The Roman god Janus, the god of beginnings and doors, gave us the month of January. He is typically pictured as having two faces: one looking back and one looking forward. Today we follow his lead and look back at 2024 and forward to 2025.
2024– This past year was when California, and several “me too” states, sought to implement zero-emission vehicle (ZEV) standards, only to face litigation, technological challenges, and reluctant vehicle buyers – all while awaiting a go-ahead decision from the U.S. Environmental Protection Agency.
On December 19, 2024, EPA published a waiver for California’s Low-Nox standards for heavy-duty trucks, as well as approval of California’s Advanced Clean Cars II rule, which would move passenger cars toward ZEVs by 2035. These EPA actions are separate from the Advanced Clean Trucks and Advanced Clean Fleets rules directly affecting the trucking industry but show the direction the EPA is moving in the final days of the current administration.
This past year also saw supply chain disruptions from hurricanes and a short-lived (but still awaiting a labor agreement) port strike. But what about trucking regulations this past year?
The Federal Motor Carrier Safety Administration had a hefty agenda of rulemakings heading into 2024. PrePass characterized them in three buckets: “hot button” issues that attract political attention; “merely substantive,” important but not political; and “the daily regulatory grind” (https://prepass.com/blog/navigating-the-road-ahead-a-sneak-peek-into-2024s-trucking-regulatory-landscape/).
While all the issues identified by PrePass were listed as FMCSA 2024 objectives on the DOT Uniform Regulatory Agenda (https://www.reginfo.gov/public/do/eAgendaMain), 2024 was also an election year, a time when “hot button” issues are often deferred till later. Indeed, as of this writing, FMCSA has not finalized actions on Speed Limiters, Automatic Emergency Braking, Side Underride Guards, Hair Testing, or UIDs.
But FMCSA was busy – on the “merely substantive” items. FMCSA took important steps to improve motor carrier safety ratings:
- Updating its Safety Measurement System
- Hearing from the public on the Safety Fitness Determination process
- Addressing weaknesses in the DataQs program
- Improving the Crash Prevention Determination Program
FMCSA also shared motor carrier concerns with fraud, broker practices, and cargo theft by:
- Increasing the security of FMCSA’s online registration system and database
- Establishing clear requirements on broker financial responsibilities
- Proposing equal and timely access by carriers and shippers to broker transaction records
Many of these “merely substantive” items will be formally finalized in 2025. But what else is in store for 2025?
2025– The “hot button” items of Speed Limiters, Automatic Emergency Braking, Side Underride Guards, Hair Testing, and UIDs are still on FMCSA’s rulemaking agenda. Prediction: expect Automatic Emergency Braking to be finalized in 2025 for both cars and trucks.
The prognosis for other regulatory items will be impacted by the 2024 election: there’s a new Administration in DC. The Trump Administration will not support regulation for regulation’s sake. There will be an emphasis on cutting the costs and the intrusion of federal regulations.
A first blow will be to the California ZEV rules; in the prior Trump administration, the EPA denied California’s request for a waiver of federal emissions standards. A second blow will be made as part of border security – FMCSA (and other agencies) will be directed to crack down on fraudulent Mexican CDLs (https://www.prepassalliance.org/fraudulent-mexican-cdls-proliferate/). Watch for the PrePass review of what an incoming administration can do to stop or reverse regulations adopted under the prior administration.
Under the first Trump administration, the Uniform Regulatory Agenda, listing the rulemakings underway at all federal agencies, was renamed the Uniform Regulatory and Deregulatory Agenda. When the 2025 Spring edition is released, we can expect more items on the deregulatory list.