MotorVehicleRegs.COM

No roadside warning triangle for automated trucks

As discussed in a Federal Register notice published March 3, 2023, FMCSA is seeking comment on an exemption request filed by Waymo and Aurora that would exempt automated trucks from the regulations that require specific placement of warning devices around a stopped CMV.  The exemption would allow all motor carriers operating ADS-equipped CMVs without a human on board (or with a human on board), when stopped upon the traveled portion or the shoulder of a highway for any cause other than necessary traffic stops, to use a warning system consisting of forward- and rearward-facing cab mounted flashing amber lamps mounted at a height above the upper edge of the sideview mirrors instead of the currently required warning devices placed around the CMV, as described in 49 CFR 392.22(b).  Comments on the exemption request are due in April.

Safe Integration of Automated Driving Systems (ADS)-Equipped Commercial Motor Vehicles (CMVs)

On February 1, 2023, FMCSA published a supplemental advance notice of proposed rulemaking (SANPRM) in the Federal Register requesting comment about factors the Agency should consider in amending the Federal Motor Carrier Safety Regulations (FMCSRs) to establish a regulatory framework for ADS-equipped CMV operations. FMCSA previously published an advance notice of proposed rulemaking (ANPRM) on May 28, 2019, seeking comments on FMCSRs that may need to be amended, revised, or eliminated to facilitate the safe introduction of ADS-equipped CMVs onto the Nation’s roadways. FMCSA continues to consider amendments to the FMCSRs to ensure the safe integration of ADS-equipped CMVs into interstate motor carriers’ operations and issues this SANPRM to request additional information. Comments are due no later than March 20, 2023.  Docket reference: FMCSA–2018–0037.

Regulatory and Legislative Tracking Reports for Vehicle Manufacturers and Suppliers

Since 1999, Kardos & Associates LLC has supplied the auto industry with the most comprehensive regulatory and legislative tracking reports available. We currently offer clients the following:

Motor Vehicle Safety & Emissions Regulatory Update (the REG UPDATE)

The REG UPDATE has been tracking US and Canadian regulatory activity impacting the auto industry for over twenty years. Regulations developed by the NHTSA, FMCSA, EPA, FCC, CARB, Transport Canada, and Environment Canada are the focus. For each rulemaking, the Reg Update provides a description of the rulemaking, comment deadlines, effective dates, a docket reference, and links to documents available online. Deadlines and critical path items are color-coded so that you can quickly identify what’s new and important. In addition to being an excellent tool for tracking regulatory activity, the Reg Update is a great archive of past actions. The report contains information on virtually every rulemaking affecting automakers from the past two decades. Approximately 400 pages in length.

U.S. Safety & Fuel Economy Regulatory & Legislative Update
The U.S. Safety & Fuel Economy Regulatory & Legislative Update provides a snapshot of the past month’s legislative and regulatory activities relating to safety, emissions and fuel economy. The report provides brief summaries of notices issued by DOT, EPA, CARB and others. With regard to federal legislation, the report covers newly introduced bills, information on committee hearings, etc. Activities at the state level pertaining to emerging technologies (e.g., automated vehicles, advance driver assistance systems, EVs and EV infrastructure, etc.) are also covered.

Federal Legislation Tracking Report
Our legislative tracking report focuses on matters relating to environment and energy, safety and fuel economy/climate change. The report covers two years-worth of bills (the length of each Congressional session) and includes summaries and status updates for each tracked bill. Links to bill text and related information are provided.

All of our reports are distributed monthly via email as a PDF. Subscribers also get access to an online archive of past reports.

For pricing, contact Dale Kardos at (202) 3064997 or [email protected]. For more information about Kardos & Associates LLC, see www.kardosllc.com.

For a PDF of this information, click here.

FMCSA Grants Bosch - Mekra Camera Monitor System Exemption Petition

On Sep. 17, 2020, FMCSA published a notice in the Federal Register announcing a decision to grant Bosch and Mekra Lang a limited 5-year exemption to allow motor carriers to operate commercial motor vehicles (CMVs) with the companies’ CV (Commercial Vehicle) Digital Mirror System installed as an alternative to the two rear-vision mirrors required by the Federal Motor Carrier Safety Regulations (FMCSRs). The exemption is effective Sep. 17, 2020 and ends Sep. 17, 2025.

