed (training programs are now due by March 22, 2021), affected bus companies will still need to comply with the new rules in 49 CFR Part 1570.
April 1Drivers found with violations in the Drug & Alcohol Clearinghouse began being placed out of service.Motor carriers may never use a driver who is listed in the Clearinghouse as being “prohibited” from driving.
April 28FMCSA issued a proposed rule to require states to downgrade CDL drivers’ licenses whenever a drug or alcohol violation is added to the Clearinghouse.The FMCSA could issue the final rule at any time, though implementation by the states will take time.
May 6FMCSA launched an enhanced Crash Preventability Determination Program.Motor carriers and drivers can use DataQs to challenge the preventability of 10 types of reportable crashes.
May 19Due to the pandemic, FMCSA began conducting off-site compliance reviews.Motor carriers are being audited from a remote location and asked to upload compliance documents via an online portal. They can even receive a safety rating without ever seeing the auditor.
June 1Four key provisions in the hours-of-service rules were revised, adding needed flexibility for truck and bus drivers.As of Sept. 29, 2020, drivers can take advantage of new flexibility related to 30-minute breaks, short-haul operations, sleeper-berth usage, and adverse conditions.
Aug. 17A new version of the Federal Drug Testing Custody and Control Form (CCF) was approved for use.The new form must be used for all drug tests starting no later than August 30, 2021.
Aug. 17FMCSA removed the requirement that bus drivers complete no-defect DVIRs.Bus drivers are now exempt from needing to complete post-trip inspection reports when there are no defects to report.
Sept. 3FMCSA launched a pilot program to study whether drivers should be allowed to pause the 14-hour clock with rest breaks of up to 3 hours.If the study is a success, the FMCSA may change its rules to allow all truck drivers to pause the 14-hour clock.
Sept. 10The Department of Health proposed new guidelines for hair testing.If finalized, the DOT and FMCSA will need to amend their drug testing rules to allow hair testing in place of urine.
Sept. 25FMCSA updated the list of violations tracked in its CSA program.Most changes involved an expansion of existing violations and were insignificant. In all, 63 new violations were added, 4 were removed, the 34 received new descriptions.
Oct. 8FMCSA issued an exemption allowing pulsating brake lights on tanker trucks to help prevent rear-end crashes.The five-year exemption allows motor carriers to install pulsating red or amber brake lights on tankers.
Nov. 24FMCSA issued a new rule clarifying the definition of agricultural commodity, effective December 9.New definitions in §395.2 expand the number of carriers eligible for two agriculture-related hours-of-service exceptions.

FMCSA is Requesting Comments on “Yard Moves”

FMCSA is proposing to revise the regulatory guidance concerning
recording time operating a commercial motor vehicle as a “yard move.” This guidance applies to all commercial motor vehicle (CMV) drivers required to record their hours of service.

The Agency requests public comments on the proposed guidance, which includes examples of properties that are and are not “yards.” Movements of CMVs in “yards” would be considered “yard moves” and could be recorded as on-duty not driving time rather than driving time.

View the notice here.

Proposed FMCSA Rules

FMCSA RuleSummaryStatus
Application by Certain Mexico-Domiciled Motor Carriers to Operate Beyond U.S. Municipalities and Commercial Zones on the U.S.-Mexico BorderThe international agreement would change regulations that govern applications and would require additional information on the applicant’s business and operating practices.Undetermined. Delays attributed to unanticipated issues requiring further analysis.
MAP-21 Enhancements and Other Updates to the Unified Registration SystemWould implement several provisions of MAP-21 as they relate to the Unified Registration System. Would update and codify the agency’s procedures for granting, suspending, and revoking registration. The intent is to allow for greater uniformity, transparency, efficiency and predictability in those processes, according to the FMCSA.Undetermined. An NPRM was published on September 20, with comments accepted through November 22.
Consumer Complaint InformationWould require carriers of household goods to submit quarterly reports of complaints received.Undetermined. Delays attributed to lack of resources and lack of staffing.
Financial Responsibility for Motor Carriers, Freight Forwarders, and BrokersWould increase minimum insurance requirements for freight and passenger motor carriers.ANPRM. The FMCSA accepted comments through last fall on several key regulatory issues related to this rule.
New Entrant Safety Assurance ProcessWould improve methods to ensure new applicant carriers are knowledgeable about safety requirements.Undetermined. Delays attributed to additional coordination needs.
Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating in the United StatesThis international agreement would implement a system to evaluate the safety fitness of Mexico-domiciled carriers within 18 months of being granted authority to operate in the U.S. Would also establish suspension and revocation procedures.Undetermined. Delays attributed to unanticipated issues requiring further analysis.
Heavy Vehicle Speed LimitersThis rule would require the installation of speed limiting devices on heavy trucks.NPRM was published on 9/7/16 and ended on 11/7/16.
Amendments to Motor Carrier Safety Assistance ProgramProposes amendments to address changes in the Agency’s grant programs resulting from Fixing America’s Surface Transportation (FAST) Act.NPRM. This rule has seen delays because it’s awaiting the development of additional data.
Safe Integration of Automated Driving Systems-Equipped Commercial Motor Vehicles The FMCSA has requested public comment about the current Federal Motor Carrier Safety Regulations (FMCSRs) and whether they’ll need to be updated, modified or eliminated to make the safe introduction of automated driving systems on our nation’s roadways easier.ANPRM was published in late May with comments accepted through the end of August.
Hours of Service of Drivers of Commercial Motor Vehicles; Transportation of Agricultural Commodities In an effort to create a clearer definition of the term “Agricultural commodity,” the FMCSA is seeking public comment and data on the issue.ANPRM. Comments were open through September 27.
Controlled Substances and Alcohol Testing: State Driver’s Licensing Agency Downgrade of CDLThe FMCSA is proposing that all State Driver’s Licensing Agencies remove commercial driving privileges from anyone who violates the current drug or alcohol regulations. Privileges would not be reinstated until the return-to-duty process is complete.NPRM. No further information is available.