This May, the Federal Motor Carrier Safety Administration (FMCSA) rolled out a set of deregulatory proposals, but don’t expect sweeping change. Despite the headline, the proposal reads more like a housekeeping exercise than a regulatory rollback, largely codifying longstanding agency and industry practices rather than creating new flexibility for carriers. So, what’s the point?
Take, for example, the agency’s proposed change to the definition of “medical treatment” in the context of accident reporting. FMCSA has long interpreted “medical treatment” to exclude diagnostic procedures like X-rays and CT scans, while including the prescription of medication for diagnosed injuries. The new rule would formalize that interpretation in regulation, aligning the text with existing guidance—more of a cleanup than a shift in policy.
Another proposal would eliminate the requirement that drivers self-report out-of-state traffic convictions. Since all 50 states already share driver conviction data electronically, FMCSA is just bringing the regulation in line with current technological and procedural realities.
There’s also a move to scrap the requirement that ELD user manuals be physically present in vehicles—something many carriers have already sidestepped by providing digital access through the ELD. Similarly, the agency plans to explicitly allow electronic driver vehicle inspection reports (DVIRs), even though adoption is already widespread. FMCSA also proposed to revise driver vehicle evaluation reports (DVER, aka Roadside Inspection Reports) rules so that carriers only have to return corrected and signed reports to state enforcement agencies if the state explicitly requires it (many do not). Realizing this benefit, which requires knowing the explicit requirements of each state, could actually prove more burdensome than not.
So what’s really going on here? In short, FMCSA appears to be checking boxes to begin satisfying the revived Trump 1.0 -era Executive Order requiring agencies to eliminate regulations to account for any new agency actions. In fact, Trump 2.0 upped the ante this time around, making the FMCSA moves here even more important. The agency is now required to find and eliminate ten regulations for every new one they create.
These proposals won’t reduce burdens for most carriers—they simply reflect how things already work on the ground. But for FMCSA, they count as early wins in meeting that deregulatory mandate and may prove consequential in meeting 10 to 1 and zero cost expectations should the agency seek to finalize any of the rulemakings on the current unified agenda. This round of rulemaking seems to be more about low-hanging fruit, optics, and obligation than impact. Still, it signals that the agency is back in the deregulation game. We are hopeful the next round of deregulatory proposals is more consequential.