Notice2023-19531
Commercial Driver's License Standards: Recreation Vehicle Industry Association Application for Exemption
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 11, 2023
Effective
April 6, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its final decision to renew the Recreation Vehicle Industry Association's (RVIA) exemption from the Federal commercial driver's license (CDL) requirements for drivers who deliver certain newly manufactured motorhomes and recreational vehicles (RVs) to dealers or trade shows before retail sale (driveaway operations), subject to revised terms and conditions. FMCSA announced its decision to provisionally renew RVIA's exemption on May 19, 2022, pending a review of any comments received in response to that notice. Four comments were submitted to the docket and are discussed later in this notice. The Agency believes that drivers who qualify for the exemption will maintain a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the CDL requirements.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 174 (Monday, September 11, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Notices]
[Pages 62424-62426]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19531]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0352]
Commercial Driver's License Standards: Recreation Vehicle
Industry Association Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final exemption; renewal of exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its final decision to renew the Recreation
Vehicle Industry Association's (RVIA) exemption from the Federal
commercial driver's license (CDL) requirements for drivers who deliver
certain newly manufactured motorhomes and recreational vehicles (RVs)
to dealers or trade shows before retail sale (driveaway operations),
subject to revised terms and conditions. FMCSA announced its decision
to provisionally renew RVIA's exemption on May 19, 2022, pending a
review of any comments received in response to that notice. Four
comments were submitted to the docket and are discussed later in this
notice. The Agency believes that drivers who qualify for the exemption
will maintain a level of safety that is equivalent to, or greater than,
the level of safety that would be obtained by complying with the CDL
requirements.
DATES: This renewed exemption was effective April 6, 2022, and expires
on April 6, 2027.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and
Carrier
[[Page 62425]]
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards, FMCSA, at (202) 366-4225 or by email at
<a href="/cdn-cgi/l/email-protection#1d6d787c6f717478336f727f74736e72735d797269337a726b"><span class="__cf_email__" data-cfemail="cabaafabb8a6a3afe4b8a5a8a3a4b9a5a48aaea5bee4ada5bc">[email protected]</span></a>. If you have questions on viewing or
submitting material to the docket, contact Dockets Operations, (202)
366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view comments, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, insert the docket
number ``FMCSA-2014-0352'' in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.''
To view documents mentioned in this notice as being available in
the docket, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, insert the docket number
``FMCSA-2014-0352'' in the keyword box, click ``Search,'' and choose
the document to review.
If you do not have access to the internet, you may view the docket
online by visiting Dockets Operations in Room W12-140 on the ground
floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington,
DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except
Federal holidays. To be sure someone is there to help you, please call
(202) 366-9317 or (202) 366-9826 before visiting Dockets Operations.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b)(2) and 49
CFR 381.300(b) to renew an exemption from the Federal Motor Carrier
Safety Regulations for a five-year period if it finds ``such exemption
would likely achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved absent such exemption.''
(49 U.S.C. 31315(b)(1). FMCSA evaluated RVIA's application and
provisionally renewed the exemption from 49 CFR 383.91(a)(1)-(2) for a
five-year period as previously announced in the Federal Register on May
19, 2022 (87 FR 30553).
III. Background
Current Regulation(s) Requirements
The CDL regulations require drivers to hold a CDL when operating
vehicles in Groups A and B (49 CFR 383.91(a)(1) and 383.91(a)(2)).
Group A vehicles are any combination of vehicles with a gross
combination weight rating (GCWR) of 26,001 pounds or more, provided the
gross vehicle weight rating (GVWR) of the towed unit is over 10,000
pounds. Group B vehicles are any single vehicle with a GVWR of 26,001
pounds or more, or any such vehicle towing a vehicle not over 10,000
pounds. The GVWR is the value specified by the manufacturer as the
loaded weight of the vehicle.
III. Application for Renewal of Exemption
The RVIA requested a second renewal of an exemption from the CDL
requirement in 49 CFR 383.91(a)(1)-(2). The exemption allows drivers of
RVs with GCWRs and GVWRs of 26,001 pounds or more to operate without a
CDL provided the RV has an actual vehicle weight of less than 26,001
pounds. A combination of RV trailer and tow vehicle must have a gross
combined weight of less than 26,001 pounds and the actual weight of the
towed unit must not exceed 10,000 pounds.
IV. Public Comments
On May 19, 2022, FMCSA published its decision to provisionally
grant a five-year renewal (until 2027) of RVIA's original exemption and
asked for public comment (87 FR 30553). Four comments were submitted to
the docket. Two commenters opposed the exemption, one commenter did not
oppose or support the exemption, and one commenter supported the
exemption.
AWM Associates, LLC (AWM) and James Underwood opposed the
exemption. James Underwood said, ``All drivers using a vehicle for
commercial purpose should have a commercial license. Hence the name of
the license.''
AWM asserted that FMCSA's grant of an exemption from the CDL
requirements ``tramples a state's rights.'' AWM reported a list of
states that require RV owners of large RVs to obtain a CDL. AWM
contends that ``it is not FMCSA's obligation to facilitate economic
issues,'' but rather to require safe operation of commercial motor
vehicles (CMVs).
