Pamella De Leon
Truckload rates kept climbing year over year in Q2 2025, but growth slowed again, with peak season adding further market fluctuations, according to RXO’s The Curve report, a proprietary index measuring performance and macroeconomic indicators in the market.
The report indicated an extension of similar trends from 2023: “A muted demand picture leading to lower freight volumes, waning carrier capacity, and a prolonged stable rate environment (though they are increasing on a year-over-year basis).”
The report indicated that spot rates increased 6.5% year over year in Q2 2025, slightly less than the 9.1% in Q1 2025. Contract rates, meanwhile, rose 1.1% year over year, down slightly from 1.4% in Q1.
Seasonal shipping events such as produce season, Memorial Day, CVSA International Roadcheck and Independence Day caused temporary volatility, though rates quickly returned to baseline afterward.
“Though we are in an inflationary rate environment, Q2 was still primarily a shippers’ market,” the report noted.
It also pointed out that carriers continue to feel cost pressures, while shippers had relatively high tender acceptance rates, easy capacity and slight rate increases in their RFPs.
Macroeconomic factors
Tariffs and trade policy continue to be the biggest source of uncertainty, the report noted. Industrial production and imports both declined in the second quarter, which tracks with weaker freight volumes.
Unlike the last inflationary period from 2020 to 2021, surging freight demand drove rates higher. Current macroeconomic outlook seems to be less about strong demand and more about shrinking supply.
“It’s more likely that supply-side constraints (carrier attrition) will likely be the driving force,” the report said.
Any tariff de-escalation could spur increased demand and supply chain volatility during peak season, it added.
Q3 2025 truckload market forecast
As for trends shaping the truckload market, the report pointed out that conditions remain largely unchanged: sluggish freight volumes, little difference between contract and spot rates, fewer Class 8 truck orders, and ongoing carrier job losses.
“The persistence of these low rates, both in contract and spot, is placing an immense amount of pressure on carriers,” the report stated. “If (and likely, when) enough carriers get driven out of the market, it will trigger a rise in spot rates, but the timeline for the flip keeps getting pushed out given weak conditions.”
English language proficiency regulations could also lead to an evident reduction in the overall driver pool and constrain capacity.
Looking ahead, the report noted that RXO expects carrier capacity to continue exiting the market. While contract rates were up modestly year over year in Q2, spot rates are poised to rise faster, eventually surpassing contract rates.
“This divergence will drive volatility as cash-trapped carriers look to increase profitability after a very difficult two years,” the report said.
It said either more exits or a demand uptick would accelerate rate increases.
Spot rates trail contract rates for now, but if they flip in Q3, shippers could face pressure later in the year, it said.
The extent of any inflationary spike, the report pointed out, will depend on tariffs, how shippers and carriers respond, consumer demand, and the strength of peak season.
Conversely, DAT Chief of Analytics Ken Adamo said in a recent release that there’s no major indication of changes in the truckload market, aside from seasonal bumps and tactics by shippers managing tariffs.
“There are carriers with low-cost structures and steady customers that are negotiating better contracts,” Adamo said, “but in general, there’s a feeling that volumes and rates are stuck. Barring some major event, there’s nothing to suggest that’s going to change any time soon.”
Interviews With Carriers, Drivers, Witnesses Included in Four-Year Plan in Advancement of Crash Causation Program
Noel Fletcher
Advancing a program that stretches back more than 20 years, the Federal Motor Carrier Safety Administration has announced plans for a sweeping study of fatal heavy truck crashes with the goal of developing strategies to improve highway safety.
The Crash Causal Factors Program, authorized by Congress under the Infrastructure Investment and Jobs Act, will collect data from 2,000 fatal heavy truck crashes across 30 states identified as representative of a national sampling of locations. Data will be collected over the course of two years, with a target start date of early 2026. FMCSA is partnering with state and local agencies as well as the Bureau of Transportation Statistics — which, like FMCSA, is part of the Department of Transportation — to collect the data. The Office of Safety Data and Analysis within BTS will lead the research.
