WASHINGTON, — An proposed regulation that would have required cross-border carriers to display an OEM-applied label on trucks entering the US has been withdrawn by the Federal Motor Carrier Safety Administration.
The agency scraped the 2002 proposal — which would have required documentation of the vehicle’s compliance with all applicable Federal Motor Vehicle Safety Standards (FMVSSs) as of the date of manufacture — after consultation with stakeholders and trade association from all three NAFTA countries. Although the rule would have applied to all CMVs operated in the US, its greatest impact would have been on motor carriers domiciled in Canada and Mexico, FMCSA admits.

Most of the commentators expressed concern that the proposal would require a complex and difficult-to-implement process involving replacement of compliance labels and re-creation of manufacturers’ performance test documentation for vehicles long in use. Many also noted this would not address the fundamentals of what is necessary to ensure CMVs operate safely.

FMCSA agreed with the Canadian perspective for the most part — although the agency will still implement new enforcement measures regarding Mexican carriers and vehicles and plans to crack down on Mexican vehicles falsely certified as FMVSS compliant.

“In withdrawing the (proposed rule), we conclude the proposed FMVSS certification label requirement is not necessary to ensure the safe operation of CMVs on our nation’s highways,” the FMCSA stated. “Vehicles operated by Canada-domiciled motor carriers meet Canadian Motor Vehicle Safety Standards (CMVSSs), which are consistent with the FMVSSs in all significant respects.”

Furthermore, FMCSA has concluded that FMVSS compliance would be most effectively achieved through enforcement measures and existing regulations, thereby making additional FMVSS certification-labeling regulation unnecessary.

Just about every major North American carrier, truck manufacturing, and equipment association weighed in on the issue, including the Canadian Transportation Equipment Association; the Canadian Trucking Alliance; the Canadian Vehicle Manufacturers Association; Manitoba Transportation and Government Services; and the North American safety agency the Commercial Vehicle Safety Alliance.

They questioned the safety benefits of requiring a certification label, given that all CMVs operated in the US are required both to comply with the FMCSRs and to pass roadside inspections conducted by safety officials. “Implementation of the NPRM would not resolve any safety issues, but instead would create a significant economic effect on cross-border trade, and domestic commercial transportation,” CVSA stated.

CTEA, a trade association representing vehicle and equipment manufacturers and the provider of a label service to Canadian and U.S. commercial motor vehicle manufacturers, was encouraged that FMCSA addressed the issue of certification compliance labels. CTEA believes, however, the most effective way to improve CMV roadworthiness is for operators to adhere to manufacturers’ maintenance schedules and practices, and for recommended inspection procedures to be used.

The only major differences between the U.S. and Canadian manufacturing standards are the effective dates (also called compliance dates) for the requirements for antilock brake systems (ABS) and automatic brake adjusters, noted the Truck Manufacturers Association. Since all vehicles operating in the US must comply with the FMCSRs for automatic brake adjusters and ABS applicable at the time the vehicle was manufactured, the different compliance dates for U.S. and Canadian standards are moot, it added.

CVSA and the Canadian Trucking Alliance strongly encouraged the US Department of Transportation to consider developing a reciprocity agreement with Canada since Canada’s commercial vehicle safety standards are virtually identical to the FMVSSs. In fact, as Manitoba officials noted, some Canadian standards are “more stringent than the U.S. standards,” citing requirements for daytime running lights and underride protection as examples.

For the most part FMCSA agreed with Canadian commentators that the “30-year history of close and effective collaboration” with the US to develop and implement CMV manufacturing and operating standards is efficient.