U.S. Legislative Issues

On June 2, 2015, the National Highway Traffic Safety Administration (NHTSA) finalized a long-awaited rule that would require heavy trucks and large buses exceeding 26,000 pounds in gross weight to include electronic stability control (ESC) systems. The rule, which will affect most Classes 7-8 trucks, will take effect in two years. The requirement will take effect in three years for buses larger than 33,000 pounds and four years for those weighing between 26,000 and 33,000 pounds.  Specifically, the rule mandates that trucks have ESC systems to activate braking automatically to lessen swerving and rollover accidents. Compliance will be tested using a "J-turn" test that replicates a curved highway off-ramp.  

The National Transportation Safety Board has recommended a requirement for ESC systems on heavy-duty vehicles since 2011. MAP-21, the federal highway law enacted in 2012, directed NHTSA to consider an ESC system requirement for motorcoaches, which are covered in this rule. A rule requiring ESC systems for light-duty vehicles, including all passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of 10,000 pounds or less, took effect in 2012. NHTSA officials say ESC systems will help prevent up to 49 fatalities, 649 injuries, and 1,759 crashes annually.

On June 4, 2015, the National Highway Traffic Safety Administration (NHTSA) joined with members of Congress, safety advocates and industry representatives at the Department of Transportation’s (DOT) headquarters to highlight advances in the Driver Alcohol Detection System for Safety (DADSS) program, a research partnership between NHTSA and an industry consortium to develop alcohol detection technology that could prevent drunk drivers from operating a vehicle.

As part of the event, NHTSA Administrator Mark Rosekind presented two prototypes of the DADSS.  One model detects alcohol particles in the driver's breath. It is similar to ignition interlock devices currently used by 25 states for drunk driving offenders, but instead of requiring the driver to blow into a breathalyzer, DADSS takes noninvasive air samples. The other DADSS model determines blood alcohol content by touch: it shines a light on the driver's finger and uses near-infrared tissue spectroscopy to ascertain how much the person has had to drink. If the driver's blood alcohol content is above 0.08, the car's engine won't start.  

NHTSA does not plan to make DADSS mandatory for all vehicles. Instead, it would be offered by automakers as an upgrade. NHTSA’s goal is to complete the project within the next five years, but automakers say it could take upwards of eight years.

The Insurance Institute for Highway Safety estimates that the new technology could save approximately 7,000 lives per year. Congress is currently considering legislation to extend federal funding for DADSS research.

Earlier this year, the Federal Motor Carrier Safety Administration (FMCSA) established the Entry-Level Driver Training Advisory Committee to conduct a negotiated rulemaking on entry-level driver training for drivers of commercial motor vehicles. After a series of meetings spanning three months, the Advisory Committee voted 24-2 to recommend to FMCSA that entry-level truck drivers be required to log at least 30 hours behind the wheel. Of those 30 hours, the Committee recommended that learners spend at least 10 hours on the road and 10 hours on a range. The panel also recommended that FMCSA establish a national registry of driver trainers similar to what it already has for medical examiners.

The FMCSA does not have to accept the recommendations, but Larry Minor, FMCSA’s Associate Administrator for Policy said he believed the agency most likely would. Minor also suggested that FMCSA will use the recommendations as part of a proposed rule, making changes informed by public comment if necessary. FMCSA is aiming for an October 15, 2015 publication date for the proposed rule.

Following acknowledgement by Takata that airbag inflators it produced for certain vehicles were faulty, the U.S. Department of Transportation (DOT) announced the nationwide recall of 33.8 million vehicles, the largest ever issued. The National Highway Traffic Safety Administration (NHTSA) wants to accelerate the process, which could take more than two years to complete at the current pace of production replacement parts. As part of this effort, NHTSA issued a formal request for public comments regarding how it can most effectively exercise its authority with respect to prioritizing, organizing, and phasing recall and remedy programs involving the defective Takata air bag inflators, and methods for ensuring that manufacturers and Takata achieve satisfactory recall/remedy completion rates.

NAFA has connected with NHTSA to request that fleet managers be a part of any conversation at the earliest point involving the organization and prioritization of recall and remedy programs.