January, 2026

2026 Trucking Regulatory Agenda

• The proposed regulation to mandate speed limiters on trucks with a GVWR exceeding 26,000 pounds is being removed.

  
  

• The final regulation mandating automatic emergency braking (AEB) systems for heavy trucks is scheduled for publication this year.

  
  

• NHTSA is still analyzing comments on the potential requirement for side underride guards on trailers.

  
  

• FMCSA plans to implement several provisions of MAP-21 that relate to the Unified Registration System (URS), including granting, suspending, and revoking registrations.

  
  

• FMCSA is considering implementing a proficiency examination as part of its revised New Entrant Safety Assurance Process.

  
  

• FMCSA plans to streamline and improve the clarity of the ELD regulations.

  
  

• FMCSA is planning to propose how it might use data and resources more effectively to identify unfit motor carriers.

  
  

• FMCSA is planning to propose changes to its drug and alcohol use and testing rules. Increase the availability of driver violation information in the Drug and Alcohol Clearinghouse to keep unsafe drivers off the road.

  
  

• The FMCSA is preparing a final rule regarding possible changes to CDL testing, such as permitting states to conduct the CDL knowledge test before granting a commercial learner's permit.

• Federal authorities have intensified the enforcement of current English proficiency requirements for commercial drivers.

  
  

• Broker Transparency regulation is expected to address broker record-sharing requirements.

  
  

Overall, the regulatory landscape for the trucking industry is expected to be busy in 2026. These updates will have a significant impact on the industry, and carriers need to stay up-to-date on the latest developments.

Federal Motor Carrier Service Administration - FMCSA

​Broker and freight forwarder​ ​regulations have been revised. If a broker has a drawdown on their surety bond or trust agreement (in liquid assets) due to claims being paid, and it ​falls below $75,000, the new rule applies.​ This would happen when a broker or freight forwarder consents to a drawdown, if the broker or freight forwarder does not respond to a valid notice of claim from the surety or trust provider, causing the provider to pay the claim, or if the claim against the broker or freight forwarder is converted to a judgment and the surety or trust provider pays the claim. The FMCSA requires the broker or freight forwarder to replenish funds within seven calendar days after receiving notice from the FMCSA; otherwise, the agency will issue a notification of suspension of operating authority to the broker or freight forwarder.

Drug & Alcohol Testing Consortium

Random drug and alcohol testing for commercial drivers has been in existence for 29 years. The percentage of drivers who must be randomly tested for alcohol and drugs increased in 2020, but the known usage of drugs by drivers has dropped over the years.

All carriers that employ drivers with CDLs must have a comprehensive drug and alcohol testing program. They must randomly test 10% of their drivers for alcohol and 50% for drugs each year. Also, companies are required to conduct pre-employment (drug only), post-accident, reasonable suspicion, return-to-duty, and follow-up tests. The trucking industry's drug use rate is less than half that of other safety-sensitive workers who must be tested.

Our office provides a drug and alcohol testing consortium that meets the DOT requirements. The pool consists of drivers from the U.S. and Canada. An annual fee for each driver enrolled covers all random drug and alcohol collections for the year. The collection site, lab testing, and Medical Review Officer (MRO) fees are included. The required pre-employment drug testing can also be arranged. We have collection sites available nationwide and in Canada.

Carriers can enroll their drivers by contacting our office. Once the fee has been paid, the drivers are added to the pool.

 We can also assist you with the Drug & Alcohol Clearinghouse's initial and annual queries.

The FMCSA will be revoking all commercial driving privileges for CDL drivers who do not complete the follow-up testing requirements posted in the Drug & Alcohol Clearinghouse.

Crash Preventability Determination Program - CPDP

There are new additions to the CPDP, including crashes when:

• A CMV was struck on the side by a motorist operating in the same direction.

  
  

• A CMV was struck because another motorist was entering the roadway from a private driveway or parking lot.

  
  

• A CMV was struck because another motorist lost control of their vehicle.

  
  

• Any other type of crash involving a CMV where a video demonstrates the sequence of events of the crash.

  
  

The Safety Measurement System (SMS) can exclude crashes with non-preventable determinations. Request for Data Review (RDR) with the required police accident report and other supporting documents, photos, or videos through the Agency’s DataQs website.

The other crash types are eligible for participation in the program:

Struck in the Rear type of crash when the CMV was struck:

• in the rear; or

• on the side at the rear.

Wrong Direction or Illegal Turns type of crash when the CMV was struck:

• by a motorist driving in the wrong direction; or

• by another motorist in a crash when a driver was operating in the wrong direction; or

• by a vehicle that was making a U-turn or an illegal turn.

Parked or Legally Stopped type of crash when the CMV was struck:

• while legally stopped at a traffic control device (e.g., stop sign, red light, or yield); or while parked, including while the vehicle was unattended.

Failure of the other vehicle to stop type of crash when the CMV was struck:

• by a vehicle that did not stop or slow in traffic; or

• by a vehicle that failed to stop at a traffic control device.

Under the Influence type of crash when the CMV was struck:

• by an individual under the influence (or related violation, such as operating while intoxicated), according to the legal standard of the jurisdiction where the crash occurred; or

• by another motorist in a crash where an individual was under the influence (or related violation such as operating while intoxicated), according to the legal standard of the jurisdiction where the crash occurred.

Medical Issues, Falling Asleep, or Distracted Driving type of crash when the CMV was struck:

• by a driver who experienced a medical issue which contributed to the crash; or

• by a driver who admitted falling asleep or admitted distracted driving (e.g., cell phone, GPS, passengers, or other).

Cargo/Equipment/Debris or Infrastructure Failure type of crash when the CMV:

• was struck by cargo, equipment, or debris (e.g., fallen rock, fallen trees, unidentifiable items in the road); or a crash resulted from an infrastructure failure.

An Animal Strike type of crash when the CMV:

• struck an animal

Suicide type of crash when the CMV:

• struck an individual committing or attempting to commit suicide

Rare or Unusual type of crash when the CMV:

• Was involved in a crash type that seldom occurs and does not meet another eligible crash type (e.g., being struck by an airplane or skydiver or being hit by a deceased driver).

IFTA and IRP

Carriers that use GPS systems for IRP and IFTA must ask the following questions to comply with the regulations:

• Does the software that collects and organizes the GPS data store the information for at least four years?

• Does the system record the date and time of each GPS reading (ping)?

• Does the system record the location (latitude, longitude) of each GPS reading (ping)?

• Does the system record the beginning and ending odometer readings for the trip?

• Does the system record the calculated distance between each GPS reading (ping)?

• Does the system record the route of travel?

• Does the system calculate the total distance traveled by the vehicle for each trip?

• Does the system record the distance traveled in each jurisdiction for each trip?

• Does the system record the vehicle identification or unit number?