David Heller, VP of government affairs for TCA, expressed curiosity about the relevance of past practices, noting to FleetOwner, “It may not be tied to a specific agency. For instance, two DOT regulations could be revoked even if they don’t impact trucking, to make way for a new regulation that does.”
The “two-for-one” regulatory order had limited effects on new regulatory expenses, and Trump might consider a bolder approach in his next term. In December, he hinted at a “ten-for-one” order for future regulations.
Transportation agencies will not pause in their regulatory efforts, even amid a slow period. Significant new rules are on the horizon that could influence commercial carriers. Fleet managers should monitor the following regulations as they roll out in 2025.
Broker Transparency
The FMCSA is expected to finalize a rule regarding broker transparency in 2025. A notice of proposed rulemaking titled “Transparency in Property Broker Transactions” was released in November 2024, aimed at making it harder for brokers to evade record-keeping obligations to carriers. Despite legal rights to access brokers’ transaction records, brokers devise strategies to sidestep full disclosure, using contract waivers, slow paperwork, and subtle threats of retaliation. While the NPRM proposed steps to mitigate brokers’ paperwork tactics, it overlooked addressing contract waivers or retaliation concerns. According to Scopelitis’s Sharma, broker transparency represents a significant regulatory intrusion but is still likely to have support under a potential second Trump administration.
Independent Contractor Rule
The independent contractor rule by the U.S. Department of Labor, which defines the distinction between employees and contractors under the Fair Labor Standards Act, is a contentious issue within trucking. The Trump administration’s DOL defined this difference in 2020 in a way that favored a simpler contractor status, diverging from existing legal precedents. The Biden administration reversed this interpretation in 2024. The current Trump administration may reinstate the 2020 rule definition. Heller expects a return to supportive measures for independent contractors, although this Trump term presents new uncertainties regarding labor issues.
CSA Scores
The FMCSA is in the process of revamping its Compliance, Safety, Accountability (CSA) program. Major revisions to CSA scores were proposed in early 2023, with further announcements made in December 2024, and a final rule is anticipated in 2025. CSA scores play a crucial role in fleet operations, affecting client relationships, insurance rates, and federal scrutiny. Stakeholders often criticize these scores for regional enforcement discrepancies. Heller emphasized the need for accurate safety measurements at the carrier level to eliminate geographical biases, which remains a challenge even with recent updates.
Crash Preventability Determination Program
FMCSA is also working on updating its Crash Preventability Determination Program, aimed at classifying non-preventable crashes so they do not impact a carrier’s CSA score. The program expanded in 2020 and has continually evolved. The latest update, introduced in December, added four new crash classifications, including incidents where another driver lost control and where video evidence is available. Eckhart highlighted that the inclusion of video evidence is a notable enhancement in the program.
Speed Limiters
The FMCSA and NHTSA continue to collaborate on a rule to mandate speed limiters for heavy vehicles, a proposal first initiated in 2016. Despite promises of an upcoming supplementary notice of proposed rulemaking by mid-2025, prior setbacks have delayed this mandate repeatedly. Uncertainty remains regarding the precise speed limit that might be proposed; initial discussions suggested 68 mph but this has since been withdrawn. Heller expressed skepticism about the progress of this rulemaking given its history of delays.
AEB Mandate and Carrier Registration System
The FMCSA and NHTSA are working on regulations to require automatic emergency braking (AEB) systems in new heavy trucks, with a potential final rule in 2025. The AEB systems are already prevalent among large carriers, creating an expectation that innovation may outpace regulation. Additionally, FMCSA is developing a new online carrier registration system, aimed at streamlining the registration process and combating fraud through enhanced verification methods. The new FMCSA Registration System (FRS) is anticipated to be launched in 2025, following the challenges faced with its predecessor, the Unified Registration System.
