Throughout the lifespan of a trailer, these certification labels often suffer damage from debris and general wear, yet manufacturers frequently hesitate to replace them. This leaves fleet managers in a difficult position, caught between risking citations for non-compliance or retiring a compliant rear-impact guard simply because the label is missing.

In response to these growing concerns, the Commercial Vehicle Safety Alliance (CVSA) petitioned the FMCSA last year to rescind the certification label rule. Although the FMCSA denied the petition, they issued guidance in December stating that a missing or incomplete certification label would not be considered a violation of existing regulations. This guidance aims to alleviate some of the pressure on fleets, as it instructs federal enforcement officers not to penalize for the absence of these labels.

Kerri Wirachowsky, CVSA’s director of inspection programs, expressed relief about the guidance, noting that as long as it remains available on the FMCSA’s website, fleets should not be concerned about potential violations. The guidance clarifies that illegible, incomplete, or missing labels do not imply that a rear-impact guard fails to meet safety standards set by the National Highway Traffic Safety Administration (NHTSA). Instead, inspectors are encouraged to focus on other critical aspects of the rule, including the guard’s dimensions and structural integrity.

Despite the recent guidance, CVSA is still advocating for a permanent rule change. Wirachowsky emphasized the need to remove the certification label requirement entirely, as guidance can change and is often difficult to locate. Kevin Grove, director of safety and technology policy for the American Trucking Associations (ATA), echoed this sentiment, acknowledging that while a permanent solution would be ideal, the current guidance at least mitigates issues related to missing labels that do not indicate unsafe conditions.

The existing regulation mandates that trailers equipped with rear-impact guards display a label containing the manufacturer’s information, production date, and certification that the guard meets federal standards. Historically, enforcement of this rule has been infrequent, with data from 2017 and 2018 reflecting minimal violations related to rear-impact guards.

In 2018, the CVSA even initiated a targeted enforcement blitz to raise awareness about these guards, yet the lack of violations suggests that the issue may not be as significant as previously thought. As discussions continue, the trucking industry remains focused on achieving a regulatory environment that better reflects the realities of fleet operations while ensuring safety on the roads.