Trucking news and briefs for Monday, Jan. 30, 2023:
Updated Feb. 6, 2023, to correct timeline for OMB Office of Information and Regulatory Affairs review.
The National Highway Traffic Safety Administration has started the process for a potential proposal to require side underride guards on newly manufactured trailers. The agency on Friday sent an advance notice of proposed rulemaking (ANPRM) to the White House’s Office of Management and Budget (OMB), which must approve the notice before it’s published in the Federal Register.
NHTSA said the ANPRM would respond, in part, to a September 2013 petition for rulemaking to start studies and rulemakings around side underride guards. The rulemaking would also respond to a requirement in the 2021 Bipartisan Infrastructure Law highway-funding measure that called for additional research into side underride guards to assess their effectiveness, feasibility, costs and benefits.
Legislation seeking to require side-underride guards on trailers has previously been introduced in Congress, but the bills have not gained any traction. Such bills were generally opposed by trucking groups, including the American Trucking Associations and Owner-Operator Independent Drivers Association, but were supported by safety groups and law enforcement.
Testing conducted in 2017 by the Insurance Institute for Highway Safety showed that underride guards mounted to the side of a trailer provide similar safety benefits as rear-mounted guards.
OMB generally has 10 days to review ANPRMs before publication -- the process is longer for proposed and final rules. Once OMB clears it, NHTSA will be free to publish it in the Federal Register.
