A Trump presidency may mean a slowdown in new regulations, putting much of FMCSAs plans on the back-burner. However, there are several significant changes planned for 2025, which may include the elimination of MC Numbers and potential speed limited mandate.
As we get cozy by the fire with friends, family, and good food this holiday season, it is a good time to look forward to 2025 and beyond.
Did you know that FMCSA has 24 rules that are in different regulatory stages (Prerule, Proposed Rule, and Final Rule)?
When can we expect these rules to be finalized or moved further down the regulatory process?
Let’s find out.
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With a new Trump Administration taking office in January 2025, we can expect new regulations to slow. And this is normal.
Among the first actions the Trump Administration will implement is a memorandum establishing a “regulatory freeze,” wherein all agencies cease work on any rulemakings currently under development.
This is to determine whether these potential rules align with the incoming administration’s policy preferences, a standard practice for an incoming administration, especially one succeeding an administration of the other party.
Under the first Trump term, the standing policy was also to eliminate two rules for each new one. However, during the campaign trail, Trump announced that he expects to increase this ratio to 10-to-1.
“I’m pledging today that in my second term, we will eliminate a minimum of 10 old regulations for every one new regulation,” Trump told the crowd. “We’ll be able to do that quite easily, actually.”
While setting such a benchmark may help further motivate deregulatory action on some level, it is important to consider how long it will take to truly implement such changes.
What DOT regulations are likely to advance in 2025 or will these FMCSA regulations be delayed further into 2026? Let’s take a look at 10 trucking regulations or policy changes coming down the pipeline.
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The agency proposed changes to the program in April 2023.
A notice that is scheduled to be published in the Federal Register on Wednesday, Dec. 4 finalizes the proposed changes, responds to comments and outlines steps for implementation.
FMCSA’s crash preventability program currently reviews 16 specific collision types and modifies information in the agency’s Safety Measurement System to distinguish not-preventable collisions from preventable ones.
The agency plans to add four crash types to the program “to expand the (program) to review even more crashes each year for preventability.” The additional crash types are expected to double the size of the program.
The four new crash types in the proposal:
The Agency will accept RDRs for the new and updated crash types for crashes that occur on or after December 1, 2024.
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FMCSA plans to publish in December 2024 an NPRM to amend regulations to ensure the safe introduction of automated driving system-equipped trucks onto the nation’s roadways.
The proposed changes to the operations, inspection, repair and maintenance regulations will be intended to prioritize safety and security, promote innovation, foster a consistent regulatory approach to ADS-equipped vehicles, and recognize the difference between human operators and ADS.
Some of the considerations for the new regulations include:
The FMCSA has been considering amendments to the Federal Motor Carrier Safety Regulations (FMCSRs) since 2019 to establish a regulatory framework for ADS-equipped vehicles.
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NHTSA believes AEB systems represent the next wave of potentially significant advances in vehicle safety.
In July, NHTSA and FMCSA published a joint proposal that would require AEB systems and electronic stability control systems on new vehicles that weigh more than 10,000 pounds.
The proposal calls for all Class 7 and 8 vehicles – those weighing more than 26,000 pounds – to be required to meet the AEB standards three years after the rule takes effect.
Due to the presidential campaign season, the government delayed final rulemaking until January 2025.
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FMCSA’s new registration system, launching in 2025, will simplify the registration process, streamline identification, improve the user experience, and incorporate enhanced verification tools.
The platform will be a one-stop shop that includes user roles for individuals and businesses that support registered entities.
Simplified Registration Process
Streamlined Registration Identification
Improved and Intuitive User Experience
Enhanced Verification and Fraud Reduction
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For FMCSA, the random drug testing rate last changed in 2020, where it increased from 25% to 50% random drug testing rate due to over 1% positive drug test results.
To reduce the random drug testing rate back to 25%, there must be three consecutive years of positive random drug testing data below 1%.
If positive drug test results fall below 1% for 2022 and 2023 data, the FMCSA will lower the random drug testing rate from 50% to 25% in 2025.
When it comes to Oral Fluid Testing, we are waiting for the Department of Health and Human Services (HHS) to certify at least two laboratories for conducting these tests.
As of November 5, 2024, there are no currently qualified oral fluid collectors per § 40.35(c)(2) who meet the additional qualifications at § 40.35(c)(2)(i), (ii) or (iii) to monitor and evaluate the trainee’s mock collections; therefore, no one can be a qualified oral fluid collector at this time.
Either LabCorp or Quest are expected to be certified in Q1 2025, according to HHS. So, will this be enough to start DOT oral saliva drug testing?
No, there must be a different HHS-certified laboratory to conduct the split specimen drug testing on the secondary specimen if the employee requests split specimen testing for a non-negative result.