The initial phase is called the Heavy-Duty Truck Study and will center on data collection for crashes involving Classes 7 and 8 trucks. Key data will include crash metrics that adhere to FMCSA state-specific agreements. BTS will supplement this data with anecdotal information gathered in voluntary interviews with carriers, drivers and witnesses following a crash.
“Information gathered during the interviews will provide additional information and context for a more comprehensive understanding of crashes and their causal factors,” according to a Federal Register notice on the CCFP program. BTS aims to conduct five hourlong interviews per crash.
“For each fatal crash, BTS will attempt to interview the heavy-duty truck driver, a representative from the involved motor carrier, the driver of any other involved vehicle, all vehicle occupants and any other persons involved in the crash,” the notice stated. This information will be analyzed to identify whether drivers, vehicles, motor carriers or environmental factors played a role in the crashes.
“Analysis results and findings may be used to inform preventive measures, reduce identified risks and address causal factors of heavy-duty truck crashes,” according to FMCSA.
Public comment on the proposed data collection strategy and alternative methods to gather information are being collected by BTS through Nov. 3.
By the end of 2026, FMCSA plans to complete a design for the study, identify participant states and set final plans for data collection and analysis, plus implementation of confidentiality measures for personal interviews. It also aims to create a database of information.
Data collection is slated to take two years. From there, an analysis phase will be followed by preparation of a report and creation of a public database of anonymized crash data. FMCSA plans to release the report and launch the database by 2029. Partial findings may be released before that.
From 2016 to 2022, fatal crashes involving large trucks and buses in the United States increased 26.4%, according to FMCSA.
The CCFP aims to add to and expand on the earlier Large Truck Crash Causation Study, which was launched in 2001. That earlier study examined 967 crashes involving 1,127 large trucks and 959 non-truck motor vehicles. A total of 251 fatalities and 1,408 injuries were reported. Those crashes occurred from 2001 to 2003 at 24 sites in 17 states.
The goal was to report to Congress a review of causes of commercial vehicle crashes and devise preventive safety measures. The most recent LTCCS report to Congress, available on the program’s website, is dated March 2006. That report noted that while a large amount of descriptive data — including a 28-page driver interview form — was compiled, additional analysis was needed to identify specific crash risk factors. This CCFP aims to update that effort with a broader scope that includes more states, building-block phases of work and creation of the public database.
SJ Munoz
With efforts to implement autonomous vehicles increasing, where does safety factor in?
Missy Cummings, director of the Autonomy and Robotics Center at George Mason University, joined Trucking with OOIDA to discuss the topic.
“If not designed correctly, automation or autonomy can lead to some catastrophic events,” Cummings said. “While I was a fighter pilot in the 1990s and working with some of the most advanced automation, there was a problem with mode confusion then.”
Cummings’ recent research took aim at claims by autonomous vehicle developer Waymo, which has said its vehicles are safer than human drivers.
“I wanted to take a fresh look at the data that was coming to light through NHTSA and the California Waymo program,” Cummings said. “When you look at that data, it’s actually quite clear that Waymo’s claims are not true. They are more on par with rideshare drivers, who are having accidents four-to-six times more often than your average driver. That’s pretty concerning. But it’s not a direct and fair comparison. Waymo uses remote operators, unlike the average driver. So it’s not really fair to compare. I wanted people to understand this. We should not start making these comparisons, because they are not the same.”
The data did reveal some conclusive evidence.
“On any given month, Waymo is experiencing almost two times more rear-end collisions than your average driver,” Cummings said. “It’s quite clear there is a problem in self-driving cars with the computer vision system. Even (with) their augmented sensors like LiDAR, they will see things that aren’t there. This causes aggressive hard-braking maneuvers, much harder than your average driver is making. It’s one thing for a Toyota Sentra to slam on its brakes going 65 mph, but completely different for a tractor-trailer to do it. If we can’t figure out how to address the phantom braking problem, self-driving trucking is DOA.”
Artificial intelligence is not reasoning or thinking like a human, Cummings added.
