FMCSA issues rash of proposed rules

On May 27, 2025, the Federal Motor Carrier Safety Administration (FMCSA) filed two finalized rules and eighteen proposed rules for public inspection in the Federal Register, set for publication on May 30, 2025.

According to the agency, these updates strengthen commercial motor vehicle (CMV) safety, streamline driver qualifications, and reduce regulatory burdens while ensuring compliance with federal standards. What follows is a brief summary of each regulatory action, including effective dates for the final rules, comment periods for the proposed rules, and likely impact of each.

Final Rules

FMCSA issued two final rules, both set to take effect upon publication on May 30, 2025.

1. Civil Penalties

The Civil Penalties rule amends 49 CFR part 386, Appendix B(a)(1), by removing an erroneous reference to 49 CFR part 40 (DOT drug and alcohol testing rules). It now references only 49 CFR part 382, clarifying that recordkeeping violations for controlled substances and alcohol testing are enforced under part 382. This technical correction streamlines enforcement without altering penalties (up to $1,584 per day, maximum $15,846 per violation) or safety requirements.

Effective Date: May 30, 2025.

2. Motor Carrier Routing

The Motor Carrier Routing rule repeals 49 CFR part 356, which imposed routing requirements for for-hire motor carriers serving municipalities and unincorporated areas. These regulations, inherited from the Interstate Commerce Commission, exceed FMCSA’s authority under 49 U.S.C. 13902, making them unlawful and obsolete. The repeal enhances routing flexibility without compromising safety. Effective Date: May 30, 2025.

Proposed Rules

The FMCSA is proposing 18 new rules. Each will be open to public comment for a period of time after their publication in the Federal Register.

1. Accident Reporting: Modification to the Definition of the Term "Medical Treatment"

The Accident Reporting proposed rule would amend 49 CFR §§ 390.5 and 390.5T to revise the definition of “medical treatment” for accident reporting. It codifies 2022 guidance (87 FR 10895), excluding diagnostic imaging (e.g., X-rays, CT scans) from “medical treatment” and requiring interventions like prescription medication to constitute a DOT-recordable accident. This reduces reporting for incidents involving only diagnostics, easing administrative burdens.

Comment Period: Open until July 29, 2025.

2. Commercial Driver’s License Standards: Requirements and Penalties: Applicability to the Exception for Certain Military Personnel

The Commercial Driver’s License Standards proposed rule would amend 49 CFR part 383 to extend the CDL exemption in § 383.3(c) to dual-status military technicians (10 U.S.C. 10216), responding to a petition from James D. Welch. It removes the exclusion of U.S. Reserve technicians and outdated National Guard uniform references, aligning with 49 U.S.C. 31305(d). This allows technicians to operate CMVs for military purposes without a CDL, saving training costs ($1,900–$3,100 per driver in 2024 dollars).

Comment Period: Open until July 29, 2025.

3. Driver Vehicle Examination Report Disposition

The Driver Vehicle Examination Report Disposition proposed rule would revise 49 CFR § 396.9(d)(3)(ii) to require motor carriers and intermodal equipment providers to return signed roadside inspection reports only if requested by the issuing State agency. Responding to a Commercial Vehicle Safety Alliance (CVSA) petition, this reduces administrative burdens in states that don't require returned forms, maintaining safety as violations must still be corrected within 15 days. Notably, carriers will still be required to return inspection reports in states that require it.

Comment Period: Open until July 29, 2025.

4. Electronic Driver Vehicle Inspection Reports

The Electronic Driver Vehicle Inspection Reports proposed rule would amend 49 CFR §§ 396.11 and 396.13 to explicitly allow electronic creation, maintenance, and signing of Driver Vehicle Inspection Reports (DVIRs), following a comment from the National Tank Truck Carriers. This clarifies existing allowances for electronic documents under 49 CFR 390.32, promoting cost-saving electronic methods without altering safety requirements.

Comment Period: Open until July 29, 2025.

5. Rescinding the Requirement for Electronic Logging Device Operator’s Manual Located in Commercial Motor Vehicles

The Electronic Logging Device Operator’s Manual proposed rule would remove the requirement in 49 CFR § 395.22(h)(1) for an ELD user’s manual to be kept in CMVs. According to FMCSA, ELD manuals are accessible via FMCSA’s self-certification list and drivers must know ELD operation (§ 395.24(d)), rendering the in-vehicle requirement redundant. This reduces minor burdens without impacting safety.

Comment Period: Open until July 29, 2025.

6. Parts and Accessories Necessary for Safe Operation; Auxiliary Fuel Tanks

The Auxiliary Fuel Tanks proposed rule would add an exception to 49 CFR § 393.65(d), allowing gravity or syphon feed for auxiliary pumps with fuel tanks under 5 gallons, mounted on trailer chassis or beds for non-vehicle purposes, operational only when stationary. Responding to a Truck Trailer Manufacturers Association petition, this eliminates costly aftermarket fuel tank installations while mitigating fire risks.

Comment Period: Open until July 29, 2025.

7. Parts and Accessories Necessary for Safe Operation; Brakes on Portable Conveyors

The Brakes on Portable Conveyors proposed rule would add an exception to 49 CFR § 393.42(b) for portable conveyors manufactured before 2010, used in the aggregate industry, from requiring brakes on all wheels. Responding to a Michigan Aggregates Association petition, it applies if the combination meets § 393.52 stopping performance, towed vehicle axle weights are ≤40% of the towing vehicle’s, and speeds are limited (45 mph on two-lane roads, 55 mph on freeways). This maintains safety while extending equipment life.

Comment Period: Open until July 29, 2025.