Bosch and Mekra Lang applied for an exemption on May 16, 2019 from 49 CFR 393.80(a) to allow its CV Digital Mirror System to be installed as an alternative to the two rear-vision mirrors required on CMVs.  FMCSA requested public comment on the petition in the Federal Register published Jan. 30, 2020.  FMCSA received three comments, from the American Bus Association and two individuals.  ABA supported the petition while the two individuals expressed concerns.  FMCSA decided to grant the petition given they believe that use of the CV Digital Mirror System will provide CMV drivers with an enhanced field of view when compared to the required rear-vision mirrors because:

(1) it eliminates the blind spots on both sides of the vehicle created by the required rear-vision mirrors,

(2) the multi-camera system expands the field of view compared to the required rear-vision mirrors by an estimated 25 percent, and

(3) the system uses high definition cameras and monitors that include features such as color night vision, low light sensitivity, and light and glare reduction that together help provide drivers with improved vision in the field of view when compared to traditional rear-vision mirrors.

In the notice, FMCSA emphasizes that this exemption is limited to the Bosch and Mekra Lang CV Digital Mirror System, and does not apply to any other camera-based mirror replacement system/technology.  The notice also states that interested parties possessing information that would demonstrate that motor carriers operating CMVs utilizing the Bosch and Mekra Lang CV Digital Mirror System installed as an alternative to two rear-vision mirrors are not achieving the requisite statutory level of safety should immediately notify FMCSA. The Agency will evaluate any such information and, if safety is being compromised or if the continuation of the exemption is not consistent with 49 U.S.C. 31136(e) and 31315(b), will take immediate steps to revoke the exemption.

Pronto.ai Application for Exemption

On April 20, 2020, FMCSA published a notice in the Federal Register requesting public comment on an application from Pronto.ai, Inc. (‘‘Pronto’’) on behalf of its interstate motor carrier customers, for a renewable five-year exemption from the 11-hour driving limit and the 14-hour driving window in the Agency’s hours-of-service (HOS) requirements. Pronto is requesting that drivers operating commercial motor vehicles (CMVs) equipped with the Copilot by Pronto advanced driver assistance systems (ADAS), the SmartDrive® Video Safety Program, and operating under certain other safeguards, be allowed to drive up to 13 hours during a period of 15 consecutive hours after coming on duty following 10 consecutive hours off duty. Comments on the application are requested on or before May 20, 2020. Docket reference: FMCSA–2020–0116. FMCSA contact: Mr. Richard Clemente, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202–366– 4225. Email: [email protected].

NHTSA Camera Mirror System ANPRM

On Oct. 10, 2019, NHTSA published an Advance notice of proposed rulemaking (ANPRM) seeking public input on permitting camera-based rear visibility systems, commonly referred to as “Camera Monitor Systems” or “CMS,” as an alternative to inside and outside rearview mirrors. Federal motor vehicle safety standard (FMVSS) No. 111, “Rear Visibility,” currently requires that vehicles be equipped with rearview mirrors to provide drivers with a view of objects that are to their side or to their side and rear. The notice responds to two rulemaking petitions from manufacturers seeking permission to install CMS, instead of outside rearview mirrors, on both light vehicles and heavy trucks. The ANPRM builds on the agency’s prior efforts to obtain supporting technical information, data, and analysis on CMS so that the agency can determine whether these systems can provide the same level of safety as the rearview mirrors currently required under FMVSS 111. Note that comments on NHTSA’s Aug. 28, 2019 FR notice which sought input on planned research relating to this matter are due Oct. 28, 2019.

Comments in response to the ANPRM are due Dec. 9, 2019.

Docket ref: NHTSA-2018-0021.

NHTSA contacts: Contact Mr. Andrei Denes, Office of Crash Avoidance Standards (Phone: 202-366-9544) or Mr. Daniel Koblenz, Office of Chief Counsel (Phone: 202-366-2992).

