Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Senate Highway Reauthorization Draft Addresses Truck Safety Issues

The Senate is considering truck safety legislation that would buttress a number of regulatory reforms under way at the Department of Transportation, such as an electronic onboard recorder mandate and mandatory 65-mph speed limiters, and give the agency more authority in a number of areas

by Staff
August 18, 2011
Senate Highway Reauthorization Draft Addresses Truck Safety Issues

 

4 min to read


The Senate is considering truck safety legislation that would buttress a number of regulatory reforms under way at the Department of Transportation, such as an electronic onboard recorder mandate and mandatory 65-mph speed limiters, and give the agency more authority in a number of areas.



The draft safety title of pending legislation to reauthorize the federal highway program lays out a broad agenda for the Federal Motor Carrier Safety Administration. Many of the dozens of provisions already are in development, but the draft does give the agency additional authority in a number of areas.

It would strengthen FMCSA's ability to revoke the registration of a carrier, forwarder or broker that has "reincarnated" itself under a different identity after having been sanctioned for safety violations. Carriers and managers found to have repeatedly dodged compliance requirements also would be subject to sanctions.

It would toughen barriers to entry by requiring would-be carriers to submit a comprehensive safety management plan and pass a written exam covering safety regulations. And it would require the agency to conduct a safety review of a new entrant within a year of registration.

Picking up on an issue put forward by the owner-operator segment of the industry, the draft calls for a study of how detention time affects hours of service violations and driver fatigue. The study would be conducted by the Motor Carrier Safety Advisory Committee, a panel of officials from the industry, the enforcement community and labor and safety advocacy groups to which the agency turns for feedback and ideas on industry issues.

The draft orders DOT to study the need for a heavy truck crashworthiness standard, covering roof and pillar strength, air bags and front and back wall standards. This follows a call for such a standard from American Trucking Associations and the Owner-Operator Independent Drivers Association.

Speed and logs

The speed limiter provision in the draft, which would require 65-mph limiters, is similar to a rule now under way at the National Highway Traffic Safety Administration at the request of the American Trucking Associations and a truck safety group, Road Safe America. The one difference is that ATA has requested the retrofit requirement go back to 1992, rather than 1990 as the draft specifies. ATA and truck safety advocates are united behind this idea, but OOIDA is strongly against it.

The EOBR language in the draft addresses a range of technical issues that have arisen around FMCSA's ongoing rulemaking. It also sets tougher standards for driver identification and data security, and would require the agency to set up a certification process to make sure the devices on the market comply with these requirements. Further details on these points will emerge later in August when the Motor Carrier Safety Advisory Committee, which has been studying the issue, makes its recommendations to FMCSA.

Several provisions in the draft address safety concerns about Canadian carriers. One says that if a Canadian agency prohibits a Canadian carrier from operating in that country, then FMCSA has the authority do the same in the U.S. Another says U.S. officials may negotiate with Canadian officials to provide reciprocal recognition of each country's fitness determination. And a third requires states to report convictions of Canadian drivers to a federal database.

Safety fitness

The draft tells FMCSA to get on with the safety fitness rule that is the next step in CSA safety enforcement process, ordering the agency to act by the end of the year to put an interim safety fitness methodology in place.

In other provisions the draft sets up a safety fitness rating system under which drivers who do not meet standards can be prohibited from driving for up to a year. And it requires the agency to review carriers who fall among the most high-risk carriers in the CSA database for two months in a row.

The draft tells FMCSA to set up a CDL notification system, in which employers would have to check each driver's violation record with the state DMV at least once a year. Also, states would have to notify employers if a driver's license status changes due to legal actions such as a conviction for a moving violation, an accident or a license suspension.

The draft also addresses a number of ongoing rulemakings, such as driver training, the license program, and the national clearinghouse for drug and alcohol test results.

Long way to go

This proposal is a long way from passage. It has yet to be voted on by the Senate Surface Transportation Subcommittee, which is chaired by Sen. Frank Lautenberg, D-N.J., or the full committee. Even if it clears those hurdles in its present form, it would have to be reconciled with the House version of the safety title, which still is being written.

