NFIB’s Latest Push for Deregulation

Date: November 06, 2017

Recently the U.S. Department of Transportation requested guidance for how it could eliminate or soften the burdens of regulation. In response, the National Federation of Independent Business filed comments urging DOT to withdraw pending regulation, rescind problematic Obama-era rules and to exempt small business from some of DOT’s most burdensome regulatory requirements.

Urging DOT to Withdraw the Proposed Speed Limiting Rule

The Obama Administration proposed (but never finalized) regulations that would require speed limiting devices to be installed in trucks. NFIB opposed this proposal at the time because it would both add significant costs for small business truckers, and would likely put them at a competitive disadvantage with larger firms. Moreover, NFIB objected to this proposed rule because it would set a defacto speed limit below the 70 MHP limit currently allowed in most states. Accordingly, NFIB is now urging the Trump Administration to withdraw this proposed rule as contrary to public interest.

DOT Should Rescind the Electronic Logging Rule

Controversially, the Obama Administration finalized regulation requiring truckers to install electronic logging devices to keep records on trucker activities. NFIB opposed those requirements as unnecessarily burdensome and costly at the time. Now, NFIB renews its opposition. And we are optimistic that DOL will initiate a new rulemaking to either rescind the electronic logging rule, or to allow a small business exception.

Petitioning DOT for Further Deregulation

Additionally, NFIB’s recent comments urged DOT to reconsider its decision denying a previous NFIB Small Business Legal Center petition for rulemaking. Specifically, NFIB Legal Center’s Petition asks DOT to redefine what trucks are subject to its regulation, so as to most exclude medium-grade trucks between 10,000-26,000 lbs. As argued in the Petition and in NFIB’s recent comments, it makes little sense to impose the same draconian regulations applicable to 18-wheel trucks for vans and small commercial delivery trucks operating only locally.

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