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Update on Relevant U.S. Regulations

NHTSA Requests Comments on PACCAR Petition for Decision of Inconsequential Noncompliance

On July 28, the National Highway Traffic Safety Administration (NHTSA) requested comments on a petition for decision of inconsequential noncompliance from PACCAR Inc. (PACCAR) who has determined that certain model year 2022-2025 Peterbilt and Kenworth trucks do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 121, Air Brake Systems. Comments are due by Aug. 27.

 

FMCSA Requests Comments on Annual Report of Class I and Class II For-Hire Motor Carriers ICR

On July 28, FMCSA requested comments on the Annual Report of Class I and Class II For-Hire Motor Carriers information collection request (ICR). Comments are due by Sept. 26.

 

FMCSA and NHTSA Withdraw Speed Limiting Devices NPRM

On July 24, FMCSA and NHTSA withdrew the joint notice of proposed rulemaking (NPRM) that proposed to require heavy vehicles (vehicles with a gross vehicle weight rating of more than 11,793 kilograms (26,000 pounds)) to be equipped with a speed limiting device that is maintained at a set speed.

 

NHTSA Requests Comments on Compliance Labeling of Retroreflective Materials for Heavy Trailer Conspicuity ICR

On July 22, NHTSA requested comments on the Compliance Labeling of Retroreflective Materials for Heavy Trailer Conspicuity ICR related to the labeling requirement for retroreflective sheeting material. Comments are due by Sept. 22.

 

U.S. DOT Requests Information on Surface Transportation Reauthorization

On July 21, the U.S. DOT requested information on proposals for consideration in advance of the next surface transportation reauthorization legislation. Comments are due by Aug. 20.

 

PHMSA Releases Interpretation Related to IBCs

On July 15, the Pipeline and Hazardous Materials Safety Administration (PHMSA) released a clarification to the Hazardous Materials Regulations (HMR) in response to multiple questions on provisions applicable to intermediate bulk containers (IBC). Specifically, the request asked about the use of out-of-test IBCs under DOT special permit 12412, draining or disconnecting hoses after unloading hazardous materials and before re-entering transportation, and the incomplete or lack of shipping records. PHMSA shared answers to each of the questions in the interpretation.

 

PHMSA Releases Interpretation Related to Markings on UN Specification Non-Bulk Performance-Oriented Packagings

On July 15, PHMSA released a clarification to the HMR in response to a question on markings on United Nations (UN) specification non-bulk performance-oriented packagings. Specifically, the requester asked if a single UN symbol should be used to meet the requirements in Title 49 Code of Federal Regulations § 178.503(a)(1) when multiple markings are included on a packaging. PHMSA shared that the HMR specifically states if more than one marking appears on a packaging, each marking must appear in its entirety and that each marking string must include its own UN symbol or the letters “UN” as part of the marking string.

 

PHMSA Releases Interpretation Related to Marking of Refillable UN Pressure Receptacles

On July 10, PHMSA released a clarification to the HMR in response to multiple questions on the marking of refillable UN pressure receptacles in accordance with § 178.71(q) of the HMR. PHMSA shared answers to each of the questions in the interpretation.

 

PHMSA Releases Interpretation Related to CTMVs

On July 2, PHMSA released a clarification to the HMR in response to multiple questions on cargo tank motor vehicles (CTMV). Specifically, the request asked about the use of an engineered copolymer as the material of construction for certain parts of a CTMV. PHMSA shared answers to each of the questions in the interpretation.

 

PHMSA Releases Interpretation Related to the Hazardous Materials Endorsement for CDL

On June 27, PHMSA released a clarification to the HMR in response to a question on the hazardous materials endorsement on a commercial driver’s license (CDL) and other transportation requirements. Specifically, the request is related to the transportation of the containerized vehicles in a scenario in which the requester’s company transports shipping containers that each have one to three electric or hybrid vehicles from ports to customer locations and back to the ports. PHMSA shared answers to each of the questions in the interpretation.

