November 12 – According to a ruling by the District of Columbia Circuit Court of Appeals, trailers will not have to adhere to stricter emissions and fuel standards.
The EPA and NHTSA set new standards that went into effect in December 2017, but a lawsuit filed by the Truck and Trailer Manufacturers Association paused those standards during litigation.
Trailers would have likely been required to utilize costly aerodynamic technologies such as side skirts, automatic tire pressure systems, wheel covers and tail skirts in order to comply.
In its ruling, the Court of Appeals panel deemed that trailers are not self-propelled, and since the EPA regulates “motor vehicles”, the standards set by the Agency are outside of their authority. The EPA argued that the tractor-trailer as a whole should be considered the pertinent vehicle, but the court was not convinced. With regard to the NHTSA, the court found that the Administration can regulate “an on-highway vehicle with a gross vehicle weight rating of 10,000 pounds or more.” Since the term “vehicle” was not defined, the court based on the context, found that in this case the Administration’s reach is limited to machines that use fuel which negates the rule.
The three-judge panel was not unanimous in their decision as Circuit Judge Patricia Millett filed a dissent to the findings of NHTSA’s rule. Judge Millett, citing the Motor Vehicle Information and Cost Savings Act, argued that “vehicles” should be interpreted to• include trailers as it defines “motor vehicle” to include “vehicles” that are “driven or drawn by mechanical power”. The court ultimately vacated all portions of a 2016 final rule on greenhouse gas emission standards that apply to trailers.
Industry professionals have dodged a costly bullet that they claim was a one-size fits all solution and not appropriate for all trucking sectors. For example, fully-loaded trailers used for over-the-road applications will gain efficiencies whereas those operating in local deliveries are burdened with extra weight and will lose efficiency. Furthermore, these areas of efficiency are being achieved organically without the need of overreaching and costly regulatory interference.