Faded or missing rear-impact guard labels do not indicate a current compliance issue, the Federal Motor Carrier Safety Administration said in guidance issued on Tuesday, Dec. 10.
The clarification was issued in response to efforts by the Owner-Operator Independent Drivers Association, the Commercial Vehicle Safety Alliance and the American Trucking Associations.
Question: Does an illegible, incomplete or missing rear-impact guard certification label establish a violation of 49 CFR 393.86(a)(6) or indicate that the impact guard did not meet the National Highway Traffic Safety Administration’s strength and energy absorption requirements applicable to manufacturers at the time the trailer was built?
Simply, FMCSA’s guidance says no.
“The regulation in 49 CFR 393.86(a)(6) requires a rear-impact guard to be permanently marked or labeled as required by Federal Motor Vehicle Safety Standard No. 223,” FMCSA wrote. “NHTSA determined that labels that wear, fade or are removed during repair do not indicate a current compliance issue with the requirements in FMVSS No. 223. FMCSA is also aware that a motor carrier may be unable to replace an illegible, incomplete or missing certification label.”
The clarification is an important one, OOIDA said.
“OOIDA’s collaborative efforts with CVSA and ATA have resulted in FMCSA issuing important new guidance on rear-impact guard stickers,” said Collin Long, OOIDA’s director of government affairs.
Instead of focusing on the label, FMCSA said the condition of the rear-impact guards should be inspected to ensure compliance with the safety requirements.
Those provisions include:
- General requirements (section 393.86(a)(1))
- Guard width (section 393.86(a)(2))
- Guard height (section 393.86(a)(3))
- Guard rear surface (section 393.86(a)(4))
- Cross-sectional vertical height of the horizontal member (section 393.86(a)(5))
It must be noted that regulatory guidance does not have the force and effect of law. Instead, guidance is intended to provide information and clarity regarding existing requirements under the law or regulatory policies. LL
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