In other words, oral fluid testing under part 40 cannot be fully implemented until HHS certifies at least two laboratories. But we also need to get qualified oral fluid collectors.
Related: How To Become a Qualified DOT Oral Fluid Collector
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At the end of September, FMCSA published a supplemental notice of proposed rulemaking that, if enacted, would limit heavy trucks to 68 mph on highways. Boy, was there backlash!
The next day, the agency changed phrasing and now says an exact speed limit will be determined later.
The only consensus is most large-truck equipment manufacturers already added the technology needed for speed-limiters to become a reality since OEMs have been installing electronic engine control units (ECUs) in CMVs since 2003.
FMCSA estimates that limiting heavy vehicles to 68 mph would save 27 to 96 lives annually and prevent 30 to 106 serious injuries and 560 to 1,987 minor injuries.
The other added benefit is FMCSA expects that 68 mph speed limiters would improve fuel savings and GHG emissions reductions to result in benefits of $376 million annually, which seems inaccurate if you consider the smaller cars backed up behind semi’s trying to pass each other or cars accelerating past the slower than flow of traffic truckers.
The rulemaking requires the Office of Management and Budget review before publication.
Due to the presidential campaign season, the government delayed final rulemaking until May 2025.
However, there are also efforts ongoing in Congress to bar FMCSA from mandating speed limiters on trucks. Stay tuned for updates.
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According to the Office of Management and Budget, a Supplemental Advance Notice of Proposed Rulemaking for a New Entrant Safety Assurance Process rule is scheduled for June 2025.
The rulemaking would consider methods for ensuring a new applicant carrier is knowledgeable about the applicable safety requirements before being granted New Entrant authority.
The agency is considering whether to implement a proficiency exam as part of its revised New Entrant Safety Assurance Process, as well as other alternatives.
Is this a good idea? Well, according to Michael Kauffman at CNS, “Honestly that’s an excellent idea. As you know, and in my opinion, the standard online FMCSA safety audits (new entrants) are a joke, they don’t generally even contact the carrier to explain anything regarding 49 CFR or safety, etc.”
On the other hand, “the on-site new entrant audits, are much more educational in nature and officers require all documentation available just like a ‘real’ audit, and the officer actually explains the requirements and WHY they are needed,” said Kaufman.
However, knowing how the FMCSA and government works, is any version of a regulations “test” likely to be created and required? I wouldn’t bet on it.
Stay tuned on future updates.
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We’re still waiting for action from FMCSA on possible changes to the mandatory ELD rules after a 2022 advance notice of proposed rulemaking.
The agency asked for comments on potential changes in five areas:
The latest regulatory agenda is projecting June 2025 for a proposed rule.
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FMCSA wants to completely overhaul its verification processes and improve the customer experience; and this includes ending MC numbers. This change aims to reduce fraud in the industry.
The agency wants to use USDOT numbers as the sole identifier for carriers, brokers, forwarders, and others, as well as eliminating arbitrary wait times and instituting a system that processes paperwork over the weekend and holidays automatically.
At MATS 2024 (Mid-Atlantic Truck Show), FMCSA outlined proposed changes to overhaul the registration system.
This system will ask carriers questions and lead them to the correct form, while verifying information in real time.
This is expected to come online by October 1, 2025.
Related: What Ending MC Numbers Means for the Trucking Industry
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In 2016, a proposed Safety Fitness Determination (SFD) rule would replace the current three-tier federal rating system of “Satisfactory, Conditional and Unsatisfactory.”
The rule would apply to any federally regulated commercial motor carriers with a single determination of “Unfit”, which would require the carrier to either improve its operations or shut down.
The problem is that out-of-service violation rates vary greatly by state, impacting how roadside inspection data applies.
It’s unclear how the feds will address these differences in safety ratings.
Public comments have come in, and a Notice of Proposed Rule Making is expected in June 2025.
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At CNS, our DOT Compliance Programs focus on Proactive Safety Management (PSM), a mindset that will ensure your fleet’s safety and compliance is always in order and ahead of the FMCSA.
When partnering with a third-party program, your fleet has a team of experts that costs much less than hiring a safety director or team and can receive constant monitoring to keep your operation FMCSA compliant. Driver management will be simplified and the driver hiring process will shorten.
While data and paper management can be crucial, using a third-party partner will help you be prepared for audit representation, provide document storage, and offer up-to-date company policies and handbook of FMCSA rules and regulation changes.
Our PSM Motor Carrier Program includes:
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For owner-operators and small fleets, roadside inspections have become a necessary part of doing business—not just for compliance, but also to meet the growing demands
It will soon be easier and cheaper for truckers to get security credentials, like TWIC (ports) and HME (HAZMAT). Congress passed a bill on December
Many companies, including motor carriers, are now required to report information to FinCEN about the individuals who own or control them, or face fines. Here’s
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