“This is why you see videos of driverless vehicles going the wrong way down the street,” she said. “They struggle to get out of the situation they’re in. Fortunately, these types of instances are happening at a much lower rate than things like phantom braking.”
The goal for Cummings in her research is to find the sources of the problems and a viable solution.
“When the training models are developed, human annotators will typically cut off the tip so that the true shape does not get learned,” Cummings said. “The jury is still out on how much we can improve the training, or are we just going to have to use a different kind of sensor? It’s hard to make these technologies scale to operate at low and high speeds. I think Waymo has done a good job of showing how operations can be conducted, particularly at suburban speeds. I don’t want to take away from them. But it’s not clear that their solution is going to scale for highways.”
Cummings pointed to the situation with Aurora’s autonomous vehicle rollout as evidence.
“That (Aurora) failed rollout is exactly what I’m talking about,” Cummings said. I’d like to see this technology succeed. I run a robotics lab. I’m here to make the technology work. It’s not clear the theoretical underpinnings are going to work. If we can’t make sure these vehicles can detect object problems at highway speeds and act accordingly, self-driving trucking is never going to work. It’s also going to severely limit the self-driving car.”
The Commercial Vehicle Safety Alliance each year holds a Brake Safety Week to bring attention to brake-related issues.
Brake Safety Week is August 24-30. Commercial vehicle enforcement will be focusing on the importance of brake safety. This year, the focus is drums and rotors.
Brake drum and rotor issues can affect the braking efficiency of a truck. On top of that, broken pieces of drums and rotors could become dislodged and pose a danger to other vehicles.
During the Commercial Vehicle Safety Alliance annual Brake Safety Week, law enforcement personnel in Canada, Mexico and the U.S. conduct commercial motor vehicle inspections, educate drivers and motor carriers about the importance of brake safety, and provide brake inspection and violation data.
CVSA-certified inspectors will conduct routine commercial motor vehicle inspections throughout the week, focusing on brake systems and components.
Commercial motor vehicles found to have brake-related out-of-service violations, or any other out-of-service violations, will be removed from roadways until those violations are corrected.
Some jurisdictions will use performance-based brake testers (PBBT) to assess the braking performance of vehicles and submit PBBT-specific data to the Alliance. CVSA will collect and analyze all data and report the results publicly later this year.
Get Ready for Brake Safety Week With These Heavy Duty Trucking Articles:
We’ve pulled together 10 of our best articles and other content about brake maintenance to help you prepare for Brake Safety Week.
- Brake Maintenance, Done Right
- Why do Brake Defects Put so Many Trucks Out of Service?
- How to Measure and Improve Your Truck Brake Maintenance Program
- How to Maximize Air Disc Brake Life
- Are Your Techs Installing Air Disc Brake Calipers Correctly?
- 4 Questions About Brake Violations
- 9 Tips for Spec’ing, Maintaining & Inspecting Truck Brakes
- How to Get More Out of Commercial Driver Vehicle Inspections
- Don’t Fear the Blitz: How Truckers Can Own CVSA’s International Roadcheck
- Watch below: Are Your Brakes Ready for CVSA’s Brake Safety Week?
https://youtu.be/4jaCbeN_3b8
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.
ASECTT
FMCSA proposes to mandate that states adopt DataQs reforms
Among a package of “pro trucker” actions announced by DOT Secretary Sean Duffy on June 27, FMCSA is proposing revisions to the Motor Carrier Safety Assistance Program (MCSAP) aimed at ensuring that states provide due process for users of the DataQs system. In a Federal Register notice, the agency said the requirements “aim to improve the impartiality, timeliness, transparency, and fundamental fairness” of the process for handling requests for data review (RDRs). The proposed requirements would apply only to RDRs regarding state-owned data and would not apply to federally owned data.
