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A black bus travels on a busy highway overpass in an urban area. Surrounding cars and buildings create a bustling city scene. Text reads: "7 Changes in Rules and Regulations Facing the Transport Industry in 2023."

April 14, 2023

2023 Transport Rules & Regulations: Key Industry Updates

The year 2023 brings with it a lot of rules and regulations changes, modifications, and surprises for the trucking and transportation industries in the USA. There have been a few bills that were approved in 2021. The latest and the most significant bill to come out has been the next farm bill which is going to have a lot of impact on the transport sector as a whole. The following section talks about some of the changes in the transport industry regulations that you should be aware of as a part of the trucking and logistics sector in the country. Let’s discuss:

1. The Rules Related To Emissions And Tax Credits

The latest Heavy Duty Engine Rule was finalized by the environmental protection agency last year. This is going to go into effect for all 2027 commercial vehicles. According to the latest reports, it could increase the cost of diesel trucks by $42000. As a carrier, choosing non-diesel or gasoline commercial vehicles would enable you to save $40,000 in tax credit under the new IRS guideline tied to the Inflation Reduction Act of 2022.This means that if you choose to buy an electric vehicle, you will get a $40,000 subsidy straight away. On the other hand, it will also imply that you have to pay a $42,000 penalty if you choose to buy a diesel vehicle.

2. Drug And Alcohol Clearinghouse Rules

Do you know that more than 3 million drivers have already registered with the clearinghouse ever since it came into existence in 2020? According to the FMCSA, there are 4.5 million commercial driver’s license holders that were queried within the system. More than 1,72,000 drivers were cited for violations. As the rule says, any fleet or trucking company does not have to ask applicants or even the previous employers of these applicants for the drug and alcohol testing history of any candidate. In the transport industry, especially employers and carriers, everyone must conduct a free employment query within the clearinghouse. The authorities encourage this practice as the information is reliable and eliminates human error.

3. Hair Testing And Related Aspects

Experts are constantly discussing whether to report positive test results from a driver’s hair follicle to the drug and alcohol clearinghouse. This debate has been there for quite a while. The FMCSA continues to deny this on a technicality. The Federal Department of Health and Human Services has yet to decide this year whether to recognize hair testing as an acceptable screening method for results submitted to federal agencies, including the clearinghouse, according to the latest developments. Federal authorities as well as the transport companies and carriers in the industry are waiting for the final rule to come out. According to the latest buzz, the FMCSA is highly likely to accept hair samples as a voluntary alternative to tests that involve urine and blood samples.

4. Changes In Independent Contractor Rules

The Labor Department’s Wage And Hour Division made a worker classification proposal last year. In response to the proposal, people filed over 50,000 comments. The Biden administration tried to withdraw a rule enacted under the Trump administration. This makes it easier to classify workers as independent contractors. This comprises owner-operator truck drivers, independent workers, and other individuals that are classified by the federal government. However, a federal court upheld the rule, preventing this movement from falling through.The department of labor has discarded the Trump regulation’s focus on the nature of work and the degree of control of the work in addition to the worker’s opportunity for profit or loss.

5. Speed Limitations

Talks are going on about equipping commercial vehicles that have a gross weight of more than 26,000 LBS with an electronic engine control unit. This is going to help govern speed limits as per the FMCSA. The federal body has also indicated that it has plans to enact a rule on speed limits in June 2023. Independent drivers all over the industry have shown strong opposition to this rule. They argue that slower trucks are only going to lead to road rage and there will be more incidents of clashes between passenger vehicle drivers and slow-moving commercial vehicle drivers. It is also going to make highways less safe for everyone.

6. Electronic Truck IDS

There is also a discussion regarding electronic identification on commercial vehicles such as trucks and other automobiles. The Commercial Vehicle Safety Alliance had proposed that motor carriers must install an electronic identification apparatus on their vehicles. The electronic ID is designed to enable commercial vehicle inspectors to receive one-way wireless communication from the vehicle. This means that the inspector is going to have knowledge about the IDs of all the trucks that are functional in their vicinity. The safety records of the vehicle and the carrier will be accessible to the inspector using this piece of information.

7. IMO In 2023

The IMO refers to the new transport industry regulations that directly address carbon emissions for steamships, also known as cargo ships. The goal behind this rule is the decarbonization of the maritime as per the directions of the regulatory body of the United Nations. The aim is to reduce the carbon impact resulting from all ships globally by at least 40%. As we speak, regulators are collecting a lot of data to enforce the transport industry regulations introduced this year. Let’s take a closer look at them.

  • Energy Efficiency Existing Ship Index Approval

The EEESI is going to consider the type of vessel, date of manufacturing, technical specifications, and also the size of the vessel. The ship must be approved under all the parameters of greenhouse gas reduction.

  • Carbon Intensity Indicator Grade

All vessels should have an established CII. Grades from A to E will be assigned. A will be the best and E will imply corrective action.

  • Ship Energy Efficiency Management Plan

Each vessel must have the SEEMP in place. This is to optimize its energy efficiency. Measures like better trip planning, regular equipment upgrades, heat recovery systems, and top-notch maintenance must be included.

Conclusion

The transport industry has already implemented some of these rules and regulations, while others are currently in the process of enactment. According to the latest news and developments, a lot of them will have a positive impact on the transport industry as a whole. Some of them might be a little difficult to follow in the beginning. The transport industry benefits from these developments in the grand scheme of things.

FAQ

What Happens If You Fail a DOT Inspection?

If the vehicle or driver is deemed unsafe, they may be placed out of service, meaning the vehicle cannot operate until all violations are properly corrected.

Who decides which level of inspection to perform?

