Regulators and lawmakers in late January had the trucking industry top of mind. The Pipeline and Hazardous Materials Safety Administration (PHMSA) is requesting industry feedback on the safety of using electric trucks to transport hazmat, while legislation was introduced in the U.S. House related to the Federal Motor Carrier Safety Administration's DataQs and Pre-Employment Screening Program.
PHMSA's request is asking for feedback on the safety risks, operational challenges, and regulatory considerations associated with transporting hazardous materials using heavy-duty electric vehicles compared to traditional internal combustion engine (ICE) vehicles.
PHMSA said the goal of its request is to “understand what impact the transition from ICE to EV motor carriers may have on hazmat packaging integrity, transportation safety, emergency response protocols, regulatory compliance, and overall vehicle risk.”
Information collected during the 90-day comment period may be used in developing further research into the safety of transporting hazmat in EVs, the agency added.
“Hazmat transportation historically has depended on gasoline and diesel-powered motor carriers, which operate under established safety regulations, containment protocols, and response procedures,” PHMSA said in a Federal Register notice publishing Monday, Feb. 2.
With the use of electric trucks becoming more prevalent, new factors including battery chemistry, powertrain design differences, charging infrastructure, and vehicle weight distribution, could introduce safety risks not associated with ICE vehicles, the agency noted.
PHMSA is requesting input from industry experts, fleet operators, manufacturers, emergency responders, regulatory agencies, and other stakeholders to help identify safety gaps, emerging safety innovations in transportation technology (or next-generation safety solutions), and potential regulatory adaptations related to hazmat transportation across various technologies.
Responses should compare the risks between heavy-duty EVs and ICE vehicles, with a focus on hazmat packaging and product safety, as well as risks to the vehicles. Specific questions can be found in the notice.
The comment period will open when the notice publishes Feb. 2. Comments can be filed at www.regulations.gov by searching Docket No. PHMSA-2025-0678.
Bill to reform PSP, DataQs process reintroduced
In other regulatory news, legislation introduced this week in the U.S. House takes another shot at DataQs reform after similar legislation stalled in the previous Congress.
Reps. Tracey Mann (R-Kansas) and Sharice Davids (D-Kansas) reintroduced the “Motor Carrier Safety Screening Modernization Act,” which would require the Federal Motor Carrier Safety Administration to establish guidelines for states to follow in reviewing DataQs-system challenges to citations and violations. Currently, states have the authority to establish their own review process.
The legislation would also expand access to FMCSA’s Pre-Employment Screening Program (PSP), allowing motor carriers to review safety records for both prospective and current drivers rather than just for pre-employment purposes.
“The men and women who keep our supply chain efficient play a critical role in feeding, fueling, and clothing the world,” said Rep. Mann. “This commonsense legislation makes our roadways safer, gives trucking companies the tools they need to strengthen driver training and safety programs, and improves the efficiency of our supply chain. By cutting unnecessary red tape and ensuring accuracy in driver safety records, we can better support both our nation’s truckers and the businesses that rely on them every day.”
Under terms of the bill, if a citation or violation is being contested with a DataQ, the bill would require that the citation or violation be labeled to indicate that it is being contested in
the Motor Carrier Management Information System (MCMIS) and other relevant databases.
The bill would also amend the DataQ appeals process by requiring FMCSA to enact program participation guidelines that direct states and other federal agencies that receive Motor Carrier Safety Assistance Program funding to provide for an appeals process in which, following the conclusion of a request for data review, an affected party can appeal the decision. Such an appeal would have to be adjudicated by a person other than the officer that issued the violation.
FMCSA last year proposed to essentially do just that with more impartiality in the challenge process, among other proposals.
[Related: DataQs reform: FMCSA pivots to new state requirements for funding]
Since 2009, the PSP has provided motor carriers access to data on serious driver-related safety violations during the hiring process, but current law prohibits carriers from accessing those same records after a driver is hired. The legislation updates the PSP to allow for continuous access, helping companies identify safety issues early, expand training, and reduce future roadway crashes.
According to a press release from Rep. Mann, the bill has received support from the American Trucking Associations, Commercial Vehicle Safety Alliance, National Safety Council, Owner-Operator Independent Drivers Association, Specialized Carriers and Rigging Association, Truckload Carriers Association, Women in Trucking and others.
The legislation was previously introduced in 2023 and passed the House Transportation Committee, but it never made it to the House floor for a vote.
