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New Proposed Rules – How to Find the New Proposed FMCSA Regulations

The Federal Motor Carrier Safety Regulations (“FMCSRs”) are issued by the Federal Motor Carrier Safety Administration (“FMCSA”), both only after they are made publicly available as rulemaking documents, and comment is sought with respect to the same.  To find the proposed new FMCSRs, one should go to the FMCSA’s website and access http://www.fmcsa.dot.gov/regulations/rulemaking.  During the past year, the FMCSA has proposed new rules concerning

Date        Part    Subject
(1st)

05/04/2015    391    Qualifications of Drivers; Diabetes Standard
04/23/2015    383    Medical Examiner’s Certificate Integration

04/03/2015    383    Civil Penalties Inflation Adjustment

03/27/2015   350    State Inspection Programs for Passenger-Carrying Vehicles; Listening Session

03/26/2015   390    Federal Motor Carrier Safety Regulations; Regulatory Guidance Concerning Crashes Involving Vehicles Striking Attenuator Trucks Deployed at Construction Sites

12/22/2014   395    Hours of Service of Drivers

12/22/2014   350    State Inspection Programs for Passenger-Carrying Vehicles; Listening Sessions

12/18/2014   392    Inspection, Repair, and Maintenance; Driver-Vehicle

Inspection Report (DVIR)

12/10/2014   380    Minimum Training Requirements for Entry-Level Driver Commercial Motor Vehicle Operators; Establishment of a Negotiated Rulemaking Committee

11/28/2014   387    Financial Responsibility for Motor Carriers, Freight Forwarders, and Brokers

10/22/2014   390    Amendment to Emergency Relief Exemptions Pursuant to the Reliable Home Heating (RHH) Act

10/02/2014  Misc.    General Technical, Organizational, and Conforming Amendments to the Federal Motor Carrier Safety Regulations.

10/01/2014   391    Driver Qualifications; Regulatory Guidance Concerning the Applicability of Language Requirement to Drivers Who Do Not Meet the Hearing Standard

09/22/2014   380    Minimum Training Requirements for Entry-Level Commercial Drivers’ License Applicants; Consideration of Negotiated Rulemaking Process

07/10/2014  395    Hours of Service for Commercial Vehicle Drivers; Regulatory Guidance Concerning Records of Duty Status Generated by Logging Software Programs

06/05/2014   383    Motor Carrier Management Information System (MCMIS) Changes to Improve Uniformity in the Treatment of Inspection Violation Data.

For detail concerning each agency action, click on the subject line, and a new page with the action, summary, authority, published date, effective date, comment by deadline, federal register location, RIN, Docket # and CFR Part # will all appear.  For example, by clicking on the December 22, 2014 action concerning “Hours of Service of Drivers,” one will see a full page with the action listed as “Notice of suspension of enforcement,” the published date of 12/22/2014, the effective date of 12/16/2014; the Federal Register location of 2014-30028, CFR Part 395, Authority: 79 FR 76241, and a summary that says the following:

FMCSA suspends enforcement of certain sections of the Agency’s Hours of Service (HOS) rules as required by the Consolidated and Further Continuing Appropriations Act, 2015, enacted December 16, 2014. Specifically, FMCSA suspends the requirements regarding the restart of a driver’s 60- or 70-hour limit that drivers were required to comply with beginning July 1, 2013. The restart provisions have no force or effect from the date of enactment of the Appropriations Act through the period of suspension, and such provisions are replaced with the previous restart provisions in effect on June 30, 2013. FMCSA provides this notification to motor carriers, commercial drivers, State Motor Carrier Safety Assistance Program grant recipients and other law enforcement personnel of these immediate enforcement changes.

The FMCSA website is an excellent resource to enable one searching for rulemaking activities to locate such activities.

Written by:
Mikal C. Watts
Watts Guerra, LLP
Four Dominion Drive, Bldg. Three, Suite 100
San Antonio, Texas 78257
Phone: (210) 447-0500
Email: mcwatts@guerrallp.com

* This information is provided to supply relevant information concerning a truck wreck lawsuit lawsuit, and should not be received as legal advice.  Legal advice is only given to persons or entities with whom Watts Guerra LLP has established an attorney-client relationship.  If you have another lawyer in a trucking lawsuit, you should consult with your own attorney, and rely upon his or her advice, rather than the information contained herein.

© Watts Guerra LLP 2015

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