FMCSA proposes that states adopt a multi-level review process for RDRs, escalating the review from DataQs analysts in state MCSAP lead agencies to responsible decision-makers or panels of subject matter experts. Each RDR would be evaluated based on the documentation and evidence provided by the submitter of the RDR, along with any state documents or evidence. Each state would be required to submit a DataQs Regulation and Enforcement Regulatory and Legislative Update – July 2025 2 Implementation Plan to FMCSA detailing how it will meet FMCSA’s requirements for each stage of the RDR review process. Among other things, states must establish points of contact for crash and inspection RDRs. They also must accept and conduct “a good faith review” of all inspection-related RDRs that are submitted within three years from the date of inspection or five years from the date of a crash.
The Federal Register notice outlines more detailed requirements that state implementation must meet. Comments are due September 2. For details of FMCSA’s proposed requirements to be met by states, see the Federal Register notice at https://www.federalregister.gov/d/2025-12059.
DOT to audit states’ management of non-domicile CDLs
DOT Secretary Sean Duffy announced on June 27 that the department is launching a nationwide audit into state practices in issuing non-domicile commercial driver’s licenses (CDLs) with a focus on ensuring that individuals obtaining CDLs are qualified and properly documented and that federal standards are being met across the U.S. In the same April 28 executive order demanding that failure to demonstrate adequate English language skills be restored to an out-of-service violation, President Trump directed DOT and the Federal Motor Carrier Safety Administration (FMCSA) to review non-domicile CDLs “to identify any unusual patterns or numbers or other irregularities.” The executive order further directed DOT and FMCSA to “evaluate and take appropriate actions to improve the effectiveness of current protocols for verifying the authenticity of both domestic and international commercial driving credentials.”
The ultimate objective of the audit is unclear. It is conceivable that DOT could determine that states are not able to ensure the validity of driver credentials for non-domicile CDLs, potentially resulting in regulatory or legislative action to bar the practice.
FMCSA and NHTSA withdraw joint rulemaking on speed limiters
Nearly a month after DOT Secretary Sean Duffy announced the department’s intent to do so, FMCSA and the National Highway Traffic Safety Administration formally withdrew their joint rulemaking published in September 2016 to require speed limiting devices on vehicles with gross vehicle weight ratings of more than 26,000 pounds. The action also withdraws an advance notice of supplemental rulemaking on the issue that FMCSA had published in May 2022.
In a Federal Register notice, NHTSA and FMCSA said that they “have determined that the 2016 NPRM lacks a sufficiently clear and compelling safety justification for its implementation and raises significant concerns regarding federalism.” The notice further states that the agencies’ “research and analyses contained significant data gaps regarding potential safety benefits and economic impacts, and information obtained through the public comment process did not provide the information necessary to proceed to a final rule.” For the Federal Register notice, visit https://www.federalregister.gov/d/2025-13928.
‘Pro trucker’ initiatives to include HOS pilot programs, double-brokering focus
In addition to regulatory items announced June 27, FMCSA announced other policies and initiatives it termed as being “pro-trucker.” For example, the FMCSA committed that it would not extend the electronic logging device (ELD) mandate to pre-2000 model year trucks, although it’s not clear that any effort to do so was likely anyway. The agency also said it was renewing its focus on combating unlawful double brokering, although it did not elaborate on what that would involve. However, the agency did say that it would release a modernized National Consumer Complaint Database (NCCDB) update by the end of September and that it would expand NCCDB complaint categories to include property brokers.
DOT and FMCSA also announced plans to conduct two new pilot programs to test changes in the hours-of-service regulations. One will allow drivers to split their 10-hour off-duty period into more flexible combinations. The other pilot program will allow drivers to pause their 14-hour on-duty periods for up to three 3 hours a day. FMCSA had announced plans for the 14-hour pause pilot program in the latter months of the first Trump administration, but the idea was not continued into the Biden administration.
FMCSA grants temporary waiver, guidance on electronic medical certification
States were required in June to integrate medical examiner certification electronically into the commercial driver’s licensing process, but FMCSA has issued a temporary waiver allowing CDL holders and carriers to continue to rely on paper copies for up to 15 days after the certificate is issued. The waiver is in effect until October 12. The agency said it recognizes that some drivers may face delays as certified medical examiners and state driver’s licensing agencies transition from the paper-based process. For more information on the rule, visit https://nationalregistry.fmcsa.dot.gov/nriilearning-center.
