FMCSR pilot programs

Scope

These regulations apply to all who have an interest in the motor carrier industry, including (but not limited to) the general driving public, carriers, and drivers.

Regulatory citations

• 49 CFR 381, Subpart D — Initiation of pilot programs  

Key definitions

• Pilot program: A study in which temporary regulatory relief from one or more FMCSRs is given to a person or class of persons subject to the regulations, or a person or class of persons who intend to engage in an activity that would be subject to the regulations.

Summary of requirements

Pilot programs. A pilot program is intended for use in collecting specific data for evaluating alternatives to the regulations or innovative approaches to safety while ensuring the safety performance and goals of the regulations are satisfied.

The number of participants in the pilot program must be large enough to ensure statistically valid findings.

Pilot programs must include an oversight plan to ensure that participants comply with the terms and conditions of participation, and procedures to protect the health and safety of study participants and the general public.

Exemptions. Exemptions for pilot programs may be granted for one or more of the following requirements:

Initiation of pilot programs. Pilot programs are initiated by the Federal Motor Carrier Safety Administration (FMCSA) when it determines there may be an effective alternative to one or more of the requirements in the FMCSRs, but does not have sufficient research data to support a proposed rulemaking change to the regulation.

An individual, motor carrier, or other entity responsible for the operation of a commercial motor vehicle (CMV) may request the FMCSA to initiate a pilot program. The decision of whether to propose a pilot program will be made at the FMCSA’s discretion.

To suggest a pilot program, a written statement must be sent to the FMCSA. The letter must include:

• Name, job title, mailing address, and daytime telephone number;
• The name of the individuals or motor carrier responsible for the use or operation of commercial motor vehicles (if applicable) covered by the pilot program;
• Principal place of business for the motor carrier (street address, city, state, and zip code); and
• The USDOT identification number of the motor carrier.

A written statement must be provided that:

• Presents an estimate of the potential benefits to the motor carrier industry, the FMCSA, and the general public if the pilot program is conducted, and how the estimate was developed;
• Estimates the amount of time needed to conduct the pilot program;
• Identifies the regulation from which the participants would be exempted;
• Recommends a reasonable number of participants necessary to yield statistically valid findings;
• Provides ideas or suggestions for a monitoring plan to ensure that participants comply with the terms and conditions of participation;
• Provides ideas or suggestions for a plan to protect the health and safety of study participants and the general public;
• Assesses the safety impacts the pilot program exemption may have; and
• Provides recommendations on how safety measures in the pilot project would be designed to achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the regulation.

The recommendation must also include a copy of all research reports, technical papers, other publications, and documents referenced.

FMCSA review. The FMCSA will review the suggestion for a pilot program and make a recommendation to the Federal Motor Carrier Safety Administrator. The final decision whether to propose the development of a pilot program will be made by the Administrator.

If the pilot program is approved, the FMCSA will follow the required administrative procedures for pilot programs.