Some Commercial Laws for Transportation Motor Carriers

The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) sets policies for how motor carriers travel. However, it is not opposed to amending a provision, if a petition is found to be warranted. Therefore, gaining industry feedback plays an important role in the policy making process. This strategy helps to foster regulation acceptance and success.

Interstate Commerce Texting Ban

In September, 2010, the FMCSA passed regulation 49 CFR Parts, 383, 384, 390, 391, and 392, effective October 21, 2010. This rule prohibits commercial motor vehicles (CMVs) engaged in Interstate Commerce from texting while operating their vehicles. The rule states that drivers found in violation of the texting ban will be disqualified from operating CMVs and face civil penalties. In addition, sanctions will be imposed. Furthermore, motor carrier companies are prohibited from allowing their drivers to text while engaging in Interstate Commerce.

Antilock Brake Indicator Lamp

On November 2010, FMCSA regulation 49 CFR 389.39(b) was made permanent. This rule states that all trailers must have a malfunction warning indicator lamp (external, trailer mounted) installed if the vehicle is equipment with antilock brake systems (ABS).

Originally, on March 1, 2009, the pre-existing law was scheduled to expire. However, the Commercial Vehicle Safety Alliance (CVSA), a non-profit organization, received two petitions to make the law permanent. Motor carrier safety officials from local, territorial, provincial, state, and federal levels encompass the CVSA.

Turbochargers Cannot Replace Mufflers

Effective November 19, 2010, the FMCSA amended 49 CFR 325.91(b). It is an amendment to an original rule which addresses devices used in CMV's to reduce noise from the exhaust system.

In October 1972, the Noise Control Act of 1972, issued by the EPA set maximum noise standards for CMVs. Since then, improvements to exhausts pipes including mufflers have been made. Even though a byproduct of a turbocharger's function results, mufflers and other alternative devices have a larger impact on noise reduction. A petition from the Truck Manufactures Association (TMA), prompted the FMCSA to amend its regulations to remove this type of device from its list. This amendment clarifies that mufflers cannot be replaced by turbochargers.

Use of Electronic On-Board Recorders

Due to Hours of Service (HOS) violations of some motor carriers, the FMCSA recommended newly manufactured electronic on-board recorders (EOBRs) be installed to counter noncompliance. Effective June 4, 2010, FMCSA regulation 49 CFR Parts 305, 385, 395, and 396 states that CMVs manufactured on June 4, 2012 and after that date must have EOBRs installed that meet new performance standards. However, those CMVs manufactured prior to June 4, 2012 may still be used until the lifecycle of those CMVs has ended.

Sources:

U.S. Department of Transportation: Federal Motor Carrier Safety Administration: Rules & Regulations: Limiting the Use of Wireless Communication Devices

U.S. Department of Transportation Federal Motor Carrier Safety Administration: Rules & Regulations: Parts and Accessories Necessary for Safe Operation: Antilock Brake

U.S. Department of Transportation Federal Motor Carrier Safety Administration: Rules & Regulations: Compliance With Interstate Carrier Noise Emission Standards: Exhaust Systems

U.S. Department of Transportation Federal Motor Carrier Safety Administration: Rules & Regulations: Electronic On-Board Recorders for Hours-of-Service Compliance