Trucking’s Regulatory Road Ahead: Delays and Debates on Key Changes
The new Unified Regulatory Agenda has just been released, signaling significant changes for the US trucking industry. These plans touch upon several key areas: the status of independent contractors (owner-operators), broker transparency, automatic emergency braking (AEB) systems, and Electronic Logging Devices (ELDs).
Independent Contractors and Speed Limiters: A Looming Battle
In 2024, the U.S. Department of Labor published a final regulation defining whether a worker is an employee or an independent contractor. While it went into effect in March 2024, it faces numerous legal challenges. New regulations are expected to appear later this month. Additionally, the Owner-Operator Independent Drivers Association (OOIDA) opposes any attempts by trucking companies to mandate speed limiter use for independent contractors, which they deem unsafe. They argue that new regulations cannot include provisions that would allow such practices.
Broker Transparency: Further Delays Expected
The issue of broker transparency, which sparked driver protests in 2020, will also not be resolved quickly. Instead of introducing final regulations, the Federal Motor Carrier Safety Administration (FMCSA) announced it would issue a second proposed regulation in May 2026. This means that final rules might not take effect until 2027 or later. Currently, many brokers circumvent regulations that require them to show financial documentation to carriers.
Brakes and ELDs: More Postponements
In 2023, the FMCSA proposed mandatory Automatic Emergency Brakes (AEB) in trucks, but this, too, has been delayed. The agency plans to issue a second notice of proposed rulemaking in December, with final rules expected no earlier than 2026. Many truck drivers oppose this mandate and point to problems with the technology, including false activations. The National Highway Traffic Safety Administration (NHTSA) launched an investigation into false AEB activations in May 2023. There have been 18 complaints of false AEB activation “without an actual impediment in the roadway.” In some cases, false activation caused a truck to stop completely in a travel lane, posing a real danger to all road users.
Similar delays concern Electronic Logging Devices (ELDs). Changes to regulations that could include older trucks with pre-2000 engines are also only expected to be presented in a formal proposal in May 2026. Under current rules, trucks with engines manufactured before 2000 are exempt from ELD requirements.
Uncertainty on the Horizon
Instead of concrete answers, the regulatory plan has revealed a series of delays in key changes for the trucking industry. Major decisions regarding broker transparency, automatic emergency braking systems, and ELDs will not be made until 2026 at the earliest, increasing uncertainty in the market.
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