Thursday, December 11, 2014

CVSA's Legislative update of FY 2015 FMCSA Appropiations Funding

See below for CVSA's legislative update.
FY 2015 Appropriations Update
Yesterday, the House and Senate released the negotiated 2015 spending bill package. The measure funds transportation and most other government spending through the end of the fiscal year (September 30, 2015). However, the Department of Homeland Security is funded for a shorter amount of time, through February of 2015. Funding for FY 2015 is essentially frozen at FY 2014 levels. The bill also contains a number of policy changes, including the provision suspending enforcement of a portion of the hours of service regulations while a study is conducted. A full summary of the relevant provisions can be found below. The House and Senate are both expected to pass the bill this week.

Wednesday, December 10, 2014

Comments Requested on Increase In Liability Insurance Minimum

Last month the FMCSA seemed ready to release an NPRM to raise the current amount of liability insurance carriers are required to maintain.

The current regulatory minimum for commercial motor vehicles carrying property is $750,000 per occurrence although most carriers maintain $1,000,000 in coverage. Although the minimum has not been changed in decades and the cost of catastrophic loss has escalated, determining a new amount requires a cost benefit analysis including an examination of the effect of resulting increased premiums on small carriers (ATA and OOIDA contend that just 1%  of all truck related crashes exceed the current minimum).

Friday, October 31, 2014

Electronic Filing Required For Heavy Vehicle Use Tax Return When Reporting More Than 25 Vehicles

11/10/2014 - UPDATE
In a final regulation published two days after the effective date of the regulation we reported on below, the Internal Revenue Service has rescinded the requirement that anyone paying the federal heavy vehicle use tax for more than 24 vehicles must file and pay electronically.  That rule has been in place since 2011.

IRS stated in the introduction to the amended regulation that the change was made to reduce the burden on small businesses.  In the future, IRS will accept paper filings of the HVUT Form 2290 for fleets of any size.

We are sorry for any confusion!  Please call with any questions you may have.

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10/31/2014
Final regulations have been issued by the Department of the Treasury's Internal Revenue Service requiring the electronic filing of Form 2290, Heavy Highway Vehicle Use Tax Return.  Those regulations in part provide that effective October 29, submission of a paper Form 2290 for 25 or more vehicles constitutes a failure to file for purpose of the Section 6651 penalty.  The tax form for fewer than 25 vehicles may still be filed by paper, but the IRS is moving toward electronic submission of all returns.

Bob Rothstein
 

Thursday, October 30, 2014

New Washington D.C. Commercial Vehicle Loading Permits

For any motor carriers that regularly make deliveries or will be delivering goods in Washington, D.C. please note that Washington's new curbside loading zone program starts on January 1, 2015. This program requires commercial vehicles to obtain an annual or daily permit to park in a curbside loading zone.

Carriers can begin acquiring permits on November 3, 2014.  

Daily permits can be purchased online and are $25.00 per vehicle per day.

Annual permits are $323 per vehicle and a $50.00 annual fee for the company

The permit allows the vehicle to park for 2 hours in a loading zone.  The permit must be displayed on the vehicle's windshield.

As anyone knows who spends or has spent time in Washington D.C. they are very aggressive on parking enforcement. Make arrangements to be in compliance or you can expect parking fines.

Sincerely,
Jeffrey Cox, Esq.
703-573-0700

Tuesday, September 9, 2014

Fall 2014 Safety Update


Fall 2014 Safety Update


            1.         Safety Fitness Determination.  The FMCSA has scheduled for release in the next several months its safety fitness determination rulemaking.  Release of this water shed rulemaking has been delayed numerous times over the past 4 years and release cannot be predicted.  The Agency has said that the ultimate safety fitness determination will be based upon objective criteria, not the grade on the curve SMS percentile basis.  Yet, to the extent the safety fitness determination is based upon flawed SMS data and ratings are assigned without due process or audit, the systemic flaws (inadequate data, inaccurate data, enforcement anomalies, the law of large numbers, etc.) will remain.  The industry must be prepared to analyze and comment on any new rule, particularly if carriers are branded as "marginal" without due process and the negligent selection threat is not addressed.