Bipartisan Infrastructure Law Implementation for FMCSA
Authorization of Appropriations
- Section 23001(a) adds General Operating Expense (GOE) contract authority for Fiscal Years (FYs) 2022-2026.
- Section 23001(b) provides contract authority for grant programs for FYs 2022-2026 years.
- Adds a year of performance to the Motor Carrier Safety Assistance Program (MCSAP) and provides Commercial Motor Vehicle Operator Safety Training (SET) grants a 5-year period of performance.
- Continues to allow enforcement of State traffic laws and regulations designed to promote the safe operation of commercial motor vehicles (CMV), provide the number of motor carrier safety activities, including roadside safety inspections, conducted in the State is maintained at a level at least equal to the average level of such activities conducted in the State, but updates the FYs from 2004 and 2005 to 2014 and 2015.
- P 2642 adds General Fund authority (advanced appropriations/supplemental appropriations) for FMCSA GOE and Grant programs with a 4-year period of availability for new obligations. Once funds are obligated, the periods of performance for grantees above and within 49 U.S.C. section 31104(f) apply.
Grant Programs & Funding
- Combatting Human Trafficking
- Increases emphasis on the prevention and detection of human trafficking as a priority for the High Priority (HP) CMV grant program and is now allowable under FMCSA’s MCSAP, HP CMV, and Commercial Driver's License Program Implementation (CDLPI) grants and FMCSA’s Outreach programs.
- Immobilization Grant Program
- Establishes a grant program under HP CMV to provide discretionary grants to States to immobilize or impound passenger carrying CMVs that are determined to be unsafe or fail inspection.
- Requires the Secretary to work with States to develop a list of safety violations that would warrant the immediate immobilization or impoundment of a passenger carrying CMVs.
- State Enforcement Training and Support (SET)
- Establishes a new State Partners training grant program to be funded at 100% with a period of performance of 5 years.
- The grant program will provide discretionary grants for nonprofit organizations to provide training to non-Federal employees who conduct CMV enforcement activities and to develop related training materials.
- Motor Carrier Safety Advisory Committee (MCSAC)
- Revises the MCSAC to include small business motor carriers and extend the committee through September 2025.
- Truck Leasing Task Force
- Requires the Secretary, in consultation with the Secretary of Labor, to establish a Truck Leasing Task Force 180 days after enactment.
- The Task Force shall examine common truck leasing arrangements, including the impact of inequitable leasing agreements on the industry, and resources to assist CMV drivers in assessing the financial impacts of leasing agreement.
- Promoting Women in Trucking Task Force
- Establishes the Women of Trucking Advisory Board.
- Provides 270 days after enactment to appoint board members, 2 years for Board to submit report, and then 3 years for FMCSA to submit report to Congress.
- Underride Advisory Committee (with NHTSA)
- Provides advice and recommendations to the Secretary on safety regulations to reduce underride crashes and fatalities related to underride crashes.
Research/Research Reports/Pilot Program
- Study of CMV Crash Causation
- Requires the Secretary to carry out a comprehensive study to determine the causes of, and contributing factors to, crashes that involve a CMV, as well as to identify data requirements, data collection procedures, reports, and any other measures that can help improve the ability of States and the Secretary to evaluate future crashes, monitor crash trends, and develop effective safety policies.
- Section 23006 defines CMVs as over 10,000 pounds or used to transport more than 8 passengers for compensation.
- Electronic Logging Device (ELD) Oversight
- Not later than 180 days after enactment, requires the Secretary to submit a report to Congress on the processes used by the FMCSA to review ELD logs and to protect proprietary and Personally Identifiable Information.
- Includes an analysis on cost effectiveness.
- Report on Human Trafficking Violations Involving CMVs (with OST)
- Includes a reporting requirement every 3 years on human trafficking violations involving CMVs and recommendations for countering human trafficking, in coordination with the U.S. Department of Justice.