8. Parts and Accessories Necessary for Safe Operation; Tire Load Markings

The Tire Load Markings proposed rule would amend 49 CFR part 393 to clarify that tires on CMVs need not be marked with their load restrictions on their sidewalls.

Comment Period: Open until July 29, 2025.

9. Parts and Accessories Necessary for Safe Operation; Spare Fuses

The Spare Fuses proposed rule would update 49 CFR part 393 to remove the requirement that CMV have at least one spare fuse onboard for each type needed for the parts and accessories of the CMV. This standardizes maintenance practices without significant cost increases.

Comment Period: Open until July 29, 2025.

10. Revised Summary for Qualifications of Drivers: Vision Standards Grandfathering Provision

The Qualifications of Drivers: Vision Standards Grandfathering Provision proposed rule would amend 49 CFR part 391 to remove the vision waiver program that is obsolete now with the current physical qualification standards for vision impaired drivers.

Comment Period: Open until July 29, 2025.

11. Railroad Grade Crossings; Stopping Required: Exception for Railroad Grade Crossing Equipped with Active Warning Device Not in Activated State

The Railroad Grade Crossings proposed rule would add an exception to 49 CFR part 392, allowing CMVs to proceed through railroad grade crossings with inactive warning devices without stopping. This improves efficiency while maintaining safety at low-risk crossings.

Comment Period: Open until July 29, 2025.

12. Removal of Obsolete References to "Water Carriers"

The Removal of Obsolete References proposed rule would remove outdated references to “water carriers” from FMCSA regulations, streamlining language to focus on motor carriers. This clarifies applicability without altering safety requirements.

Comment Period: Open until July 29, 2025.

13. Self-Reporting Requirement

The Self-Reporting Requirement proposed rule would do away with the current requirement that CDL holders self report motor vehicle violations to their state drivers licensing agency.

Comment Period: Open until July 29, 2025.

14. Parts and Accessories Necessary for Safe Operation; Certification and Labeling Requirements for Rear Impact Protection Guards

The Rear Impact Protection Guards proposed rule would remove the requirement in 49 CFR § 393.86(a)(6) for rear impact guards to be permanently labeled with FMVSS No. 223 certification. This eliminates citations for illegible or missing labels, which wear off over time, without affecting NHTSA’s manufacturing standards or safety. It also rescinds related guidance (88 FR 5844).

Comment Period: Open until July 29, 2025.

15. Parts and Accessories Necessary for Safe Operation; Fuel Tank Overfill Restriction

The Fuel Tank Overfill Restriction proposed rule would remove the requirement in 49 CFR § 393.67(c)(12)(i) that liquid fuel tanks manufactured on or after January 1, 1973, be designed to prevent filling beyond 95 percent capacity during normal operations. Responding to a Commercial Vehicle Safety Alliance (CVSA) petition, this eliminates an outdated rule, as modern tanks with vented caps safely allow 100 percent fill. It retains the requirement to prevent spillage from normal fuel expansion (§ 393.67(c)(12)(ii)), harmonizes with Canadian regulations, and reduces exemption requests.

Comment Period: Open until July 29, 2025.

16. Parts and Accessories Necessary for Safe Operation; License Plate Lamps

The License Plate Lamps proposed rule would amend 49 CFR § 393.11, Table 1, Footnote 11, to add an exception exempting truck tractors towing trailers from requiring rear license plate lamps. Since trailers display visible license plates with required lamps, and truck tractor plates are obscured, this eliminates a redundant requirement without compromising safety.

Comment Period: Open until July 29, 2025.

17. Parts and Accessories Necessary for Safe Operation; Liquid-Burning Flares

The Liquid-Burning Flares proposed rule would remove references to liquid-burning flares from 49 CFR §§ 392.22 and 393.95, as these outdated warning devices are no longer used, replaced by bidirectional reflective triangles or fusees. This updates requirements to reflect current practices, maintaining safety with modern alternatives.

Comment Period: Open until July 29, 2025.

18. Parts and Accessories Necessary for Safe Operation; Retroreflective Sheeting

The Retroreflective Sheeting proposed rule would rescind 49 CFR § 393.13, which requires retrofitting semitrailers and trailers manufactured before December 1, 1993, with retroreflective sheeting. With most pre-1993 trailers retired, and post-1993 trailers meeting NHTSA standards, this eliminates an obsolete rule without affecting safety.

Comment Period: Open until July 29, 2025.

Why These FMCSA Updates Matter for the Trucking Industry

The finalized rules, effective May 30, 2025, require immediate compliance actions to align recordkeeping and routing practices. The eighteen proposed rules, open for comment until July 29, 2025, offer a critical opportunity for carriers, drivers, and safety professionals to influence regulations that balance safety and practicality. Interested parties can submit comments via the Federal eRulemaking Portal.

About Trucksafe Consulting, LLC: Trucksafe Consulting is a full-service DOT regulatory compliance consulting and training service. We help carriers develop, implement, and improve their safety programs, through personalized services, industry-leading training, and a library of educational content. Trucksafe also hosts a livestream podcast on its various social media channels called Trucksafe LIVE! to discuss hot-button issues impacting highway transportation. Trucksafe is owned and operated by Brandon Wiseman and Jerad Childress, transportation attorneys who've assisted some of the nation’s leading fleets to develop and maintain cutting-edge safety programs. You can learn more about Trucksafe online at www.trucksafe.com and by following Trucksafe on LinkedIn, Facebook, Twitter, and YouTube. Or subscribe to Trucksafe's newsletter for the latest highway transportation news & analysis. Also, be sure to check out eRegs, the first app-based digital version of the federal safety regulations aimed at helping carriers and drivers better understand and comply with the regulations.