FMCSA Considering Rule to Identify and Remove Unfit Motor Carriers
The FMCSA wants to remove unfit motor carriers from operating. In January, the agency is expected to publish an advance notice of proposed rulemaking aimed at learning more effective ways to do so.
According to the U.S. Department of Transportation’s latest Significant Rulemaking Report, the notice on safety fitness procedures is projected to be released on Jan. 30
“FMCSA is seeking information on how the agency might use data and resources more effectively to identify unfit motor carriers and to remove them from the nation’s roadways,” the report stated. “FMCSA would seek public comment about the use of available safety data, including inspection data, in determining carrier fitness to operate.”
Safety Fitness Rating Structure Feedback
The agency also is expected to seek public input on potential changes to the current three-tier safety fitness rating structure of satisfactory, conditional and unsatisfactory. The action also is expected to include a review of the list of Federal Motor Carrier Safety Regulations that FMCSA uses in its safety fitness rating methodology. Following an advance notice of proposed rulemaking, the regulatory process requires a notice of proposed rulemaking and a final rule. Each stage of the process includes a public comment period.
Speed Limiters and Braking Systems
The Significant Rulemaking Report outlined several rulemakings that FMCSA is working on, including a speed limiter mandate and automatic emergency braking systems. The FMCSA is expected to publish a supplemental notice of proposed rulemaking regarding the requirement of speed limiters on most commercial motor vehicles in June.
“FMCSA intends to proceed with a motor carrier-based speed limiter rulemaking,” the agency wrote in the report.
The FMCSA issued an advance notice supplemental notice of proposed rulemaking to get feedback in May and under the initial proposal, CMVs with a gross vehicle weight of 26,001 pounds or more, that are equipped with an electronic engine control unit capable of being governed would be subject to the new mandate.
What Would The Speed Be Limited To?
Previous proposals floated the possibilities of 60, 65 or 68 miles per hour, but a true speed limit has yet to be determined. OOIDA strongly opposed the idea of a speed limiter mandate. The OOIDA Foundation points to research that says the frequency of interactions with other vehicles increases 227% when traveling 10 mph below the speed of traffic.
Automatic Emergency Brake Systems Standards
The NHTSA and FMCSA are also planning to publish a joint rulemaking regarding automatic emergency braking systems in January. The agencies will seek comments on a proposal to require and standardize equipment performance for automatic emergency braking systems on CMVs.
performance standards and motor carrier maintenance requirements will also be expected in the rulemaking for automatic emergency brakes on heavy trucks and would bring test procedures for measuring performance.
Related Articles: