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January 2023

Federal Motor Carrier Service Administration - FMCSA

Broker and freight forwarder​ ​regulations may be revised. If a broker has a drawdown on their surety bond or trust agreement due to claims being paid and it ​falls below $75,000.​ This would happen when a broker or freight forwarder consents to a drawdown, if the broker or freight forwarder does not respond to a valid notice of claim from the surety or trust provider, causing the provider to pay the claim, or if the claim against the broker or freight forwarder is converted to a judgment and the surety or trust provider pays the claim. FMCSA also proposes that, if a broker or freight forwarder does not replenish funds within seven business days after notice by FMCSA, the agency will issue a notification of suspension of operating authority to the broker or freight forwarder.


Beginning January 6, 2023, a pre-employment Clearinghouse query will satisfy the requirement to investigate a prospective driver's previous drug and alcohol program violations. The Clearinghouse now has three years of data. Carriers will still be required to do three-year work history investigations.




Compliance, Safety, Accountability - CSA

There has been some confusion on the purpose of the CSA is to monitor company safety and fitness. This is a barometer for the FMCSA to evaluate which carriers should go through a safety compliance audit. Insurance companies and shippers are using the values also to see if a carrier has a safety problem in one of the “BASIC” areas. This affects insurability and insurance rates and can limit carriers to receive loads. The scores for the seven BASIC safety areas do not generate fines or penalties but are only an evaluation tool.


The CSA system is continually being tweaked. There is a proposal to reduce the threshold for CSA intervention for Vehicle Maintenance from 80% to 75% which would put more carriers in the Alert status for this BASIC. There is also a possibility that the threshold would be increased from 80% to 90% for controlled Substances/Alcohol, Hazardous Material Compliance, and Driver Fitness, causing fewer carriers to be in the Alert status in these three areas.


The CSA is based on the following Behavioral Analysis Safety Improvement Categories - BASICs:


Unsafe Driving BASIC - Operation of a CMV dangerously or carelessly. Sample violations: speeding, reckless driving, improper lane change, and inattention. The current intervention threshold for this BASIC is 65+%.


Hours-Of-Service (HOS) BASIC - Operation of a CMV by drivers who are ill, fatigued, or in non-compliance with the hours-of-service regulations. This BASIC includes violations of regulations surrounding the complete and accurate recording of logbooks as they relate to HOS requirements and the management of CMV driver fatigue. Sample violations: HOS, logbook, and operating a CMV while ill or fatigued. The current intervention threshold for this BASIC is 65+%.


Driver Fitness BASIC - The operation of a CMV by a driver who is unfit to operate a CMV due to a lack of training, experience, or medical qualifications. Sample violations: failure to have a valid and appropriate commercial driver's license and being medically unqualified to operate a CMV. The current intervention threshold for this BASIC is 80+%.


Controlled Substances and Alcohol BASIC - Operation of a CMV by a driver who is impaired due to alcohol, illegal drugs, and/or misuse of prescription or over-the-counter medications. Sample violation: use or possession of controlled substances or alcohol. The current intervention threshold for this BASIC is 80+%.


Vehicle Maintenance BASIC - Includes failure due to improper or inadequate maintenance. Sample violations: brakes, lights, and other mechanical defects, failure to make required repairs, a CMV incident resulting from shifting loads, spilled or dropped cargo, and unsafe handling of hazardous materials. Improper load securement and cargo retention. The current intervention threshold for this BASIC is 80+%.


Hazardous Materials (HM) Compliance BASIC - Motor carriers that do not comply with Federal safety regulations relating to properly packaging, transporting, accurately identifying, and communicating correctly that there is hazardous cargo in the event of a crash or spill. The general public is subject to a greater safety risk if HM is involved in a motor carrier crash. Unmarked or poorly marked HM cargo can result in less effective emergency response, as well as injuries and fatalities for emergency responders and others. The current intervention threshold for this BASIC is 80+%.


Additionally, the Safety Measurement System (SMS) evaluates an entity’s crash history relative to its peers. Crash history is not specifically a behavior. Rather, it is a consequence of a behavior and may indicate a problem with the entity that warrants intervention.


The Crash Indicator is defined as follows: Histories or patterns of high crash involvement, including frequency and severity and is based on information from state-reported crash reports. The current intervention threshold for this BASIC is 65+%.



IFTA and IRP

Carriers that use GPS systems for IRP and IFTA must ask the following questions to comply with the regulations:


Does the software that collects and organizes the GPS data store the information for at least four years?


Does the system record the date and time of each GPS reading (ping)?


Does the system record the location (latitude, longitude) of each GPS reading (ping)?


Does the system record the beginning and ending readings of the odometer for the trip?


Does the system record the calculated distance between each GPS reading (ping)?


Does the system record the route of travel?


Does the system calculate the total distance traveled by the vehicle for each trip?


Does the system record the distance traveled in each jurisdiction for each trip?


Does the system record the vehicle identification or unit number?



CALIFORNIA

California Air Resources Board - CARB has eliminated the operation of all pre-2010 engine year-equipped trucks in California. It is estimated that over 192,000 out-of-state and 37,000 California-licensed vehicles have been banned from the state. The fine for operating in the state with a prohibited vehicle is $1,000 to $42,450.



CONNECTICUT

The state has a new mileage tax starting on January 1, 2023. Carriers must be registered for the tax and obtain a Highway Use Fee Permit. Copies of this permit must be carried in the vehicles that go to the state.


There will be monthly tax filings and the tax ranges from 6.54 cents per mile for 26,000 GVW vehicles and up to 17.5 cents per mile for vehicles over 80,000 GVW. An 80,000 GVW vehicle will pay 10 cents per mile.


If you have not contacted us on establishing an account in Connecticut and obtaining a Highway Use Fee Permit do so as soon as possible.



CANADA

Commercial truck and bus carriers that operate both inside and outside of Canada are required to have Electronic Logging Devices. Canada's ELD mandate closely matches the U.S. ELD mandate and took effect for commercial truck carriers on January 1, 2023. The ELDs are required to be certified to meet the requirements of the Canadian Council of Motor Transportation Administrators Technical Standard and be listed on Transport Canada’s list of certified devices.


Quebec has postponed the ELD mandate until June 1, 2023.

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