9 www.ortrucking.org Issue 1 | 2022 1998) (see exceptions in § 393.86(b) (1) and § 393.86(b)(3)). 1. Missing guard. 2. Guard is not securely attached to trailer by bolts, welding, or other comparable means. 3. Guard horizontal member is more than 762 mm (30 inches) above the ground. 4. Guard horizontal member does not extend to within 457 mm (18 inches) of each side extremity of the vehicle. 5. Guard horizontal member is more than 610 mm (24 inches) forward of the rear extremity of the vehicle. [53 FR 49411, Dec. 7, 1988; 53 FR 49968, Dec. 12, 1988, as amended at 66 FR 49875, Oct. 1, 2001; 73 FR 76827, Dec. 17, 2008; 77 FR 46639, Aug. 8, 2012; 77 FR 59829, Oct. 1, 2012; 78 FR 58486, Sept. 24, 2013; 81 FR 47732, July 22, 2016; 81 FR 60634, Sept. 2, 2016. Redesignated and amended at 86 FR 57068, 57077, Oct. 14, 2021; 86 FR 62111, Nov. 9, 2021] In addition, as part of the new rule, the FMCSA revised §393.86 (the bumper regulation) to allow the DOT certification label to be placed on either the front or back side of the horizontal beam on an underride guard, rather than requiring it to be on the forwardfacing surface. This permanent label is applied by the bumper manufacturer, not motor carriers. This rule change aligns the FMCSA’s rules with current manufacturing standards. To answer a common inquiry, a vehicle can pass its inspection even if the manufacturer’s certification label is missing. This final rule was published on November 7, 2021, with an effective date of December 9, 2022. Industry spokespersons have observed that including rear-impact guards on the list of equipment to be inspected annually makes sense. However, some motor carriers have made it clear that opposition remains to any proposals that would require front or side underride guards. In particular, said “Including rear-impact guards on the list of equipment that must be examined as part of the required annual inspection will enhance underride safety performance.” He continued to say, “While rear-impact guards have been proven to provide a practical safety benefit, that is not the case with proposed side and front underride mandates. OOIDA continues to oppose legislation that would require costly front or side underrides for commercial motor vehicles.”
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