Latest news with #FederalMotorCarrierSafetyAdministration
Yahoo
2 days ago
- Business
- Yahoo
DOT's deregulation barrage raises compliance concerns for trucking
WASHINGTON — The axing of dozens of regulations this week by the U.S. Department of Transportation has raised concerns from trucking industry experts concerned about compliance and safety. While the majority of the 52 deregulatory actions affecting the Federal Motor Carrier Safety Administration, the National Highway Traffic Safety Administration and the Federal Highway Administration provide 60-day comment periods to allow for public protest, most if not all will likely be taken off the books. 'Big government has been a big failure,' said Transportation Secretary Sean Duffy, commenting on the changes in a press statement on Thursday. 'Under President Trump's leadership, my department is slashing duplicative and outdated regulations that are unnecessarily burdensome, waste taxpayer dollars, and fail to ensure safety. These are common sense changes that will help us build a more efficient government that better reflects the needs of the American people.' Of the 20 actions taken at FMCSA, two are final rules and 18 are proposed rules that would either amend or rescind current regulations. P. Sean Garney, a trucking regulatory expert and co-director at Scopelitis Transportation Consulting, singled out several of FMCSA's deregulatory actions for potential compliance issues. For example, while Garney considers reasonable a proposal to eliminate a requirement that truck drivers keep a hard copy of the truck's electronic logging device user manual on board, 'what's a little tricky and what carriers will need to take note of if these are finalized as written is that it only applies to the user manual,' he told FreightWaves in an email. 'Drivers are still required to carry (or store electronically) the instructions for how to transfer data at roadside and the instruction sheet for how to deal with a malfunction, not to mention blank logs. It'll be important for motor carriers to make sure drivers have access to it either way. It's like your car user manual, you don't need it until you need it.' FMCSA also proposes revising a requirement that motor carriers and intermodal equipment providers sign and return a completed roadside inspection form to their issuing state agency. Because not all states require that they be returned, FMCSA wants the form-return requirement to apply only to carriers obligated to do so by their state – and that could be a problem, Garney cautioned. 'While many states do not require these inspection reports to be signed and returned … others still require them,' he said. 'If removing the requirement is the best course of action, I wish FMCSA would have pulled the trigger for all states, rather than leave us guessing on who requires it be returned and who doesn't. Figuring this out and adhering to it is a burden.' FMCSA's proposal to rescind a manufacture certification label requirement for rear impact guards on truck trailers has a potential enforcement issue lurking, according to Garney. Motor carriers have balked at the requirement because the labels can become worn and illegible. 'What's interesting about this one is that this notice is just half the story,' he said. 'Removing this from [FMCSA's regulations] will help out carriers at roadside as inspectors won't be able to write the violation … but the requirement still lives in the Federal Motor Vehicle Safety Standards, which are controlled by NHTSA.' In the event of a failure of a rear guard that has a worn label, 'who will be left holding the bag? Who's in charge here?' The list of deregulatory actions at FMCSA has raised red flags at the Truck Safety Coalition, which advocates for truck crash victims and their families. 'Certainly time has rendered some regulations obsolete,' acknowledged TSC Executive Director Zach Cahalan in an email to FreightWaves. However, 'TSC remains concerned FMCSA is rushing to fulfill campaign pledges and failing to uphold its historically high burden to prove any deregulatory changes will not adversely impact safety.' As an example, Cahalan pointed to FMCSA's proposal to rescind a regulation requiring retroreflective sheeting on semitrailers and trailers (which improves their visibility at night) manufactured before 1993. 'FMCSA declares 'it believes' trailers manufactured prior to 1993 are not in use, but fails to quantify this assertion in any way, shape, or form,' he said. Regarding eliminating the ELD manual requirement, 'it's probably a good idea to keep ELD manuals in rigs as there is no reason to believe all drivers receive sufficient training in their use and operation, something our victims can tragically attest to.' He emphasized that driver fatigue – which the ELD mandate is supposed to help address – 'remains a chronic problem in the industry and is frequently cited by the NTSB as a contributor in most truck crashes.' DOT takes heat for drug testing certification delays Lawmakers look at expanding FMCSA's power to rein in cargo theft Trump's NHTSA nominee raises concerns among truck safety advocates Click for more FreightWaves articles by John Gallagher. The post DOT's deregulation barrage raises compliance concerns for trucking appeared first on FreightWaves.
