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Thursday, May 13, 2021

FMCSA Pulls Pending Rule

The Federal Motor Carrier Safety Administration has decided not to follow up on plans to require commercial motor vehicles to display a label documenting the vehicle’s compliance with all applicable Federal Motor Vehicle Safety Standards. The agency withdrew its June 17, 2015, notice of proposed rule-making earlier this week.

“Because the FMVSSs critical to the operational safety of CMVs are cross-referenced in the Federal Motor Carrier Safety Regulations (FMCSRSs), FMCSA has determined that is can most effectively ensure that motor carriers maintain the safety equipment and features provided by the FMVSSs through enforcement of the FMCSRs, making an additional FMVSS certification label regulation unnecessary,” states a notice posted in the Federal Register.

The proposed rule was based on a recommendation by the National Highway Traffic Safety Administration that a label serve as proof a vehicle met all applicable FMVSSs in effect at the time it was manufactured.

Seventeen of the 19 comments submitted in response to the proposed rule were negative. The American Trucking Associations, the Truckload Carriers Association and the Owner-Operator Independent Drivers Association were among groups that submitted comments opposing the rule. Problems identified included additional cost to motor carriers, administrative difficulties when equipment manufacturers have gone out of business and a lack of safety benefits.

“An FMVSS label certifying compliance with performance standards applicable to lights, brakes and other wear items does not ensure real-world safety in the absence of compliance with the operational and maintenance standards imposed by the FMCSRs, especially in the case of vehicles built many years ago,” concluded the FMCSA in its notice of withdrawal.