Performance Based Exemptions

There is a movement afoot by the federal government to enact performance-based regulations. A pilot program developed by the Federal Highway Administration is currently under way to exempt selected trucking companies that operate fleets of vehicles weighing between 10,001 and 26,001 pounds. This exemption will excuse such carriers from maintaining inspection records, accident records, driver qualification files, and will eliminate driver road tests and the requirement for drivers to keep logs or time cards. The criteria for participation in the program will be limited to those carriers with very low accident rates and will require the carriers to develop a safety control plan which will ensure that safety of the motoring public will not be compromised. The Federal Department of Transportation will determine which carriers and drivers are eligible and will reserve the right to revoke the exemption if it is found not to be in the public interest. The good news is that the rules and regulations regarding insurance, drug and alcohol testing, driver medicals, and hazardous material regulations will not be exempted. Motor Carrier Liability, 2006, CCH Incorporated, page 104.

A bill similar to the Federal Performance-Based Program has been introduced in the Alabama House of Representatives. It would exempt commercial vehicles weighing 13 tons or less from Federal Regulations. In other words, the proposed law would exempt trucks weighing 10,001 to 26,001 pounds from safety regulations, including the number of hours the driver may drive and physical exams. Vehicles that fall into this category include light dump trucks and straight or one-piece box trucks operated by businesses to deliver products all over the State of Alabama. Furthermore, more than 13% of fatal truck crashes in Alabama in 2005 involved vehicles within the range that the bill would exempt. Jere L. Beasley Report, May 2007.