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What are FMCSA’s top upcoming proposed rules?

Speed limiters, broker surety bonds among significant rulemakings scheduled in 2023

The U.S. Department of Transportation issued in September its latest Significant Rulemakings Report summarizing the status of such rulemakings for each of its agencies.

“Significant rules,” according to DOT, “are essentially those that are likely to have high benefits or costs or are potentially controversial.” Significant proposed or final rules issued by a DOT agency must also be reviewed by the secretary of transportation and the Office of Management and Budget before they can be issued.

For the Federal Motor Carrier Safety Administration, five significant proposed rules have been scheduled for 2023, with each summarized and listed below in order of their projected publishing date — DOT emphasizes it is not committed to specific dates.

Integration of ADS-equipped commercial motor vehicles

Stage: notice of proposed rulemaking (NPRM)


Projected publication date: Jan. 18, 2023

Summary: FMCSA proposes to amend its regulations to address the integration of Automated Driving System (ADS)-equipped commercial motor vehicles (CMVs) onto roadways. “The proposed changes to the CMV operations, inspection, repair, and maintenance regulations prioritize safety and security, promote innovation, foster a consistent regulatory approach to ADS-equipped CMVs, and recognize the difference between human operators and ADS.”

Broker and freight forwarder financial responsibility

Stage: NPRM

Projected publication date: Jan. 25, 2023


Summary: FMCSA issued an advance notice of proposed rulemaking (ANPRM) seeking comment in September 2018 on rule revisions mandated by Congress in 2012, which raised the financial security amount for brokers to $75,000. The ANPRM considered eight separate areas related to broker and freight forwarder financial responsibility, which will inform the upcoming NPRM: group surety bonds/trust funds; assets readily available; immediate suspension of broker/freight forwarder operating authority; surety or trust responsibilities in cases of broker/freight forwarder financial failure or insolvency; enforcement authority; entities eligible to provide trust funds for form BMC-85 trust fund filings; forms BMC-84 and BMC-85 trust fund revisions; and household goods.

Safety fitness procedures

Stage: ANPRM

Projected publication date: Jan. 30, 2023

Summary: FMCSA is seeking information on how it might use data more effectively to identify and remove unfit motor carriers from the roadways. FMCSA plans to seek public comment on using safety data and inspection data to determine a carrier’s fitness to operate. “The Agency would also seek public input on possible changes to the current three-tier safety fitness rating structure.”

Automatic Emergency Braking Systems

Popular title: AEB Systems

Stage: NPRM

Projected publication date: Jan. 30, 2023

Summary: A joint rulemaking of the National Highway Traffic Safety Administration and FMCSA will seek comments on a proposal to require and/or standardize equipment performance for automatic emergency braking (AEB) systems on heavy trucks. “The rulemaking is expected to propose performance standards and motor carrier maintenance requirements for AEB systems on heavy trucks and accompanying test procedures for measuring the performance of the AEB systems in NHTSA compliance testing.”


Heavy vehicle speed limiters

Stage: supplemental notice of proposed rulemaking (SNPRM)

Projected publication date: June 30, 2023

Summary: FMCSA is issuing an SNPRM as a follow-up on a speed limiter rulemaking issued jointly by FMCSA and NHTSA in September 2016. The new rulemaking will consider whether additional regulations should be issued concerning CMV manufacturer requirements. “Specifically, motor carriers operating CMVs with a gross vehicle weight rating or gross vehicle weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, that are equipped with an electronic engine control unit (ECU) capable of governing the maximum speed be required to limit the CMV to a speed to be determined by the rulemaking and to maintain that ECU setting for the service life of the vehicle.”

Click for more FreightWaves articles by John Gallagher.

22 Comments

  1. Bee

    I’ll say it and say it again. If FMSCA CAME up for a vote. I’ll bet every single trucker will vote you OUT. This is the dumbest organization out there. Let’s find a lawyer and enough votes to put these people out of business before truckers decide to strike. Then you will see what a gas and food shortage look like.

  2. Michael Melton

    Quentin Cooper said it all correct. This is about control, not safety. WHY ARENT PASSENGER CARS REGULATED?? All of the troopers on the side of the road and who do they pull over? TRUCKS. Why? More money. Every driver I know of does a pretrip inspection. 90% of trucks ARE governed to 75. CARS ARE responsible for 90% of accidents with trucks. Just wait, the government is going to thumb us until the driver’s go on strike. What then when the WHOLE COUNTRY shuts down?? You thought COVID was bad, wait till drivers shut down. Toilet paper won’t be the only thing you’ll be out of. What I want to know, is WHY out of every industry out there are we the ONLY ones with somebody’s nose up our butt telling us when to sleep, eat and stop. They’re taking the toys out of driving. Its long and lonely out here and having some freedom within that is what keeps us going. I don’t understand why nobody else has the government ruling everything they do. We drive a truck. We run across the country. Just let us do our job.

