The Federal Highway Administration (FHWA), a division of the U.S. Department of Transportation (DOT), is requesting public comments on a potential update to the definition of “automobile transporter.” This notice, officially published and open for comments until October 16, 2017, explores the inclusion of a specific type of vehicle combination—the non-cargo-carrying tractor-high mount automobile semi-trailer—within the regulatory definition of Automobile Transports. This re-evaluation could have significant implications for vehicle length regulations, interstate commerce, and the operational landscape for automobile transport companies.
Understanding Current Automobile Transporter Regulations
Federal regulations currently define automobile transports as specialized vehicle combinations designed for the safe and efficient movement of assembled highway vehicles. This definition is crucial as it dictates specific length limitations and overhang allowances under federal law, overriding less favorable state regulations in order to facilitate smooth interstate transport. These regulations, rooted in 49 U.S.C. 31111(a)(1) and 23 CFR 658.5, categorize automobile transporters into configurations like traditional, “low boys,” and stinger-steered, each with defined operational parameters under 23 CFR 658.13(e)(1)(i).
A key aspect of the current FHWA policy is the requirement that to be classified as an automobile transporter, the vehicle combination must be capable of carrying vehicles on the power unit or tractor itself. This capability is central to differentiating automobile transports from other truck tractor-semitrailer combinations, which are subject to different, often more restrictive, length regulations outlined in 23 CFR 658.13(c).
FHWA’s Reconsideration: The High-Mount Configuration
The current request for comments stems from a re-examination of whether to include non-cargo-carrying tractor-high mount automobile semi-trailer combinations in the definition of automobile transports. These “high-mount” configurations, unlike traditional automobile transports, are not designed to carry vehicles on the tractor unit. Historically, FHWA’s interpretation has been that these high-mount combinations do not qualify as automobile transports under existing regulations due to this lack of cargo-carrying capacity on the power unit.
However, recent inquiries and a review of the Surface Transportation Act of 1982, specifically section 411(f), have prompted the FHWA to reconsider this stance. The Act states that “a tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit,” suggesting a potential flexibility in interpretation that could encompass combinations not utilizing the tractor for cargo. This re-evaluation suggests that the DOT may have the authority to broaden the definition without needing new Congressional action.
Potential Impacts of Redefining Automobile Transports
Redefining high-mount combinations as automobile transports would have immediate regulatory consequences. Primarily, it would extend the federal length allowances currently applicable to traditional automobile transports to these high-mount configurations. This means states would be prohibited from imposing overall length limitations less than 65 feet and specific overhang limitations, ensuring consistency across state lines for these vehicles operating on the National Network.
This potential shift raises several critical questions regarding the broader impact on the transportation industry and regulatory environment. The FHWA is specifically seeking public comment to address these concerns, focusing on key areas:
- Interstate Commerce: How would including high-mount combinations in the definition of automobile transports affect the flow of goods and vehicles across state lines? Would it streamline operations and improve efficiency for automobile transport companies?
- Safety: Are there any safety implications associated with classifying high-mount combinations as automobile transports, particularly concerning their operation on the National Network? Do these configurations present unique safety challenges or benefits compared to traditional automobile transports?
- Implementation and Enforcement: What are the practical implications for roadside enforcement and state law adjustments if federal regulations were to govern high-mount combination operations? How would states need to adapt their current laws and enforcement practices?
- State Regulations: What state laws are currently in place that specifically address high-mount, truck-tractor-semitrailer combinations? Are there states already applying automobile transporter length provisions to these configurations? Understanding the existing patchwork of state regulations is crucial for informed federal policy-making.
- Comprehensive Impact Assessment: The FHWA is also interested in any additional information related to safety, vehicle productivity, and infrastructure preservation that stakeholders believe is relevant to this definitional question. This includes data, insights, and perspectives that can provide a holistic view of the potential impacts.
Call for Public Comments
The FHWA’s request for comments is a crucial step in determining the future regulatory landscape for automobile transports. By seeking input from affected stakeholders and the public, the agency aims to make informed decisions that balance efficiency, safety, and regulatory clarity. The questions posed by the FHWA are designed to gather comprehensive feedback on the practical, safety, and economic implications of redefining automobile transports to include high-mount combinations.
Stakeholders are encouraged to submit their comments through the Federal eRulemaking Portal at http://www.regulations.gov, or via mail or hand delivery to the DOT Docket Management Facility. All submissions must reference Docket No. FHWA-2017-0030 to ensure proper consideration. This public input period represents a vital opportunity for the transportation industry and interested parties to shape the future definition of automobile transports and its consequential regulations.
