As the cherry blossoms here in Washington, D.C., give way to summer greens, and the calendar moves closer to summer, we are still operating under a regulatory freeze, the presidential action issued by President Trump when he resumed office.
Make no mistake; this is the normal course of action that traditionally occurs when our nation transitions to a new administration. However, we have seen other actions that have impacted our industry in a manner we are not accustomed to. Our industry often notes we are the nation’s most regulated deregulated industry—and this administration is insistent on reducing those regulations further.
A January Trump executive order calls for each new regulation issued to come with identifying at least 10 current regulations to eliminate. As our industry has grown through the introduction of technology over the years, finding 10 regulations to remove might not be as difficult as we could imagine.
I continually engage with members of the Truckload Carriers Association about current regulations that could be retired since they might no longer be relevant to the industry and are unlikely to have much impact on improving safety.
As I write this column, Derek Barrs was just nominated to lead the agency tasked with promulgating most of the rules and regulations affecting our industry. Even before his Senate confirmation hearing, I know he views the job of leading the Federal Motor Carrier Safety Administration as one that will never be easy but is instrumental in improving the safety of our nation.
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A long-standing safety legend told me that innovators will always beat legislators to improve fleet safety. Looking at the regulatory docket demonstrates that. Having room for regulations to move the needle to safety is paramount to achieving that goal. Fleets have long incorporated tools to make their fleets safer. Look no further than hair follicle testing for drugs and alcohol.
Although I am not the only one on the pedestal for hair follicle testing, it goes without saying that the new administrator is staring in the direction from Congress that dates back to December 2015 when it first appeared in the FAST Act. Ten years for rulemaking might be slower than a snail’s pace, but motor carriers are proceeding without a rulemaking by implementing this alternative testing measure. Unfortunately, positive results are for their eyes only because they are unable to place those positive results into the Drug & Alcohol Clearinghouse.
The regulatory docket continues to be populated by rules likely affected by this freeze. Automatic emergency braking, known as AEB, could be in regulatory purgatory by calendar standards, but the success stories of motor carriers using this technology continue to grow. Many carriers already use this technology in new equipment because it reduces rear-end collisions they have experienced.
I mention these prime examples of safety-improving measures when not only the cherry blossoms are blooming but also the discussion surrounding the next highway bill. Every five years, a new reauthorization is ready to be placed upon our country in an effort to address the shortcomings of the previous one, and this is no different.
Our industry must lead in advocating for the next significant highway bill as Congress begins the painstaking legislation process.
The regulatory agenda, AEBs, and hair follicle testing are prime examples of success stories in which motor carriers have led the way. Even though bragging will not get us anywhere, data will genuinely move the needle with an administration seeking to improve its safety record.
As a schedule that presents the industry with opportunity, a new administration coupled with the legislative landscape is the next highway reauthorization, and the apple is ripe for incorporating rulemaking and congressional directives that can create safer highways for all users.
