The Federal Motor Carrier Safety Administration is withdrawing a notice of proposed rulemaking that would have required motor carriers operating in interstate commerce to have all vehicles display certification that all Federal Motor Vehicle Safety Standards (FMVSS) in effect at the time the vehicles were manufactured were met.
FMCSA said it withdrew the proposed rule “because commenters raised substantive issues which have led the agency to conclude that it would be inappropriate to move forward with a final rule based on the proposal.” The agency added that it determined it can ensure carriers maintain the safety equipment and features in the FMVSS by enforcing current regulations, making an additional regulation unnecessary.
Only two commenters out of 19 supported the NPRM, according to FMCSA – one being the Commercial Vehicle Safety Alliance.
The other 17 commenters, among them the American Trucking Associations, the Truckload Carriers Association, the Owner-Operator Independent Drivers Association and the Truck and Engine Manufacturers Association, opposed the NPRM.
FMCSA said commenters opposed the proposed rule for the following reasons:
•The rule would provide no safety benefits.
•FMVSS markings, particularly on trailers, are subject to damage, over-painting and loss over the life of the vehicle. No certification marking is permanent.
•Many of the manufacturers have gone out of business, been purchased or are overseas, which could make it difficult to get a replacement.
•The rule would impose significant costs on carriers, which FMCSA didn’t estimate.
•The National Transportation Safety Board recommendation that the proposal was based resulted from a bus crash that was unrelated to the standards in which the bus was manufactured.