NEW FEDERAL ACTIONS
Freedom to Fix: On June 29, the president issued a memorandum to the EPA’s Administrator Lee Zeldin to: (1) provide guidance on what actions individuals may take on their own vehicles to conduct (or have conducted) emission repairs, (2) consider requests from organizations capable of certifying aftermarket parts to reduce reliance on CARB certification, and (3) consider deprioritizing civil enforcement actions against anyone “who, in good faith, attempts to fix his or her own vehicle to its original configuration.”
Two days later, on July 1, the EPA made related announcements. First, the EPA would recognize the Specialty Equipment Market Association (SEMA) as an alternative certification authority for aftermarket parts and use SEMA’s Certified Emissions Program to show compliance with the Clean Air Act. Additionally, the EPA provided guidance to manufacturers reaffirming an individual’s right to repair and ensure manufacturers make appropriate tools and data available.
GHOSTRUCK Act: On June 18 the “Guarding Hours-of-Service Oversight and Stopping Tampering by Remote Unofficial Carrier Keeper (GHOSTRUCK) Act” was introduced in the House. The GHOSTRUCK Act would require ELD edits or annotations to be made by carrier’s authorized employees or agents physically located in North America. Prosecution can sometimes be challenging when ELD tampering occurs from foreign actors outside North America. This bill would allow any “bad actors” to be more easily prosecuted in the event of ELD tampering. The bill has been referred to the House Committee on Transportation and Infrastructure.
FET Repeal: On June 2, Senators Todd Young (R-IN) and Angela Alsobrooks (D-MD) introduced the “Modern, Clean, and Safe Trucks Act.” It would repeal the 12% FET. A repeal of the FET is introduced almost every year and never goes anywhere, but it is heavily supported in the industry by the likes of the ATA and NTEA among others.
BUILD America 250: On May 19, the “BUILD America 250 Act” was introduced in the House. The bill is the next piece of surface transportation authorization legislation (following the Biden administration’s 2021 Infrastructure Investment and Jobs Act) which authorizes $580 billion over five years (FYs 2027–31) to invest in infrastructure, transportation, and highway and carrier safety programs. Just over $474 billion is guaranteed through the Highway Trust Fund with the remaining $106 billion subject to annual appropriates. Funds include $5 billion for FMCSA programs and grants, CDL implementation, and enforcement training. If passed, it will become the first piece of legislation to establish a federal framework for autonomous commercial vehicles.
The bill also has several provisions relating to the CV workforce. It would extend the Safe Driver Apprenticeship Pilot Program and create a workforce development program related to supporting the CV workforce in adapting to new technology (like AVs). It mandates the removal of noncompliant CDL training providers from the Training Provider Registry and updates the CV operator training grant program to prioritize quality providers. It also directs FMCSA to align certification and training standards for roadside inspectors and instructors with those currently required by the CVSA.
BUILD America 250 also tackles certain CV safety issues. Grappling with the ongoing ELD issues FMCSA is dealing with, this bill would require verification of the contact information of the certification applicant and the technical specs of the ELD and cross reference the certification application against revoked ELDs that have not met the certification criteria. And a running list of ELDs that do and do not meet the criteria would need to be maintained.
It would also allow motor carriers to access safety records for prospective and current drivers with any serious driver-related violations flagged in a federal database. The bill would also require employers to retain records of post-accident alcohol or controlled substance tests for a minimum of five years. There are also requirements for a new transportation rulemaking committee to assess potential minimum knowledge requirements for carriers registering with DOT.
The BUILD America 250 Act has been approved by the House Transportation & Infrastructure Committee with markup amendments. A notable amendment would establish a voluntary pilot program that would allow states to raise GVW limits on federal interstates. Participating states could opt to raise the limit from 80,000 to 91,000 pounds. However, any truck operating at the higher limit must be equipped with a sixth axle.
The current surface transportation authority expires at the end of September and will require funding extensions as it is highly likely the new bill will not work its way through Congress in time. The Senate has yet to officially review or put out its counterpart bill, but it is working on stopgap funding to extend most of the current federal highway and transit programs operating through December 11 (if approved).
CARB Waiver Review: On June 12, 2025, three joint resolutions of disapproval from Congress—to overturn CARB’s EPA waivers for Advanced Clean Trucks, Advanced Clean Cars, and HD Omnibus—were signed by the president. This means that, effectively, the waiver determinations are rescinded and those rules are unenforceable.
California (and the 10 other states that had adopted Advanced Clean Trucks) filed a lawsuit against the federal government and EPA the same day the resolutions were signed. The case is ongoing.
