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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. Jimmy

    Turning down the trucks should around 70 to73 ,but if lower you will create a serious situation with drivers and with the four-wheeler cars because it’s going to be a lot of traffic jams a lot of attitude and a lot of crazy people that will create a hostile environment for the highway the only thing you need to do is get the unsafe drivers cars and trucks off the roads and not punish the drivers that are safe drivers common sense is easy to use you can run the numbers all you want it still comes back to y’all are failing us because you created this hostile environment with the highway transportation, don’t punish the hard-working people that keep America moving. O

  2. Riddy Stevens

    How many people at fmcsa has ever actually driven a truck? With all the emphasis on the trucks and drivers here’s a new one for you instead of focusing on making trucks road worthy how about making sure the roads are truck worthy. Poor road conditions damage trucks, tires ,causes fatigue on equipment and driver.where can I park to eat or sleep. Slow moving vehicles cause accidents though they may not be directly involved or even aware. Drivers are not machines but are forced to drive when they may want to stop or vice versa. The rules should be made by people with EXTENSIVE driving experience not someone that has little or none. It’s no wonder there’s a driver shortage and companies have up to 150% driver turnover. Limit the truck speed then limit everyone’s speed the technology has been in existence for decades.

  3. David Terrant

    I wish you people implimenting these rules had clue as to what you are talking about. You wamt us regulated well then maybe they should regulate every vehicle on the road. We are at work and you are putting our lives in danger, i know you dont care about the drivers that is for certain. Sooner or later you will see as the food and supplies will just keep taking longer to get to the store.

  4. Ricky Salas

    I know you always wanted input on speed limiters on our trucks. But like I’ve always said it doesn’t matter what input we give you are still going to do it no matter what. You would drive drivers out of business you will cause drivers to quit driving and you will drive up the price of all supplies. Truck driver should put a sign on their truck with the FMCSA phone number to complain to them why trucks are going slow. Maybe they’ll listen when the American people start calling them.

  5. William Kennedy

    Ya know after 47 years of serving my country by pounding the highways across this USA I once was proud knowing that I was an important part in supplying the goods that America needed to survive. Now I hang my head with not one time in 47 years did anybody say thank you for what you do. These so called first responders is a big joke who is really the first well it’s the truckers because if we don’t deliver what these (quote) first responders need to do their jobs guess what they can’t do their jobs! FMCSA has done nothing for the trucker except make this job 1000 times harder than it needs to be. Yes it’s no secret that you can’t get two truckers to stick together even if you used superglue but the time is fast approaching where this country is going to be in a world of hurt because there’s not going to be a trucker anymore. They think these selfdriving trucks are the answer well I’m just dying to see them roll into Colorado with the lights flashing for chainup! What they going to have a little trapdoor open and alittle robot come scampering out to hang chains! This is just one drop in the bucket as to why this isn’t going to work. Then we have speed limiters (really) you think traffic jams are bad now oh just wait! Now let’s get to the auto braking what this is not many of us old timers left who actually pay attention to driving, flow of traffic, accidents, ice covered roads, flooding, down trees, powerlines not to mention brake checking idiots oh it’s going to get even better out there. Now EV tractor trailers uh come on the power grid can’t handle it with a/c units running not to mention where do you charge up how long to charge, how far can you drive between charges and now the biggie what’s it going to cost to plug In to charge it up! Believe me I know what I can do and what I can’t. They just need to leave us alone and let us do what we do best! They (think) there’s a driver shortage well why is it then you can’t find parking? If there was a huge shortage there would be parking for us. Well the big driver shortage is coming just wait and see. There going to find out but it’s going to be too late! God help us All were doomed!

  6. Jermaine Weathers

    This is ridiculous these people are constantly making this industry weaker than ever whoever is in charge needs to be taking a dot urine and hair drug screen y’all bring this crap as y’all call SAP program out and lose over 100k thousand drivers the main question I have is what are y’all going to do when it’s no more drivers? To harrass and judge? Because pretty soon drivers are going to start retirement and going local FMCSA is a bunch of idiots that only care for them selves and I pray y’all don’t rely on student drivers because if so this industry is really screwed start listening to us drivers and not these ignorant company owners they don’t drive the trucks we do FMCSA do better!!

  7. Richard M. Rehmer

    FMCSA, after 10s of thousands of negative comments from truck drivers on speed limiters, still plans to implement them. That tells you that the FMCSA really does not care what the driver thinks. Just shut up and do as your told. As the accidents start happening from the speed limiter combined with the stupid EDL, let’s see what they think afterward

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.