The Federal Highway Administration (FHWA), a division of the U.S. Department of Transportation, has officially issued a request for public comment regarding a proposed update to the definition of “automobile transporter.” This notice, initially published in September 2017, signals a potential shift in how certain vehicle configurations are classified and regulated under federal law, specifically concerning length limitations and operational standards.
The core of the FHWA’s request revolves around whether to include “non-cargo-carrying tractor-high mount automobile semi-trailer combinations” within the definition of an automobile transporter. Currently, the established definition and related regulations primarily cater to vehicle combinations capable of carrying vehicles both on the trailer and on the power unit (tractor). High-mount configurations, by their design, do not allow for vehicle transport on the power unit itself.
To fully grasp the significance of this proposed change, it’s essential to understand the existing framework governing Auto Transporters.
Understanding the Current Definition of Auto Transporter
Federal regulations, particularly 49 U.S.C. 31111(a)(1) and 23 CFR 658.5, define an “automobile transporter” as any vehicle combination specifically designed and utilized for the transportation of assembled highway vehicles, including truck camper units. This definition is crucial because it categorizes these vehicles as specialized equipment, granting them certain exemptions and allowances, notably in terms of overall length and overhang.
Within this classification, the FHWA recognizes three main types of auto transporters:
- Traditional Auto Transporters: These are the most common type, often referred to as “low boys,” and are designed to carry vehicles on both the tractor and the trailer.
- Stinger-Steered Auto Transporters: These configurations are characterized by a steering mechanism located behind the fifth wheel and are also capable of carrying vehicles on both units.
- High-Mount, Truck-Tractor-Semitrailer Combinations: This is the specific configuration under review. These combinations feature a tractor pulling a semi-trailer but are not designed to carry vehicles on the tractor itself.
The distinction is critical because the classification as an “automobile transporter” triggers specific federal provisions regarding vehicle length. For traditional and “low boy” auto transporters, states cannot impose an overall length limitation of less than 65 feet. For stinger-steered auto transporters, this limit is extended to 80 feet. These length provisions are exclusive of front and rear cargo overhang, providing additional operational flexibility.
Conversely, other truck tractor-semitrailer combinations that do not fall under the “auto transporter” definition are subject to different, often more restrictive, length regulations determined by individual states, as outlined in 23 CFR 658.13(c).
FHWA’s Policy Stance and Reconsideration
Historically, the FHWA has maintained a policy that to be classified as an automobile transporter, a vehicle combination must be capable of carrying cargo on the power unit. This stance effectively excluded high-mount, truck-tractor-semitrailer combinations from the auto transporter category, as these designs do not accommodate vehicle transport on the tractor.
However, recent inquiries and a re-examination of the Surface Transportation Act of 1982, specifically section 411(f), have prompted the FHWA to reconsider this policy. The Act mentions that “a tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit,” which, upon review, suggests a potential legislative basis for including high-mount configurations within the definition of auto transporters, even without the capacity to carry vehicles on the power unit.
This reinterpretation could have significant implications for the auto transport industry.
Implications of Redefining “Auto Transporter” to Include High-Mount Configurations
Redefining “automobile transporter” to encompass high-mount, truck-tractor-semitrailer combinations would mean these vehicles would become subject to the same federal length allowances currently applicable to traditional auto transporters. This shift would preempt state laws imposing more restrictive length limitations, potentially streamlining interstate commerce and offering operational advantages to the vehicle shipping sector.
To fully assess the impact and implications, the FHWA’s request for comments specifically seeks input on several key questions:
- Impact on Interstate Commerce: How would including high-mount combinations in the definition of auto transporter affect the flow of goods and vehicles across state lines? Would it enhance efficiency and reduce regulatory burdens?
- Safety Considerations: Are there any safety concerns associated with high-mount, truck-tractor-semitrailer combinations operating as auto transporters on the National Network? This includes aspects like vehicle stability, maneuverability, and driver training.
- Implementation Challenges: What are the practical implications for roadside enforcement and necessary changes to state laws if federal regulations were to govern the operation of these vehicle configurations on the National Network?
- Existing State Laws: What state laws are currently in place regarding high-mount, truck-tractor-semitrailer combinations? The FHWA requests legal citations to understand the existing regulatory landscape.
- State Practices: Are there states that already permit high-mount combinations to operate under the same length provisions as traditional auto transporters? Understanding these precedents is crucial for informed decision-making.
- Additional Relevant Information: The FHWA welcomes any other information related to safety, vehicle productivity, or infrastructure preservation that is relevant to these considerations. This broad question allows stakeholders to contribute any pertinent data or insights.
Call to Action: Public Comments Needed
The FHWA’s request for comments underscores the importance of stakeholder input in shaping regulatory decisions. By seeking public feedback, the agency aims to make a well-informed decision regarding the proposed definition update, balancing the needs of the auto transport industry with safety and regulatory considerations.
The comment period, with an original deadline of October 16, 2017, provided an opportunity for industry stakeholders, state transportation agencies, safety advocates, and the general public to voice their opinions and provide valuable data to inform the FHWA’s decision-making process. While the original deadline has passed, understanding the issues raised in this notice remains pertinent for anyone involved in or affected by the auto transport industry.
This initiative highlights the ongoing dialogue and evolution within transportation regulations to adapt to industry needs and technological advancements, ensuring both efficiency and safety on the nation’s highways. The potential redefinition of “auto transporter” is a significant example of this process, with implications that could reshape aspects of vehicle transportation across the United States.
