HomeMy WebLinkAbout970506.docxDECISION MEMORANDUM
TO:COMMISSIONER HANSEN
COMMISSIONER NELSON
COMMISSIONER SMITH
MYRNA WALTERS
TONYA CLARK
DON HOWELL
RON LAW
ALAN KILLIAN
DAVID SCOTT
WORKING FILE
FROM:BRAD PURDY
DATE:JUNE 6, 1997
RE:PROMULGATION/AMENDMENT OF MOTOR CARRIER RULES, IDAPA 31.61.01.000
The Commission Staff proposes the promulgation of new and amendment of the Commission’s existing Motor Carrier Rules, IDAPA 31.61.01.000. Included with this memo as Exhibit A is a copy of Staff’s proposed rule changes in legislative format. Generally, Staff proposes to eliminate those rules pertaining to rates, routes and service provided by all motor carriers in light of federal preemption. These rules, and portions of rules, have already been suspended by the Commission. Staff now simply wishes to remove them entirely from the Commission’s Motor Carrier Rules.
Staff also proposes to remove all rules and portions of rules pertaining to safety fitness ratings. The Commission recently suspended those rules in response to a federal court ruling that they were illegally promulgated. The Federal Highway Administration is in the process of promulgating a new safety fitness rating methodology. Staff believes that the Commission, should it desire, can eventually promulgate new rules regarding safety fitness ratings.
Staff proposes consolidating Rule 17 with Rule 19 (pertaining to drug testing) to eliminate a redundancy. This will have no substantive effect on the Commission’s drug testing policy. Staff also proposes adopting the federal regulations relating to leases of equipment and to eliminate the Commission’s rules relating to the same subject matter. Staff notes that the Commission’s rules are simply a reproduction of the federal regulations and it is sufficient to simply reference those regulations. Staff proposes to eliminate Rule 25 pertaining to the interchange of equipment because this is an obsolete practice and the rule is no longer needed.
Commission Decision
Does the Commission wish to proceed with the promulgation and amendment of the Commission’s Motor Carrier Rules as generally proposed by Staff?
Brad Purdy
vld/M:MCrules.bp