Yahoo
2 days ago
- Business
- Yahoo
Freight Fraud and Cargo Theft: The Epidemic Nobody Wants to Talk About
In the trucking industry, fraud and cargo theft are full-blown crises. Maybe this isn't Bonanno, Colombo, Gambino, Genovese and Lucchese-level organized crime, but make no mistake, organized crime exploits vulnerabilities in our supply chains and it's impacting everyone from small carriers to global shippers. We delve into the realities of freight fraud, the effectiveness of recent Federal Motor Carrier Safety Administration identity checks and how industry initiatives like Transportation Worker Identification Credential (TWIC) verification and the Freight Fraud Task Force are reshaping the fight against these crimes. At its simplest, freight fraud is a deception involving carriers, brokers or shippers to steal freight, money or even company identities. Common tactics include double brokering, where fraudulent brokers rebook freight without authorization, often leaving carriers unpaid, and carrier identity theft, in which scammers use legitimate carrier credentials, including MC or DOT numbers, to book and steal freight. Legitimate carriers suffer twice, losing income and getting saddled with compliance violations they didn't commit or lawsuits they had no involvement in. Cargo theft has become sophisticated. Criminal groups arrange fake pickups using forged paperwork, forged credentials and counterfeit identification. Recently, authorities in Los Angeles County alone recovered over $1.3 million in stolen merchandise, ranging from electric bikes and Sony TVs to beauty products and electronics, emphasizing how lucrative and widespread these crimes have become. Part of the blame lies with the agency designed to prevent it, the FMCSA. Existing laws such as MAP-21 (2012) explicitly require the FMCSA to vet brokers thoroughly, yet these requirements, like mandatory knowledge tests and documented experience, remain largely unenforced. Today, anyone with roughly $1,500 (a $300 FMCSA fee, $1,000 down on a surety bond and minimal administrative costs) can become a broker. This ease of entry allows fraudulent brokers to scam shippers, pocket cash and disappear overnight. The FMCSA's own data systems are notoriously muddy and inadequate in highlighting fraudulent activity or clearly detailing limited authority for carriers, especially enterprise carriers, which frequently operate beyond their permitted scope. Recognizing these vulnerabilities, the FMCSA began implementing stringent measures in April to tighten identity verification. Working with Idemia, the FMCSA introduced mandatory facial recognition and government-issued ID checks for all new motor carrier applicants. The immediate impact of this initiative was significant. According to data from CarrierOK, the filed-to-published application approval rate, previously around 60%-65%, plummeted dramatically to roughly 30% after the verification rollout. This sudden drop might mean that the new ID checks are successfully weeding out fraudulent or incomplete applications before they even reach public review, or the agency is so slow in processing applications because of a lack of resources that it's miring down the process. Although the number of total filings remains steady, the sharp decline in published approvals might indicate a crackdown effect, clearly demonstrating that tighter identity controls are effectively curbing fraud at the entry point. Notice I said 'might.' The industry isn't just standing by. It's tired of the crazy. Solutions are emerging to tackle freight fraud proactively, led by innovative platforms like FreightValidate. Founder Dale Prax and partners John Cantera, Jeff Dickinson, Bill Robinson, Claudia Atletts and others (including myself) have established or are part of the Freight Fraud Task Force Inc, to curb industry fraud through education, audits, best practices and accountability at every level. FreightValidate's partnership with AU10TIX has introduced powerful, yet user-friendly verification tools. In under 90 seconds, carriers, drivers and brokers can complete facial recognition and real-time ID checks on any mobile device. This rapid validation ensures that the people handling the freight are exactly who they claim to be, dramatically reducing fraud opportunities before the truck arrives at the loading dock. I have long advocated for a cyberphysical approach to logistics fraud. A year or so ago, I wrote an article on a model for mitigating double brokering through integrated technologies. Leverage blockchain, smart contracts, digital identity verification and real-time tracking to build a trust-driven freight system. I even name-dropped Rich Mason, president and Chief Security Officer at Critical Infrastructure and Chief Information Security Officer (CISO) legend, to hopefully draw him into this good time. The idea centers on a blockchain-based reputation system, where carriers, brokers and shippers earn scores based