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New HHG regulations

The FMCSA has issued a final rule amending its “Transportation of Household Goods” regulations in 49 CFR 371 and 375. The changes are meant to streamline documentation requirements, increase efficiency, improve consumer education and protection, and combat fraud.

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FAQ:

Brokers of general freight and household goods must register with FMCSA by filing a Form OP-1, “Application for Motor Property Carrier and Broker Authority.” Authority is granted if the FMCSA finds the person fit, willing, and able to be a broker for transportation and to comply with all applicable laws and regulations.

The revisions go into effect on June 27, 2022.

Mask mandate ended

The Centers for Disease Control (CDC) mask mandate was overturned by a federal judge in Florida on April 18, 2022. The Transportation Security Administration (TSA) mask mandate was discontinued effective immediately, as was the two-week extension that was to take effect April 19, 2022, for masks travel on airplanes, in airports, on buses, and on rail systems. The CDC continues to recommend masks in indoor public transportation settings.

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FAQ:

We see nothing that entitles an employer to require testing proof for the first cycle. Employees are required only to provide documentation (affirmation) of a mandatory or precautionary order of quarantine or isolation. Employees must also provide a request for COVID-19 Quarantine DB/PFL - Self (Form SCOVID19) and Request for Paid Family Leave (Form PFL-1) – if the leave is for the employee’s quarantine/order.

The mask mandate for public transportation networks was discontinued, effective April 18, 2022.

Speed limiters

The FMCSA is (once again) moving ahead with a rule to impose speed limits on commercial vehicles through the mandatory use of speed limiters. The agency is currently gathering public input before it works on a draft version. If finalized, the rule would require motor carriers to set their vehicles’ engine control units to a certain speed (to be determined later) and keep it there for the life of the vehicle. The FMCSA will be deciding whether to apply the rule to all CMVs or only those that require a CDL.

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FAQ:

The issue of speed limiters has been on and off FMCSA's radar for several years. FMCSA recently issued a supplemental notice of proposed rulemaking (SNPRM) requesting public comment on the use of speed limiters on vehicles with a GVWR of 26,001 pounds or more. This is a preliminary step for FMCSA in exploring whether to go through the rulemaking process on this issue.

The FMCSA is gathering input until June 3, 2022, and then plans to issue a proposed rule before working on a final version, which could be months or years away.

Removal of annual list of violations from FMCSRs

FMCSA is publishing a rule to eliminate the need for drivers to complete an annual list of traffic convictions (§391.27). Motor carriers obtain the same information during the annual motor vehicle record (MVR), according to FMCSA. It is a duplication of efforts. The same final rule made minor changes to verbiage, changing “state” to “licensing authority” to include Canadian- and Mexican-licensed drivers.

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FAQ:

Yes, you must still ask on the application for the prior three years' violations. That regulation is still in effect under §391.21(b)(8).

The new rule goes into effect in May.

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