In announcing the rule’s implementation on June 23, FMCSA noted that 37 states were fully compliant with the new regulation. On July 7, the agency issued guidance for medical examiners, drivers, and motor carriers in states where the integration rule has not been fully implemented. For that guidance, visit https://www.fmcsa.dot.gov/guidance.
Propane group seeks winter-time HOS exemption
FMCSA requests public comment by August 15 on an application submitted by the National Propane Gas Association (NPGA) for an exemption from various hours-of-service (HOS) requirements between December 15 and March 15 each year to enable the propane industry to better prepare and respond to emergencies threatening human health and safety during the winter. The association requests an exemption to allow drivers to drive up to 12 hours per day and be on duty up to 15 hours per day, without weekly limits, and to replace the 34-hour restart with a 24-hour restart with prior notice by NPGA to FMCSA.
The original deadline for comments was July 31, but FMCSA extended the deadline 15 days following a request from the New York Department of Transportation, which had sought an extension until August 29. For the Federal Register notice, visit https://www.federalregister.gov/d/2025-12204.
Carrier wants to use alternatives to driver application requirements
FMCSA requests public comment by July 31 on an application submitted by CloudTrucks, LLC for an exemption from certain requirements of the application for employment regulations. Specifically, CloudTrucks seeks an exemption from the requirement to collect the following information from prospective drivers: (1) list of employers’ names and addresses; (2) dates of employment; (3) reason for leaving; (4) nature of the position the driver held, and (5) if the driver was subject to the alcohol and controlled substances testing requirements.
Instead, CloudTrucks proposes using its own verification process that consists of cross-referencing national databases to include HireRight’s Drive-A-Check (DAC) report, FMCSA’s Drug and Alcohol Clearinghouse (DACH), Pre-employment Screening Program (PSP), and the Commercial Driver’s License Information System (CDLIS). For the Federal Register notice, visit https://www.federalregister.gov/d/2025-12205.
FMCSA seeks comments on renewal of intermodal inspection exemption
FMCSA requests public comment by July 31 on an application from the Intermodal Association of North America to renew its exemption allowing individuals who complete a training program consistent with IANA’s Intermodal Recommended Practices to be considered qualified inspectors for the purposes of the periodic inspection rule or qualified brake inspectors for under the brake system inspection repair and maintenance requirements. For the Federal Reister notice, visit https://www.federalregister.gov/d/2025-12203.
FMCSA grants transit group partial relief on CDL skills test
FMCSA has granted in part but denied in part an application from the American Public Transportation Association (APTA) for an exemption on behalf of public transit agencies and their contractors related to the Regulatory and Legislative Update – July 2025 4 commercial driver’s license (CDL) skills test. Specifically, FMCSA is allowing state driver licensing agencies the option to waive the “under-the-hood” portion of the pre-trip vehicle inspection skills test under the condition that drivers issued CDLs are restricted to intrastate operation of transit buses. FMCSA rejected APTA’s application request to allow drivers issued a CDL under the exemption to operate in interstate commerce. For the Federal Register notice, visit https://www.federalregister.gov/d/2025-13283.
Budget reconciliation bill enacted without carrier selection language
The House of Representatives on July 3 passed the Senate-passed version of the budget reconciliation bill (H.R. 1), giving final passage to a version of the legislation that did not include the House provision that would have granted a safe harbor for brokers and forwarders in selecting motor carriers. President Trump signed the legislation – commonly known as the “One Big, Beautiful Bill” – on July 4.
It is unclear whether a more normal legislative process would have resulted in the adoption of the safe harbor language. Trump pushed lawmakers to pass the final version by the Fourth of July, so rather than having the traditional negotiation between key House and Senate leaders, the only practical option available was for the House to pass the Senate version of the bill, which did not include the provision. For more information on H.R. 1, visit https://www.congress.gov/bill/119th-congress/house-bill/1.
