Update: Hutcheson stepping down from FMCSA post

The Federal Motor Carrier Safety Administration will soon have a new leader.

FMCSA confirmed that Administrator Robin Hutcheson resigned her post and will leave the agency on Jan. 26. Sue Lawless, FMCSA’s executive director and chief safety officer, will lead the agency in the role of acting deputy administrator.

“It has been the most profound honor to serve in the Biden-Harris Administration, and I am grateful to President Biden for appointing me to these roles,” Hutcheson said in a statement. “I thank Secretary Buttigieg for his leadership and confidence and recognize the dedicated team of professionals at the Department of Transportation who work hand in hand with industry partners to serve the American people and keep our country moving forward.”

Hutcheson was confirmed as FMCSA administrator in September 2022 and started serving in an acting capacity in January 2022. No reason was given for her departure.

“We thank Administrator Hutcheson for her service to our nation and her efforts to keep America’s roadways safe for truckers and all road users,” OOIDA President Todd Spencer said. “We wish her well and look forward to working with the new leadership at FMCSA.”

In addition to Hutcheson’s departure, FMCSA Deputy Administrator Earl Adams Jr. left the agency in recent weeks. The back-to-back resignations mean that Lawless will assume leadership of the department until President Biden nominates someone for the role.

Lawless became an assistant administrator for FMCSA this past September but first joined the agency in 2001.

House hearing

Hutcheson drew some criticism during a House Transportation and Infrastructure hearing in December regarding the agency’s attempts to mandate speed limiters on heavy-duty trucks.

Rep. Troy Nehls, R-Texas, questioned the ethics of Hutcheson delivering a keynote speech at a fundraising event for the Truck Safety Coalition – a major speed limiter proponent – while the rulemaking process is ongoing.

“I believe you were the keynote speaker at a high-dollar fundraiser – dubbed a soiree – sponsored by labor unions, trial attorneys and large trucking companies,” Nehls said. “All of these stakeholders have been pressuring your agency to select a speed limiter rule set at 60 mph … Do you believe it hurts the credibility of the rulemaking process by keynoting a fundraiser for advocates on one side of the issue while the regulation is under consideration?”

Hutcheson said that the agency doesn’t discuss the contents of a potential rule during conversations with stakeholders.

The agency also received criticism for announcing that the top speed for its speed limiter proposal would be 68 mph, only to rescind that information hours later.

Hutcheson said at the hearing that FMCSA had not determined its proposed top speed for the speed limiter rulemaking.

Where do we go from here?

Lawless will be the fifth different person to lead FMCSA since Ray Martinez stepped down from his role as permanent administrator in October 2019. Jim Mullen, Wylie Deck and Meera Joshi directed the agency in interim roles before Hutcheson was confirmed in September 2022.

While business as usual is largely expected from FMCSA – especially regarding rulemakings mandated by Congress – it is unclear what affect the change in leadership could have on such efforts as speed limiters.

Under Hutcheson’s leadership, FMCSA elected to resurrect a 2016 speed limiter rulemaking in May 2022 without any directive from Congress.

Many lawmakers criticize the proposal for creating unsafe speed differentials between cars and trucks and for taking away a state’s right to determine safe speeds for its roads. In addition, the agency’s advance notice of proposed rulemaking received about 15,000 comments, with the majority coming from truck drivers who are opposed to a speed limiter mandate.

According to the U.S. Department of Transportation’s agenda, FMCSA was supposed to unveil the next step of the speed limiter rulemaking process on Dec. 29. However, that deadline wasn’t met, and the proposal still hasn’t been sent to the White House Office of Management and Budget for review. That review process often can take months. LL