by Larry Mino; US Department of Transportation Office of Motor Carrier Safety

The U.S. Department of Transportation (DOT) has issued a new rule requiring that businesses operating commercial motor vehicles install retroreflective tape or reflex reflectors on the sides and rear of their semi-trailers and trailers manufactured before December 1, 1993. The rule applies to semitrailers and trailers that have an overall width of 80 inches or more, and a gross vehicle weight rating of 10,001 pounds or more. These businesses have until June 1, 2001 to comply with the new rule.

The DOT estimates that the total costs for businesses to comply with the rule will be $228 million with the safety and economic benefits totaling $360 million. The rule will cover approximately one million trailers. It's believed that the rule will prevent 102 fatalities and 1,766 injuries over a 10-year period. The rule will also prevent 2,556 property damage only accidents.

How Did We Get Here?
The DOTÕs Federal Highway Administration (FHWA) first requested public comment on developing a retrofitting requirement in 1994. The agency published an advance notice of proposed rulemaking summarizing the National Highway Traffic Safety Administration's (NHTSA) research concerning the use of retroreflective sheeting on trailers, and asking several questions about the feasibility of retrofitting older vehicles and the potential costs.

The FHWA received 955 comments in response to the advance notice of proposed rulemaking. The strongest voice of support came from concerned private citizens -- a total of 828 responses. The FHWA received 321 responses on behalf of Carl Hall, who was killed in a collision with a tractor-semi-trailer that blocked the road as the truck driver backed the vehicle into a driveway. Another 285 responses were on behalf of Guy Crawford, a 16-year old boy who was killed in an underride accident with a coal truck. The remaining 223 responses were received from other concerned citizens, many of whom lost family members or friends in accidents involving commercial motor vehicles.

Although the vast majority of the people responding to the advance notice expressed strong support, 40 responses from motor carriers and industry groups were either opposed to any type of retrofitting requirements, or supportive of the concept of voluntary use of conspicuity treatments but opposed to requiring the red-and-white color scheme required by NHTSA on new trailers since December 1993.

The FHWA proposed specific regulatory requirements in June1998 shortly after the passage of the Transportation Equity Act for the 21st Century (TEA-21). TEA-21 included a provision directing the agency to issue a final rule by June 1999. The agencyÕs proposal included detailed language to require retroreflective sheeting or reflex reflectors (conspicuity treatments) along the sides and rear. The proposal also included flexibility in terms of the colors and requested public comments on allowing businesses two years to install some sort of conspicuity treatment, and up to 10 years to convert to the red-and-white treatment required for new semitrailers and trailers.

The agency received 700 comments in response to the proposal. Again the strongest voice of support came from concerned citizens -- a total of 652 responses. The FHWA received 549 responses from the Amy Elizabeth Corbin Foundation for the Promotion of Highway Safety, an organization established in memory of an 18-year old who was killed in a collision with a tractor-semitrailer that blocked the road as the truck driver was making a turn across a highway. Another 72 responses were on behalf of Stacey Balascio, a 24-year old passenger who died when the car she was riding in struck the rear of a parked tractor-semitrailer. The agency also received more letters from the family and friends of Carl Hall. The remaining comments from concerned citizens included letters from families and friends of other accident victims, survivors of collisions between passenger cars and tractor-semitrailer combination vehicles, and individuals who saw a recent network television news program that discussed the FHWAÕs rulemaking concerning trailer conspicuity.

Despite the overwhelming support for the concept of using conspicuity treatments of some form to help motorists detect trailers at nighttime, almost all of the commenters believed the agencyÕs proposal would either provide the motor carrier industry with too much flexibility (e.g., allowing the use of alternative colors during the proposed transition period), or not provide the motor carrier industry with enough time to comply with the rule (e.g., requiring that the industry complete the retrofitting within two years of the effective date, and mandating the use of red and white conspicuity treatments 10 years after the effective date of the rule).

In issuing its final rule on March 31, 1999, the agency stated that it agrees with those who argue that all older trailers should be retrofitted with red-and-white conspicuity treatments. However, the FHWA made it clear that it does not intend to penalize motor carriers that have voluntarily retrofitted their trailers with conspicuity treatments of alternative colors. The FHWAÕs final rule allows carriers 10 years to continue to use the non-conforming colors. The end of the 10-year period coincides with the expected end of the useful service life of the vehicles in question (except tank trailers).

What Now?
In response to the Department of Transportation and Related Agencies Appropriation Act, the Secretary of Transportation rescinded the authority previously delegated to the Federal Highway Administrator to perform motor carrier functions and operations. This authority has been redelegated to the Director, Office of Motor Carrier Safety (OMCS), a new office within the Department of Transportation. As a result of the redelegation, the conspicuity retrofitting rule, along with all the other Federal Motor Carrier Safety Regulations, are now the responsibility of the OMCS.

Businesses that have trailers have until June 1, 2001 to put some type of conspicuity treatment on their trailers. The locations for the tape are the same as on new trailers except the OMCS does not require tape on the rear underride devices. Companies can use almost any color or color combination but have to have their trailers equipped with red-and-white retroreflective material by June 1, 2009.

The National Tank Truck Carriers (NTTC) have filed a petition for reconsideration of the final rule, requesting that the agency extend the June 2001 deadline. However, the agency has not announced a decision on the issue.

Where do I go to get more information?
All of the information reviewed by the agency is available to the public over the Internet. The rulemaking file or docket file may be accessed by going to http://dms.dot.gov and searching for docket number 2222. To find out more about other motor carrier rules and activities visit: