The Federal Motor Carrier Safety Administration should continue to protect truck drivers’ right to personal conveyance.
That was the Owner-Operator Independent Drivers Association’s message to the agency in formal comments delivered on Thursday, Sept. 26. The comments were in response to FMCSA’s mandatory review of its regulatory guidance documents.
FMCSA has issued about 1,300 regulatory guidance documents that are aimed at providing clarification on how truck drivers and motor carriers can comply with regulations. Regulatory guidance isn’t legally binding because it doesn’t go through the rulemaking process. However, law enforcement officers often rely on the documents to determine compliance.
OOIDA focused its comments on the agency’s guidance surrounding personal conveyance, the Medical Examiner’s Handbook, electronic logging devices and broker reform.
“We believe FMCSA’s guidance generally serves its purpose in helping regulated entities and the public better understand the agency’s regulations,” OOIDA President Todd Spencer wrote. “However, improvements should be made to the guidance portal along with other amendments to the Medical Examiner Handbook and implementing guidance that would enhance broker transparency.”
Personal conveyance
Personal conveyance is the movement of a commercial motor vehicle for personal use while off-duty.
The Commercial Vehicle Safety Alliance has petitioned FMCSA on multiple occasions to create mileage or time limits for personal conveyance. Each time, the petition has been denied.
OOIDA encouraged FMCSA to maintain that stance.
“A commercial motor vehicle driver’s time is already overregulated in terms of when they can drive and when they can rest,” Spencer wrote. “There should not be any additional restrictions on how a driver can use his or her own personal time. We have supported FMCSA’s denial of petitions that would establish personal conveyance limits. We urge the agency to uphold this guidance and protect the use of personal conveyance moving forward.”
Certified Medical Examiner’s Handbook
For years, OOIDA has called out the agency for the failure of the handbook to distinguish between regulation and guidance. The Association said that while the 2024 version improved in that area, more work needs to be done.
Guidance involving truck drivers with obstructive sleep apnea remains a problem area, OOIDA said.
“The updated handbook still includes sections, such as obstructive sleep apnea, that remain overly reliant on recommendations instead of approved regulatory standards,” Spencer wrote.
“The Medical Examiner’s Handbook should not reference the 2016 Medical Review Board recommendations on certification of drivers with moderate-to-severe obstructive sleep apnea. The inclusion of these recommendations empowers medical examiners to continue forcing needless obstructive sleep apnea screening/testing upon drivers.”
ELDs
Pre-2000 trucks are exempt from the ELD mandate. FMCSA guidance clarifies that the exemption also applies to rebuilt pre-2000 engines that are placed into a newer truck model.
“This guidance clarifies questions from motor carriers, drivers and law enforcement about ELD compliance if the model year reflected on the vehicle registration is not the same as the engine model year,” Spencer wrote. “OOIDA has supported FMCSA’s interpretation.”
OOIDA added that there is no evidence that the ELD mandate has improved highway safety.
Broker reform
Although most of the feedback focuses on existing guidance documents, OOIDA used the public comment period to suggest a topic that requires guidance from the agency.
OOIDA petitioned FMCSA in 2020 to create a rule aimed at addressing the lack of broker transparency in the trucking industry. FMCSA granted the petition and is expected to release a notice of proposed rulemaking in October. While truckers wait for the slow-moving rulemaking process, OOIDA suggested that FMCSA should issue guidance to improve compliance with existing broker transparency regulations. LL
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