FMCSA truck-label rule withdrawn

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Fleet Owner / December 29, 2015

The Federal Motor Carrier Safety Administration (FMCSA) has dropped its plans to require interstate carriers to display a label to document a vehicle’s compliance with all applicable Federal Motor Vehicle Safety Standards (FMVSSs) in effect as of the date of manufacture.

In a notice to be published Wednesday in the Federal Register, FMCSA says it has withdrawn the June 17 Notice of Proposed Rulemaking (NPRM) because subsequently filed comments “raised substantive issues” that led the agency to conclude “it would be inappropriate to move forward” with a final rule based on the proposal.

“Because the FMVSSs critical to the operational safety of CMVs are cross referenced in the Federal Motor Carrier Safety Regulations (FMCSRs), FMCSA has determined that it can most effectively ensure that motor carriers maintain the safety equipment and features provided by the FMVSSs through enforcement of the FMCSRs, making an additional FMVSS certification labeling regulation unnecessary,” the notice reads.

Among the objections, commenters (including the American Trucking Assns., the Truckload Carriers Assn., the Owner-Operator Independent Drivers Assn., the Truck and Engine Manufacturers Assn., and several carriers) noted that:

- The rule would provide no safety benefits

- FMVSS markings, particularly on trailers, are subject to damage, over-painting, and loss over the life of the vehicle. No certification marking is permanent

- Many of the manufacturers have gone out of business, been purchased, or are overseas; obtaining a replacement certification or letter may not be possible

- The proposal does not recognize the issues raised by interlining and other operational patterns; and

- The rule would impose significant costs on carriers, which FMCSA has failed to estimate.

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U.S. Truck Safety Regulators Abandon Earlier Proposal

Today’s Truckiing / December 30, 2015

The U.S. Federal Motor Carrier Safety Administration (FMCSA) has withdrawn a notice of proposed rulemaking that would have required a commercial motor vehicle to display a label attesting that it was compliant with Federal Motor Vehicle Safety Standards (FMVSS) when it was manufactured.

The proposal, issued just six months ago, would have required that the decal by applied by the vehicle manufacturer or a U.S. DOT-registered importer.

The agency said it walked back the proposal because the comments it received made it apparent the rule would result in a redundant requirement.

FMCSA said it ended the rulemaking process because commenters “raised substantive issues which have led the agency to conclude that it would be inappropriate to move forward with a final rule based on the proposal.”

The agency noted that the FMVSSs that the decals would have attested to are cross-referenced in the Federal Motor Carrier Safety Regulations (FMCSR) and that “FMCSA has determined that it can most effectively ensure that motor carriers maintain the safety equipment and features provided by the FMVSSs through enforcement of the FMCSRs, making an additional FMVSS certification labeling regulation unnecessary.”