NATM Submits Comments on FMCSA Underride Guard Rulemaking

By Dennis Potter & Brody Garland, K&L Gates

Recently, the National Association of Trailer Manufacturers (NATM) submitted public comments in support of an ongoing federal rulemaking at the Federal Motor Carrier Safety Administration (FMCSA). The proposed rule would require the inclusion of rear impact guards in commercial motor vehicle (CMV) inspection checklists. The rulemaking resulted from petitions filed with FMCSA and recommendations to the Agency by the Commercial Vehicle Safety Alliance and Government Accountability Office, both highly respected organizations among policy makers. NATM filed comments to the agency applauding its proposal and taking the opportunity to highlight NATM’s focus on trailer safety and the role of its mandatory NATM Compliance Verification Program (CVP) in ensuring members have processes in place to build trailers that meet Federal Motor Vehicle Safety Standards (FMVSS) and industry best practices.

Data released from FMCSA showed that inspectors documented more than 2,300 violations related to rear impact guards and rear end protection in 2017, more than half of which are for components that are missing, damaged, or improperly constructed. According to the agency, “including rear impact guards and rear end protection in the periodic inspection requirements in Appendix G will call additional attention to this critical safety component and help ensure that each vehicle is checked at least once a year, improving compliance and helping to prevent fatalities and injuries when rear-end collisions occur.”

As noted in its filed comments, the requirement of rear impact guards on CMVs has existed in some capacity for almost 70 years, and federal regulations already grant FMCSA the authority to regulate underride guards. NATM went on to explain its continued support for the agency’s oversight role, explaining how “consistent enforcement of existing rear impact guard regulations will improve safety on America’s roads.”

By engaging with the Department of Transportation on this proposal, NATM reiterated its support for promoting best practices with regard to vehicle and highway safety, which are core values for the Association. In its submission to the agency, NATM applauded the Commercial Vehicle Safety Alliance and the Government Accountability Office for showing “leadership on this issue” and “agreed with their recommendations to strengthen CMV inspection standards.”

NATM’s public stance highlights its commitment to working with industry partners, federal regulators, and other safety advocates to advance common sense solutions that seek to minimize the occurrence and severity of underride incidents. The Association continues to engage with the federal government and congressional lawmakers on how best to improve safety functions related to underride guards, while being cognizant of creating undue burdens or inadvertently causing harm to the industry.

Due to the wide range and unique nature of products manufactured by NATM’s members, and the fact that they are all considered motor vehicles, the Association continues to urge FMCSA to evaluate whether any future modification or expansion of underride guard requirements is “appropriately calibrated” to different product categories. This “safety first” and categoryappropriate approach is one NATM will continue to take as federal regulators and Congress continue to debate enforcement of underride guard standards as well as potential expansion of the use of underride guards on motor vehicles.

As the regulations progress through the implementation process, NATM is monitoring the situation closely and is engaged with federal partners to ensure that safety is paramount on American roadways and thoughtful evidence-based solutions receive proper consideration.

Dennis Potter is a Government Affairs Counselor and Brody Garland is a Government Affairs Analyst at the law and lobbying firm of K&L Gates, where they represent NATM and other clients on legislative, regulatory, policy, and political matters. Mr. Potter can be reached at Dennis.Potter@klgates.com and Mr. Garland can be reached at Brody.Garland@klgates.com.