FMCSA rule changes for 2023? (2023)

Introduction

In this video, we breakdown potential regulatory changes in store for the trucking industry in 2023 by the FMCSA. We discuss speed limiters, ELDs, emergency automated braking, safety ratings, new entrant audits, and more.

Trucksafe Consulting, LLC is a full-service transportation safety consulting firm, offering one-on-one consulting services as well as industry-leading training resources and compliance forms. Brandon Wiseman and Jerad Childress, Trucksafe's owners, are transportation attorneys who have worked with the nation's largest and most sophisticated motor carriers on USDOT safety regulations. They focus their efforts on helping carriers develop and foster state-of-the-art safety programs. For help managing your DOT policies and procedures, mock DOT audits, safety rating upgrades, DataQs appeals, and much more, contact us through our website: www.trucksafe.com

Video

Hey, everyone Brandon here from trucksafe 2022 was a big year for Trucking and a fairly busy one for Regulators.

We saw a lot of new rules.

Come out of the Federal Motor Carrier safety administration this year, including most notably the entry-level driver training regulations from February.

But with 2022 coming to a close.

The question is what's in store for 2023 from a regulatory perspective, that's, what we're discussing in this video.

So stay tuned.

Do us a favor hit that like And subscribe button below if you find this type of content helpful.

Thank you foreign.

Okay.

So as most of you are well aware Highway, transportation is very heavily regulated, at least from a safety standpoint, carriers and drivers who are engaged in interstate.

Commerce are generally subject to a body of laws known as the Federal Motor Carrier safety regulations, which govern driver qualification hours of service, vehicle maintenance, drug and alcohol testing and everything in between.

And even if you're only engaged in intra-state Commerce in a particular State, well, then you're very likely subject to that State's adoption of the federal rules, which usually pretty closely mirror, the federal rules, navigating these rules can be tough, particularly when they change that's, why it's important for carriers and drivers to stay on top of regulatory changes, which could impact them.

So in this video I want to briefly run through some of the changes that are slated for 2023.

How do we know what could be changing? Well, the Department of Transportation of which the FMCSA is a park.

Periodically, publishes its regulatory agenda, which details what the various modal agencies like FMCSA are intending to do from a regulatory perspective in the short term.

These agendas are typically pretty good indicators of what's to come.

So let's.

Take a look at some of the most significant changes that are likely to come next year for Highway.

Transportation first up is a potential change to the federal drug testing rules for CDL drivers in a notice published to the Federal Register in February of 2022, the usdot proposed revise its existing drug and alcohol testing rules in 49 CFR part, 40 to among other things, expand the allowable methods for DOT drug testing to include oral fluids as it stands.

Your analysis is the only approved method for conducting dot mandated drug test.

So this rule If It, ultimately passes will ultimately expand the options available to include mouth swabs.

Although the agency proposed this change earlier this year, we've yet to see it actually implemented via a final rule that said, it's possible, the FMCSA could issue a final rule on this topic in 2023.

Okay.

Next up is a potential rule mandating, the installation and the use of speed limiting devices in certain commercial vehicles.

Now, this rulemaking has drawn a lot of criticism this past year for good reason, but it's likely we could see some movement on it in 2023, according to the fmcsa's regulatory agenda, the agency intends to proceed with a motor carrier-based speed, limiter rule making by preparing a supplemental.

Notice of proposed rulemaking to follow up on the National, Highway, Traffic, Safety, administrations or nitzes.

And the fmcsa's jointly issued rule from September of 2016 on this subject, the new rulemaking will address weather motor carriers, operating commercial Motor Vehicles in interstate commerce that weigh more than 26 000 pounds should be equipped with devices governing their maximum speed.

And if so what that speed should be according to the agenda, the agency is slated to tackle this issue in June of 2023.

all right along similar lines.

We could also see some movement in 2023 on automatic emergency braking systems.

This would be another joint rule making between FMCSA and Nitsa, according to its agenda, the FMCSA could propose requiring and standardizing automatic emergency braking systems for heavy trucks, including performance standards and maintenance requirements.

This is a rule making that's slated for the end of January 2023.

Next up are potential revisions to the electronic logging device regulations.

Now this was one of the bigger regulatory surprises from the past year.

And we addressed it in depth in another video.

But in some the agency sought public comments over the past couple of months on potential revisions to its ELD mandate, namely, the agency hinted at potentially doing away with or modifying its existing ELD exemption for older model year trucks.

It also hinted at moving away from a self-certification process and towards a process that would require the agency itself to certify LD.

Devices importantly, these types of changes are in the very early stages for now.

The agency is just soliciting comments from the public on this topic, depending on the feedback it receives.

We could see some rule making on this topic in 2023, but it's certainly not guaranteed.

Okay.

Next up on the list are potential revisions to the fmcsa's, new entrant safety assurance program.

Now this is a program that requires all newly registered motor carriers to undergo a mandatory safety audit within the first 12 months of operations.

This program has been in place and has remained relatively unchanged for the past several years.

However, according to the fmcsa's regulatory agenda, the agency is contemplating rulemaking that could mandate new entrants to demonstrate.

They are knowledgeable about applicable safety requirements before they are granted.

New entrant, Authority more specifically.

The agency is considering whether to implement a proficiency examination as part of its revised, new entrance safety assurance process as well as other Alternatives next up.

The FMCSA may consider changes to its safety Fitness determination or safety rating process in 2023.

Now, this process has been in place for more than a decade at this point.

And it essentially dictates the manner in which the agency rates motor carriers, compliance efforts through audits.

There are currently three available safety ratings for carriers that have been through an FMCSA audit, which are satisfactory conditional and unsatisfactory.

These ratings are critical data points for carriers, because they significantly influence insurance premiums and customer relationships.

And they could even lead to fleet-wide shutdowns.

According to its regulatory agenda, the FMCSA will be seeking information in 2023 on how.

It might use data and resources more effectively to identify unfit motor carriers and to remove them from the nation's roadways FMCSA would seek public comment on the use of available safety data, including inspection data and determining carrier Fitness to operate.

The agency would also seek public input on possible changes to the current three-tier safety Fitness rating structure.

The action would also include a review of the list of federal motor care safety regulations that the agency uses in its safety Fitness rating methodology.

Okay, lastly, the agency will likely be publishing.

Rules.

Pertaining to autonomous vehicles in 20.

A23 in mid-2019.

The agency requested public comments on the portions of the Federal.

Motor Carrier safety regulations that may require updates or modifications to facilitate the safe.

Introduction of automated.

Driving system equipped.

Cmvs according to its agenda.

Fmcsa plans to push forward with a notice of proposed rulemaking to make these necessary.

Changes in January of 2023.

All right.

That's going to wrap things up for this video.

If you have any questions about any pending, FMCSA rule makings, or how proposed changes may impact your operations, please feel free to get in touch with us through our website at trucksafe.com.

And for even more in-depth information about these types of regulatory topics, be sure to check out our Innovative, online, compliance courses for safety managers and for drivers over at trucksafeacademy.com.

Lastly, be sure to check out our detailed, compliance articles and follow us on our various social media Pages for the latest Highway, Transportation news and Analysis.

Thanks for watching foreign.