Regulatory developments

The Federal Motor Carrier Safety Administration proposes to revise its definition of “tank vehicle.” Commercial driver’s license (CDL) holders who operate such vehicles are required to obtain a tank vehicle endorsement.

On May 9, 2011, FMCSA published a final rule on “Commercial Driver’s License Testing and Commercial Learner’s Permit Standards” that included a new definition of tank vehicle which required additional drivers to obtain tank vehicle endorsements on their commercial learners’ permits (CLPs) and CDLs. FMCSA received numerous petitions regarding the new definition. On May 24, 2012, the Agency published guidance in the Federal Register to clarify the “tank vehicle” definition. This NPRM would revise the definition by incorporating the 2012 regulatory guidance. FMCSA seeks comment on the proposal and information on the impact that the revised definition would have on the industry.

Comments must be received on or before November 25, 2013. Visit the rulemaking Web site and reference Docket Number FMCSA- 2013-0140.

Also, regulation regarding sleep apnea is getting closer to reality. A bill introduced earlier in September in the House has now been introduced in the Senate. If passed the bill would require that any action taken by the FMCSA with regard to sleep disorder screening requirements for carriers would have to come in the form of a rule rather than guidance.

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