FMCSA Seeking Input on Regulatory Barriers to Automated Commercial Trucks

On April 24, 2017, FMCSA will hold a public listening session to solicit information on issues relating to the design, development, testing, and deployment of highly automated commercial vehicles (HACVs). The listening session will provide interested parties an opportunity to share their views and any data or analysis on this topic with Agency representatives.  The meeting is scheduled to begin at 9:30 and run until noon.  It will be webcast via this link: https://www.fmcsa.dot.gov/event/highly-automated-commercial-vehicles-hacvs-federal-motor-carrier-safety-administration-fmcsa

With the meeting, FMCSA is seek information on issues that need to be addressed to ensure that the Federal safety regulations provide appropriate standards for the safe operation of HACVs from design and development through testing and deployment. Specifically, FMCSA is looking for input on the application of the following regulatory provisions in title 49 CFR to HACVs:

1. Part 383 (Commercial Driver’s Licenses);
2. Part 391 (Qualifications of Drivers);
3. Sections 392.80 and 392.82 (Use of electronic devices);
4. Part 395 (Hours of Service of Drivers); and
5. Part 396 (Inspection, Repair, and Maintenance).

FMCSA also requests comments on how enforcement officials could identify CMVs capable of various levels of automated operation and the types of HACV equipment that can be effectively inspected at roadside.

More details are contained in the Federal Register notice.

Note: The meeting is being held as part of the Commercial Vehicle Safety Alliance Workshop at the Hyatt Regency Atlanta.

Written comments will be accepted through July 17, 2017

Speed Limiting Devices (new FMVSS 140 proposed)

On Aug. 26, 2016, NHTSA and the FMCSA jointly released an NPRM in the Federal Register proposing regulations that would require vehicles with a GVWR over 11,793.4 kilograms (26,000 pounds) to be equipped with a speed limiting device.  With the NPRM, NHTSA is proposing to establish a new FMVSS (No. 140)) requiring that each new multipurpose passenger vehicle, truck, bus and school bus with a GVWR of more than 11,793.4 kilograms (26,000 pounds) be equipped with a speed limiting device. The proposed FMVSS would also require each vehicle, as manufactured and sold, to have its device set to a speed not greater than a specified speed and to be equipped with means of reading the vehicle’s current speed setting and the two previous speed settings (including the time and date the settings were changed) through its OBD connection.

In the NPRM, FMCSA is proposing a complementary Federal motor carrier safety regulation (FMCSR) requiring each commercial motor vehicle (CMV) with a GVWR of more than 11,793.4 kilograms (26,000 pounds) to be equipped with a speed limiting device meeting the requirements of the proposed FMVSS applicable to the vehicle at the time of manufacture, including the requirement that the device be set to a speed not greater than a specified speed. Motor carriers operating such vehicles in interstate commerce would be required to maintain the speed limiting devices for the service life of the vehicle.

If the proposed FMVSS is established, NHTSA is proposing a compliance date of the first September 1 three years after publication of a final rule.

Deadline for comments: 60 days after the rule is published in the Federal Register.

Docket reference: NHTSA-2016-0087 and FMCSA-2014-0083

Agency contacts: NHTSA: For technical issues, Mr. Markus Price, Office of Vehicle Rulemaking, (202) 366-1810. Legal issues, David Jasinski, Office of Chief Counsel, (202) 366-2992. FMCSA: For technical issues, Michael Huntley, Vehicle and Roadside Operations, (202) 366-5370. For legal issues, Charles Medalen, Office of Chief Counsel, (202) 366-1354.

For a comprehensive overview of the NPRM, contact Dale Kardos at Dale Kardos & Associates, Inc. ([email protected]).

FMCSA SNPRM to Require Electronic Logging Devices

On March 13, 2014, the Department of Transportation issued the following press release announing a supplemental notice of proposed rulemaking to require interstate commercial truck and bus companies use Electronic Logging Devices (ELDs) in their vehicles to improve compliance with the safety rules that govern the number of hours a driver can work.  For a copy of the proposal, click here. 

 

DOT Proposes Use of Electronic Logbooks to Improve Efficiency, Safety in Commercial Bus & Truck Industries

Updated rule would slash highest federal paperwork burden after taxes and prevent fatigued drivers

WASHINGTON - The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) today announced a proposal to require interstate commercial truck and bus companies to use Electronic Logging Devices (ELDs) in their vehicles to improve compliance with the safety rules that govern the number of hours a driver can work.

The proposed rulemaking would significantly reduce the paperwork burden associated with hours-of-service recordkeeping for interstate truck and bus drivers - the largest in the federal government following tax-related filings - and improve the quality of logbook data.

