The FMCSA Has Proposed New Rules to Make Trucking Safer

Many people are preparing themselves to reach new goals in the new year – including the Federal Motor Carrier Safety Administration (FMCSA). The organization plans to recommend several new rules that revolve around the use of electronic logging devices (ELDs), automatic emergency braking systems (AEBs), and roadside truck inspections. These new rules are all designed to make the roads, and the trucks which travel on them, safer.

The Office of Management and Budget (OMB) reports that the FMCSA currently has four proposals that are still in the pre-rule stage. The agency plans to issue formal notices of those proposals between March and June of this year.

What are the ELD usage proposals?

Electronic logging devices (ELDs) are electronic hardware devices used by truckers to assist with recording driving hours. These devices were introduced to the trucking industry to help truckers with keeping track of their driving hours for HOS regulations and maintain a safe working environment.

The current ELD rule:

• Requires ELD use by commercial drivers who are required to prepare hours-of-service (HOS) records of duty status (RODS).
• Sets ELD performance and design standards, and requires ELDs to be certified and registered with FMCSA.
• Establishes what supporting documents drivers and carriers are required to keep.
• Prohibits harassment of drivers based on ELD data or connected technology (such as fleet management system). The rule also provides recourse for drivers who believe they have been harassed.

Since the institution of the ELD rule, the number of annual truck accidents has dropped, per FMCSA. However, the fourth part of the rule – about driver harassment – may not have been as effective. The agency is looking into technical modifications in response to concerns voiced by truck drivers as well as small business owner/operators in a member survey conducted by the Owner-Operator Independent Drivers Association.

Many small business operators believed that when the rule was first issued, there would be an increased threat of driver harassment from fleet owners. While some members revealed that they did face increased harassment (or perceived that they did), and that they felt forced to take breaks when they didn’t need them, or to keep driving when they wanted to stop, others expressed that they felt less harassment because carriers and shippers were no longer pressuring them to complete unrealistic delivery schedules.

The FMCSA proposal states that many lessons had been learned by several organizations involved with the ELD rule, and that the agency plans to take these lessons and apply them to help streamline and improve both the rule’s text and the specifications regarding usage.

What are the FMCSA’s proposals regarding AEBs?

Another proposal that the FMCSA plans to introduce next year includes the maintenance and operation of automatic emergency braking systems. The organization plans to seek public comment on how to improve maintenance on these types of systems. The National Highway Traffic Safety Administration (NHTSA) is ready to “require and/or standardize AEB equipment performance on heavy trucks,” Freight Waves reports, and the FMCSA’s plan is to support this rule.

Although AEBs are a type of device that can detect an obstacle in front of a truck and issue a visual or auditory alarm to prevent a truck from colliding with the obstacle in front of them, truckers have expressed their criticisms of the systems in the past. The primary cause for concern has been that the AEBs are not effective for heavy vehicles.

Reducing the number of “unfit” trucking companies through roadside inspections and law enforcement collaboration

Another proposal that the FMCSA plans to introduce revolves around the improvement of identifying “unfit” trucking companies. The agency plans to gather public comments on how to locate these types of trucking companies more effectively and how to remove them from the nation’s roadways. Some of the information the FMCSA plans to collect include the use of available safety data and inspection data to determine the company’s ability to operate.

The agency is considering potential changes to the current three-tier safety fitness rating structure, from satisfactory, conditional, and unsatisfactory.

Finally, the FMCSA plans to collect public comments on how to assist law enforcement officials in identifying and targeting high-risk operators. The agency has been considering making some amendments to the current regulations that would require the use of an electronic device for every truck operating in interstate commerce. These electronic devices would contain unique identification numbers when challenged by a roadside system. This proposed rule was established in response to a petition from the Commercial Vehicle Safety Alliance. According to both the FMCSA and the OMB, this proposed rule can help assist with the effectiveness of roadside inspections.

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