It’s been quite a year for new trucking industry regulations. In the first half, truckers came under increased legal scrutiny for everything from stricter Medical Examiner’s Certifications to heightened CDL Testing and CLP Standards. And it doesn’t stop there.
As expected, in June the Environmental Protection Administration (EPA) unveiled sweeping new fuel efficiency and emissions standards for heavy-duty trucks. According to The New York Times, the new rules are, “…meant to increase the fuel efficiency of the vast rigs that haul goods as varied as steel, timber and oil, as well as packages from Amazon.com. The regulations will also set emissions targets for other types of trucks larger than light-duty pickups, like delivery vehicles, dump trucks and buses.”
If you’re looking for a pre-owned truck, though, there’s little to worry about … for now. The new rules apply to trucks that will be manufactured between 2019 and 2027, so it’s really a non-issue for the secondary market until around 2030.
Buyers in the pre-owned vehicle sector often manage to delay and offset the costlier side of new emissions and fuel efficiency laws, as older trucks are essentially “grandfathered” and can continue to operate with pre-regulatory systems for years after new laws pass.
Of course, there are some new regulations that every fleet, owner-operator and driver must comply with, regardless of when they buy their trucks. Many come by way of the Federal Motor Carrier Safety Administration (FMCSA), and that agency has a very busy agenda for the remainder of 2015.
The FMCSA’s regulatory priorities for the rest of the year were laid out in a mid-September memorandum by acting chief Scott Darling. Here’s a look at his top five:
1. Safety Fitness Determination
In a nutshell, the FMCSA is about to publish a proposed rule that would use its data and resources to replace on-site compliance reviews in determining whether a carrier is considered fit to operate. The new rule will focus “…on incorporating current on-road safety performance data (i.e., roadside inspection and crash data) and evaluating carriers based on their own performance.”
2. Inspection Modernization
This revolves around the latest version of the agency’s inspection software program, now known as Aspen 3.0. Darling said, “Many of the functions needed at roadside are now integrated into the Aspen system without requiring external software. Law enforcement personnel are also able to obtain direct access to out-of-service notices.”
3. Unified Registration System
URS will streamline manual processes and combine several forms that regulated entities are required to submit into one unified registration – the electronic “smart form.” FMCSA is implementing the new system to improve the accuracy and timeliness of its database of registered motor carriers based on the 2013 final rule, Darling said.
Darling noted, “It is important that we get this right. As such, we will move forward with a new phased implementation that will ensure a successful launch. A Federal Register Notice will be published in October that will provide details on the updated implementation timeline.
4. Compliance, Safety, Accountability (CSA) Phase III
For a successful launch of final two CSA interventions – offsite investigations and cooperative safety plans – FMCSA is lining up training for federal and state investigators, as well as outreach to the industry. Darling said two important things to note are:
- The agency is also moving forward on a new type of investigation – the crash BASIC investigation – that focuses on identifying trends in carrier crash behaviors.
- FMCSA will be fine-tuning the SMS algorithm to better identify carriers for investigation so that we can intervene more quickly with those found to be at greatest risk. A second Federal Register notice announcing the preview of the changes will be published in the coming months.
5. Electronic Logging Devices (ELD)
While it’s been hung up in final review in the Office of Management and Budget, the long-awaited Electronic Logging Device (ELD) ruling is expected to be public before the end of the year. Darling said that although the agency cannot discuss the provisions of a final rule before it is made public, he said benefits will include:
- Improving hours of service (HOS) compliance, which the agency estimates will prevent about 20 fatalities and over 400 injuries each year;
- Helping businesses cut paperwork and save money;
- Protecting drivers from harassment; and
- Making it easier for law enforcement and safety inspectors to review driver HOS records.
Clearly, the FMCSA has outlined an ambitious legislative agenda for the closing months of 2015. What’s not clear is whether all of Mr. Darling’s agenda items will hit this year, or next, or be put off as these things sometimes are.
