Rounding Up Recent FMCSA Regulatory Developments
This autumn is just a month old, and it’s already been a highly eventful season. Two major hurricanes made landfall in the Southeast, upending lives, crucial roads, and the freight market. Meanwhile, what could be the closest presidential election in almost a quarter-century is entering the final days of the campaign, and the outcome could have a big impact on how the industry plans for the future.
So, it’s perfectly understandable if you’ve been occupied and haven’t been following the latest regulatory items from the Federal Motor Carrier Safety Administration (FMCSA). This blog will offer a roundup of the most relevant recent developments from the FMCSA.
Registration overhaul
Cargo theft has skyrocketed recently, and one major reason has been because of double brokers and other fraudsters purchasing or stealing registered motor carrier (MC) numbers that have a good reputation with shippers and can pass through basic carrier vetting software.
In response to the fraud and MC number epidemics, the FMCSA is launching a new registration system that will be rolled out in phases starting in early 2025.
The agency says that its goal with the new registration system “is to simplify the registration process, streamline identification, improve the user experience, and incorporate enhanced verification tools.”
In other words, the new system will make sure that only reputable actors connected to a reputable carrier or broker will have access. Additionally, the changes will end the use of MC numbers, with USDOT numbers becoming the main way to identify a company.
Already, the FMCSA reports making progress on bad actors and invalid registrations through a registration fraud team. It says that it has contracts in place to vet every carrier and broker currently in its database and may gain more enforcement power through Congress.
New rules on driver drug violations are coming into effect
A new FMCSA rule, effective Nov. 18, will require state driver licensing agencies to downgrade the license of commercial drivers who fail drug or alcohol tests and are placed in prohibited driving status. This is part of FMCSA’s Drug & Alcohol Clearinghouse II regulation.
This rulemaking comes into effect a few months after some mild confusion about if cannabis would still be on the federal Department of Transportation’s tested substances list following the Biden administration’s proposed rescheduling of marijuana from a Class I to a Class III drug.
The rule mandates that states record CDL downgrades within 60 days to prevent drivers from continuing to operate a vehicle following the violation(s). Drivers must complete a return-to-duty process to restore their license, which includes substance abuse evaluation and testing. States will be subject to compliance checks with the new regulation and may face funding penalties for non-compliance.
A trial of new brake lights on trucks?
The FMCSA has approved a five-year exemption for several carriers to use Intellistop’s pulsing brake lamps on a limited number of trucks, despite previously rejecting the exemption in 2022. These lamps pulse when braking, potentially reducing rear-end collisions.
The Intellistop module pulses the rear clearance, identification, and brake lamps, cycling from low to high intensity four times in two seconds when braking. Afterward, the lights return to a steady state while the brakes are applied.
This exemption allows for data collection to assess the potential safety benefits of the pulsing lights on a small fleet of trucks.
Although federal rules mandate steady-burning brake lights, the FMCSA concluded that this exemption could enhance safety. However, the Transportation Safety Equipment Institute opposes the move, advocating for formal regulations and consistent standards across all vehicles.
It pays to be informed
As we move forward into the final months of the year, it’s important to stay aware of these FMCSA updates, which will have impacts on the trucking and freight industry.
From a revamped registration system aimed at fighting fraud, to stricter drug violation rules for drivers, and even new brake light technology under trial, these developments reflect the FMCSA’s commitment to enhancing safety and compliance. Staying informed of these changes will help brokers and carriers adapt and maintain operational efficiency in a constantly evolving regulatory landscape.