Changes Expected to FMCSRs

I shared some thoughts last week on changes in the regulations that might impact your operations this year.

I mentioned the current climate of deregulation – the current administration is unlikely to view favorably any new rules unless there is clear justification or broad industry support, or both.

The one thing that could change this trend would be more fatalities.

I brought up Automatic Emergency Braking Systems (AEBS) and mandatory speed limiters but didn’t follow through on those topics. I thought I’d pick up here today.

Congress has required the DOT to do this; it is part of the 2022 “Infrastructure bill”.

But the law requires the DOT to act; it does not force motor carriers to do anything.

The ball is in the NHTSA’s court for now; they could require manufacturers of new CMVs to include this technology in future. The FMVSS will be amended to require this technology on new CMVs over 10,000 pounds GVWR. The FMCSR will require these systems to be active and functioning.

The bottom line is, the AEBS may be implemented this year, with a 2-3 year window for implementation. This is similar to the 20-year argument that led to final implementation of ABS braking in the early 90s.

Since all trucks manufactured after 1994 already have ECUs that give us this ability, we aren’t waiting for the NHTSA to mandate anything new, except they might require manufactures to set the speed limit from the factory. Mostly this one is in the FMCSA’s court now.

This rule would only apply to CMVs requiring a CDL. Surveys indicate 60 – 70% of motor carriers are currently using this technology. But the motor carrier decides where to set the limit; some trucks can only travel 65 mph, some 70 and some higher.

The questions are if the FMCSA will finalize this requirement, and if so at what speed.

In 2022 the FMCSA proposed a 68 MPH.

In 2023, a new rule was proposed which did not specify the MPH setting.

In 2024 both the house and senate discussed legislation preventing the DOT from telling motor carriers what speed to set the ECUs at.

The bottom line is; there is no consensus on where to set speed limiters, and there is resistance from both the administration and motor carriers. And the administration is unlikely to support a controversial rulemaking with this much industry pushback.

Speed limiters are a good tool to manage driver behavior; YOU decide if you want to set the speed limiters on some or all fleet trucks and if so, at what speed. Maybe your most-experienced drivers should be allowed to decide for themselves. Perhaps new-hires, younger drivers, or those with marginal safety records should drive a CMV that is limited to 65 or 70 or 75 mph.

AEBs: These gadgets might be a lifesaver: look at the technology that is available today. Some carriers are early adopters of new tech. Other carriers take a wait-and-see approach, thinking the 2nd or 3rd generation might be more reliable, less expensive or both.

To implement or upgrade your motor carrier safety management systems, and you are unsure of which steps to take next, we can help.

If you are not sure what your next steps should be, we can help analyze your existing systems and recommend adjustments. If you have a specific issue you need help with, we may be able to help you determine the best methods to upgrade your safety management controls.

Let us know if we can be of assistance. Call us at 847-836-6063, visit our website, or send us a chat message.

Sincerely,

Mike England
Senior Safety Consultant
DOT Compliance Help, Inc.

But maybe I’ll get into those in a future email message.

For now, I just want to leave you all with a reminder that 99% of the rules have never really changed, just the enforcement mechanisms.

If you have a good system, keep it up.

If you don’t have a good system, shape up.

If you are not sure, and you would like me to help you improve your system of safety management controls, contact us; we can help you.

The question I’ll leave you all with is this; Are you prepared for a Compliance Review? If you aren’t sure, call us (847-836-6063) or message us via our website. We can help.