on performance, disputes and reliability. Smart contracts would lock in terms and trigger updates on the blockchain with each completed task. Verified digital identities, powered by facial recognition or biometrics, would restrict access to only authenticated users. Internet-of-things-based shipment tracking and AI-driven analytics could enhance this digital fortress to flag fraud patterns before a single invoice is sent. I believe that fighting fraud requires cybersecurity-level thinking. At the end of the day, our only solution is a solid cybersecurity program and some good CISOs to put it all together for us mere layman transportation folk. Ironically, FMCSA recently launched a costly facial recognition partnership with Idemia. Why spend millions on new systems when we already have proven verification mechanisms with a criminal background element like the Transportation Worker Identification Credential (TWIC)? What sense does that make? Not much, but maybe the issue is we have such a revolving door at the federal agency that the people running the FMCSA aren't familiar enough with the supply chain to know what we have and what we don't or how to use it practically. TWIC, used extensively in ports, provides biometric verification and comprehensive background checks that go beyond simple identity confirmation. Implementing TWIC requirements for brokers and carriers would significantly strengthen vetting, ensuring that criminals don't just find new ways around superficial security measures. An extra $125 added to the FMCSA's application fee could cover these deeper screenings, bringing significant ROI in fraud prevention without burdening taxpayers. The Freight Fraud Task Force emphasizes practical, actionable steps over mere technology deployment. Real-time, in-person carrier audits at loading docks, comprehensive fraud-awareness training and best practices education form the backbone of its strategy. Companies are encouraged to actively participate, share information and implement robust anti-fraud measures in-house. The Task Force's Risk Assessment Audit Program provides audits, tailored training and certifications to proactively catch fraud early. The mantra here isn't cleanup after the theft, it's prevention before the crime happens. Ultimately, meaningful change requires industrywide accountability and governmental enforcement. As long as laws remain unenforced, cargo theft and fraud will persist, inflating consumer costs and damaging reputable carriers and brokers. FMCSA and the Department of Transportation need to commit fully to vetting carriers, brokers and shippers, enforcing existing laws and cooperating closely with private initiatives that are already making significant strides. The time to act isn't tomorrow, it's now. The freight industry's future, its integrity and its profitability depend on stopping fraud and theft before they happen. Industry leaders, tech innovators, regulators and carriers must unite under a common mission: protecting the lifeblood of our economy by finally enforcing the accountability and integrity this industry deserves. The post Freight Fraud and Cargo Theft: The Epidemic Nobody Wants to Talk About appeared first on FreightWaves.
Yahoo
3 days ago
- Business
- Yahoo
FMCSA streamlines regulations on truck routing, civil penalties
WASHINGTON — The Federal Motor Carrier Safety Administration is making changes to two truck safety regulations to eliminate potential red tape and improve consistency and clarity for the industry. In a final rule that takes effect on Friday, FMCSA is repealing for-hire motor carrier routing regulations as they relate to serving municipalities and unincorporated communities, according to a notice posted on Tuesday. 'The purpose of this final rule is to remove an outdated regulation … as it no longer accurately reflects the agency's current statutory authority,' FMCSA stated. The motor carrier routing regulation authorizes freight carriers and freight forwarders to serve points within the commercial zones and territorial limits of municipalities and unincorporated communities. However, federal law does not authorize FMCSA to include routing limitations when granting operating authority to U.S.-domiciled motor carriers, the agency stated, which makes the motor carrier routing regulation obsolete. 'This final rule will remove the obsolete regulation thereby streamlining the CFR [Code of Federal Regulations] and eliminating a source of possible confusion for stakeholders.' Final rules issued by FMCSA are routinely preceded by a notice-and-comment period. That will not happen in this case, because 'retaining regulations that are unlawful is plainly contrary to the public interest,' the notice states. 