Secretary of Transportation Sean P. Duffy recently announced 52 deregulatory actions across the Federal Highway Administration, Federal Motor Carrier Safety Administration, and National Highway Traffic Safety Administration. According to Duffy, the deregulatory package will rescind, withdraw, or amend regulations that do not enhance safety.
“Big government has been a big failure. Under President Trump’s leadership, my department is slashing duplicative and outdated regulations that are unnecessarily burdensome, waste taxpayer dollars, and fail to ensure safety,” said Duffy. “These are common-sense changes that will help us build a more efficient government that better reflects the needs of the American people.”
These deregulatory actions primarily target “redundant” and “decade-old rules” that have “no real-life application.” This includes cutting duplicative provisions at FHWA for construction contracts and axing an “outdated” rule under FMCSA, which requires a paper copy of an ELD’s operator’s manual even when it can be found online. Another FMCSA change would ensure military technicians, who undergo rigorous military driver trainings, are not “burdened” by duplicative civilian commercial driver’s license requirements when operating commercial trucks for military purposes.
Of the 52 deregulatory actions, 43 are at the Notice Proposed Rulemaking stage, seven are final rules, and two are withdrawals of rulemaking actions. Below are the changes that will affect the trucking industry.
Several trailer-related changes made the list.
Rescinded FMCSA regulations
- Parts and Accessories Necessary for Safe Operation; Certification and Labeling Requirements for Rear Impact Protection Guards: FMCSA proposes to amend the Federal Motor Carrier Safety Regulations to rescind the requirement that the rear impact guard be permanently marked or labeled with a certification from the impact guard manufacturer as required by the National Highway Traffic Safety Administration’s applicable Federal Motor Vehicle Safety Standard. The certification label or marking provides motor carriers purchasing new trailers or new impact guards to replace damaged devices with a means to determine whether the equipment is certified as meeting the FMVSS. However, the labeling or marking requirement has proven problematic for motor carriers when the label or marking becomes illegible or wears off during the trailer's or guard's service life. This proposal would eliminate the regulatory burden on motor carriers without affecting the applicable FMVSS. The proposal would also rescind a guidance document about illegible, incomplete, or missing rear impact guard certification labels. [NOTE: FMCSA in December 2024 issued guidance advising that an illegible, incomplete, or missing certification label will not be considered a violation of FMVSS No. 223. This effectively instructs enforcement officers to focus on the guard’s physical requirements— width, height, and structural integrity—rather than the condition of the label.]
- Parts and Accessories Necessary for Safe Operation; Retroreflective Sheeting on Semitrailers and Trailers: FMCSA proposes to rescind the requirements for retroreflective sheeting on semitrailers and trailers manufactured before December 1, 1993, which is the compliance date for the National Highway Traffic Safety Administration’s conspicuity rules applicable to trailer manufacturers. The Federal Highway Administration adopted the retrofitting requirements on March 31, 1999, and require that motor carriers engaged in interstate commerce install retroreflective tape or reflex reflectors on the sides and rear of semitrailers and trailers that were manufactured before December 1, 1993, have an overall width of 2,032 mm (80 inches) or more, and a gross vehicle weight rating of 4,536 kg (10,001 pounds) or more. With the passage of more than 30 years since the NHTSA requirements were implemented, FMCSA believes the vast majority of trailers currently in use on the Nation’s highways were manufactured after 1993, so the retrofitting rule is no longer necessary.
Amended FMCSA regulations
- Parts and Accessories Necessary for Safe Operation; License Plate Lamps: FMCSA proposes to provide an exception from the lamp and reflective device requirements for license plate lamps on the rear of truck tractors while towing a trailer.