"Today's proposal will improve safety while helping businesses by cutting unnecessary paperwork - exactly the type of government streamlining President Obama called for in his State of the Union address," said Transportation Secretary Anthony Foxx. "By leveraging innovative technology with Electronic Logging Devices, we have the opportunity to save lives and boost efficiency for both motor carriers and safety inspectors."

The proposed rule will ultimately reduce hours-of-service violations by making it more difficult for drivers to misrepresent their time on logbooks and avoid detection by FMCSA and law enforcement personnel. Analysis shows it will also help reduce crashes by fatigued drivers and prevent approximately 20 fatalities and 434 injuries each year for an annual safety benefit of $394.8 million.

"By implementing Electronic Logging Devices, we will advance our mission to increase safety and prevent fatigued drivers from getting behind the wheel," said Federal Motor Carrier Safety Administrator Anne S. Ferro. "With broad support from safety advocates, carriers and members of Congress, we are committed to achieving this important step in the commercial bus and truck industries."

The Supplemental Notice of Proposed Rulemaking, which was sent to the Federal Register to publish on March 12, supersedes a prior 2011 Notice of Proposed Rulemaking related to electronic on-board recorders. It includes provisions to:

• Respect driver privacy by ensuring that ELD records continue to reside with the motor carriers and drivers. Electronic logs will continue to only be made available to FMCSA personnel or law enforcement during roadside inspections, compliance reviews and post-crash investigations.
  
  
• Protect drivers from harassment through an explicit prohibition on harassment by a motor carrier owner towards a driver using information from an ELD. It will also establish a procedure for filing a harassment complaint and creates a maximum civil penalty of up to $11,000 for a motor carrier that engages in harassment of a driver that leads to an hours-of-service violation or the driver operating a vehicle when they are so fatigued or ill it compromises safety. The proposal will also ensure that drivers continue to have access to their own records and require ELDs to include a mute function to protect against disruptions during sleeper berth periods.
  
  
• Increase efficiency for law enforcement personnel and inspectors who review driver logbooks by making it more difficult for a driver to cheat when submitting their records of duty status and ensuring the electronic logs can be displayed and reviewed electronically, or printed, with potential violations flagged.

In developing the updated proposal, FMCSA relied on input from its Motor Carrier Safety Advisory Committee, feedback from two public listening sessions and comments filed during an extended period following the 2011 proposed rule. The proposal also incorporates the mandates included in the most recent transportation bill, the Moving Ahead for Progress in the 21st Century (MAP-21) Act, and other statutes.

Impaired driving, including fatigue, was listed as a factor in more than 12 percent of the 129,120 total crashes that involved large trucks or buses in 2012.

New federal regulations designed to improve safety for the motoring public by reducing the risk of truck driver fatigue took effect on July 1, 2013: http://www.fmcsa.dot.gov/about/news/news-releases/2013/fmcsa-40-13.aspx.

On August 1, 2013, the Obama Administration announced another proposal to eliminate a burdensome daily paperwork requirement for professional truck drivers, daily vehicle inspection reports, and reduce costs to the industry by an estimated $1.7 billion annually while maintaining safety standards: http://www.fmcsa.dot.gov/about/news/news-releases/2013/FMCSA-46-13.aspx.

For more information on the Supplemental Notice of Proposed Rulemaking on Electronic Logging Devices, see:www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/rule-programs/rule_making_details.aspx?ruleid=475.

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Electronic Logging Devices

On November 11, 2014, the Office of Management and Budget completed its review of the FMCSA Electronic Logging Devices and Hours of Service rule.  Expected to be released imminently, the SNPRM will propose to establish:

(1) minimum performance and design standards for hours-of-service (HOS) electronic logging devices (ELDs);

(2) requirements for the mandatory use of these devices by drivers currently required to prepare HOS records of duty status (RODS);

(3) requirements concerning HOS supporting documents; and

(4) measures to address concerns about harassment resulting from the mandatory use of ELDs.

This rulemaking supplements the Agency’s February 1, 2011 NPRM and addresses issues raised by the U.S. Court of Appeals for the Seventh Circuit in its 2011 decision vacating the Agency’s April 5, 2010, final rule concerning ELDs as well as subsequent statutory developments. The proposed requirements for ELDs would improve compliance with the HOS rules.