climate change action plan, although this rule was not congressionally directed. EPA and NHTSA established an eff ective date of late December 2016, which may keep President Trump from slowing or outright reversing it, but the outcome on this is probably less certain than the ELD rule. A Trump Administration moratorium is,
however, likely to aff ect the progress or future of other trucking rules in the pipeline. Below is a short list of some of the more prominent or controversial trucking-related rules that will likely be snagged in the moratorium net, and either slowed or perhaps even withdrawn. 1. Carrier Safety Fitness Determinations (using the CSA system) – published as a proposed rule in January 2016;
2. Obstructive Sleep Apnea – published as an advance notice of proposed rule in March 2016;
3. Speed Limiting Devices – published as a proposed rule in September 2016;
4. National Drug & Alcohol Test Results Clearinghouse – published as a fi nal rule in December 2016 with an eff ective date of January 2017, and a compliance date of January 2020;
5. Entry Level Driver Training Standards – published as a fi nal rule in December 2016 with an eff ective date of February 2017, and a compliance date of February 2020;
6. Financial Responsibility for Carriers, Forwarders and Brokers – published as an advance notice of proposed rule in late 2014, and awaiting further regulatory action.
Keep in mind, though, that these rules
are intended to improve safety—both industry safety and public safety—and withdrawing safety-related rules could prove diffi cult for the new Administration. President-Elect Trump certainly
won’t be the fi rst President to impose a temporary regulatory moratorium. But, if his regulatory relief actions match his campaign promises, the number and type of regulations aff ecting the trucking industry over the next four years is likely to be very diff erent than that of the last 8 years. TTN
Dave Osiecki, president of Scopelitis
Transportation Consulting, LLC, has spent the past 30 years working at the regulatory agency overseeing the trucking industry and, more recently, as a policy and regulatory expert at the American Trucking Associations in Arlington, Vir. You may reach Osiecki directly at
dosiecki@scopelitisconsulting.com.
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