Trucking Regulations - Other
U.S. & State Regulations
Below is a listing of non-categorized regulations that are approved or pending, as well as their potential impact on the market.
| Regulations | Agency | Introduction | Status | Impact | Milestones | Next Steps | Proposed Implementation |
|---|---|---|---|---|---|---|---|
| Remove Regulatory Barriers for Vehicles with ADS | NHTSA | May'19 | ANPRM published | Seeking input on how to test and verify compliance of ADS with existing regulations | Public comment window originally through 7/29/19; FMCSA extend to 8/28/19 | TBD | |
| Safe Integration of ADS- Equipped CVs | FMCSA | Mar'18 | SANPRM published | Series of rulemaking documents seeking input and comments on considerations for safe integration of ACVs | Initial Request for Comment 3/26/18; ANPRM seeking additional comments 5/28/19; SANPRM seeking additional comments 2/1/23 | Comment period ended 3/20/23 | |
| Update Regs on Transport of Household Goods | FMCSA | Aug'21 | Regs published | Streamline documentation requirements, increase efficiency for the transportation of household goods, improve consumer education; combat fraud | NPRM published 8/10/21 Comment period closed 10/12/21 Final regs published 4/26/22 | Implementation | Implementation 6/27/22 |
| Rear Impact Guard Inspection | FMCSA/DOT | Dec'20 | NPRM comment period closed | Include underride guards in annual CV inspections | Comment period closed 3/1/21 | To be included as part of inspections in 2022 | Implemented in inspections CY'22 |
| Side Underride Guards | NHTSA | Apr'23 | ANPRM | Initial rulemaking step to study side underride guards; BIL directs DOT to complete research on effectiveness, feasibility, etc. | Comments due by 6/20/23 | ||
| Unique Electronic Identification of CVs | DOT/FMCSA | Sep'22 | ANPRM published | CV would need to broadcast IDs when queried by roadside system | Seeking comments | Comment period closed 11/22/22 | |
| Guidance: Definitions of Broker and Bona Fide Agents | DOT/FMCSA | Jun'22 | Interim Guidance | Clarifying FMCSA interpretations of "broker" and "bona fide agents" and how these relate to whether or not dispatch services require broker authority | Whether dispatch services require broker authority is highly fact specific and would take into account multiple considerations, but FMCSA does state that the extent of the carrier’s control over the individual(s) performing the dispatch services is “highly significant.” | FMCSA sought comments on this guidance. Additional comment period ended 4/6/23 | Effective as of 11/16/22 |
| ELD Revisions | DOT/FMCSA | Sep'22 | ANPRM published | Considering changes in 5 areas: applicability to pre-2000 engines; addressing ELD malfunctions; process for removing ELD products from list of certified devices; technical specs; and ELD cert. | Comment period closed 11/15/22 | ||
| Fees for Unified Carrier Registration Plan | DOT/FMCSA | Mar'23 | NPRM | Updates registration fees for 2024. Fees for '24 are lower than '23 | Comment period closed 4/17/23 | ||
| Broker and Freight Forwarder Financial Responsibility | DOT/FMCSA | Jan'23 | NPRM | Modification to regulatory areas: assets readily available; responsibilities in cases of broker/ freight forwarder financial failure; immediate suspension of B/FF operating authority; enforcement authority; entities eligible to provide trust funds BMC-85 filings | FMCSA sought comments on this guidance. Additional comment period ended 4/6/23 | ||
| Clarification to the Applicability of Emergency Exemptions | DOT/FMCSA | Dec'22 | NPRM | Clarify the applicability of emergency exemptions to better ensure that relief granted through emergency declarations is targeted and appropriate for the specific circumstances | Comment period ended 2/6/2023 | ||
| Notice of Waivers for CA's HD Program | EPA | Jun'22 | Notices | Notices for 1) HD emission warranty regulations, 2) ACT regulations, and 3) HD Omnibus Low-NOx regulations after the CARB requested waivers of preemption under the CAA | Public hearings were held June 29th; Waivers granted for 2018 emission warranty regs and Advanced Clean Trucks; Waiver requested for Advanced Clean Fleets Nov. '23 | CARB requested more time before EPA rules on HD Omnibus | |
| Omnibus Low NOx Rule | CARB | Aug'20 | Passed | Require NOx emissions to be cut 75% below current standards in 2024 and cut 90% by 2027; on July 6th, CARB announced it will match EPA for 2027 standards | Adopted by CA, CO, MA, OR, VT, and WA | Conflicts w/ EPA HD Low NOx rule; EPA reviewing CARB's request for waiver - CARB requested more time before EPA decides; on July 6th, CARB announced agreement to align EPA 2027 NOx regs | MY2024 (CA) |
| Zero-Emission MOU by 17 states, DC and QC | Multi-state | Jul'20 | CA, CO, CT, HI, ME, MD, MA, NJ, NV, NY, NC, OR, PA, RI, VA, VT, WA, DC, Quebec | M-HD ZEV Action Plan released Jul'22 (non-binding) | Could set stage for support/mandate of zero emission MD and HD CVs nationally | ||
