Trucking Industry Certification Stickers Are Expensive and Unneeded.
Fleet managers have long struggled with the challenges posed by trailer rear-impact guard certification labels. Though small in size, these labels often determine compliance and can lead to significant issues if they become damaged or illegible.
Over time, labels frequently wear out due to road debris and environmental exposure. Despite this, manufacturers have been hesitant or unwilling to provide replacements, leaving fleets with a difficult choice: risk a citation or retire a fully functional rear-impact guard.
Background of the Label Rule
The FMCSA’s labeling rule requires motor carriers to affix certain labels on their vehicles, often indicating compliance with federal safety regulations. These labels are intended to assist inspectors and enforcement personnel in verifying adherence to safety standards. However, trucking industry representatives contend that these requirements are redundant given the advanced tracking and electronic logging systems now in place.
Concern over this issue led the Commercial Vehicle Safety Alliance (CVSA) to petition the Federal Motor Carrier Safety Administration (FMCSA) last year to eliminate the certification label requirement. FMCSA initially denied the request but later clarified in December that a missing or incomplete certification label would not be considered a violation of the rule requiring one to be affixed.
Industry Concerns
The American Trucking Associations (ATA) and other industry stakeholders argue that the labeling rule creates unnecessary administrative work and compliance costs. Many trucking companies already maintain digital records that provide real-time compliance data, rendering physical labels redundant.
Additionally, carriers claim that the rule can create logistical headaches. For instance, if a label becomes damaged or lost, companies must go through bureaucratic hurdles to replace it, even when the vehicle’s compliance status is easily verifiable through electronic systems.
Push for Regulatory Change
Industry groups have formally petitioned the FMCSA to reconsider or eliminate the rule. They emphasize that modern fleet management systems, including electronic logging devices (ELDs) and automated reporting mechanisms, provide more accurate and efficient ways to track compliance than traditional labeling.
The Owner-Operator Independent Drivers Association (OOIDA) has also voiced support for ending the rule, arguing that it disproportionately affects small trucking businesses that may lack the resources to navigate redundant regulatory requirements.
Following FMCSA’s updated guidance, CVSA’s board voted in December to re-petition for a permanent rule change, said Kerri Wirachowsky, CVSA’s director of inspection programs. She noted that while the current guidance prevents violations for missing labels, guidance can be temporary and difficult to locate.
FMCSA’s new stance, which aligns with CVSA’s long-standing policy, asserts that missing or illegible labels do not indicate a failure to meet National Highway Traffic Safety Administration (NHTSA) standards for strength and energy absorption. Instead, inspectors are directed to focus on structural compliance, such as width, height, and rear surface requirements.
“The agency issued the guidance to encourage inspectors to prioritize enforcement efforts on more critical safety elements, like guard width and height.” an FMCSA official explained.
CVSA remains committed to pursuing a formal rule change. “Since FMCSA is advising officers not to enforce this section, we believe the rule should be permanently removed from regulation,” Wirachowsky said.
Kevin Grove, director of safety and technology policy at the American Trucking Associations (ATA), supports a rule change but acknowledges that regulatory processes take time. FMCSA took five years to respond to CVSA’s original petition from 2019.
The current regulation mandates that trailers with rear-impact guards display a label indicating the manufacturer’s name and address, production date, and “DOT” certification to confirm compliance with federal safety requirements. However, this rule has seen minimal enforcement. Data from 2017 and 2018 showed few recorded violations, and those cited often lacked proper classification within enforcement software, requiring manual entry.
A targeted enforcement operation in 2018 found 3,170 violations out of 10,112 trailers inspected. Of these, 72% were due to missing or incomplete labels, highlighting the difficulty of maintaining compliance. Manufacturers often refuse to issue replacement labels, citing concerns over certifying equipment they no longer control. Some carriers attempting to obtain replacements were required to file warranty claims or legal documents, further complicating the process. Additionally, rear-impact guards produced in Canada do not include certification labels.
CVSA’s 2019 petition to FMCSA and NHTSA argued that the rule was leading to citations for otherwise compliant guards. The request was denied in January 2023, with NHTSA asserting that the labels help identify compliant guards and assist crash investigations. FMCSA officials maintained that labels ensure replaced guards meet federal standards.
The regulation created real-world problems for fleets. While carriers were given a two-week window to address violations, uncertainty surrounded whether this would be sufficient. Violations could impact CSA scores, even though label presence has no direct safety impact. Additionally, certification labels were not required during annual inspections, creating a scenario where a truck could pass inspection but still face penalties for a missing label.
A fleet review revealed inconsistencies in compliance-some trailers had stickers, others had riveted labels, while some had none at all. No suppliers would provide replacements. Some fleet managers considered installing protective coverings over the labels, but replacing fully functional bumpers would be costly. Meanwhile, subjective interpretations by inspectors raised concerns that some labels might be deemed unreadable despite meeting requirements.
CVSA had planned to advise inspectors to enforce the certification label rule starting October 15 unless FMCSA revised its stance. However, after receiving FMCSA’s denial letter, CVSA continued discussions with the agency.
In October, CVSA, ATA, and the Owner-Operator Independent Drivers Association met with FMCSA, presenting evidence of fleets struggling to obtain replacement labels. They emphasized that the rule lacked a safety benefit since it certified only the manufacturing process, not the guard’s current condition. The cost of replacing a fully functional guard due to a missing label outweighed any potential benefits.
FMCSA officials indicated that a new petition with additional supporting evidence would be considered. Encouraged by this dialogue, CVSA’s board chose to delay enforcement recommendations until December. Following FMCSA’s updated guidance on December 10, CVSA opted to maintain its current policy and re-petition for a permanent rule change.
The trucking industry remains hopeful that FMCSA will ultimately eliminate the certification label requirement, reducing unnecessary regulatory burdens while maintaining safety on the roads.