'Agencies thus have ample cause and the legal authority to immediately repeal unlawful regulations. Furthermore, notice-and-comment proceedings are unnecessary where repeal is based purely on legal analysis. For these reasons, FMCSA finds good cause that notice and public comment on this final rule are unnecessary.' In another final rule posted on Tuesday, a civil penalties schedule update, FMCSA is amending its regulations to remove the reference to rules under the Transportation Department's 'Procedures for Transportation Workplace Drug and Alcohol Testing Program' from the agency's civil penalty schedule. 'Instead, the civil penalty schedule will refer solely to the part of the Code of Federal Regulations where this program is incorporated' into the regulations, FMCSA stated. 'Because the rule does not impose any new material requirements or increase compliance obligations, it is issued without prior notice and opportunity for comment.' The agency explained that removing the reference to DOT's drug and alcohol testing procedures will not affect FMCSA's enforcement programs because any recordkeeping violations relating to testing for controlled substances and alcohol would be cited under a different part of the CFR. 'The amendment made in this final rule serves to remove an erroneous reference and to improve clarity for stakeholders,' FMCSA stated. 'It is technical in nature and does not impose any new material requirements or increase compliance obligations.' FMCSA unveils 18 proposed rule changes DOT takes heat for drug testing certification delays Lawmakers look at expanding FMCSA's power to rein in cargo theft Click for more FreightWaves articles by John Gallagher. The post FMCSA streamlines regulations on truck routing, civil penalties appeared first on FreightWaves.
Yahoo
3 days ago
- Business
- Yahoo
The Practical Breakdown: FMCSA's Newest Rule Changes and Proposals
The Federal Motor Carrier Safety Administration pulled the pin and lobbed an 18-rule proposal grenade into the trucking world: two final and the rest open for public comment. If you've only skimmed headlines, you're missing what matters: what changed, why it matters and what drivers, fleets, brokers and compliance managers need to do about it. This is the practical breakdown of what each rule used to require, what it will (or won't) require now and what that means for operations, enforcement and real-world compliance. You'll also find commentary where pause or deeper consideration is warranted, especially regarding rail crossings, hazmat implications and regulatory creep (or relief). What it used to be: Any visit to a medical facility that resulted in an X-ray or imaging study could push an incident into DOT-recordable territory, even if no treatment was actually rendered. What's changing: FMCSA is excluding diagnostic imaging (like X-rays and CT scans) from the definition of 'medical treatment.' Only prescription medications, sutures or interventions beyond diagnostics will count as it matters: This should reduce the number of reportable accidents, easing data inflation on company records. Fleets need to retrain safety staff on the new threshold and ensure reports don't include incidents that no longer qualify. What it used to be: Reserve technicians and certain National Guard personnel were excluded from CDL exemptions granted to active-duty military, despite operating similar CMVs. What's changing: The rule expands exemptions to dual-status military technicians under 10 U.S.C. 10216, bringing them in line with 49 U.S.C. 31305(d). Why it matters: It simplifies operations for military units using civilian CDL-like roles, cuts training costs and aligns FMCSA with the military's needs. It doesn't impact civilian fleets directly, but recruiters and training vendors working with military pipelines should be it used to be: Fleets had to return signed roadside inspection reports to the issuing agency within 15 days, regardless of whether the state actually needed or used them. What's changing: Fleets only return signed reports if the issuing state requests it. You still must correct violations within 15 days and document the fixes. Why it matters: It saves time and paperwork in states that don't process returns. That said, fleets need to stay organized and some states still require returns, so don't treat this as a blanket rule. What it used to be: Under general provisions, driver vehicle inspection reports could technically be electronic, but the rule language still read like pen and paper was the expectation. What's changing: FMCSA explicitly says DVIRs can be created, stored and signed electronically. Why it matters: ELD platforms like Motive already offer electronic DVIRs. This clarity eliminates any question for auditors or enforcement. Fleets using digital systems now have FMCSA's full backing. What it used to be: 395.22(h)(1) required every driver to carry a physical ELD user manual in the cab. What's changing: That requirement is being scrapped. Drivers are still responsible for knowing how to use the ELD, but manuals can live it matters: Less clutter in the cab means less chance of citations for missing booklets. Be sure training is dialed in; inspectors