 

PHMSA Releases Interpretation Related to the Transportation of Lithium-Ion Cells and Batteries

On June 26, PHMSA released a clarification to the HMR in response to multiple questions on the transportation of lithium-ion cells and batteries. Specifically, the request asked about the use of firmware to limit the nominal energy expressed as the watt-hour rating of a lithium-ion cell or battery contained in equipment. PHMSA shared answers to each of the questions in the interpretation.

 

PHMSA Releases Interpretation Related to Reclassification of a Flammable Liquid to a Combustible Liquid

On June 5, PHMSA released a clarification to the HMR in response to multiple questions on reclassifying a flammable liquid to a combustible liquid. PHMSA shared answers to each of the questions in the interpretation.

 

PHMSA Releases Interpretation Related to Shipping Papers

On June 3, PHMSA released a clarification to the HMR in response to a question related to the display of the emergency response telephone number on shipping papers. PHMSA shared answers to each of the questions in the interpretation.

 

PHMSA Releases Interpretation Related to Marking and Label Visibility Requirements

On May 12, PHMSA released a clarification to the HMR in response to multiple questions about marking and label visibility requirements as it relates to § 172.304(a)(3) and § 172.406(f), respectively. PHMSA shared answers to each of the questions in the interpretation.

 

PHMSA Releases Interpretation Related to Shipment of Equipment Using Solar, Battery and Fuel Cell Technology

On May 9, PHMSA released a clarification to the HMR in response to a question on the shipment of equipment using solar, battery and fuel cell technology. As part of an answer to a specific scenario, PHMSA shared that according to § 173.22, it is the shipper’s responsibility to properly classify and describe a hazardous material.

 

PHMSA Releases Interpretation Related to Definition of ‘Closed Bulk Bin’

On May 7, PHMSA released a clarification to the HMR in response to a question on the definition of “closed bulk bin” in § 173.240(c). Specifically, the request asked about whether a non-UN-rated large containment packaging, which meets the general design requirements of § 173.410 for Class 7 material packaging as referenced in the certificate provided by the packaging supplier, qualifies as a closed bulk bin to be used as an outer packaging for low-hazard Class 9 materials. PHMSA shared that the HMR provides no definition for closed bulk bins, but prior letters of interpretation have provided definitions for closed bulk bins.

 

PHMSA Releases Interpretation Related to UN Identification Number Markings

On April 23, PHMSA released a clarification to the HMR in response to a question on UN identification number marking in accordance with Special Provision 389 for a shipment of “UN3536, Lithium Batteries installed in cargo transport unit lithium-ion batteries or lithium metal batteries, 9.” PHMSA shared answers to two specific scenarios in the interpretation.

 

PHMSA Releases Interpretation Related to Explosives Packaging Requirements

On April 2, PHMSA released a clarification to the HMR in response to a question on explosives packaging requirements, specifically related to packaging prescribed under an explosives approval. PHMSA shared that a new explosive is an explosive produced by a person who has not previously produced that explosive or has made a change in the formulation, design or process to alter any of the properties of the explosive.

 

PHMSA Requests Comments on Pending Letters of Interpretation

PHMSA implemented a process to submit comments on pending interpretation letters that are under review by the Office of Hazardous Materials Safety. Comment submissions will be accepted for 30 days after the pending interpretation letter is posted.

 

 

ATRI Report Shows Trucking Profitability Severely Squeezed by High Costs, Low Rates

TRI has released the 2025 findings of its leading costs and performance benchmarking report, An Analysis of the Operational Costs of Trucking.

 

The industry’s average cost of operating a truck in 2024 was $2.260 per mile, a 0.4 percent decline compared with the previous year. However, when lower fuel costs are excluded, marginal costs rose 3.6 percent to $1.779 per mile – the highest costs ever recorded by ATRI for non-fuel operating costs.

 

Operating cost trends varied by line-item in 2024. Fuel as well as repair and maintenance expenses each declined from 2023 to 2024, and driver wages – the primary contributor to cost increases in the three years following the COVID-19 pandemic – rose by just 2.4 percent, half a percentage point less than inflation. Given the present trucking industry recession, carriers were particularly hard-hit by growing costs in several line-items, including truck and trailer payments (which rose by 8.3 percent to a record-high $0.390 per mile) and driver benefits costs (which rose 4.8 percent to $0.197 per mile).

