With the upcoming U.S. presidential election, trucking industry stakeholders are bracing for potential regulatory changes that could reshape the sector, according to Dave Heller, senior vice-president of safety and government affairs at the Truckload Carriers Association (TCA).

Speaking at the Fleet Safety Council conference in Brampton, Ont., he outlined concerns over the adoption timeline for battery-electric vehicles (BEVs), delays in speed limiter regulations, and unresolved issues around safety fitness determinations and minimum liability insurance — all of which could be influenced by the election outcome.

Heller added that the current Infrastructure Investment and Jobs Act, signed by President Joe Biden in 2021, will expire in 2026, and the election outcome will determine what happens next.

“This is the most polarizing election in the history of the United States, period,” Heller said. “But one thing I can tell you is it’s not just the presidential election we have to talk about, it’s [also] what’s going on in the White House and what’s going on in the Senate. Because, guess what? They’re all involved in the regulation and legislation that trucking deals with on a daily, very daily basis.”

Heller said that BEVs will likely be one of the biggest topics of conversation that the trucking industry will have with Congress in 2025, adding that the timeline set for BEV adoption — by 2030 — is “a little ridiculous,” arguing that it doesn’t align with the industry’s readiness.

Costs are high, infrastructure requirements substantial

Heller also pointed out the price difference between traditional diesel-powered trucks and the new ZEVs, saying that for the industry to fully transition to ZEVs, up to $1 trillion will be needed for an infrastructure investment to support new technologies, charging stations, and power grid upgrades.

This number excludes vehicles’ costs, which fleets have to bear.

While a new diesel power engine will cost around US$180,000, a brand-new zero-emission vehicle can cost as much as US$450,000. This significant cost increase — more than double — poses a major challenge for carriers mandated to make this transition.

Heller added that the U.S. is currently not producing enough electricity, which further complicates the industry’s ambitious sustainability goals.

“Right now, in order for the commercial motor vehicle fleet across the United States to be fully electrified, we would need a 40% increase in electricity output. It is a stretch in our country to get a 1% increase. There is no doubt about it.”

Safety is also a concern, with Heller referencing a recent battery fire in California, saying it took 50,000 gallons of water to put the fire out.

“You can’t just douse these with water, and that’s not very environmentally friendly when you’re [using] that kind of water to put out a fire,” he said, highlighting the need for government-led initiatives to develop emergency response guidelines and improve training for those handling these vehicles to mitigate the risks associated with their batteries.

Speed limiters

Heller also mentioned the rulemaking process for speed limiters in the U.S. when speaking about challenges, citing the delays and uncertainty that continue to cloud the issue. The Federal Motor Carrier Safety Administration (FMCSA) has repeatedly missed its own deadlines for issuing a speed limiter rule, he said.

“They have two previous deadlines: they had a December 2023 deadline, [and] they had a May 2024 deadline that they haven’t hit,” Heller said. FMCSA now projects a May 2025 deadline, but Heller expressed skepticism about whether the upcoming election could impact the timeline.

“What speeds are they looking to eliminate? That we don’t know yet…But the bigger question is, how is the election going to impact this rulemaking?” he said. “If one side wins, we may not see this rule whatsoever.”

Heller contrasted the situation in the U.S. with Canada, specifically referencing Ontario’s experience with speed limiters. Since implementing mandatory speed limiters in 2008, Ontario has seen a 73% reduction in speed-related crashes.

Minimum liability insurance

Another regulatory gap Heller highlighted is the minimum liability insurance requirement for motor carriers, which has remained unchanged since the 1980s and will play into the next highway bill.

Currently set at $750,000, Heller said this amount is outdated and insufficient to cover today’s accident costs. Medical bills and damage costs have significantly increased since then, and the minimum liability insurance needs to reflect these changes, he said, calling on an update to protect carriers and their drivers better, noting that any such adjustment will be contingent upon legislative support in the next Congress.

However, he pointed out there is a lack of consensus among carriers on what the appropriate minimum liability insurance level should be, with various proposals ranging from $1 million to $5.9 million.

Safety fitness determination

There could also be a new process regarding carriers’ safety fitness determination. FMCSA is proposing a new process because the current rules only affect a small number of carriers, Heller said.

In 2019, only 2% of motor carriers were issued a safety fitness determination out of 467,000 registered. Right now roughly 650,000 motor carriers are operating in the U.S. with no safety rating. Heller said that this might be an area of focus in the next Congress and legislative session.

RTD process for drivers in the Clearinghouse

The issue of the Drug and Alcohol Clearinghouse and the return-to-duty (RTD) process for drivers who have tested positive for drugs or alcohol remains open, too.

While the clearinghouse has played an important role in improving safety by identifying and removing drug-using drivers from the road, Heller pointed out that the RTD process remains cumbersome and time-consuming.

Drivers who complete the necessary steps to get back on the road are often stuck in a lengthy process that can take months. This delay not only impacts the availability of drivers but also places a financial burden on fleets trying to remain compliant while awaiting drivers’ return.

“Clearinghouse rule is coming out [on Nov. 18]. It’s where the state licensing associations will actually remove or put the CDL prohibitive status if a driver has tested positive and has not completed the return to duty process,” Heller said, adding that 135,000 drivers in the U.S. have not started the RTD process. “We believe that they are no longer in the longhaul trucking segment of the industry and they may be delivering pizzas or Amazon packages.”

The issue escalates further with marijuana being proposed to be rescheduled from a Schedule 1 drug, to Schedule III, which is considered less dangerous and without potential for abuse.