may still quiz your driver on operation. What it used to be: Gravity/siphon-fed auxiliary tanks, even tiny ones used for tools or small motors, had to meet strict Federal Motor Vehicle Safety Standards (FMVSS) fueling requirements. What's changing: Tanks under 5 gallons for nonvehicle purposes (e.g., trailer-mounted equipment) now get a pass. Why it matters: It eliminates costly compliance workarounds for small tool tanks. Think hotshot trailers or construction support units. One fewer nitpick for those setups. What it used to be: Portable conveyors needed braking systems that many pre-2010 units were never designed for. What's changing: FMCSA proposes to exempt certain pre-2010 portable conveyors used in the aggregate industry if they meet other performance and speed limits. Why it matters: It's a practical fix for a narrow segment. It's a small exemption, but it will have a big impact on those affected. What it used to be: Tires had to be marked with load ratings, visible and legible. What's changing: Proposed rule drops this requirement. Why it matters: Fleets can avoid costly tire replacement or downtime over faded markings. The tire's performance still must meet load specs, just not legible proof. What it used to be: CMVs had to carry a spare fuse for every type used in the electrical system. What's changing: FMCSA wants to eliminate that mandate. Why it matters: Trucks using resettable breakers or integrated electronic systems don't need spares. This is another cleanup rule that matches today's hardware. What it used to be: Drivers with long-standing vision issues operated under a waiver program that predated newer physical standards. What's changing: FMCSA proposes ending the 'grandfathered' vision waiver program. Why it matters: Existing drivers must be reevaluated according to modern standards. Fleets should review which drivers may be affected and prepare for the transition. What it used to be: All CMVs had to stop at rail crossings, even if warning systems weren't active. What's changing: The proposed rule allows drivers to proceed without stopping at crossings with inactive signals. Why it matters: On paper, it improves efficiency. In practice? This needs a serious pause. Will it apply to hazmat haulers and buses? Because we've seen an uptick in rail strikes involving CMVs. If this applies across the board, it could increase risk. FMCSA must clarify mode-specific exemptions and driver training requirements. What it used to be: FMCSA regulations still referenced 'water carriers,' a term dating back to Interstate Commerce Commission days. What's changing: They're scrubbing the term. Why it matters: It doesn't. But it's nice to see some regulatory spring cleaning. What it used to be: CDL drivers had to self-report moving violations to their state licensing agency. What's changing: FMCSA proposes to eliminate that self-reporting requirement. Why it matters: States already get violation data electronically. It's one less thing to chase your drivers for and one less technicality for auditors to hang citations on. What it used to be: Rear guards had to carry a label showing FMVSS 223 certification. If it faded, fleets got cited. What's changing: FMCSA wants to remove the labeling requirement. Why it matters: You can't get written up for a missing label anymore, but the guard must still meet strength standards. What it used to be: Fuel tanks couldn't be filled beyond 95% of their stated capacity. What's changing: FMCSA proposes removing that cap for modern tanks with vented caps. Why it matters: Fewer exemption requests and easier fueling but fleets must still prevent spillage due to expansion. What it used to be: Every rear plate, even on truck tractors, needed to be lit. What's changing: The exemption applies where tractor plates are blocked by trailers, making them unreadable anyway. Why it matters: One fewer violation for enforcement to hit drivers with. What it used to be: Flares were on the approved list of emergency devices. What's changing: Liquid-burning flares are being removed. Why it matters: Reflective triangles and modern LEDs are the standard now. This rule is in line with the real world. What it used to be: Pre-1993 trailers had to be retrofitted with retroreflective tape. What's changing: That mandate is gone. Most of those trailers are gone too. Why it matters: Less compliance confusion. Fleets managing older trailers should still verify that visibility is adequate. This is the real work of compliance. Understanding what used to be required, what's changing and how to prepare separates the reactive fleets from the resilient ones. If you're a fleet manager, broker, safety director or driver trying to stay ahead, this is your playbook. These aren't headlines. These ripples turn into waves, and how you respond defines your risk, audits and viability in the year ahead. The post The Practical Breakdown: FMCSA's Newest Rule Changes and Proposals appeared first on FreightWaves.
