2025 FMCSA and the Trucking Regulation Freeze
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 the much loved speed limited mandate.
And guess what, the FMCSA has 24 rules that are in different regulatory stages right now… which are the Prerule stage, Proposed Rule stage, and Final Rule stage. Don’t worry, I wont hit all 24 in this video… but only the most prevalent ones for the upcoming year.
What Trump Presidency Means For Trucking in 2025
Before we look at some of these rules… let’s discuss the elephant in the room… and that’s the incoming Republican Presidency and congressional control. 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,” where 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.
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.
In other words… we’ll see about this. But in the end, FMCSA may be forced to cut old or hated regulations. What regulations would you want to be removed? Let me know in the comments below.
Beyond trucking regulation changes or delays… a Trump presidency may cause: Weaker environmental rules for trucks and Significant tariffs to boost freight. Of course, Only time will tell.
New Trucking Regulations in 2025
Crash Preventability Determination Program Changes
This Final rule was published Dec 4, 2024 – allowing carriers to fight new crashes types in 2025 and beyond!
The agency first proposed changes to the program in April 2023, updating FMCSA’s crash preventability program that reviewed 16 specific collision types and modifies information in the agency’s Safety Measurement System (or SMS) to distinguish not-preventable collisions from preventable ones.
The agency is adding four crash types to 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 are:
- A commercial motor vehicle was struck on the side by a motorist operating in the same direction.
- A commercial motor vehicle was struck because another motorist was entering the roadway from a private driveway or parking lot.
- A commercial motor vehicle was struck because another motorist lost vehicle control.
- And any other type of crash involving a commercial motor vehicle, where a video demonstrates the sequence of events of the crash.
This is great news! If you are looking to fight preventability of a crash on your trucking record, the FMCSA will accept RDRs for the new and updated crash types for crashes that occur on or after December 1, 2024.
Motor carrier operation of automated driving system-equipped vehicles (or Autonomous Vehicles)
This rule is in the [Proposed Rule Stage]
FMCSA plans to publish in December 2024 a Notice of Proposed Rule Making to amend regulations to ensure the safe introduction of autonomous trucks on the nation’s roadways. Well… looks like this timeline has slipped on this one… But what are they hoping to change?
The agency is proposing changes to the operations, inspection, and repair and maintenance regulations that are intended to prioritize safety and security while also promoting innovation that recognize the difference between human operators and autonomous vehicles.
Some of the considerations for the new regulations include:
- Inspections: or Pre-trip, en route, post-trip, and periodic or annual inspections for the ADS technology and cargo securement devices
- Remote assistants: In other words, how to regulate remote assistants who may engage with the vehicle if the autonomous vehicle is unable to perform a task
- Applying commercial driver rules: In other words, whether commercial driver rules (like hours of service) should apply to remote drivers
- And Unlawful activity: Ensuring that ADS-equipped vehicles are not used for unlawful activity. I wonder what they are considering here.
This rule process has been in the works since 2019 and NHTSA just signed a notice of proposed rulemaking on December 19th in which the Agency proposed a sweeping voluntary program relating to the evaluation and oversight of motor vehicles equipped with automated driving systems.
With Trump and Elon’s bro-mance right now… expect this to be flushed out this year.
Heavy Vehicle Automatic Emergency Braking Systems
This is in the [Final Rule Stage] with a deadline Moved to January 2025
NHTSA believes Automatic Emergency Braking systems or 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 but this is likely to happen, albeit with another regulation or two being removed first.
FMCSA’s New Registration System
That’s right, FMCSA is modernizing and will begin rolling out the new system in phases beginning in 2025.
The goal is to 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 – such as CNS. There are four major changes.
The Simplified Registration Process includes:
- Consolidation of FMCSA forms into a single online system.
- Easily accessible account pages to view and manage user and business information, preferences, and activity.
- Enhanced user roles to engage the right people at the right time.
The Streamlined Registration Identification means:
- All regulated entities will continue to be identified by a USDOT Number.
- Operating authority registrants will be issued a suffix at the end of the USDOT Number to designate each type of authority granted, instead of receiving a sepTarate MC or FF Docket Number.
- USDOT Number suffixes will not be a vehicle marking requirement.
The Improved and Intuitive User Experience means:
- Enhancements will include auto-population tools, real-time data validation, smart logic, edit checks, and notifications.
- Mobile devices and tablets can be used to view and update registration information on the go—no need to wait on paper form processing.
And lastly, the Enhanced Verification and Fraud Reduction changes means:
- New identity verification software and user account roles will protect and control system access.
- New business verification and information edit checks will validate key information, such as principal place of business address.
- And the system will support automated, secure processes for company officials and their support users, like CNS.