- Apprenticeship Pilot Program and Driver Compensation Study
- Creates an apprenticeship pilot program, within 60-days of enactment, for Commercial Driver’s License (CDL) holders under the age of 21, provided that the “experienced driver” is at least 26-years of age and has been operating interstate for a minimum of 5 years.
- Directs the Secretary to undertake a Driver Compensation Study.
- Limousine Research by NHTSA
- Requires the Secretary to conduct research on crashworthiness and evacuation standards for limousines and prescribe motor vehicle safety standards based upon that research.
- Would also prevent a limousine operator from introducing a limousine into interstate commerce unless the operator has displayed the date of the most recent inspection under Federal or State law, the results of the inspection, and any corrective action to ensure the limousine passed inspection.
- Provides that the Federal Trade Commission shall enforce these requirements.
- Limousine compliance with Federal Safety Standards (NHTSA).
- Government Accountability Office (GAO) evaluation
- Not later than 18 months after enactment, requires the GAO to examine the National Consumer Complaint Database and evaluate the effectiveness of efforts to consider and follow-up on complaints submitted to the database, the types of complaints, and awareness of the database.
- Automatic Emergency Braking (AEB) Inspection Standards
- Requires an update to the minimum periodic inspection standards under 49 CFR 396, subchapter B, appendix G and other regulations in 49 CFR part 396 following NHTSA’s requirements under this section.
- Requires the Secretary, not later than 2 years after enactment, to prescribe a motor vehicle safety standard and accompanying performance requirements for automatic emergency braking systems for heavy-duty CMVs, and to require that systems installed in such vehicles be in use during operation.
- Directs the Secretary to study equipping other CMVs with an Automated Emergency Braking (AEB) system and, if warranted, develop performance standards for such systems.
- Requires the Secretary to conduct a review of AEB systems used in CMVs and address any identified deficiencies in the rulemaking.
- State Inspection of Passenger-Carrying Commercial Motor Vehicles
- Requires State inspection programs for passenger-carrying vehicles, and FMCSA must undergo a rulemaking within 1 year after enactment.
- Underride Protection
- Requires FMCSA, within 1 year of enactment, to update its minimum periodic inspection standards under 49 CFR Chapter III, appendix G, subchapter B and other regulations in 49 CFR part 396 related to underride protection.
- Directs the Secretary, within 1 year of enactment, to strengthen rear underride guard standards and to conduct additional research on the design and development of rear impact guards to prevent crashes at higher speeds.
- Directs the Secretary to complete additional research on side underride guards, and, if warranted, develop performance standards for side underride guards.
- Amendments to Regulations Relating to Transportation of Household Goods (HHG) in Interstate Commerce
- Not later than 1 year of enactment, update regulations relating to the interstate transportation of HHG, and to consider changes recommended by the HHG Consumer Protection Working Group.
- Modification of Restrictions on Certain Commercial Driver's Licenses
- Requires FMCSA to revise regulations concerning the seasonal periods for restricted CDLs issued to employees in a farm-related service industry.
- Exemption for Providers of Recreational Activities
- Exempts providers of recreational activities operating small passenger vehicles from federal registration requirements if they operate within a 150 air-mile radius.
- Amendment for Transportation of Agricultural Commodities and Farm Supplies.
- Includes drivers transporting livestock within a 150 air-mile radius in the existing exemption.
Federal Register Notice
- Improving Federal-State Motor Carrier Safety Enforcement Coordination
- As soon as practicable, requires the Secretary to publish in the Federal Register a process to review each out-of-service (OOS) order issued by a covered State within 30 days after the date on which the OOS order is submitted to the Secretary.
- Also requires the Secretary to publish a process to review imminent hazard determinations made by covered States.
- Broker Guidance Relating to Federal Motor Carrier Safety Regulations
- Directs DOT to issue guidance, within 1 year of enactment, to clarify the definitions and roles of brokers and bona fide agents.
- Requires the Secretary to consider the impact of technology and the role of dispatch services in the freight transportation industry.