Yahoo
4 days ago
- Business
- Yahoo
FMCSA unveils 18 proposed rule changes
WASHINGTON — The Federal Motor Carrier Safety Administration is proposing 18 rule changes aimed at simplifying regulatory compliance for truck drivers and motor carriers. According to a list of notices published on Tuesday, the proposed rules, to be formally released on Friday, will have 60-day comment periods. The rules include: Removal of self-reporting requirementFMCSA proposes to revise its regulations requiring commercial driver's license holders to self-report motor vehicle violations to their state. 'With the implementation of the exclusive electronic exchange of violations between state drivers licensing agencies in 2024, self-reporting is no longer necessary.' CDL standards for certain military personnel This rulemaking would allow dual-status military technicians, regardless of whether they are members of either the Reserves or the National Guard, to qualify for the military exception from CDL training requirements. 'FMCSA anticipates that this rulemaking would result in cost savings … by alleviating the need to receive training at a training provider location listed on FMCSA's training provider registry.'Modifying the term 'medical treatment' in accident reporting This rulemaking proposes to revise FMCSA regulations to incorporate 2022 guidance into the definition of an accident. 'A new paragraph would be added to the definition to clarify that medical treatment does not include x-rays or other imaging … and a person who does not receive treatment for diagnosed injuries or other medical intervention directly related to the accident, has not received 'medical treatment.'' Vehicle examination reports In response to a petition from the Commercial Vehicle Safety Alliance, FMCSA proposes to revise the requirement that motor carriers and intermodal equipment providers sign and return a completed roadside inspection form to the issuing state agency. 'FMCSA is aware that not all states review the returned inspection reports and may not require return of the inspection report. This means that in some cases, motor carriers and intermodal equipment providers are completing paperwork and, essentially, sending it into a void. This represents an unreasonable burden.' Electronic driver vehicle inspection reports Based on a public comment filed by the National Tank Truck Carriers, FMCSA proposes to clarify the requirement to complete a driver vehicle inspection report (DVIR).'The DVIR may already be completed electronically, however this [rule] proposes explicit language to make this clear. This will encourage motor carriers and drivers to utilize electronic, cost-saving methods when completing DVIRs.' Rescinding the requirement on ELD operator's manual FMCSA proposes to amend the requirement that electronic logging device manuals be kept in the truck. 'There is no readily apparent benefit to continuing to require that the users' manual be in the CMV. This proposal would eliminate an unintended regulatory burden on motor carriers without compromising safety.' Railroad grade crossing requirement Currently, drivers transporting certain hazardous materials are required to stop before crossing a railroad track unless an exception applies, such as when the crossing is controlled by a functioning highway traffic signal transmitting a green indication. The agency proposes to add a similar exception for a railroad grade crossing equipped with an active warning device that is not in an activated state – for example, flashing lights or crossing gates down indicating the arrival of a train. Removing obsolete references to 'water carriers' FMCSA proposes to remove all obsolete references to 'water carriers' in the FMCSA regulations (FMCSRs). 'FMCSA does not specifically regulate water carriers except to the extent that such carriers also engage in motor carrier operations. In such cases, the existing FMCSRs provide appropriate coverage of the carrier's motor carrier operations.' In addition to the above proposed rules, FMCSA is planning on proposed rules affecting 'parts and accessories necessary for safe operation,' including: Auxiliary fuel tanks Brakes on portable conveyors Certification and labeling requirements for rear-impact protection guards Fuel tank overfill restriction License plate lamps Liquid-burning flares Retroreflective sheeting on semitrailers and trailers Tire load markings Spare fuses Lawmakers look at expanding FMCSA's power to rein in cargo theft Bill would force FMCSA to back off truck speed controls FMCSA makes up to $90M available in FY2025 grants Click for more FreightWaves articles by John Gallagher. The post FMCSA unveils 18 proposed rule changes appeared first on FreightWaves.
