FMCSA issues final rule to end duplicative regulation

March 8, 2022

Mark Schremmer

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The Federal Motor Carrier Safety Administration will eliminate a “duplicative regulation” that requires drivers to submit a list of traffic convictions to their employers.

A final rule is scheduled to be published in the Federal Register on Wednesday, March 9.

“FMCSA amends its regulations to eliminate the requirement that drivers operating commercial motor vehicles in interstate commerce prepare and submit a list of their convictions for traffic violations to their employers annually,” the agency wrote in the final rule. “This requirement is largely duplicative of a separate rule that requires each motor carrier to make an annual inquiry to obtain the motor vehicle record for each driver it employs from every state in which the driver holds or has held a commercial motor vehicle operator’s license or permit in the past year.”

To make sure motor carriers are aware of traffic convictions for a driver who is licensed by a foreign authority, the FMCSA is updating the rule to require motor carriers to make an annual inquiry to each driver’s licensing authority.

The rule will take effect 60 days after the notice is published in the Federal Register.

FMCSA proposed the rule, which is estimated to save motor carriers $1.6 million annually, in December 2020.

Out of the 86 comments the agency received about the proposal, 71 were supportive and 15 opposed.

The Owner-Operator Independent Drivers Association agreed with FMCSA that the redundancy should be eliminated and suggested that the agency look for similar duplicative regulations that could be removed.

“We broadly favor the agency’s efforts to remove costly, redundant, and burdensome regulations,” OOIDA wrote in its formal comments. “These types of regulations, which are often more compliance obligations than safety measures, can disproportionally harm small-business carriers who have to cut through the red tape themselves. We encourage FMCSA to review and repeal similar duplicative requirements that have no meaningful impact on highway safety.”

The 15 commenters opposed to the rule cited safety concerns.

FMCSA said it doesn’t believe the change will adversely affect safety and noted that motor carriers still have the option to continue the practice.

“The elimination of (the rule) does not preclude employers from requiring their drivers to provide a list of their traffic convictions as a condition of employment,” the agency wrote. “Rather, the elimination of (the rule) provides employers with flexibility to obtain traffic conviction information in a manner that is most efficient and effective in their situation. (It) allows employers to redirect their resources in ways that may have greater safety benefits.” LL