The Federal Motor Carrier Safety Administration (FMCSA) has released the final rule for the, “Prohibiting Coercion of Commercial Motor Vehicle Drivers” rulemaking. TIA filed comments to the notice of proposed rulemaking that was posted in the Federal Register on May 13, 2014. An entity found guilty of coercion could face a $16,000 fine per incident. The final rule became effective on January 29, 2016. Many of the TIA comments were considered and amendments were made to the Final Rule based on the feedback TIA provided, but some concerns remain. Read more
The “Fixing America’s Surface Transportation Act” or FAST Act (Transportation Bill) contains extensive reform language dealing with the Federal Motor Carrier Safety Administration’s (FMCSA) Compliance, Safety, and Accountability (CSA) initiative. A major provision within the CSA reform package of the deals, removes from public view all information regarding analysis of violations, crashes in which a determination is made that the motor carrier or commercial motor vehicle driver is not at fault, alerts, or the relative percentile for each BASIC until corrective action is taken. All this information will be removed from public view within one day of signing this report into law. With that being said, all inspection and violation information submitted to FMCSA by law enforcement and inspectors along with out-of-service rates, and “absolute measures will remain publicly available.
FMCSA is proposing to amend the process by which commercial motor vehicles are given a safety fitness determination (SFD). The Agency seeks to include on-road safety data, inspection reports, and preventable crashes into their quiver availiable to them to determine a motor carrier's safety fitness. Additionally, the Agency seeks to clarify a motor carrier' status by eliminating the three-tier rating system and moving to a red light system of "unfit" carriers. Furthermore, the Agency ensures through this proposal that absolute measures are utilized to determine a carrier's safety fitness versus the current state of play in CSA SMS, which ranks carriers based on the performance of not only their operations, but that of their peers. TIA' CSA subcommittee is developing our official position and staff will draft formal comments.
As the United States Food and Drug Administration (FDA) continues to develop and implement rules that will ultimately increase traceability and safety of the food Americans consume from the farm to the fork, the Sanitary Transportation of Food final rule that is legally obligated to be released by March 31, 2016 is one rule 3PLs should be concerned with as they could be included as a responsible party under the definition of a shipper. Even though the final rule has to be released on March 31, 2016 there will be a year or two implementation period which follows. TIA will follow the final rule closely and will provide detailed summaries when released. Read more
TIA has joined with industry partners and national organizations in considering how to address the issue of increasing penalties for detention and demurrage at U.S. ports. This issue has become an increasing burden following the congestion that was experienced at West Coast ports in early 2015, and costs are being unnecessarily pushed onto shippers and carriers.
While every participant in the supply chain has a responsibility to strive for efficiency and speed, there is also a need for regulatory intervention at times when a final judgment needs to be made on what trade practices are fair and reasonable between those parties. TIA will carefully examine all options for reaching a fair and satisfactory conclusion so that TIA members can serve their customers and move their goods without unnecessary delays and unnecessary costs.
In a dynamic industry with many different employment and contracting models, TIA works hard to provide the latest information on U.S. labor law compliance and proposals to update those regulations. The notable examples are NLRB and the proposal to increase the salary threshold for workers who were previously considered exempt from mandatory overtime under the Fair Labor Standards Act.
The Federal Motor Carrier Safety Administration (FMCSA) released its updated time frame for the phased-in implementation of the Agency’s Unified Registration System (URS). There are several effective dates listed in the updated Final Rule issued by FMCSA, but the majority of changes for existing companies will now be effective on January 14, 2017. This includes the new requirement for brokers and forwarders to file a biennial update. That will not take effect until January 14, 2017, when the URS is fully functional.
In March 2016, twenty one members of TIA traveled to Havana for TIA’s first-ever International Logistics Delegation. After over fifty years, the relationship between the U.S. and Cuba is finally thawing. As a result, one of the most populous nations in the Caribbean, at a critical strategic location adjacent to an expanded Panama Canal, will be open for business soon.
TIA’s delegation experienced firsthand the state of infrastructure that will support economic growth in Cuba for decades to come, and learned from officials and experts about what changes will come first. The visit was a tremendous opportunity for TIA to be represented by a diverse group of its membership.