Is DOT Putting Truck Safety at Risk with Its New Enforcement Policy?
A proposed policy change from the U.S. Department of Transportation (DOT) has sparked serious concerns across the trucking and safety advocacy communities. At the heart of the issue is a shift in how enforcement actions — including those for safety violations — will be handled going forward.
Rather than being managed directly by regulatory agencies like the Federal Motor Carrier Safety Administration (FMCSA), many of these violations would instead be pursued in federal court. Critics say this could delay enforcement, reduce accountability, and make it harder to hold unsafe carriers responsible.
From FMCSA to Federal Court — A Major Shift in Oversight
The Notice of Proposed Rulemaking (NPRM), released in May, outlines a framework where enforcement would only remain within an agency like the FMCSA if clearly authorized by statute. Otherwise, violations would be handled through the Department of Justice in federal court.
This is a dramatic departure from long-standing practice and raises serious logistical and legal questions for the industry.
Advocates for crash victims argue this approach will undercut regulatory power and let unsafe carriers slip through the cracks. As Zach Cahalan, executive director of the Truck Safety Coalition, put it: “This will result in far less enforcement and more unsafe carriers operating discriminately on our roads.”
The Brady Rule — A Fairness Tool or a Delay Tactic?
The DOT also proposes to apply the “Brady rule” to all enforcement actions, meaning any exculpatory evidence that might reduce or eliminate a violation must be disclosed. While this promotes fairness, it also opens the door for legal challenges that can stall enforcement.
Legal experts worry this could be abused by carriers looking to delay proceedings. Brian Stansbury, former FMCSA chief counsel, said: “Bad actors are probably the ones most inclined to operate unsafely. It’s the risk of abuse that we have to be thoughtful about.”
Industry Concerns: Delays, Compliance Gaps, and Uncertainty
While some may see this as a win for carriers, others in the industry are wary. P. Sean Garney of Scopelitis Transportation Consulting notes that the policy isn’t necessarily pro-industry — it’s more about changing regulatory philosophy.
He warns that weakening the role of agency-issued guidance could actually hurt good actors trying to stay compliant. Without clear documentation from FMCSA, many fleets may find themselves navigating gray areas of compliance without a map.
What This Means for Fleet Safety and Risk Exposure
For carriers and insurance providers, this policy shift creates several pressing challenges:
Delayed enforcement may let violations go unchecked for longer periods
Increased litigation means higher legal costs for carriers involved in enforcement disputes
A weaker role for FMCSA could reduce consistency in compliance expectations
Safety scores and public records may lag behind actual carrier behavior
Allcom Insurance is closely watching this policy’s progression. If enacted, it may require updates to how carriers track violations, document safety procedures, and respond to FMCSA inquiries. It could also increase underwriter scrutiny around regulatory compliance and risk assessment.
What Fleets Should Do Now
The public comment period for this rule closes on June 16. Carriers should:
Submit feedback to the DOT if concerned about enforcement fairness or clarity
Strengthen in-house compliance tracking to prepare for potential court-based enforcement
Review safety documentation and ensure consistent onboarding, inspection, and training procedures
Partner with legal counsel or compliance experts who understand FMCSA enforcement practices
This isn’t just an agency-level adjustment — it could redefine how safety violations are enforced across the industry.
Final Takeaway
Whether you view this proposal as regulatory streamlining or a rollback of safety oversight, one thing is clear: it represents a major change in how trucking compliance will be policed.
Carriers must prepare for a future where enforcement becomes more legalistic, less centralized, and potentially slower. And as always, safety-forward fleets that emphasize training, documentation, and proactive compliance will be best positioned to adapt.
At Allcom Insurance, we help fleets navigate the changing regulatory landscape with custom risk solutions and real-world operational guidance.
📞 Call 866-277-9049 or visit www.allcomins.com to schedule a fleet risk assessment and policy review.
Let’s keep your operation protected, no matter what direction enforcement policy takes next.