Trucking news and briefs for Wednesday, Dec. 11, 2024:
FMCSA issues guidance on rear impact guard labels
The Federal Motor Carrier Safety Administration this week issued a new guidance document to provide clarity around the requirements for rear impact guard certification labels.
On rear impact guards, FMCSA posed the question of whether an “illegible, incomplete, or missing rear impact guard certification label” establishes a violation of 49 CFR 393.86(a)(6), or if it indicates that the impact guard did not meet the National Highway Traffic Safety Administration’s strength and energy absorption requirements applicable to manufacturers at the time the trailer was built.
FMCSA’s answer: “No.” The agency said the regulation in question requires rear impact guards to be permanently marked or labeled as required by Federal Motor Vehicle Safety Standard (FMVSS) No. 223. NHTSA also determined that labels that wear, fade, or are removed during repair do not indicate a current compliance issue with the requirements in FMVSS No. 223.
FMCSA added that it’s also aware that a motor carrier may not be able to replace an illegible, incomplete, or missing certification label.
The agency said rear impact guards should be inspected to ensure compliance with all other FMVSS Nos. 223 and 224 requirements, including:
- General requirements (§ 393.86(a)(1))
- Guard width (§ 393.86(a)(2))
- Guard height (§ 393.86(a)(3))
- Guard rear surface (§ 393.86(a)(4))
- Cross-sectional vertical height of the horizontal member (§ 393.86(a)(5))
FMCSA noted that the guidance does not have the force and effect of law and “is intended only to provide information and clarity regarding existing requirements under the law or agency policies.”
[Related: NHTSA denies petition to strengthen rear underride guards]
When ‘exempt’ ag haulers can receive HOS violations
In addition to the rear impact guard guidance, FMCSA on Dec. 4 published new guidance related to the hours-of-service exemption for drivers transporting agricultural commodities.
The regulations in 49 CFR 395.1(k) exempt drivers from the HOS regulations during planting and harvesting seasons, as determined by each state, who transport certain agricultural commodities from their source to locations within a 150 air-mile radius.
FMCSA laid out a scenario in which a driver is inspected while operating under the ag exemption. That driver sometimes operates outside of the air-mile radius and keeps logs for those instances. Upon request from the inspector, the driver voluntarily provides a copy of the logs covering one or more days prior to, and outside of, operating under the ag exemption. The inspector finds an HOS violation on the previous day when the driver was not operating under the exemption. Can the driver be cited for that previous-day exemption?
FMCSA said this is fair game. When exempt drivers operate beyond the 150 air-mile radius, the HOS regulations apply. If a driver currently operating under the exemption is inspected, they are not required to provide a copy of their record of duty status. However, if the driver voluntarily provides their logs, an officer can cite any HOS violations that occurred before the driver was operating under the exemption.
The driver cannot be placed out of service for those previous violations because the driver is currently exempt from Part 395, but a driver can be cited for prior violations because the driver was not exempt when they occurred.
“To repeat -- 49 CFR 395.1(k) does not retroactively immunize drivers from citations for previous HOS violations simply because they are currently eligible for the agricultural exemption,” FMCSA said.
As with the rear impact guard guidance, FMCSA noted this guidance is only intended to provide clarity around existing regulations.
[Related: Livestock haulers get additional HOS exemption in infrastructure law]
Fleets request to allow under-21 drivers to drive in non-home state denied
In a Federal Register notice published Dec. 9, the Federal Motor Carrier Safety Administration announced it has denied an exemption request from 3 North LLC to allow three of its CDL holders under the age of 21, with a “K” intrastate-only license restriction, to drive in intrastate operations in a state other than their state of domicile.
3 North, which according to FMCSA’s Safer snapshot is a 23-truck private fleet out of Brookfield, Wisconsin, utilizes a fleet of specialized construction equipment mounted on a straight truck chassis to transport concrete for wind turbine foundations.
The company said that it uses a different set of CDL holders to drive the CMVs across state lines. Once the trucks are across state lines, however, the company asked FMCSA to allow it to use its three under-21 drivers to operate the trucks in the state where the work is being performed.
While only six comments were received on the requests, three were in opposition to granting the waiver, citing safety concerns.
FMCSA said that, based on the information provided by 3 North in its request, it was unable to determine if the company would achieve an equal or greater level of safety than operating without the waiver. The agency noted that the “more appropriate path for motor carriers interested in using individuals under the age of 21 is the Agency’s Safe Driver Apprenticeship Program.”
[Related: Fleet seeks waiver to allow under-21 intrastate drivers to operate in another state]
Iowa 80 Group announces grant recipients
The Iowa 80 Truckstop and CAT Scale Company announced Monday they have awarded grants to two trucking-related organizations, along with a number of local organizations as part of the companies’ Go Iowa Fund Grant Program.
Trucker Buddy International and the Iowa 80 Trucking Museum both were awarded funds this month. Trucker Buddy International is an Alabama-based non-profit organization that partners professional truck drivers with classrooms all over the United States as pen-pals with the goal of strengthening positive opinions about truck drivers.
The Iowa 80 Trucking Museum is a 100,000 square foot museum in Walcott, Iowa, dedicated to preserving trucking history. The museum features over 130 trucks between the years of 1903 to 1997, vintage signs, toy trucks, and more. The Iowa 80 Trucking Museum is free and seeks to promote trucking and celebrate its history.
Other non-industry organizations that will receive funding include Walcott K-8 School, Walcott Hearts and Hands, Lutheran Services of Iowa, Junior Achievement, and Davenport Central High School.
The Go Iowa Fund was established to provide a structure for Iowa 80 Group employees and other individuals to request money to support good causes, organizations or philanthropies that they are involved in. Any Iowa based charity, or organization that serves Iowa residents or students can apply. Grants are awarded twice a year.
