FMCSA provides vague answers to possible changes to regulations

The Federal Motor Carrier Safety Administration failed to provide concrete answers about possible regulation changes during a listening session at the Mid-America Trucking Show – citing a new administration, a new Secretary of Transportation and newly nominated administrator of the agency.

During what the agency called a “fireside chat” held at the Mid-America Trucking Show in Louisville, Ky., Jesse Elison, chief counsel for FMCSA, discussed some of the administration’s emphasis areas, including enforcement of regulations with an “emphasis on due process”.

Elison said the agency intends to have a “renewed focus” on fair, transparent and evidence-based enforcement, adding that newly appointed Transportation Secretary Sean Duffy “has an interest in FMCSA”.

While Elison spoke extensively about how the agency intends to approach the enforcement of regulations, he failed to elaborate on specifics, citing on several instances the need to receive direction from Duffy and recently nominated FMCSA administrator Derek Barrs. Elison did offer that FMCSA will look to “build in efficiencies” when it comes to enforcement, with a continued focus on safety.

Elison was similarly vague when discussing how President Donald Trump hopes to address what Elison called “overregulation” in the trucking industry. Elison said the agency – and the federal government as a whole – is “definitely entering a deregulated environment,” but again failed to provide any substantive examples for how or what the agency plans to do to deregulate the industry.

Another hurdle Elison pointed to when it comes to being able to give specific examples of regulatory changes was President Trump’s 10-to-1 deregulation initiative – which requires any federal agency seeking to add a new rule, regulation, or guidance to identify at least 10 existing rules, regulations, or guidance documents to be repealed.

Another topic discussed during the listening session was how the agency intends to combat fraud in the industry – something Elison said was “surreal to think about how prevalent it is.”  While Elison acknowledged that the increase in fraud, he said the issue was a criminal concern and the “resources needed to combat it are extensive.”

Todd Spencer, president of the Owner-Operator Independent Drivers Association, asked Elison what actions FMCSA take once the agency has identified a “bad actor that has been given operating authority in the U.S.”

Elison assured Spencer and the audience that FMCSA “can and do” cancel the authorities of bad actors once there is sufficient evidence to do so, adding that there “have been some wins” recently when it comes to combatting fraud – citing the recent sentencing of a New York trucking company owner who used “chameleon carriers” to mask an unfavorable safety rating.

The information session was largely uneventful – until the issue of the agency enforcing English-proficiency regulations was brought up. The introduction of the idea triggered a noticeable uproar in the audience.

Despite the obvious interest in the topic from the audience, Elison said the agency was waiting for direction from Duffy and Barrs. Elison added that it was a “live issue” – something that the agency is considering – but said the enforcement of those regulations fall under the umbrella of the Commercial Vehicle Safety Alliance.

OOIDA recently called upon CVSA to enforce English-proficiency regulations by reinstating the out-of-service orders for drivers who are found to be in violation.

“Instead of adding more regulations that do nothing to improve highway safety and continue to allow for the mistreatment of truck drivers, CVSA and FMCSA need to do their job,” OOIDA executive vice president Lewie Pugh said. “How many more people need to be hurt or killed in crashes with these drivers before enough is enough?”

FMCSA did not offer members in the audience an opportunity to ask questions but did welcome attendees to visit with them after the session to address their concerns. LL