The Federal Motor Carrier Safety Administration aims to implement a new requirement for electronic IDs on commercial motor vehicles by the end of the year.
According to the U.S. Department of Transportation’s Spring 2023 Unified Regulatory Agenda, the agency plans to announce a proposed rulemaking in November.
“FMCSA requests public comment on potential amendments to the Federal Motor Carrier Safety Regulations to require every commercial motor vehicle operating in interstate commerce to be equipped with an electronic device capable of communicating a unique identification number when queried by a roadside system,” the agency wrote in a summary of the rulemaking.
In 2022, FMCSA initiated the rulemaking process by releasing an advance notice of proposed rulemaking. This notice invited the public to provide input on the potential requirement. The agency’s regulatory agenda confirms their intent to proceed with a formal proposal. The proposal aims to facilitate enforcement agencies in directing their attention towards carriers and drivers considered to be high-risk.
The proposal to implement electronic identification (ID) in commercial vehicles dates back to 2010. The Commercial Vehicle Safety Alliance (CVSA) had requested the mandate, stating that it would improve efficiency and effectiveness in the roadside inspection program.
In 2013, the Federal Motor Carrier Safety Administration (FMCSA) denied the petition due to a lack of information regarding the costs and benefits associated with implementing electronic ID. In response to FMCSA’s concerns, CVSA filed a petition for reconsideration in 2015.
FMCSA accepted the second petition in November 2015 and committed to initiating a rulemaking process. This process began in 2022, and the agency intends to proceed with the next steps later this year.
Over 2,000 comments were received in response to the advance notice of proposed rulemaking on electronic IDs for trucks. A significant number came from individual truck drivers who strongly opposed this requirement, considering it as yet another instance of excessive government control.
The Owner-Operator Independent Drivers Association (OOIDA) officially voiced their opposition to the electronic ID mandate in their comments from November 2022, declaring it an unjustified interference with truckers’ rights.
“OOIDA and our members oppose this proposal in the strongest possible terms,” the Association wrote in formal comments to the Federal Motor Carrier Safety Administration. “Our members have been extremely clear that this concept is an unwarranted intrusion into their privacy, as well as an overly costly and burdensome requirement that does nothing to improve their efficiency or safety.”
The Association strongly opposes electronic IDs and automated surveillance, as communicated in a recent letter to the Office of Science and Technology Policy. In response to a request for public feedback on automated surveillance and worker management, OOIDA expressed their disapproval of placing trackers on truckers.
“Due to the absence of any research demonstrating how this technology would improve safety, the motivation for pursuing this rulemaking appears to be nothing more than adding convenience for the enforcement agencies. This creates concerns about the potential for unreasonable search and seizure violation of drivers’ privacy rights under the Fourth Amendment to the U.S. Constitution.”
Source: Land Line
