Trailer Surge Brake Petition Accepted

September 1, 2004 - After waiting nearly two and a half years, the Federal Motor Carrier Safety Administration (FMCSA) has accepted the petition submitted by the Surge Brake Coalition requesting a rulemaking to allow the use of surge brakes on certain trailers, reports Rental Pulse for the American Rental Association.

"This means we are now engaged in the rulemaking process with the FMCSA and that the agency accepts the basic premise of the Coalition's petition, that surge brakes can be used safely on small- and medium-sized trailers" says John McClelland, ARA vice president for Government Affairs.

The coalition's petition has been a huge issue for the nation's rental business owners, many of whom have faced fines and the impounding of equipment because their trailers are equipped with surge brakes. It was the ground swell of complaints that led to the formation of the coalition in 1999.

FMCSA now begins the rulemaking process, which could last as much as a year. The next step will be a notice of proposed rulemaking issued by FMCSA to allow surge brakes to be used on trailers with gross vehicle weightings of 20,000 pounds or less. The public will be given an opportunity to comment on the proposal before it becomes law.