Oral Saliva Drug Testing and Potential Reduction in Random Drug Testing Rate
Summer 2025
For FMCSA, the random drug testing rate last changed in 2020, where it increased from 25% to 50% random drug testing rate. Why? Because there was a year with over 1% positive drug test results.
To reduce it back to 25%, there must be three consecutive years of positive random drug testing data below this 1% threshold.
Will it lower for this year? Unlikely as we usually get this data in December… but there is still hope as we wait for FMCSA to announce the data. – Here’s to hoping!
Now, we all know these drug tests for drivers are urine drug tests. But oral saliva drug tests are coming… sort of… Where are we with this as this method has already been approved? Isn’t it simple to flip the switch and allow this drug testing method? It’s the government… so, not quite.
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.
Why two? One lab needs to be certified to test the oral swab. But, if there is an issue with the data and you want it to be re-tested… the regulations say a second lab has to be used to test it… this is called split-specimen testing.
Either LabCorp or Quest are expected to be certified in Q1 2025, according to HHS. But when will the second lab be certified? Hopefully by the end of the year! Stay tuned!
But there is another issue here.
As of the end of 2024, there are no currently qualified oral fluid collectors who meet the additional qualifications to monitor and evaluate the trainee’s mock collections; therefore, no one can be a qualified oral fluid collector at this time. Oops… a weird loophole that made it IMPOSSIBLE to follow the rules!
FMCSA did release changes to fix this rule in December. Specifically, in the May 2023 Final Rule, DOT required an oral fluid test to be conducted in certain circumstances where an observed collection is required.
Since oral fluid testing is not yet available, DOT is temporarily reversing course and requiring the conduct of directly observed urine collections in those circumstances for an interim period.
This provision will sunset one year after HHS publishes a Federal Register notice that the second oral fluid drug testing laboratory is certified.
More headaches for the drug testing process… but let’s hope this get flushed out by the end of the year!
Truck Speed Limiter Rule
This is in the [Proposed Rule Stage] and the new rule is Delayed to May 2025
Okay, so one of the most hated regulations (beyond ELDs) is coming.
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. When will we know what this speed is? Maybe in May 2025… but expect this rule to be put on the back burner.
But if it does get published, what is likely to happen?
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. Hmm, sounds like the ELD saving lives excuse.
Well, 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.
Of course, this estimate may be overblown if you consider 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.
However, there are also efforts ongoing in Congress to bar FMCSA from mandating speed limiters on trucks. Stay tuned for updates.
New-entrant Trucking Knowledge Test
[Prerule Stage]: Delayed to June 2025
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.
Electronic Logging Devices Revisions
This is in the [Proposed Rule Stage] and an announcement is postponed to June 2025.
We’re still waiting for action from FMCSA on possible changes to the mandatory ELD rules after a 2022 advance notice of proposed rulemaking. Yeah, only three years later!
The agency asked for comments on potential changes in five areas:
- Applicability to pre-2000 engines – yikes!
- ELD malfunctions
- The process for removing ELD products from FMCSA’s list of registered devices – which a handful are removed each month on a list of hundreds out there right now.
- Technical specifications changes
- And ELD certification changes.
Will this be good for truckers? Not really. But expect this update to happen sometime in 2025.
Elimination of MC Numbers
Starting October 2025
Now this is an interesting one!
FMCSA wants to completely overhaul its verification processes and improve the customer experience; and this includes ending MC numbers.
Why? They want to reduce fraud in the industry! Sounds great!
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 the Mid-Atlantic Truck Show last year, FMCSA outlined proposed changes to overhaul the registration system which 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.
For more details on how this affects carriers, stay tuned for a future video on this topic! Subscribe now to not miss it!
Safety Fitness Procedures for Carriers
This is in the [Proposed Rule Stage] and an update has been delayed to June 2025
Okay, another big change may be coming on carrier safety scores – a big thing our company, CNS, helps manage for you. If you want to be PROACTIVE in your fleet’s safety management… contact CNS in the description below.
So, what’s potentially changing? Well, in 2016, a proposed Safety Fitness Determination 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. Yeah, it’s a big deal.
The problem is that out-of-service violation rates vary greatly by state, impacting how roadside inspection data is applied.
- Nationally, equipment violations stand at 20%.
- In Mississippi, the rate is 10%, while in Nebraska, it’s 43%.
- For drivers, the national rate reaches 6%.
- California’s rate is 3%, and Arizona’s is 12.5%.
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. This will be big news and likely to come sometime in 2025 or 2026. Stay tuned on this one as well. We will dive into the detail, when we know them, on how it will affect all carriers and how to get your safety rating changed.
