By Gallagher Sharp LLPThe Federal Motor Carrier Safety Administration’s (FMCSA) recent guidance regarding rear impact guard certification labels marks a significant shift in regulatory enforcement that has important implications for motor carriers.
Under FMCSR 393.86, most trailers must be equipped with rear impact guards that meet the safety standards outlined in Federal Motor Vehicle Safety Standards (FMVSS) No. 223. These guards serve to reduce the severity of rear-impact underride accidents. The regulation includes a specific requirement under 393.86(a)(6) that each guard must bear a permanent certification label on either the forward or rearward facing surface of the guard, containing specific manufacturing information and DOT certification.
However, this labeling requirement has long been a thorn in the side of motor carriers. Through normal operations, these labels frequently become damaged or illegible due to road debris, weather exposure, and general wear and tear. Manufacturers are often reluctant to provide replacement labels for used equipment, leaving carriers in a difficult position: either risk citations for non-compliance or incur further costs with replacing labels for otherwise perfectly functional guards.
The FMCSA’s December 2024 guidance represents a practical approach to this dilemma, advising that an illegible, incomplete, or missing certification label will not be considered a violation of 393.86. This effectively instructs enforcement officers to focus on the guard’s physical requirements – width, height, and structural integrity – rather than the condition of the label. While this guidance provides welcome relief for carriers facing costly compliance challenges, it is important to note that it does not formally change the underlying regulation.
While motor carriers may no longer face regulatory citations for damaged or missing labels, the plaintiff’s bar may still attempt to use non-compliant labels to argue that the absence of a proper certification label suggests the guard does not meet the standards set forth under FMVSS No. 223.While the condition of the label itself should have nothing to do with whether the rear impact guard is fully functional and compliant with 393.86, motor carriers should focus on ensuring rear impact guards are maintained and functional, regardless of the condition of their certification labels.