Vehicle Exemption From Federal Regulations in Mississippi
Issue Overview: Federal commercial vehicle regulations classify trucks of between 10,001 and 26,000 gross vehicle weight (GVW) that are engaged in interstate commerce as commercial vehicles, subject to numerous burdensome regulations. However, they allow states to exempt these medium-weight vehicles from federal requirements if they are used intrastate only, carry no hazardous cargo and don't transport 16 or more passengers. Many cases in Mississippi have shown that the federal standard is enforced regardless of whether state lines are crossed. This means that all trucks engaged in commerce that are 10,000+ GVW are commercial vehicles have to comply with federal commercial vehicle standards. The driver has to have a health card based on a regular physical and the business has to have DOT certified drug testing and keep numerous records including hours of service and vehicle inspection, with both being subject to severe penalties for non-compliance.
NFIB Position: Support a state exemption from federal requirements.
Issue Status: Both Transportation Committee chairmen have introduced this legislation for NFIB. SB 3042 and HB 1123, respectively by NFIB member Sen. Billy Hewes (Gulfport) and Rep. Bill Miles (Fulton), have been referred to the appropriate Transportation committee. SB 3042 has now passed the full Senate (52 to 0) and been referred to the House Transportation Committee.
What to Do: Contact Transportation Committee members members to pass SB 3042 by the Feb. 27 deadline, and also contact all other state representatives to get the House to pass it by the March 7 deadline.
What to Say: Remove this heavy burden from Mississippi's small businesses, as Tennessee has done, on these vehicles from federal requirements that were primarily intended for long-haul, 18-wheeler tractor-trailers.