Both the Commercial Vehicle Safety Alliance (CVSA) and the Federal Motor Carrier Safety Administration have a part in DOT inspection levels. The CVSA develops the criteria and sets the procedures for every inspection level. The FMCSA establishes overall regulations and determines which vehicles must be inspected.

How often do DOT inspections happen?

DOT inspections can happen at any time. They most commonly happen during roadside stops and weigh stations. Carriers with higher risk, poor safety records, or hazardous material may be inspected more frequently.

What documents are required during an inspection?

Documents required during an inspection include but may not be limited to:

  • State driver’s license or commercial driver’s license
  • Medical examiner’s certificate
  • Record of duty status
  • Vehicle registrations
  • Periodic inspections document for all vehicles being operated
  • Shipping papers or bills of lading
  • Information for hazardous materials being transported
  • Proof of insurance

What are common DOT inspection violations?

According to the FMCSA, the 5 most cited roadside violations are:

  1. False Report of Driver’s Record of Duty Status: log falsification providing inaccurate or intentionally altered duty-status information.
  2. No Record of Duty Status (ELD Required): using a commercial vehicle without the required electronic logging device or valid time records.
  3. Inoperable Required Lamp: crucial lights (headlights, brake lights, turn signals, etc.) are not functioning properly.
  4. Operating a Commercial Motor Vehicle Without a Commercial Driver’s License (CDL)
  5. Operating a Commercial Motor Vehicle Without Proof of a Periodic Inspection: failure to meet FMCSA the maintenance standards of a required annual inspection.

Why is updating VMT important for compliance?

VMT is tracked to determine fuel tax obligations (Vehicle Miles Traveled Tax) used for road maintenance and improvements. Trucking companies must keep accurate records of VMT to ensure they pay the correct amount of taxes.

How often should VMT be updated?

For motor carriers VMT must be updated every two years along with the MCS-150 form for the Biennial Update.

Can VMT be tracked automatically with technology?

Yes, Electronic Legging Devices (ELDs), Fleet Management Apps, and Mileage Tracking Software are all technological advancements that can simplify the process of VMT tracking.

How does VMT affect taxes and fuel reporting?

Accurate VMT records help document mileage for business-related tax deductions, ensuring compliance with IRS regulations. It also supports fuel tax reporting by tracking the miles each vehicle travels in different jurisdictions, which is essential for state and federal fuel tax calculations. Proper tracking reduces errors, prevents penalties, and provides a clear record of operational costs.

How do I know when my Biennial Update is due?

  • Your filing schedule depends on the last two digits of your USDOT number. The last digit corresponds with what month the form needs to be filed in. January is 1, February is 2, March is 3, etc. The next to last digit determines the year (odd-numbered year or even numbered year). For example, DOT number 1234567 files their biennial update in July (7) of every even year (6). Contact us today to see if you’re due.

Does the Biennial Update cost money to file?

While you can file your Biennial Update yourself for no cost through FMCSA. The process can often be confusing and time-consuming. Our team can handle your filing for you, simplifying the process for you.

Do intrastate carriers need to file the update?

Yes, even if carriers stay within state lines, a biennial update is still needed for their USDOT number.

What happens if I miss my filing deadline?

  • Failure to complete biennial update to FMCSA can be subject to fines with a maximum penalty of $10,000. If your update is past due, you can still file it to restore your compliance status. Contact us today to file your form! https://dotcompliancegroup.com/bu-update/ 

What are the new FMCSA rules in 2025?

  1. Civil Penalty Amount Increases
  2. Drug & Alcohol Clearinghouse Becomes Exclusive Source for checking driver history.
  3. ELD Technology Required
  4. SMS (Safety Measurement System) Modernization
  5. Crash Preventability Determination Program Expanded

When do the 2025 FMCSA regulations take effect?

The confirmed dates these regulations take effect is May 30, June 23, October 1, 2025.

How can trucking companies prepare for these changes?

Regularly reviewing your Safety Measurement System (SMS) scores and maintaining personal checklists for inspections, driver qualification files, and drug and alcohol testing helps catch issues before they affect audits. Partnering with DOT Compliance Group streamlines filings, reporting, and ongoing monitoring, taking the guesswork out of FMCSA regulations and keeping your operation audit-ready year-round.

What Triggers a DOT Compliance Review?

A DOT compliance review is triggered when FMCSA wants to ensure a carrier is following safety regulations. Common triggers include high SMS safety scores, a history of crashes or violations, and previous noncompliance. Staying proactive with accurate records, driver files, and regular internal audits helps reduce the likelihood of a review.

Where can I get help with FMCSA filings?

DOT Compliance Group can assist with any help or questions you may have about FMCSA filings. Call 972-476-9962.

How long are violations kept on record?

According to the Clearinghouse rules, drug and alcohol violations remain in the FMCSA Clearinghouse for five years, provided all requirements (such as completing the return‑to‑duty process) have been met before that period ends.

What if an employer makes a mistake in reporting?

In practice, correcting an employer reporting error typically involves identifying the mistake in the database and then submitting a request for correction through the Clearinghouse portal or FMCSA procedures, so the record reflects accurate information. 

What are the penalties for non-compliance?

FMCSA rules allow civil penalties for non‑compliance, and separate authorities note that employers who fail to meet Clearinghouse requirements may face civil fines or criminal penalties under federal regulations.

Do trucking companies check the Clearinghouse?

Yes — trucking companies check the Clearinghouse as part of their hiring and compliance process. The FMCSA Clearinghouse is designed so employers can search a driver’s drug and alcohol violation records before permitting them to operate a commercial vehicle. Employers are required to conduct these queries for both prospective and current drivers as part of compliance.

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