Senate committee to vote July 30 on FMCSA administrator nomination
The Senate Commerce Committee plans to vote July 30 on the nomination of Derek Barrs to be FMCSA administrator. Barrs is a former Florida Highway Patrol chief who most recently worked for the infrastructure development firm HNTB. He had served in various leadership roles within the Florida Department of Highway Safety and Motor Vehicles from 2001 to 2020. He also has served on the American Trucking Associations’ Law Enforcement Advisory Board and previously served as the Florida Highway Patrol’s lead representative to the Commercial Vehicle Safety Alliance.
The committee held a July 16 hearing regarding the nomination of Barr as well as individuals nominated to be administrators of the National Highway Traffic Safety Administration and the Pipeline and Hazardous Materials Safety Administration. To view a recording of the hearing, visit https://www.commerce.senate.gov/hearings.
Bill would count hair testing results as ‘actual knowledge’ of drug use
Rep. Rick Crawford (R-Arkansas), a senior member of the House Transportation & Infrastructure Committee, introduced legislation (H.R. 4320) that would require FMCSA to add positive hair drug testing results to its current definition of an employer’s “actual knowledge” of a truck driver’s drug use. Although the 2015 law known as the FAST Act recognized hair testing as an acceptable alternative to urine testing for purposes of pre employment testing of drivers, the Department of Health and Human Services still has not met its statutory obligation to issue the necessary regulations.
Under the bill, a positive result from hair testing would be recorded in the drug and alcohol clearinghouse as actual knowledge. For more on H.R. 4320, visit https://www.congress.gov/bill/119th-congress/house-bill/4320.
Bill would preempt state regulation of autonomous trucking
Rep. Vince Fong (R-California) introduced legislation (H.R. 4661) that would preempt state laws requiring a human occupant in an automated driving systems (ADS)-equipped commercial motor vehicle. The bill would Legislation Regulatory and Legislative Update – July 2025 5 mandate a federal framework for Level 4 or 5 automation and authorize interstate testing and operation of fully automated trucks without human or remote drivers onboard.
The legislation also would codify FMCSA’s 2018 interpretation that federal safety regulations don’t require a human driver. It would direct FMCSA to update rules by 2027 for ADS-equipped vehicles that would exempt fully autonomous trucks from human-specific requirements, such as hours of service and drug testing, for example. H.R. 4661 also would codify that a flashing, cab-mounted warning beacon may be used instead of warning triangles for disabled commercial vehicles, aligning with a 2023 FMCSA exemption request. For more on H.R. 4661, visit https://www.congress.gov/bill/119th-congress/house-bill/4661.
Sixth Circuit allows negligent selection claim to proceed against TQL
A second federal appeals court has ruled that the Federal Aviation Administration Authorization Act (FAAAA) does not preempt a negligent selection claim against a freight broker. On July 8, the U.S. Court of Appeals for the Sixth Circuit ruled that a claim that Total Quality Logistics ignored a carrier’s poor safety record rests on a theory of liability that “comports with the FAAAA’s recognition that motor vehicles are core to the services provided by brokers, as well as the basic reality that brokers are ultimately responsible for placing such motor vehicles on the road, even if those motor vehicles are driven and owned by a different entity.” The ruling sends the case back to the U.S. district court, which had ruled that the claim against TQL was preempted by FAAAA. For the court’s opinion, visit https://www.opn.ca6.uscourts.gov/opinions.pdf/25a0177p-06.pdf.
The latest ruling means that four federal appeals courts have ruled on the question of whether FAAAA’s exception allowing states to regulate the safety of motor vehicles applies to brokers that – unlike motor carriers – do not operate vehicles. The U.S. Court of Appeals for the Ninth Circuit also ruled in 2020 that such claims are not preempted, but since then two other federal appeals courts – the Eleventh Circuit and Seventh Circuit – have ruled that because brokers do not operate vehicles, plaintiffs cannot rely on FAAAA’s safety exception. The U.S. Supreme Court previously declined to review the Ninth Circuit’s ruling, but a clear split among courts might lead the court eventually to consider the scope of FAAA preemption.