  3. Quentin Cooper

    I’ve been driving truck since I was 16 years old and one kind of a truck or another I’ve owned my own trucking business Established in 1989 believe I got my authority in 1990 I’ve watched all these regulations come Into affectThey say in the name of safety but in reality It’s about control 1st and foremost Split speed limits do not work It causes more accidentsThe data is already out there all you have to do is look it upThe problem is you can’t fix stupid people are always gonna be impatientAnd they do stupid things around trucks because they’re in a hurry. Hours of service For commercial drivers Another big Problem You cannot set a time When you’re supposed to work and when you’re supposed to sleep Your body We’ll shut down when it’s ready For Rest For instance How often do you doze off Or Get drowsy When you stop to Read something or Watch TV Or even drive What I’m getting at is that you have 14 hours to work and 11 hours to drive So once you start your clock You’re burning up time Whether if you’re driving Loading or unloading God forbid you get drowsy and have to stop To rest Now every hour that you’ve rested you’ve burned up on your 14 hour rule So say you spent One hour pre trip 2 hours drive time to get loaded 2 hours getting loaded That’s 5 hours Of your 14 hour clock Now you’re hot and sweaty because you had to tarp the load So you need a shower So you go to the nearest truck stop So you can get cleaned up 1 hour drive ok that’s 6 hours off you’re 14 1 hour for shower that’s 7 hours off you’re 14 that leaves 7 hours left for driving but you drive for hour Come up on construction or Accident Stop and go traffic For 2 Hours That makes 10 hours off your 14 And now you’re beat And your body is shutting down So you find a place to park And close your eyes Next thing you know 4 or 5 hours went by And you have no time left on your 14 Our rule So you have to let your clock reset But at this point you’re not tired so you’re tossing turn Trying to rest Knowing the load has to be there tomorrow It’s stupid you need to rest win your Tired And drive when you’re awake According to your body not the clock. And the idea Of trucks Having autonomous breaks Bad idea It’s OK during dry conditions But wet conditions or ice Could be a real problem Talk to a driver That has an anti collision And he said the brakes automaticall Applied Due to a shadow On roadway That’s dangerous In any condition let alone when it gets icy. Like I said before you can’t fix stupid There is always going to be somebody doing something wrong And machines fail that’s a fact of life Just like one day we’re going to die. But we cannot give up our freedoms and our Right In the name of safety Especially when it’s about control And money Just food for thought from someone that’s been in the industry For a very long time Safe travels to all you drivers and God-bless.

  4. Thad Cummins

    Here’s something scary for ya. Law enforcement in Kansas, just a week ago, im passing a vehicle on a straight away highway, im governed at 70 mph. And out of no where comes a sheriff and passes me on the shoulder at the same time as I pass that car, 3 vehicles side by side at 70 mph. What the hell is safe about that. That sheriff put 6 vehicles a risk passing on the shoulder at 70mph.

  5. Miles. BRUNER

    I’ve been driving since 1984 we have already got too many regulations as it is and now you want a regulate speed limits on trucks we have no parking Harley for truck everybody racing against a clock now you want to regulate the speed where you’re going to have nothing but a mess out here that will cause more accidents because everybody is not going to drive right according to the speed limit even if you regulate it because cars are not going to be courteous enough to give a truck time to get out of their way now they will be trying to pass you on shoulders as they do already now maybe the people that’s making these rules need to ride in a truck for about a month not one trip a month and see what it’s like out here before someone sit there and look at it computer and start trying to dictate or make suggestions of what they are to do in the trucking industry that’s when you have such a shortage now because all of the regulations you giving up your home time from your family so the people that’s regulating these rules can enjoy all the work that drivers are doing to get the product to the stores and wherever else but they don’t think about that I think someone that’s going to pass these kind of laws need to least be done been out of here in a truck for at least a year other than just looking at some type of computer and what it looks like it it computer just my thought

  6. Khemi

    They need to b regulating passenger cars more than us and. Have. Special highways were passenger cars are not allowed and have that heavily enforced Casue slowing us down isn’t making them any more of safe drivers. If anything it’s more dangerous I mean look at California 55 for truck while all other can go 75 that’s horrible outdated and dangerous o and zombifing

  7. Bud Young

    Why not requie brokers and freight forwarders bond their total outstanding Liabilities?
    If it really is about safety govern all vehicles to the same safe speed!

  8. Stephen R Doughty

    You people are idiots , govern speed on your car and every car made whom cause over 90% of all crashes while you’re at it address the fundamentals of safety

Comments are closed.

John Gallagher

Based in Washington, D.C., John specializes in regulation and legislation affecting all sectors of freight transportation. He has covered rail, trucking and maritime issues since 1993 for a variety of publications based in the U.S. and the U.K. John began business reporting in 1993 at Broadcasting & Cable Magazine. He graduated from Florida State University majoring in English and business.