The Federal Motor Carrier Safety Administration will be proposing new rules in 2022 affecting ELDs, automatic emergency braking (AEB) systems and roadside inspections, according to the Office of Management and Budget.
The Biden administration’s latest agenda on regulatory and deregulatory actions published Friday included four proposals that are currently in the pre-rule stage at FMCSA, with formal notices scheduled to be issued between March and June next year.
Among the planned proposed rules: potential changes to the ELD rule that went into effect in stages between 2016 and 2019.
“Many lessons have been learned by FMCSA staff, state enforcement personnel, ELD vendors and industry in the intervening years,” a summary of the proposal states. “These lessons can be used to streamline and improve the clarity of the regulatory text and ELD specifications and answer recurring questions.
“Additionally, there are technical modifications responsive to concerns raised by affected parties that could improve the usability of ELDs. FMCSA is seeking information to determine what changes would be warranted.”
A major concern raised by small-business owner-operators when the rule was being written was whether requiring ELD equipment in trucks, which are meant to improve compliance with hours of service rules, would lead to driver harassment by fleet owners.
The results of a member survey conducted by the Owner-Operator Independent Drivers Association released in February 2019 found that a common theme among drivers on the effects of ELDs was “feeling rushed to take breaks when they do not need them and forced to drive when they would rather take a break” since the rule went into effect.
Watch: ELD tampering in Canada (10/26/21)
“Others felt harassed by the device itself, stating that they are unable to make even the smallest of mistakes,” according to the survey. “Conversely, a few members experienced less harassment, stating that carriers and shippers were no longer pressuring them to make unrealistic delivery schedules and that they were better equipped to document hours sitting in detention.”
In another pre-rule being prepared by FMCSA, the agency will be seeking “information and comment” on the maintenance and operation of AEBs. The proposed rule will support an affiliated rule to be proposed next year by the National Highway Traffic Safety Administration to require and/or standardize AEB equipment performance on heavy trucks.
“NHTSA is planning a date of April 2022 for their AEB” rulemaking proposal, according to OMB, “therefore, FMCSA would issue this [advance notice] shortly after.”
In March, FMCSA also plans to gather information on how it can more effectively identify “unfit” trucking companies “and remove them from the nation’s roadways,” according to OMB.
“FMCSA would seek public comment about the use of available safety data, including inspection data, in determining carrier fitness to operate,” as well as looking at possible changes to the current three-tier safety fitness rating structure (satisfactory, conditional and unsatisfactory).
In addition, to improve how law enforcement can “target their efforts at high-risk operators,” FMCSA will be seeking public comment on amending regulations to require every truck operating in interstate commerce to be equipped with an electronic device that would transmit a unique identification number when queried by a roadside system.
The proposed rulemaking, which is scheduled for June, is in response to a petition from the Commercial Vehicle Safety Alliance. The proposed rule could also potentially help improve the effectiveness of roadside inspections, OMB stated.
Cris
It is very simple to figure out; This device they will install in all vehicles will force out most small buisnesses Owner/Operators. This is Governement Tyranny, like everything else they have been forcing down Americans throats.
Jay
This is all bs leave the truckers alone period!
Novak
And nothing about brokers that are skining us alive, ELD is a crap that is forcing us when shipper or risiver slack to drive during night and sleep on day, I had that all last week f…..g shipper loaded me for 8h and I was forced to drive all night and all week was like that becouse I had appointments that cannot be moved, so stopping at noon not sleeping all day and then drive all night, in Friday I was tired enough that I could kill someone easy…..GET RID OF THAT TRASH ELD
Darnell
There are to many rules that their putting in place andnifs not going to do any good its going to do more harm then good. The people that are putting these rules in place are set for life from our money and playing daddy with the country. If they keep putting more and more rules were headed for another great depression. Giving away money makes people quit jobs including driving which in fluxes the price of everything else im sorry Joe but u doing to much the number one rule in business is the kiss method. Keep it simple stupid
Marshall small
I understand the need for some regulation in this industry , due to the use of drugs and alcohol…. HOWEVER…. The FOCUS of the Regulatory Commission should be AIMED at the SHIPPER and RECEIVER Community as well…. After All…. THEY are TRULEY the groups who dictate ANY Carriers Hours Of Service….. Their lack of Sensitivity to the Driver’s Time Restraints are Wide Spread , and their Inability to Honor and Execute at Appoinment Times , is well documented , and Spoken of Frequently amongst many Drivers….. M
MaryAnn Tomic
This is so true. If the shippers and receivers would start having to pay fines for their cruel brutality, it will be best day ever.
Steven C. Maddock
To me ELD is the worst thing that ever happened to the industry. Guys running 80 mph trying to get all the miles they can. Pulling over on side of road with blinkers on taking their half hour break flip on signal and pull back on road never looking in mirror. Where the hell are all the state police no enforcement what so ever.
Gail Marie Morra
Mayor bootlike now in charge of transportation is a dodo dope. Good luck trying to erase anything on psp they refuse to acknowledge supportive paperwork. disgusted with micromanagement from dispatchers treating experienced drivers like children. Always trying to tell you drive now eventhough it’s rush hour. If you stop to view or take a small detour to a decent truckstop, the want to know why or what your doing. Sure they may have a nice truck doesn’t change how they treat drivers. Getting home a joke want driver to take a 34 reset for home time. Really? How is a driver suppose to relax knowing he still has that clock on his back. Good luck trying to find a job with manual trucks. Wiped out with stupid automatics. Disgusted
Frank
Jamboo trucking looking for drivers email: [email protected]
David
The last thing us drivers need is more regulation and government involvement. I can understand enforcement of ELD regardless of if I agree with it or not, but to continue to add regulation after regulation is not an answer.