Upcoming Trucking Regulations That Will Reshape the Industry
The Federal Motor Carrier Safety Association (FMCSA) is continuously considering new regulations in an ongoing attempt to improve road safety and the environmental impact of trucking.
While these regulatory changes affect all interstate drivers, many intrastate operations will also be impacted as many states adopt federal rules.
Here's what to expect from future regulations.
Stricter Emissions Standards
Not surprisingly, the FMCSA has continued to clamp down on emission standards. Recent updates include the 2007 Clean Diesel Program and 2021’s Greenhouse Gas Emissions Standards Phase 2.
In December 2022, the US Environmental Protection Agency further tightened standards for all new trucks starting in 2027.
California also introduced important changes this year. Starting January 1, all drayage trucks are required to be registered with the California Air Resources Board (CARB). By 2035, all drayage trucks will need to be emission-free.
Automated Braking Systems And AE Technology
In June 2023, the FMCSA proposed a new Federal Motor Vehicle Safety Standard (FMVSS) that could require automatic emergency braking (AEB) on all trucks and heavy vehicles with a gross weight of more than 4,536 kilograms (10,000 pounds).
The FMCSA notice also proposed an amendment to FMVSS No. 136. The amendment would require previously exempt vehicles to adhere to electronic stability control systems (ESC) and outlines specific performance ESC performance.
Potential Standardized Tests For New Carriers
In 2009, the FMCSA proposed a new rule that would require new carriers to prove they have the knowledge and skills needed for the job. Nothing much happened at the time but now the rule is back on the FMCSA's radar.
The Department of Transportation is considering different ways that new carriers apply for New Entrant authority to ensure they have the required knowledge and understanding of relevant safety requirements. A proficiency exam might be part of the process. The main purpose of the proposed standardized tests is to help keep truckers, other drivers, and pedestrians safe.
Improving Roadside Inspection Efficiency By Issuing All CMVs Electronic IDs
Issuing electronic IDs to all commercial motor vehicles (CMVs) was originally proposed by the Obama administration. While the proposal never went anywhere, it looks like the FMCSA is revisiting the issue. If the new proposal passes, every CMV will receive an electronic ID that wirelessly communicates with safety enforcement personnel.
The Crash Preventability Determination Program
2024 could see a change in the FMCSA’s Crash Preventability Determination Program (CPDP). A program originally launched in May of 2020.
Currently, if it's determined that a truck accident was not preventable, the incident is listed in the FMCSA's Safety Measurement system but is not included in the Crash Indicator Behavior Analysis Safety Improvement Category.
The new proposal would add additional crash types to the program, helping to provide more context for truck drivers that may not be at fault. The improved reporting would also help the FMCSA take a data-driven approach to identifying safety best practices in addition to already common methods used to prevent truck accidents.
The Appeal Process For DATAQs
Requests for Data Review (RDR) submitted to the FMCSA through the DataQs system sometimes get denied. A new proposal by the FMCSA would give truckers the chance to appeal this decision.
If implemented, truckers would be able to request and track a review of Federal and State crash and inspection data submitted to and stored by the FMCSA that could be wrong or incomplete.
If an appeal is accepted, the outcome of the review would be final.
Unified Carrier Registration (UCR) Fees Increase
Truckers in the Unified Carrier Registration Plan can expect to pay roughly 25% more in 2025 than in 2024. The FMCSA announced the fee increase in January this year.
Return-to-duty Process For Drivers With Drug Or Alcohol Violations
The FMCSA has updated the return-to-duty process for truck drivers with drug or alcohol violations. According to the new rule, state driver licensing agencies (SDLAs) cannot issue, renew, upgrade, or transfer a CDL or CLP for anyone prohibited by FMCSA regulations from driving a CMV or performing other safety-sensitive functions due to one or more drug and alcohol program violations.
The rule also removes CLP or CDL privileges from truck drivers' licenses with CMV driving prohibitions. This means that those licenses are downgraded until those drivers comply with return-to-duty requirements.
The new rule also requires employers to provide a list of DOT-qualified substance abuse professionals to drivers with drug or alcohol violations. Drivers will then be evaluated by a substance abuse professional, be prescribed either substance abuse education or treatment, and then be reevaluated.
If the driver passes the second evaluation, employers will send them to complete testing. The employer must complete a follow-up testing plan with the driver for them to keep their “not prohibited” status.
