Surge

ISSUE BRIEF Surge Brakes

Issue:

On October 6, 2005, the Federal Motor Carrier Safety Administration (FMCSA) published a Notice of Proposed Rulemaking that would allow surge brakes to be used on trailers in interstate commerce. This proposal provides the remedy sought in a petition filed in February 2002 by the ARA and an ad hoc coalition of trailer manufacturers and users.

Background:

Many types of small trailers are equipped with surge brakes. FMCSA which has jurisdiction over regulations that set braking system specifications. FMCSA has had rules in place prohibiting surge brakes on trailers used in interstate commerce. Several states adopted the FMCSA rules; however, most of the prohibitions are for commercial use. Therefore, private vehicles can tow trailers equipped with surge brakes but commercial vehicles cannot. The FMCSA regulations created a double standard that creates a number of difficult administrative enforcement and safety problems for rental businesses and their consumers. The NPRM would reverse the current rules and allow surge brakes to be used on all trailers under 20000 pounds.

Conclusion:

ARA will continue to be engaged with FMCSA until a final rule is published. We anticipate a final rule by October 2006. We appreciate the support given to ARA by many Members of Congress as we struggled to get our petition for regulatory review considered.