New Year, New Regulations, Old Behaviors

2025 Regulatory Updates 

The year 2025 brings updated regulations from the Federal Motor Carrier Safety Administration (FMCSA) and the Occupational Safety and Health Administration (OSHA). A new FMCSA registration system simplifies the process for new operators, while most will retain their USDOT numbers. For additional information, please refer to the FMCSA official announcement. 

OSHA's new Personal Protective Equipment (PPE) standard for construction took effect on January 13, 2025, and includes the following requirements: 

• Properly fitting equipment 
• Strategies to mitigate heat risks, such as accessible drinking water, rest breaks in cool areas, and shaded or air-conditioned rest areas. 
• Regular heat risk assessments, training, and education for workers 

For state-specific updates, please consult your state's OSHA website. 

Legal Cases to Watch 

Trucking Company Appeals 'Nuclear' Verdict 

Werner Enterprises is contesting a $116 million verdict stemming from a 2014 fatal crash. This case before the Texas Supreme Court examines the duty of care owed by truck drivers and the safety policies of transportation companies. The outcome could have significant implications beyond Texas. 

This early case among so-called "nuclear" verdicts has impacted the trucking industry. During oral arguments in December, Werner's attorneys argued that the Houston jury's $90 million verdict in 2018, which later increased to over $116 million with post-judgment interest, contradicts long-standing legal standards for determining negligence. 

The case originated from a December 2014 accident involving a pickup truck skidding on icy Interstate 20 into a Werner big rig, resulting in the death of a 7-year-old boy and paralysis of a 12-year-old girl. Although the Werner driver did not cause the accident and was driving below the speed limit, plaintiffs' lawyers argued that the driver could still be liable for not adjusting speed appropriately under the circumstances. 

Key issues include the scope of duty owed by motor carriers, the admissibility of company safety policies, and broader concerns about "nuclear" verdicts affecting motor carriers, freight brokers, and shippers. Marc Blubaugh, partner and co-chair of the transportation and logistics practice group at Benesch Friedlander Coplan & Aronoff LLP, noted that while this is a Texas case, it will inform courts nationwide. 

The case is Werner Enterprises Inc. et al. v. Jennifer Blake et al., case number 23-0493, in the Supreme Court of Texas. 

Fuel Economy Litigation 

The U.S. Court of Appeals for the Sixth Circuit is addressing challenges to the National Highway Traffic Safety Administration’s (NHTSA) June 2024 Corporate Average Fuel Economy (CAFE) standards for vehicles from model years 2027-2035. Republican-led states and fuel groups argue that NHTSA exceeded its authority by mandating electric vehicles (EVs), while environmental groups claim the standards are insufficient to address climate change. The challenge is MCP No. 189 Corp. Avg. Fuel Econ (NHTSA-2023-0022). 

Addressing Hazardous Behaviors 

Nationally, space management issues, such as rear-end and lane change accidents, remain leading indicators of risk in the transportation and trucking industry. Distracted driving infractions account for 30% of reported root causes for motor vehicle accidents, with technology playing a significant role. Despite laws against texting while driving, many continue to engage in this dangerous behavior. 

To address these issues, behaviors can be modified through comprehensive training and monitoring. Utilizing telematics, such as driver dash and cab cameras, provides valuable safety tools during orientation and monthly follow-up safety discussions. 

Charter Partners is committed to providing resources to our members to facilitate training, awareness, and compliance, ensuring the safe operation of vehicles on US highways.