In a letter responding to the FMCSA’s draft of its 2011-2016 strategic plan, the groups express concerns over FMCSA’s potential regulation, and ultimately an overreach, into the operations of shippers.
NASSTRAC said while it continues to support increased safety on the nation’s highway, it strongly opposes FMCSA plans to seek authority from Congress to regulate shippers, receivers, brokers and freight forwarders.
“Clearly, our marketplace has no need for, nor would it benefit from, a massive expansion of FMCSA regulation,” said John Cutler, NASSTRAC’s legal counsel.
The letter said the draft strategic plan proposes such an expansion through its goal of “focusing outreach, oversight and enforcement resources on the entire CMV (commercial motor vehicle) transportation life cycle.”
NASSTRAC emphasizes that FMCSA identifies “all the entities that control or influence the operation of CMVs, including all parties involved in the transport and logistics supply chain” as potential targets of FMCSA regulation.
“FMCSA apparently recognizes that its current jurisdiction is not so broad,” NASSTRAC said. “FMCSA’s response is not to accomplish more with the authority it has, but to ask Congress to allow it to regulate millions of additional U.S. businesses.”
It said FMCSA’s proposed plan states its goal as making safety a priority within the CMV transportation life cycle, but also notes other societal goals to include security, hazardous materials safety, consumer protection, and other DOT objectives.
“Yet it’s remarkable that FMCSA doesn’t identify the timely, dependable and cost-effective transportation of goods between businesses and from businesses to consumers as part of its goals,” Cutler said. “This is the fundamental reason we have a trucking industry. To the extent that excessive regulation undermines this goal, motor carriers, their customers, consumers and the economy will be served poorly. Costs would far exceed benefits if FMCSA regulation were extended to shippers, receivers and intermediaries.
“Apparently FMCSA is asking Congress to give it authorization to regulate shippers, receivers, brokers and freight forwarders based on the premise that highway safety is not affected solely by motor carriers and truck drivers,” Cutler said. “This premise is unexceptionable. Both NASSTRAC and HPCLC use this filing to make their point that they do not believe regulation of shippers, receivers and intermediaries is either necessary or desirable.”
