Tank Vehicle Definition - FMCSA Granted ATA Petition
| Entry Date | April 4, 2012 |
|---|---|
| Issue Number | 12-014-DRV |
| Name | Boyd Stephenson |
| Agency | American Trucking Associations |
| Address | 950 N Glebe Rd Ste 210Arlington, VA, 22203United StatesMap It (opens in a new tab) |
| Phone | 501-912-5939 |
| [email protected] | |
| Committee | Driver-Traffic Enforcement Committee |
| Status | Closed |
| Summary of Issue | FMCSA's promulgated definition of a tank vehicle, from its May 2011 final rule on CDL Training and Testing, created headaches for shippers, carriers, and enforcement. Drivers of vehicles that were patently not tank vehicles were going to be required to get a tank endorsement. On March 30, FMCSA mailed a letter to ATA granting our petition to adopt a new suggested definition of a tank vehicle. However, that definition must also go through the rulemaking process. |
| Justification or Need | ATA believes that the adoption and enforcement of the May 2011 definition will prove confusing to carriers, shippers, and enforcement officials alike. Rather than move through multiple definitions of which drivers do and do not have to acquire a tank vehicle endorsement, ATA believes the best course of action is to continue enforcing the long-utilized definition. This will result in less confusion for drivers, shippers, and carriers. |
| Request for Action | Because the States have until July 8, 2014 to adopt FMCSA's May 2011 definition, ATA asks CVSA to recommend to its member jurisdictions that they not enforce the May 2011 definition but rather continue using the pre-May 2011 definition until FMCSA's forthcoming modified definition is finalized through a rule. Attachments: ATA Petition to FMCSA; FMCSA response |