FMCSA Exemptions

Recently, the FMCSA has been issuing several final rules that hinder the roadside inspector while conducting inspections. In the past year, there have been more than 20 exemption applications, renewals and/or exemptions granted. Some of the final rules exempt vehicle equipment, such as mounting of video devices to windshields and the transportation of metal coils. There have been several driver exemptions, including records of duty status exemptions and exempting certain drivers from the requirement to obtain a Commercial Driver’s License.

Due to the amount of exemptions allowed by the FMCSA in the past year, it is believed that an excessive burden is being placed on inspectors to ensure all exemptions allowed are being followed properly. As well, agencies must be diligent in informing all inspectors of the new exemptions and ensuring they understand and apply the exemptions properly. It is believed that with the allowance of such a number of exemptions, the likely hood of achieving a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation is in jeopardy. With so many exemptions to the regulations, it is possible that roadside inspectors will no longer accurately enforce the regulations, or may stop enforcing certain regulations all together.

It is in hopes that CVSA convey these concerns to the FMCSA, citing the issuance of such a large number of exemptions may very well reduce the effectiveness of the roadside inspector to conduct inspections. An inspector must be able to perform their duties without the apprehension that one of these exemptions will be overlooked, and a driver or vehicle placed out of service notwithstanding an obscure exemption, or an exemption being given to a driver or vehicle that is not in the exemption group. We’d like to further stress that with State and Local partners performing the vast majority of roadside inspection/enforcement, that FMCSA invite said partners to the table when working on new or updated regulations and/or new or updated exemptions. FMCSA should not overlook the experience of their State and Local partners.