ABA commends the Federal Motor Carrier Safety Administration for revising its 2015 Lease and Interchange rule to eliminate unnecessary regulatory burdens that did not advance safety, as ABA has consistently asked them to do.
"Addressing the overreaching 2015 lease and interchange rule to alleviate unnecessary regulatory burdens has been an ABA top priority for over the last four years," said ABA President & CEO Peter Pantuso. "We appreciate the FMCSA listening to the industry's concerns, applying common sense and then revising the rule to target the real problem. The industry asked for these changes, repeatedly over the course of the last four years, and FMCSA, after proposing the revisions last fall, is now finalizing them."
On August 12, the FMCSA announced a final rule that revises the agency’s regulations governing the lease and interchange of commercial buses, which is estimated to save more than $8 million in regulatory costs, without reducing safety.
FMCSA’s final rule includes the following revisions:
• Revises the definition of lease to exclude carriers with FMCSA-issued operating authority that grant the use of their vehicles to each other;
• Removes the May 27, 2015, final rule’s marking requirements and reinstates the previous vehicle marking requirements with slight modifications;
• Revises the provision allowing a delay in the completion of a lease, for transactions that require a lease, during certain emergencies; and
• Removes the requirement that motor carriers chartered for a trip, who in turn lease a CMV from another carrier to provide the transportation, to notify the tour operator or group of passengers about the lease and the lessor.
ABA thanks FMCSA Administrator Ray Martinez for listening to the industry's concerns and revising the leasing regulations to properly place the safety focus on carriers that do not hold operating authority from the agency. This commonsense revision of the rules will reduce regulatory costs and maintain safety. Otherwise, without this revision of the original 2015 rule, ABA members would have been forced to completely change their business practices, and for some operators even to the point of possibly going out of business.