DOT set to eliminate speed limiter proposal, keep pre-2000 ELD exemption in place

The moves were part of a raft of actions Secretary Sean Duffy announced Friday, also including tests of hours flexibility enhancements.

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U.S. Transportation Secretary Sean Duffy on Friday unveiled a package of new initiatives, pilot programs and regulatory updates intended to improve the lives of American truck drivers, according to the update. The initiatives included: 

  • Expanded funding for truck parking
  • Commitment to maintaining the pre-2000 engine exemption from compliance with the ELD mandate
  • Formal withdrawal of the Federal Motor Carrier Safety Administration’s speed limiter mandate proposal
  • Pilot programs to test potential new hours of service flexibilities
  • Commitment to tackling double brokering and other freight fraud

The Department of Transportation's announcement followed up on President Donald Trump’s trucking-related executive order that, among other requirements like the recent return of English language violations to the out-of-service criteria, directed DOT to “identify and begin carrying out additional administrative, regulatory, or enforcement actions to improve the working conditions of America’s truck drivers.”

The package notes DOT is set to deliver more than $275 million in grant funding to expand parking access for truck drivers nationwide. This includes $180 million for Florida to add 917 new truck parking spaces along the I-4 corridor in Volusia, Seminole, and Osceola Counties. 

[Related: Trump executive order: Truck drivers must speak English]

“Truckers keep America running,” Duffy said. “While the country sleeps, truckers grind through the night to help keep shelves stocked, families fed, and businesses humming. It’s a job that requires grit and dedication. But for too long Washington, D.C., has made work harder for truckers. That ends today. Thanks to President Trump, we’re getting Washington out of your trucks and your business.”

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In addition to parking funding, FMCSA and the National Highway Traffic Safety Administration (NHTSA) are withdrawing a joint rulemaking that proposed to require speed-limiting devices on heavy vehicles. “This decision respects the professionalism of drivers and acknowledges the proposed rulemaking lacked a sufficiently clear and compelling safety justification,” a fact sheet about the actions notes.

DOT also reiterated its commitment to tackling double brokering. “To promote fairness and stability of the industry, FMCSA is renewing its focus on combating unlawful double brokering -- a practice that directly harms drivers.”

FMCSA also announced it will launch two new pilot programs to study increased flexibility in hours-of-service regulations. One will look at more flexible sleeper berth options, and the other will look at split-duty periods. The flexible sleeper berth pilot “will allow participating drivers to split their 10-hour off-duty period into more flexible combinations, including 6/4 and 5/5 splits.” The split-duty period pilot “will allow participating drivers to pause their 14-hour on-duty period for a period of no less than 30 minutes and no more than 3 hours.”

[Related: Hours should be front and center in Trump DOT deregulatory effort: Truckers]

FMCSA also committed to updating and modernizing driver resources and data systems, including a refreshed Driver Resources page that’s more user- and mobile-friendly; proposed updates to the DataQs system; and an updated National Consumer Complaint Database (NCCDB)

With the DataQs update, FMCSA said it would propose “revisions to the DataQs requirements for MCSAP grant funding to ensure proper due process for drivers. The goal is to improve the impartiality, timeliness, and fairness of the data review process.” 

Speaking on background at the Mid-America Trucking Show, an FMCSA rep signaled the move as one that would place impartiality and time requirements on states and encourage better appeals processes for motor carriers in the individual states. The rep cast the move as an alternative to what FMCSA had previously proposed for third-stage DataQs appeals -- namely, that the agency take control of those entirely itself. 

For the NCCDB, technical as well as substantive updates are in the offing for the service through which all manner of transportation-industry whistleblowers can report bad actors among registered entities. FMCSA appears to be finally responding to critical analysis by the Government Accountability Office as well as individual feedback among truckers and others with an effort to migrate the service “to a modern customer service platform to be more user- and mobile-friendly.” The first release is planned before Sept. 30, “and the update will streamline the response process, improve response timeliness, and expand complaint categories to include property brokers.”

[Related: The 18 'burdensome' regulations FMCSA proposes to rescind, amend]

Trucking groups applauded the actions set forth in Duffy’s package.

“For years, truckers have urged Washington to address the severe shortage of truck parking, eliminate the dangers posed by a national speed limiter mandate, and give drivers greater control over their hours-of-service,” said Todd Spencer, president of Owner-Operator Independent Drivers Association. “We thank President Trump and Secretary Duffy for listening to the men and women behind the wheel who keep America’s economy moving,” 

American Trucking Associations President and CEO Chris Spear added that “a safe and strong trucking industry is critical to America's economic growth and security, and data-driven measures like these that reduce regulatory burdens are important steps toward that end. We look forward to continued partnership with the Administration to advance policies that strengthen America's supply chain and bolster our essential workforce.”