United States Legislative Updates

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Congress Still Debating Bill to Extend Biodiesel Tax Credit

The U.S. Senate continues to debate the "tax extenders" bill (H.R. 4123).  This legislation includes extension of fuel tax credits for biodiesel, natural gas and propane, as well as vehicle credits for hybrid trucks. Although there is no opposition to extending the fuel and vehicle credits, ongoing concerns over the impact of other provisions in the legislation on the federal deficit is delaying final action.

CSA2010 Update

The Federal Motor Carrier Safety Administration (FMCSA) has developed a revised schedule for the rollout of CSA 2010. According to the FMCSA, the rollout schedule is designed to methodically step federal and state enforcement staff, as well as fleets, into the program one stride at a time – increasing the safety benefits through better understanding and increased accountability for good safety performance.  The rollout timeline is outlined below:

• April 12 – November 30, 2010 – Motor carriers can preview their own data by seeing their roadside inspections/violations and crash events organized by Behavior Analysis and Safety Improvement Category (BASIC). 
• Summer 2010
  • June 30th – The Operational Model (Op-Model) Test will end.
  • July – The four "50/50" Op-Model Test states, Colorado, Georgia, Missouri, and New Jersey, will join the five 100% Op-Model Test states in implementing the program.   
  • August – Motor carriers will be able to see an assessment of their violations based on the new Carrier Safety Measurement System (CSMS) which will replace SafeStat later in 2010. 
• Fall/Winter 2010
  • SafeStat will be replaced by the CSMS. CSMS will be available to the public, including shippers and insurance companies.
  • FMCSA/States will prioritize enforcement using the CSMS. 
  • FMCSA will begin to issue Warning Letters to carriers with deficient BASICs. 
  • Roadside inspectors will use the CSMS results to identify carriers for inspection. 
• Winter 2010 - Safety Fitness Determination Notice of Proposed Rulemaking (NPRM) is scheduled to be released. 
• 2011 – Enforcement staff will be trained, and new interventions will be implemented state-by-state.

FMCSA Issues HOS Guidance

The Federal Motor Carrier Safety Administration (FMCSA) has issued new guidance regarding the backup documents and records required to substantiate compliance with driver hours of service requirements. The agency has long required fleets to retain and produce upon demand an extensive variety of documents to support their drivers' hours of service logs. These so-called "supporting documents" are records maintained in the ordinary course of business that are used to support a driver's record of duty status, otherwise known as logbooks.

The June 4 guidance relieves fleets of responsibility for retaining some of these documents including driver call-in records; international registration plan receipts; international fuel tax agreement receipts; trip permits; cash advance receipts; and driver fax reports.

There are additional paperwork reduction incentives for fleets that utilize qualifying electronic on-board recorders (EOBRs) for tracking hours of service compliance. EOBRs are devices that capture time and/or position location data. Fleets using EOBRs will no longer need to retain bills of lading, freight bills, dispatch records, gate record receipts, weigh/scale tickets, fuel receipts, fuel billing statements, toll receipts, toll billing statements, port of entry receipts, delivery receipts, lumper receipts, interchange and inspection reports, lessor settlement sheets, over/short and damage reports, agricultural inspection reports, driver and vehicle examination reports, crash reports, telephone billing statements, credit card receipts, border crossing reports, customs declarations, traffic citations, and overweight/oversize permits. Fleets that do not utilize EOBRs for tracking HOS compliance will still need to retain these records.

Resolution to Block EPA Authority Defeated in Senate

On June 10, 2010, the Senate rejected a bid to block EPA regulation of greenhouse gas emissions, killing a resolution that would have nullified agency rules on emissions from motor vehicles and sources such as power plants and refineries. The resolution (S.J. Res. 26) was defeated on a procedural vote of 47-53, with six Democrats voting for the measure along with all 41 Senate Republicans. The resolution, introduced by Sen. Lisa Murkowski (R-AK) with 40 co-sponsors, would have overturned a December 7 finding by EPA that greenhouse gas emissions from cars and light trucks endanger public health and welfare.

New Senate Climate Bill

Sen. Richard Lugar (R-IN) formally introduced legislation on June 9 designed to cut greenhouse gas emissions 20 percent by 2030—well short of the cuts urged by President Obama and many Senate Democrats. The bill -- Practical Energy and Climate Bill of 2010 (S. 3464) -- would cut emissions by boosting fuel efficiency standards for cars and trucks and by increasing incentives for nuclear power and energy efficiency of buildings. His proposal would cut emissions 20 percent by 2030. The bill does not include mandatory curbs on greenhouse gas emissions.

Senate Committee Passes Auto Safety Bill

The Senate Commerce Committee has approved S. 3302, Motor Vehicle Safety Act of 2010. The Act does establish a vehicle event data recorder standard. The bill would require all new vehicles to come equipped with an EDR beginning in two years. The proposal would require EDRs to record data for at least 60 seconds prior to, and 15 seconds after, a crash or airbag deployment and, in addition, may require EDRs to capture certain events such as rapid deceleration, full-throttle acceleration, or full braking events, even if there is not a crash or airbag deployment. The bill also establishes a stopping distance and brake override standard; establishes a pedal placement standard; establishes an electronic systems performance standard; establishes a keyless ignition systems standard; and establishes a transmission configuration standard.  Similar legislation, H.R. 5381 is pending is pending in the House of Representatives.