More important, it is not likely that Congress will be able to pass reauthorization legislation by the end of September when the current extension expires.

The Senate is working on a two-year reauthorization funded at current levels, while the House Transportation and Infrastructure Committee opted for a six-year bill that cuts funding by 36%. These huge differences would be hard to overcome in the month's time that will be available after Congress returns from summer recess, even if there were no differences over taxation, budget cuts, stimulus investment and the 2012 presidential election.

More Drivers

Two men in jackets with Homeland Security indicated on the back, standing in a parking lot looking toward a building with trucks in front of it
Driversby Deborah LockridgeSeptember 1, 2026

FMCSA Removes 110 Truck Driver Training Schools from Certified ELDT List

Federal regulators also are targeting more than 160 additional training providers and launching a nationwide audit of third-party CDL skills testers as part of a broader crackdown on trucking fraud.

Read More →
Illustration of tired truck driver, electronic logging device, and traffic congestion

Hours of Service Pilot Programs: FMCSA Readies for 2027 Rollout

Two pilot programs could eventually reshape hours-of-service rules, giving truck drivers options to pause their 14-hour clock or use longer split sleeper rest periods.

Read More →
Illustration with safety cones in background, Roadcheck logo, cargo tiedowns, and officer checking driver logs
Safety & Complianceby Deborah LockridgeAugust 26, 2026

Medical Cards, English Proficiency Reshape Roadcheck Violations

Medical-card violations jumped to the top of the driver out-of-service list during CVSA’s 2026 International Roadcheck, while English-language proficiency violations appeared among the leading violations for the first time.

Read More →
Ad Loading...
Illustration of data privacy, big brother concept, and truck driver behind the wheel
Safety & Complianceby Deborah LockridgeAugust 17, 2026

Driver Trust Can Make or Break the Success of Fleet Safety Technology

New Teletrac Navman research suggests that onboarding, transparency about driver data, and positive feedback can play a significant role in how commercial drivers respond to safety and coaching technology.

Read More →
Illustration incorporating a gavel, the back of a driver training trailer, and art showing a blue female shape standing out in a row of male shapes.
Driversby StaffAugust 11, 2026

EEOC Sues KLLM Over Alleged Sex Discrimination in Driver Training

KLLM is facing a federal sex-discrimination lawsuit over policies the EEOC alleges put female truck driver trainees at a disadvantage.

Read More →
Safety & Complianceby Deborah LockridgeAugust 10, 2026

FMCSA Moves to Codify English Language Requirements for Commercial Drivers

By changing regulations on English-language proficiency requirements for commercial drivers, rather than relying on a guidance memo, the FMCSA said future administrations won't be able to walk back the Trump administration's stricter enforcement with just a memo.

Read More →
Ad Loading...
YouTube thumbnail showing two Western Star trucks with the text "Behind the Experience: Western Star Star Nation"
Equipmentby Lauren FletcherAugust 3, 2026

Drivers Put Western Star Trucks to the Test at Star Nation Experience

Watch to get an inside look at the Western Star trucks, technology, and community behind the Star Nation Experience 2026!

Read More →
American flag in background with photos of military truck and Freedom Haulers ad graphic
Driversby Deborah LockridgeJuly 30, 2026

Trump Administration Looks to Put More Veterans Behind the Wheel

The Freedom Haulers program pulls together existing and expanded programs at several federal agencies to recruit veterans to drive commercial heavy-duty trucks and cut the red tape for them to get a CDL, training, and employment.

Read More →
Equipmentby Jim ParkJuly 30, 2026

Putting Mack’s Command Steer to the Test

A test drive of Mack’s Command Steer active steering system evaluates how it can make truck driving easier and less tiring.

Read More →
Ad Loading...
Truck driver behind the wheel with illustration overlaid of someone handing out cash
Driversby Deborah LockridgeJuly 28, 2026

Competition Heating Up for Truck Drivers

New report reveals rising driver hiring costs, the return of sign-on bonuses, growing AI advantages, and the operational factors shaping driver retention.

Read More →