Protecting and Promoting Your Interests

Proposed Brake Requirement Exception for Older Portable Conveyors


In July 2019, the Michigan Aggregates Association (MAA) reached out to the Federal Motor Carrier Safety Administration (FMCSA) to request a revision to 49 CFR 393.42. The proposed change seeks an exemption for portable conveyors manufactured before 2010 and used by the aggregate industry. Specifically, MAA requested that section 393.42(b) be updated to include this exception.
 
Over the last few years, MAA has worked with FMCSA to answer several questions regarding the exemption request:
  1. Typical Conveyor Weights: The weight of the conveyors varies, but MAA proposed that the conveyor’s weight should not exceed the towing vehicle’s gross vehicle weight.
  2. State Trailer Brake Regulations: MAA suggested that conveyor weight should not exceed the towing vehicle’s gross vehicle weight.
  3. Conveyor Motorization: These conveyors are not motorized for travel and must be towed.
  4. Off-Road Classification: Conveyors are considered trailers, not off-road vehicles, and must be towed.
  5. Towing Speed: MAA estimated that conveyors travel over 45 mph about 50% of the time and suggested speed limits of 45 mph on two-lane roads and 55 mph on freeways.
  6. Stability Concerns: There are no stability issues as long as the towing vehicle’s weight is greater than the conveyor’s weight.
  7. Crash Data: MAA is unaware of any crashes involving towed conveyors.
  8. Safety Equipment: MAA proposed requiring turn signals, beacons, flags, and escort vehicles when towing conveyors. 
FMCSA has recently agreed to review MAA’s request and believes it has enough merit to move forward with rulemaking. This means that the public will have the opportunity to comment on the proposal. However, the rule change is not guaranteed. FMCSA will make its final decision after reviewing public comments and all available data.
 
FMCSA has begun reviewing Part 393 and expects a Notice of Proposed Rulemaking (NPRM) to be released between late 2024 and early 2025, although this timeline may change based on other priorities.
 
MAA will continue to update its members on any developments regarding this proposed rule.