FMCSA denies brokers' request to remove transparency regs | Another ELD revoked

Updated Feb 16, 2024

Trucking news and briefs for Monday, March 27, 2023:

FMCSA denies broker group’s petition to remove transparency regs

In a letter filed to the docket of the Transportation Intermediaries Association’s 2020 request to remove certain regulations pertaining to brokered transaction transparency, the Federal Motor Carrier Safety Administration sided with owner-operators and carriers and denied the petition.

TIA requested in November 2020 that FMCSA rescind 49 CFR 371.3(c), concerning the rights of parties to a brokered transaction to review the records of the transaction.

TIA argued that the regulation, established in 1980, doesn’t apply in today’s marketplace. The group added that the spot market is “one of the most transparent marketplaces in the world,” noting that load boards, the internet and rate quotes in person-to-person communications within the industry “provide the rate transparency that was intended by 49 CFR 371.3 when commissions paid by carriers to brokers were common.”

[Related: Carriers' right to review the record of any brokered transaction]

In denying the request, FMCSA said TIA’s request “does not contain adequate justification to initiate rulemaking,” adding that the agency “believes that elimination of the records disclosure provision would be contrary to the stated transportation policy goals in 49 USC 13101, including promotion of fairness and efficiency in the transportation industry.”

TIA’s petition also asked FMCSA to develop guidance related to “dispatch services,” which FMCSA said was covered in interim guidance issued late last year on the definitions of “broker” and “bona fide agent” that also considered the definition of a “dispatch service.”

The Owner-Operator Independent Drivers Association in 2020 petitioned FMCSA to improve broker transparency, requesting that brokers provide transaction information automatically within 48 hours of the completion of contractual services and that brokers be prohibited from including any requirements that a carrier waives their rights to access the transaction records. 

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[Related: Holding the line: An owner-operator's playbook to fight back against cheap freight]

Another ELD removed from FMCSA’s approved devices list

Owner-operators and carriers using the All-Ways Track ELD are required to stop using the device and replace it with a compliant ELD by May 26.

The Federal Motor Carrier Safety Administration removed the device from its list of registered Electronic Logging Devices on Monday because it no longer complies with the minimum requirements for ELDs. The agency didn’t specify which requirements the device fails to meet.

The All-Ways Track ELD is the sixth ELD to be revoked by FMCSA, and the fourth this year. Over a two-week span earlier this year, the agency revoked the ELD ONE, Nationwide ELD and One Plus ELD from the registry. 

[Related: Why FMCSA keeps revoking ELDs, and how to tell if yours is next]

FMCSA will be sending an industry email to let motor carriers know that all who use All-Ways Track ELD must take the following steps:

  • Discontinue using the revoked ELD and revert to paper logs or logging software to record required hours of service data
  • Replace the revoked ELD with compliant ELD from the Registered Devices list before May 26

If All-Ways corrects the identified deficiencies, FMCSA will place the ELD back on the list of registered devices and inform the industry and the field. However, FMCSA strongly encourages carriers to stop using the device and replace it with a registered ELD to avoid compliance issues in the event that the device’s deficiencies are not addressed in time. 

[Related: New avenue for requesting more time to replace a malfunctioning ELD]

Navistar recalling 5,800 International trucks

Navistar is recalling approximately 5,808 model year 2020-24 International HX trucks because the grille surround may corrode and detach from the truck, according to National Highway Traffic Safety Administration documents.

A detached grille surround can fall to the roadway and create a road hazard.

Dealers will replace the grille surround, free of charge. Interim owner notification letters instructing owners to inspect their grille surround before driving their trucks are expected to be mailed May 15. Owners will receive a second notice once remedy parts become available.  Owners can contact Navistar's customer service at 800-448-7825 with recall number 23507. NHTSA’s recall number is 23V-170.

In a separate recall, Navistar is recalling approximately 24 model year 2023 International HV, HX, LT, RH and Lonestar trucks. In the affected units, the Intellipark Tractor Park Valve Module (PVM) may intermittently become stuck in the un-parked position and fail to move into the park position when the park switch is activated, which could cause the truck to roll away.

No remedy has been established at this time, according to the recall documents. Interim notices advising owners on what action they should take when applying the parking brake until the remedy is complete are expected to be mailed May 15. Second letters will be mailed once the remedy is available.  Owners may contact Navistar's customer service at 800-448-7825 with recall number 23508. NHTSA’s recall number is 23V-171.

Hub cap issue prompts Volvo recall

A problem with the hub covers not fitting properly and possibly detaching from the truck has prompted a recall of approximately 726 model year 2024 Volvo VNR, VNL, and VHD trucks.

Dealers will remove the hub covers, free of charge. Owner notification letters are expected to be mailed May 5. Owners can contact Volvo Trucks' customer service at 800-528-6586 with recall number RVXX2302. NHTSA’s recall number is 23V-173.

Peterbilt 579 models recalled over parking brake issue

Paccar is recalling approximately 25 model year 2023-24 Peterbilt 579 trucks with the same parking brake issue as some of the International trucks being recalled.

In the affected Peterbilts, the Intellipark Tractor Park Valve Module (PVM) may intermittently become stuck in the unparked position and fail to move into the park position when the park switch is activated, causing a potential rollaway.

Dealers will replace the PVM with a new corrected part, free of charge. Owner notification letters are expected to be mailed May 19. Owners may contact Paccar’s customer service at 940-591-4220 with recall number 23PBC. NHTSA’s recall number is 23V-185.

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