J. J. Keller® Compliance Check-In

TOPIC

DESCRIPTION

NEXT ACTION

DOT agenda

The DOT expects to issue at least six new rules in coming months, according to their latest rulemaking agenda. Between now and January, they expect to issue final rules that will:

Set tougher manufacturing standards for bumpers on trailers and semitrailers;
Give DOT-regulated employers the option to test saliva instead of urine for drugs, in certain circumstances;
Reduce Unified Carrier Registration (UCR) fees for 2023 and beyond;
Clarify how the FMCSRs apply to certain bus and motorcoach operations;
Make numerous technical and editorial corrections to the FMCSRs; and
Adjust civil penalties (fines) for inflation.

READ RELATED ARTICLE

FAQ:

A broker that does not operate vehicles does not need, nor should have, carrier for-hire authority.

New regulations will be rolling out over the next 6 months and beyond.

New HHG regulations

The FMCSA has announced that it will be delaying enforcement of its new “Transportation of Household Goods” regulations until October 31, 2022. The rule changes issued in April went into effect on June 27, but the FMCSA decided to delay their enforcement until after the busy summer moving season. The changes to 49 CFR 371 and 375 are meant to streamline documentation requirements, increase efficiency, improve consumer education and protection, and combat fraud.

READ RELATED ARTICLE

The revisions went into effect on June 27, 2022, but will not be enforced until Halloween.

Independent contractors — CA

On June 30, the California Trucking Association (CTA) was denied its request to have the U.S. Supreme Court hear its case about the state’s AB 5 contractor law and the residual impact that this law has on motor carriers and commercial drivers.

This means that the U.S. Court of Appeals for the Ninth Circuit’s ruling stands and the leased owner-operator business model will be upended in California.

Independent contractors, also known as owner-operators, can haul freight in California under their own DOT number and authority, just not under a lease to a trucking company. An independent contractor leased to a carrier runs under the carrier’s DOT number and in CA that is no longer allowed under AB5.

READ RELATED ARTICLE

FAQ:

Motor carriers located in California or around the country that lease independent contractors to haul freight in California are affected by AB 5.

The motor carrier injunction will be lifted soon — possibly within days. Enforcement is retroactive to the effective date of AB 5, which was January 1, 2020.

COVID-related waivers

Several COVID-related emergency waivers remain in place:

A waiver from the hours-of-service (HOS) rules for drivers transporting certain medical supplies, food, livestock, fuel, and other supplies remains in place until August 31, 2022.
Another waiver from the HOS rules is in place through July 31, 2022, for drivers delivering baby formula, ingredients for producing baby formula (whey, casein, corn syrup, hydrolyzed protein, etc.), and containers and packaging for baby formula.
The FMCSA is allowing states to waive the “under-the-hood" skills test for drivers seeking a school bus endorsement, until September 30, 2022.
A waiver from certain commercial learner’s permit (CLP) requirements remains in place through August 31, 2022.

READ RELATED ARTICLE

FAQ:

Motor carriers must verify that their drivers are eligible for a waiver before using it, and carriers must report their use of an hours-of-service exemption to FMCSA on a monthly basis.

The waivers are set to expire later this year but could be extended.

Get started now for free

Already have a login?