Truck drivers know a lot about government regulations. After all, their entire day must fit within parameters set by the government. From restrictions on driving hours, traffic laws, routing, weight and weight distribution, it’s almost as if some government agency has a representative in the passenger seat of each truck.
Worse is the perception that the average trucker doesn’t have a say in the setting of all those regulations. Many drivers believe that if the government listens to anyone who’s actually involved in the trucking industry, the only voices heard are the big organizations that can afford lobbyists and lawyers.
That perception is wrong.
The truth is that every citizen of the U.S. can submit comments on proposed regulations and, in some cases, appear at meetings or hearings to present information.
YOU have a say in what regulations are implemented.
There is a clearly defined process for agency rulemaking, and the Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation (DOT), Environmental Protection Agency (EPA) and hundreds of other federal agencies must — and do — follow it when making new rules.
The Federal Register is central to this process. New rules often begin with publishing a Notice of Proposed Rulemaking (NPRM) in the register. In some cases, the agency publishes an Advanced Notice of Proposed Rulemaking to alert the public that a change is being considered. Sometimes a Petition for Rulemaking is published, if someone from the public requests a change in policy.
Members of the public can comment on proposed policies and regulations; these comments are made a permanent part of the federal record. Comments can range from submission of hundreds of pages of scientific data to the simple opinion of a solitary citizen.
After considering the comments and input from meetings, hearings and other sources, a final ruling is published in the Federal Register stating what the new rule is and when it becomes effective.
For example, On May 29, a Notice of Public Meeting was published. The Truck Leasing Task Force (TLTF) will conduct two meetings to gather information on Independent Contractor lease agreements and what should be included. The first meeting was held June 13, and the next is set for July 18. This meeting, which will run from 10 a.m.-4 p.m. Eastern time, is virtual, so anyone can attend via the internet.
In most cases, the published article will ask for public comments on the proposal, allowing 30 to 60 days — and sometimes more — for comments to be filed.
Any “interested party” can submit comments.
That’s the case with the upcoming TLTF meeting, too.
You can submit comments regulations.gov.
Be sure to enter the docket number: 2023-0143.
You can also attend the meeting and present your comments directly by registering at least one week in advance of each meeting at fmcsa.dot.gov/tltf.
Following the two TLTF meetings, the task force will make recommendations to the DOT; these comments can be used in forming new regulations about what goes in lease agreements.
The scheduled TLTF meetings will discuss whether truck leasing agreements properly incentivize safe vehicle operation, including compliance with HOS rules and the opportunity that lease agreements provide for owners to start or grow their own trucking businesses. The Consumer Financial Protection Bureau will make presentations at both meetings. Drivers and owners of leased vehicles are invited to participate and present any information they feel could help the task force make recommendations on such agreements.
The Owner-Operator Independent Drivers Association, (OOIDA) has already submitted comments that address “predatory” lease-purchase agreements, the control carriers have over Independent Contractors, and coercion of individuals to sign contracts they don’t understand.
“OOIDA has supported TLTF’s mission to examine the terms, conditions, and equitability of common truck leasing arrangements, particularly as they impact owner-operators,” noted a statement from George O’Connor, director of communications for OOIDA. “It’s possible individual OOIDA members will discuss their own insights and experiences during the public comment periods.”
David Heller, senior vice president of safety and government affairs at the Truckload Carriers Association, recommends that drivers and owner-operators take advantage of the opportunity to be heard.
“I would encourage anybody to weigh in on this,” Heller said. “As an industry we can never assume that those that legislate, those that regulate know our industry inside and out. Everybody’s voice should be heard.”
The TLTF was established in the Infrastructure Investment and Jobs Act with a mandate to determine best practices in leasing agreements and assisting drivers who have entered into a predatory lease agreement. The task force is made up of representatives from labor organizations, motor carriers, consumer protection groups, owner operators, lawyers and educators.
Members are appointed by the secretary of transportation.
But the TLTF isn’t the only opportunity for drivers and other members of the industry to participate in the rulemaking process.
Most proposals for new rules afford an opportunity to comment, usually before a final ruling is published. With well over 400 different government agencies, there are plenty of opportunities to present your point of view on any topic you may find of interest.
You can sign up for a daily email containing newly published items in the federal register here. You might choose to scroll down to the DOT or FMCSA entries to see if anything new has been published, or you can scan all of the agencies, from the Administration for Children and Families (ACF) to the Wireless Telecommunications Bureau (WTB).
A free subscription to the federal register is a great way to stay informed about the latest government actions and the ones you are most concerned about. If you want to go even further, the entire federal register is available here. You can peruse the register by year, all the way back to 1936, if you’ve got a few spare hours, months or years.
Every American should be aware of how the various government agencies make the rules and regulations that govern our lives. You can take advantage of your opportunity to help define the regulations that are enacted.
Congress has the ability to override agency rules or to mandate the creation of new ones, so your vote in the next election can help determine the direction each agency takes. But even if your favorite candidate doesn’t win, you can still have a say.
A complete explanation of the rulemaking process can be found here.
Cliff Abbott is an experienced commercial vehicle driver and owner-operator who still holds a CDL in his home state of Alabama. In nearly 40 years in trucking, he’s been an instructor and trainer and has managed safety and recruiting operations for several carriers. Having never lost his love of the road, Cliff has written a book and hundreds of songs and has been writing for The Trucker for more than a decade.
