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Challenges for Fleet Managers
Fleet managers have been grappling with issues related to the certification labels on trailer rear-impact guards. Despite their small size, these labels are crucial, as their presence can mean the difference between regulatory compliance and potential violations that could cause significant concern for fleet management.
Label Damage and Manufacturer Reluctance
As trailers travel, labels often become damaged or obliterated from road debris and general wear, yet manufacturers have been slow to offer replacements. This leaves fleets in a challenging spot, risking citations or needing to retire compliant rear-impact guards due to missing labels.
Regulatory Developments
The concerns have led the Commercial Vehicle Safety Alliance (CVSA) to request that the Federal Motor Carrier Safety Administration (FMCSA) reconsider its regulations regarding these labels. Although FMCSA denied the petition, in December, they stated that a missing or insufficient trailer rear-impact guard certification label will not automatically be seen as a violation of the regulation requiring it.
Implications of FMCSA’s Guidance
Citing the FMCSA’s newly provided guidance, CVSA’s director of inspection programs, Kerri Wirachowsky, reassured that fleets would not face violations as long as this guidance is upheld. The new guidance aligns with CVSA’s long-standing policy that labels that are illegible, incomplete, or absent do not imply that a guard fails to satisfy federal safety standards.
Push for Permanent Rule Changes
Wirachowsky indicated that the CVSA still seeks a formal change to the rule. “We aim to have this particular section permanently removed from regulation, as guidance can be inconsistent and easily overlooked,” she explained. Meanwhile, American Trucking Associations (ATA) would also prefer a definitive resolution, although achieving it is a time-consuming process. The FMCSA previously took five years to respond to CVSA’s original request made in 2019.
Real-World Impact on Fleets
The potential enforcement of this rule could have significant consequences for fleet operators. Many feared that they would have to replace entire bumpers unnecessarily and incur substantial costs. Nussbaum Transportation executives noted that their fleet faced non-compliance issues due to label degradation, complicating their operational challenges and potentially impacting their compliance safety accountability scores.
