NTTC comments on FMCSA regulatory initiatives

National Tank Truck Carriers staff recently submitted seven letters to the Federal Motor Carrier Safety Administration on a variety of rulemakings and exemption issues available for public comment, including a proposed exception for hazmat trucks at railroad crossings, certification requirements for rear-impact guards, and the usage of electronic driver vehicle inspection reports.

Regarding railroad-grade crossings, FMCSA proposes to amend the regulations related to driving a commercial motor vehicle at railroad-grade crossings. Currently, drivers of certain CMVs, including those transporting hazardous materials, are required to stop before crossing a railroad track unless an exception applies, such as when the crossing is controlled by a functioning highway traffic signal transmitting a green indication. The agency proposes adding a similar exception for railroad crossings equipped with an active warning device that is not in an activated state.

In its comments posted July 23, NTTC asserts that, due to the increase of accidents caused by distracted driving, “the likelihood of a collision between a tank truck and a locomotive at a grade crossing in 2025 is substantially lower than the likelihood of a rear-end collision between a tank truck and another motorist at the same grade crossing.” The association’s carrier members agree, reporting that the “prevalence of visual or cognitive distractions by the motoring public have resulted in substantial increases in rear-end collisions when a tank truck is stopping or fully stopped at a grade crossing in compliance with [CFR] § 392.10.”

Therefore, NTTC advocates for “a risk-based approach” that permits certain crossings to be exempted from stopping where it is deemed safe.

“By eliminating unnecessary stops, this reform would prioritize highway safety with the added benefits of delay reduction and congestion mitigation,” Will Lusk, NTTC director of education and government relations, wrote in the letter. “NTTC believes that regulatory standards should evolve to reflect modern traffic data and risk assessment practices.

“Therefore, NTTC supports the FMCSA proposal to allow HM trucks to proceed through an active warning device-equipped, railroad-grade crossing without stopping where the warning device is not in activated state. This will reduce rear-end collisions at grade crossings, thereby enhancing highway safety.”

The trade association also supports FMCSA’s proposal to eliminate regulations that require the rear impact guard be permanently marked or labeled with a certification from the impact guard manufacturer because “tank truck carriers have indicated that they are unable to have manufacturers reproduce missing or damaged labels, resulting in unpreventable and unjustified violations;” and FMCSA’s effort to clarify driver vehicle inspection reports (DVIRs) can be completed electronically, which will “encourage motor carriers and drivers to utilize electronic, cost-saving methods when completing DVIRs,” the association said.

NTTC also submitted letters, all fully vetted by the association’s Safety and Security Council, on the following issues:

• Retroreflective sheeting on semitrailers and trailers: Federal regulations require retroreflective sheeting on semitrailers and trailers manufactured prior to December 1, 1993 which predates NHTSA conspicuity rules. FMCSA believes the vast majority of trailers currently in use on the Nation's highways were manufactured after 1993 so the retrofitting rule is no longer necessary. NTTC agrees with FMCSA’s opinion, and believes that all cargo tanks in use currently abide by modern conspicuity standards.
• Spare fuses: FMCSA proposes to remove the requirement for CMVs to be equipped with at least one spare fuse for each type and size of fuse needed for the parts and accessories of the vehicle. NTTC believes that this regulation is outdated, as drivers performing this function is exceedingly rare. NTTC supports FMCSA’s proposal to eliminate this unnecessary regulation.
• Removal of obsolete references to “water carriers”: FMCSA proposes to remove all obsolete references to “water carriers” in the FMCSA regulations. FMCSA does not specifically regulate water carriers except to the extent that such carriers also engage in motor carrier operations. NTTC agrees that regulatory references to “water carriers” are left over from predecessor agencies, and have no practical function today.
• Propane hours-of-service relief: Citing extreme winter weather conditions and long lines at fuel terminals, FMCSA is considering a petition to allow propane drivers to (1) drive up to 12 hours per day and be on duty up to 15 hours per day, without weekly limits, and (2) to replace the 34-hour restart with a 24-hour restart. NTTC is opposed to this petition due to considerable safety and legal concerns. NTTC is not convinced that its members would utilize this relief if granted.