 

Carrier profitability suffered across all industry sectors under these pressures, as the findings show in stark detail. Average operating margins were below 2 percent in every sector aside from LTL, and the truckload sector had an average operating margin of -2.3 percent. (Read More)

 

 

CLICK HERE TO DOWNLOAD THE FULL OPS COSTS REPORT

How trucking’s costs changed in 2024 from 2023

The American Transportation Research Institute has released its annual Operational Costs of Trucking report looking at costs for 2024, which serves as a benchmarking tool for fleets for industry costs, key performance metrics and revenue.

It’s probably not surprising to most in trucking that all-in trucking costs were mostly flat in 2024 from 2023, falling by just 0.4% to $2.26 a mile. If you take the cost of fuel out of the equation, however, costs actually increased by 3.6% from 2023 to $1.78 a mile. Click on link below to see video.

https://youtu.be/QvTslNd_NpI

 

ATRI Research Highlights Evolving Truck Driver Demographics

TRI has released new research detailing a notable demographic shift in the U.S. truck driver workforce. The research examines how broader societal and labor force trends are reshaping the industry and presents strategies for motor carriers to engage younger, more diverse, and historically underrepresented populations. The research is organized into two key phases:

 

1.   chronological changes in truck driver demographics; and

2.   pathways into trucking careers for former foster youth and justice-involved individuals.

 

The report offers a comprehensive analysis of the industry’s most pressing workforce challenges, including an aging driver population, low female representation — women currently comprise just 4.1 percent of truck drivers — and shifting employment models. With the average truck driver now 47 years old and retirements accelerating, the research emphasizes the need to modernize recruitment messaging to better resonate with younger generations. Overall, the research provides a roadmap to help carriers enhance recruitment, improve retention, and build a more resilient driver workforce.

 

 

The report also highlights opportunities to expand access to trucking careers for individuals from historically underrepresented backgrounds, particularly former foster care youth and justice-involved individuals. These groups may face unique challenges, but with the right support, trucking can offer a stable and rewarding career path. (Read More)

 

CLICK HERE TO DOWNLOAD ATRI’S FULL STUDY, EVOLVING TRUCK DRIVER DEMOGRAPHICS: ISSUES AND OPPORTUNITIES

Your Truck’s Data Recording System: Part 1

Doug Marcello

 

Why It Matters

Every post-2000 truck is a rolling recording system capturing data that could save your company millions – or cost you everything in litigation.

 The Big Picture

Your vehicle’s electronic control module (ECM) records digital documentation of operations: speed, braking patterns, clutch engagement, engine load, and cruise control activation.

 How the Digital Witness Works

Continuous streaming: ECMs capture real-time data as trucks move, creating comprehensive records of vehicle performance and driver behavior.

Trigger events: The system preserves data when vehicles exceed G-force limits – hard braking, sudden impact, or dramatic speed/direction changes.

The preservation window: Manufacturers save several seconds of data on a fraction-of-a-second basis, showing exact speed approaching impact, brake application timing, and deceleration metrics.

The “last stop” feature: Some manufacturers maintain ongoing records of recent streaming data, preserving final moments even without triggering events.

The Data Destruction Trap

Here’s the problem: “Last stop” data disappears the moment you move your truck or activate the ECM post-accident.

Think about it: Once the vehicle moves or system activates, it’s no longer recording the “last stop” – data gets overwritten like recording over your wedding video.

The exception: Hard brake or sudden impact triggering events preserve data for that timeframe regardless of subsequent actions.

The vulnerability: Minor accidents—slow stops, sideswipes, minor impacts—may not trigger recording systems, leaving you without documentation when facing aggressive legal pursuit.

What’s At Stake

In today’s “jackpot justice” environment, this data represents the difference between proving minimal impact and facing inflated claims from billboard lawyers targeting minor accidents.

The Bottom Line

Your ECM data isn’t just diagnostic information – it’s your first line of defense against aggressive litigation. Every day without proper preservation protocols means gambling your company’s financial future on every mile your trucks travel.

Click on link below to see Doug’s video.

https://www.youtube.com/shorts/q0BYDhRbyYg?feature=share