| CA State AB5 Law - Employee or Independent Contractor determination | State of California | 10/25/2019 Updated 11/12/2019 | Court filing by Cal. Trucking Assoc | Seeking to prohibit new law implementation | Cal law AB5 signed by Gov 9/18/19 11/19/20 Appeals Court reversed special treatment for trucking industry Appeals Court reversed lower court 4/27/21 CTA petitions for US Supreme Court hearing Supreme Court declined to hear appeal Jun '22 | Implementation | Supreme Court declined to hear appeal Jun '22; Temporary stay is lifted, and law goes into effect; CTA filed new request for injunction in Jan.'23 |
| Advanced Clean Trucks Regulation | CARB | Dec'19 | Final Regulation | Sets goals for zero emissions truck sales | CARB passes proposal 6/25/20; 2024 9% C4-8; 5% C2b-3 & C7-r Tractor; 2030 50% C4-8; 30% C2b-3 & C7-8 Tractor; Adopted by CA, NY, NJ, OR, WA, MA, VT, CO, MD; In progress are CT, NC, NM, RI, ME | EPA approved CARB's request for waiver | MY2024 |
| California Phase 2 Unilateral GHG Trailer Certification | State of California | 2017 | Effective on 1/1/20 for MY2020 trailers | Trailers sold in CA must meet requirements OEMs will need to certify and receive Exec Order to sell in CA (Note: this is sell in CA, not "use" in CA like TRU regs) | 2/7/19 Phase 2 GHG rulemaking approved 3/25/19 CARB workshop 4/1/19 Certification Applications accepted 12/3/19 no enforcement of regs for at least 2 years 1/1/20 Program starts | OEMs must certify trailers meet new regs. Significant certification efforts and warranty requirements for OEMs West-Mark (tank) certified 11/13/19 and Kidron (reefer)1/6/20 Hyundai Translead certified 4/7/2020 | Implemented 1/1/2020 However, regulations will not be enforced until 2022 per CARB Advisory #295 |
| Innovative Clean Transit 2018 | State of California | Aug'18 | Passed | Sliding scale to 100% ZEB purchase mandate by 2029Convert transit bus fleet to ZEB (zero emission buses) by 2040 | Sets ZEB purchase mandates for replacement buses starting in 2023; 100% replacements ZEB starting 2029 100% of bus fleet to be zero-emission by 2040 | Implementation | Purchase mandate starts 1/1/2023 |
| Amend Alternative Diesel Fuel (ADF) Regs | CARB | Apr'20 | Orig regs introduced 9/2015 | Usage of ADF can increase NOx emissions | Implement fuel blending and testing requirements | NOx mitigating additives and formulations must be certified to allow continued sales | Implemented 5/3/2021 |
| California 2035 Ban on New ICE Vehicle Sales | CA Governor CARB | Sep'20 | Executive Order; CARB to prepare rules | New cars and trucks ZEV by 2035 MD and HD ZEV by 2045 | CARB to provide progress report, action plan, and define necessary changes in regs by 7/15/21 | CARB rule making | |
| Heavy-Duty Inspection and Maintenance Program | CARB | Dec'19 | Final Regulation | Monitor and verify HD emissions systems work properly for entire vehicle life | Senate Bill No. 210 requiring CARB to create program signed into Law Sep'19; CARB adopted regs Dec'21 | CARB approved final regs late 2021; final approval by OAL pending 3 phase implementation starting Jan'23 | Phase 1 Jan'23 Phase 2 Jul'23 Phase 3 2024 |
| New TRU Regulations | CARB | 4/2016 but workshops in Aug/Sep'19 | Approved 2/24/22 | Reduce impact of TRUs ; Zero-emissions when idle over 15 minutes for trailer, DSC, railcar, genset and full zero-emission on truck TRU | Public Workshops late Aug and Sept 2019; Teleconference follow-up 3/19/20; Modified rule 12/22/2021; Comments closed 1/6/2022; Approved 2/24/2022 | 12/31/22: new TRUs use updated refrigerant; MY'23 lower particulate stds; 12/31/23: Warehouse fees. TRUs in CA must be registered. Zero-emission by 12/31/29 | 12/31/2022 |
| CV Highway Tax | State of Connecticut | Jun'21 | In place | Tax on HD carriers on CT highways | Passed in State legislature | Expect industry/fleet efforts to overturn | 1/1/2023 |
| Advanced Clean Fleets | CARB | Jun'20 | Proposed Regulation | Require operators to transition from diesel to ZEV trucks and vans. | Start transition in '24 and gradually increase % of ZEVs in fleet over time | Public hearing held 10/27/22, comment period ended 10/17/22; CARB Adopted 4/28/23; approved by CA OAL effective 10/1/23; Enforcement/compliance put on hold until CARB receives waiver from EPA (CARB requested waiver Nov. '23 | 1/1/2024 for drayage and high- priority fleets choosing MY option |
| An Act Concerning the CT Clean Air Act | State of Connecticut | Feb'22 | Approved | Authorizes CT DEEP to create rules following CA's M-HD standards; ZEV bus targets | Approved | Allows CT DEEP to create M-HD rules following CA | TBD |
| Executive Order 271 | North Carolina Gov. | Oct'22 | Executive Order | NC DEQ required to propose ACT Rule | NC DEQ to prepare and propose ACT Rule in 2023 | ||
| Clean Truck Fund | Ports of LA/LB | In place | Collect $10 fee per import and export TEU; ZEV and Low NOx could receive some exemption | ||||