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Trucksafe's President Brandon Wiseman and Vice President Jerad Childress are transportation attorneys who have represented and advised hundreds of motor carriers (both large and small) on DOT regulatory compliance. Brandon and Jerad are regular speakers at industry events and routinely contribute to industry publications. They are devoted to helping carriers develop state-of-the-art safety programs, through personalized consulting services and relevant training resources. 

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Understanding FMCSA Changes and Compliance Trends: Insights from Jack Van Steenburg

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In Episode 43 of the Trucksafe LIVE! podcast, host Brandon Wiseman discussed major FMCSA updates, the agency's operational focus, and regulatory outlook with special guest Jack Van Steenburg, former Chief Safety Officer for the FMCSA and an expert in commercial motor vehicle safety compliance. This episode provided a deep dive into upcoming changes impacting fleet operations and the trucking industry as a whole, especially in light of the 2024 U.S. election, which may lead to significant shifts in regulatory priorities.



Highlights of FMCSA Regulatory Changes and Modernization


Brandon opened the episode with updates on FMCSA’s ongoing efforts to modernize the DOT registration system. This modernization aims to streamline registration for new carriers while addressing fraud by eliminating MC numbers and strengthening verification processes. FMCSA’s focus on fraud prevention includes multi-factor authentication, identity verification for applicants, and a potential release of the updated system by 2025. The changes will likely improve carrier accountability, reduce regulatory confusion, and support safer highway operations.


The Compliance Challenge of Safety Ratings and CSA System Improvements


Jack offered insights on FMCSA’s methodology for carrier compliance assessments, particularly through the Compliance, Safety, and Accountability (CSA) program, a critical system that ranks carriers based on safety performance metrics. While the program has received criticism, Jack emphasized that CSA’s risk-based prioritization helps FMCSA efficiently allocate limited resources to target higher-risk carriers. However, the need for substantial updates persists. Despite FMCSA’s progress in revising the CSA system, 95% of registered carriers remain unrated, highlighting the agency’s challenges in effectively assessing safety across the expansive trucking industry.


Jack also discussed the historical issues surrounding CSA’s adoption by shippers, brokers, and insurers, which has had both positive and negative effects on the industry. While the broader use of CSA data has heightened industry accountability, it has also led to concerns over discrepancies and regional enforcement disparities. Addressing this regional enforcement variation could be key to creating a more balanced approach to nationwide compliance.


Safety Rating Reform and the Future of Adjudication in Compliance Reviews


This episode delved into potential reforms for FMCSA’s safety rating system, expected to gain traction with a formal proposal by mid-2025. Jack explained how recent proposals could reshape safety ratings by transitioning from the current three-tier system to a more straightforward classification, potentially removing the "Conditional" rating. A significant feature of these changes could potentially allow FMCSA to assign safety ratings without necessarily conducting on-site compliance reviews, focusing instead on consistent data sources like roadside inspection outcomes.


The Chevron Doctrine, Election Impacts, and the Regulatory Outlook for 2025


The upcoming U.S. presidential election has raised questions on regulatory continuity. Jack anticipates a potential administration shift could slow down regulatory implementation, as new leaders would need to review, approve, or halt ongoing rulemaking initiatives. Additionally, changes to the Chevron Doctrine—a judicial precedent allowing agencies to interpret statutes within their purview—might complicate the FMCSA’s ability to implement regulations unilaterally. Future FMCSA leaders may face an uphill battle in driving rule changes efficiently while navigating increased judicial scrutiny.


Best Practices for Carriers Preparing for Compliance Audits


To conclude the episode, Jack emphasized the importance of proactive compliance and how carriers can prepare for audits by keeping abreast of FMCSA’s evolving standards. He advises carriers to leverage FMCSA’s warnings and data tools, as well as to participate in industry groups or seek expert guidance when needed to stay ahead of regulatory changes. Jack’s insights underscore the need for compliance excellence, even for carriers currently in good standing, to avoid potential legal complications in an increasingly scrutinized industry.


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.

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