The American Truck Dealers Division of the National Automobile
Dealers Association (ATD) supported the exemption, and it urged FMCSA
to amend its regulations to make the exemption permanent and to expand
its application to ``all new and empty CMVs with actual unloaded (curb)
weights or actual combination weights of less than 26,000 lbs.''
V. Response to Public Comments and Agency Decision
FMCSA has evaluated the public comments and affirms its decision to
renew the exemption. The RVs covered by the exemption all have gross
vehicle weight ratings above the 26,001-pound threshold for a CDL, but
their actual weights, i.e., their gross vehicle weights, will remain
below that level during the driveaway or towaway operation of the
vehicles. In response to the comments that opposed the exemption,
private owners and drivers of larger RVs, like the RVs addressed in
this exemption, have operated without CDLs, often at GVWs well above
the 26,001-pound threshold, for decades without generating concern
among law enforcement professionals that they pose a risk to highway
safety. Furthermore, drivers employed specifically to deliver such
vehicles to a dealer or customer have more experience behind the wheel
of the RV than most private RV owners operating the vehicle for
recreational purposes. RVIA demonstrated that the manufacturers and
dealers who now employ CDL holders in driveaway/towaway operations have
a recordable accident rate far below the level that would result in an
unsatisfactory crash rating under FMCSA's safety fitness rating
methodology.\1\ That result is likely related to the fact that drivers
covered by this exemption are required to comply with all other
applicable FMCSA safety regulations, including medical standards and
hours-of-service limits.
---------------------------------------------------------------------------
\1\ 49 CFR part 385, Appendix B.
---------------------------------------------------------------------------
With regard to ATD's suggestion to amend the regulation to make
this exemption permanent, such an action is outside the scope of this
proceeding, but FMCSA notes that parties may petition the Agency for
rulemaking under 49 CFR part 389.
The Agency continues to believe that drivers covered by this
exemption will not experience any deterioration of their safety record.
FMCSA modifies the terms and conditions specified in the May 19, 2022,
notice to clarify that the exemption does not apply to the
transportation of RVs as cargo in another CMV. The exemption applies
only to the operation of the empty RV itself (driveaway deliveries).
Unless exempt motor carriers fail to maintain the terms and conditions
specified in the May 19, 2022, decision, the exemption will remain in
effect through April 6, 2027.
VI. Exemption Decision
A. Grant of Exemption
FMCSA renews the exemption for a period of five years subject to
the terms and conditions of this decision. The exemption from the
requirements of 49 CFR 383.91(a)(1)-(2) is effective April 6, 2022,
through April 6, 2027, 11:59 p.m. local time, unless renewed or
rescinded.
[[Page 62426]]
B. Applicability of Exemption
The exemption is restricted to employees of driveaway-towaway
companies, RV manufacturers, and RV dealers transporting empty RVs as a
driveaway delivery, with the RV's wheels on the surface of the roadway,
between the manufacturing site and dealer location and for movements
prior to first retail sale. Drivers covered by the exemption will not
be required to hold a CDL when transporting RVs with a gross vehicle
weight not exceeding 26,000 pounds, or a combination of RV trailer/tow
vehicle with the gross weight of the towed unit not exceeding 10,000
pounds and the gross combined weight not exceeding 26,000 pounds. The
exemption does not apply to the transportation of an RV as cargo in
another CMV.
C. Terms and Conditions
When operating under this exemption, motor carriers and drivers are
subject to the following terms and conditions:
(1) The drivers and motor carriers must comply with all other
applicable Federal Motor Carrier Safety Regulations (49 CFR parts 350-
399);
(2) The drivers must be able to provide this exemption document to
enforcement officials; and
(3) The drivers must be in possession of a valid State driver's
license.
D. Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation that conflicts with or is inconsistent
with this exemption with respect to a firm or person operating under
the exemption.
E. Notification to FMCSA
Motor carriers using exempt drivers must notify FMCSA within 5
business days of any accident (as defined in 49 CFR 390.5) involving
any of its CMVs operating under the terms of this exemption. The
notification must include the following information:
(a) Name of the exemption: ``RVIA'';
(b) Name of the operating motor carrier;
(c) Date of the accident;
(d) City or town, and State, in which the accident occurred, or
closest to the accident scene;
(e) Driver's name and license number;
(f) Vehicle number and State license number;
(g) Number of individuals suffering physical injury;
(h) Number of fatalities;
(i) The police-reported cause of the accident;
(j) Whether the driver was cited for violation of any traffic laws,
motor carrier safety regulations; and
(k) The driver's total driving time and total on-duty time period
prior to the accident.
Reports filed under this provision shall be emailed to
<a href="/cdn-cgi/l/email-protection#d9949a898a9d999d968df79e968f"><span class="__cf_email__" data-cfemail="430e0013100703070c176d040c15">[email protected]</span></a>.
F. Termination
Based on the safety record of drivers operating under the exemption
up to this point, FMCSA has no basis to believe the drivers covered by
this renewed exemption will experience any deterioration of their
safety record. The exemption will be rescinded, however, if: (1) motor
carriers and drivers operating under the exemption fail to comply with
the terms and conditions of the exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136(e) and 31315.
Robin Hutcheson,
Administrator.
[FR Doc. 2023-19531 Filed 9-8-23; 8:45 am]
BILLING CODE 4910-EX-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 11, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.