06.03.2007

USA Accepts Surge brakes

After more than 10 years of struggle, by the American Rental Association. The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) in Washington, D.C., has announced publication today of its final regulations that will allow surge brakes on all small and medium-sized trailers, even those used in interstate commerce.

The new final rules are effective 30 days from March 6, 2007, which is April 4, 2007. An enforcement suspension was issued in September 2004, allowing surge brakes to be used and the enforcement suspension remains in effect until the new rules are effective on April 4.

The FMCSA previously issued guidance and regulatory interpretations that made surge brakes illegal for use in interstate commerce. Many states, but not all, followed the lead of FMCSA and also outlawed them. The result was a patchwork of inconsistent regulations that allowed surge brake use by private individuals while banning the same devices in commercial applications.

This created great confusion, problems and numerous fines for rental companies, as well as a difficult situation for trailer and boat manufacturers. All three groups came together to form the Surge Brake Coalition, an ad hoc group, to address and change the FMCSA rules.

“The publication of these final rules is a major victory for ARA, our members and the Surge Brake Coalition,” says John McClelland, ARA vice president for government affairs, who led the coalition’s activities for the past four years.

“I really appreciate the outstanding work FMCSA staff did on these final rules, which vindicates the position ARA and the Surge Brake Coalition took in our original requests for regulatory changes.”

The ARA suggests that all rental companies that currently have trailers equipped with surge brakes in their inventory read the summary of the regulation and keep a copy readily available at their business for use with enforcement officials that may not be aware on the new regulations.

Vertikal Comment

This is a victory for common sense and affects all manner of trailers including trailer mounted aerial lifts. The rules had caused problems for European built trailer lifts, which are almost universally equipped with normal surge brakes. The rules often required lifts to be retrofitted with electric brakes which then required a proper interface with the towing vehicle.