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October 2022 Significant Rulemaking Report
Mariah Barr
5 mins read

What’s happening in the world of the FMCSA? Find out the most recent proposals and how Foley compliance programs can help you navigate them.

Even though it’s Halloween and you may be looking over your shoulder for all things scary, we assure you that these regulation changes and updates from the Federal Motor Carrier Safety Administration (FMCSA) will keep you and your drivers out of harm’s way.

The latest FMCSA Significant Rulemaking Report included a few noteworthy proposals, including the following:

  • Developing a plan to safely introduce commercial motor vehicles (CMVs) with automated driving systems (ADS), especially as adverse driving conditions could increase in the coming months
  • Requiring automatic emergency braking (AEB) systems on heavy trucks
  • Improving the use of existing data to remove unsafe motor carriers from the road
  • Determining the effectiveness of driver employment applications

Safe Integration of Commercial Motor Vehicles with Automated Driving Systems

FMCSA proposes to amend certain Federal Motor Carrier Safety Regulations (FMCSRs) to ensure CMVs with ADS are safely introduced onto the roadways we share. This is especially important as the winter season is approaching, with adverse driving conditions in the near future for many of us.

The agency recognizes there are major differences between human-operated CMVs and those with ADs, which means they should be regulated appropriately. FMCSA is prioritizing safe and secure changes to the operation, inspection, repair, and maintenance regulations surrounding CMVs with these systems.

These regulations are expected to be published on January 18, 2023.

Seeking Comments on Automatic Emergency Braking Systems Requirement

Joining forces with the National Highway Traffic Safety Administration (NHTSA), the FMCSA is looking for public comments on a proposal to require and/or standardize equipment performance for automatic emergency braking (AEB) systems on heavy trucks. AEB systems have been shown to reduce front impact crash rates by 27%.

Expected to be publicized on January 30, 2023, the rulemaking should propose performance standards and motor carrier maintenance requirements for AEB systems on heavy trucks and procedures for measuring the performance of the AEB systems in NHTSA compliance testing.

Identifying & Removing Unsafe Motor Carriers from Roadways

FMCSA is seeking information on how to use existing data and resources to pinpoint and remove unfit motor carriers from our roadways.

Starting January 30, the FMCSA will seek comments from the public on how to leverage available safety data, including inspection data, in determining if carriers should be permitted to continue to operate. The agency is also looking for input on potential changes to the current three-tier safety fitness rating structure (if you need a refresher course on safety ratings, we’ve covered them here).

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In the process, the agency may also reconsider which regulations should be used to determine a motor carrier’s safety rating. We’ll keep you updated on this proposal and provide all the Foley compliance resources you need to maintain your satisfactory safety rating.

Considering the Effectiveness of Employment Applications

With paperwork burdens in mind, the FMCSA is considering how the requirement to have prospective drivers complete an employment application could be improved or potentially eliminated. The FMCSA may request comments on how valuable these applications are to employers in the coming months.

The expected publication date and next steps related to this proposal are not available at this time. As of now, candidates are still required to complete a DOT-compliant application, like Foley’s.

Stay in the Know on All Things Federal & Foley Compliance

If you want to see what else is happening at the FMCSA, and what other rulemakings are on the horizon, you can check out the Significant Rulemaking Report here. You can also stay tuned for our monthly federal rulemaking wrap-up right here on the Foley blog!

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