CMV label proposal withdrawn

Aug. 26, 2005
The Federal Motor Carrier Safety Administration (FMCSA) is withdrawing an earlier notice of proposed rulemaking that would have required each commercial motor vehicle (CMV) to display a label applied by the vehicle manufacturer

The Federal Motor Carrier Safety Administration (FMCSA) is withdrawing an earlier notice of proposed rulemaking that would have required each commercial motor vehicle (CMV) to display a label applied by the vehicle manufacturer, or a registered importer, to document the vehicle's compliance with all applicable FMCSA safety standards.

The National Highway Traffic Safety Administration (NHTSA) has withdraw a similar proposal.

FMCSA said the rule (49 CFR Part 393), if imposed, would have had the greatest impact on motor carriers domiciled in Canada and Mexico, according to the information published in the Federal Register August 26.

Vehicles operated by Canada-domiciled motor carriers meet Canadian motor vehicle safety standards that are consistent with the FMCSA standards in all significant respects, FMCSA said.

Mexico-domiciled motor carriers are required under 49 CFR 365.503(b)(2) and 368.3(b)(2) to certify on the application form for operating authority that all CMVs they intend to operate in the United States were built in compliance with the standards in effect at the time of manufacture, according to the information.

Rule 49 CFR 365.507(c) also requires Mexico-domiciled carriers to pass an FMCSA pre-authority safety audit before they are granted provisional authority to operate in the United States beyond the border commercial zones.

Mexican vehicles also will be subject to inspection by enforcement personnel at US-Mexico border ports of entry and at roadside in the United States to ensure their compliance with applicable rules.

FMCSA, in consultation with NHTSA, has determined it can most effectively achieve compliance through enforcement measures and existing regulations rather than through a new regulation.

To see the FMCSA information in the Federal Register, click here.

The NHTSA information can be seen by clicking here.