NHTSA Gives States More Flexibility Under 2027 Rules

NHTSA Gives States More Flexibility on 2027 Safety Targets

The National Highway Traffic Safety Administration (NHTSA) is giving states more flexibility in how they set certain highway safety targets for fiscal year 2027.

The change does not create a new trucking regulation. It also does not add new paperwork, operating rules, or compliance duties for commercial truck drivers or motor carriers.

Instead, the final rule changes how states report three broad highway safety goals to NHTSA and the Federal Highway Administration (FHWA).

NHTSA Allows Different Safety Targets for 2027

Under current rules, states normally must use matching targets for three common safety measures in programs overseen by NHTSA and FHWA.

Those measures include total traffic deaths, the fatality rate, and total serious injuries. States include these targets in their highway safety planning documents.

For fiscal year 2027, the agency is waiving the requirement that those targets be identical.

That means a state may submit one set of targets in its NHTSA Highway Safety Plan and a different set in its FHWA Highway Safety Improvement Program report.

The waiver applies only to fiscal year 2027.

Why NHTSA Is Making the Change

The issue comes from differences between the two federal programs.

Federal law requires performance targets submitted under NHTSA’s highway safety program to show constant or improved performance. FHWA’s separate safety performance rules do not include the same requirement.

At the same time, existing rules have required the targets submitted to both programs to match.

That can create a conflict for states as they prepare their plans.

NHTSA said FHWA is still working through separate rulemaking involving national performance measures. The agency said states need certainty while preparing their fiscal year 2027 plans.

State Highway Safety Offices face a July 1 deadline for their NHTSA plans. State transportation departments have an August 31 deadline for their FHWA safety performance targets.

No New Rule for Commercial Truck Drivers

For truck drivers, the most important part of the final rule may be what it does not change.

There are no new requirements involving hours of service, CDL qualifications, inspections, vehicle equipment, drug testing, medical certification, or driver records.

The rule also does not change the safety standards that commercial truck drivers must follow on the road.

NHTSA described the action as an administrative change that gives states more flexibility. The agency said it does not expect the rule to create additional costs.

That means company drivers and owner-operators should not expect any new direct compliance burden because of this rule.

Motor Carriers Face No New Paperwork

Motor carriers, fleets, and trucking businesses are also not being asked to file new reports under the rule.

NHTSA said the grant programs affected by the change apply to state governments. The agency also said the rule does not create any new information collection requirement.

For fleet compliance departments, the rule is more important as a policy development than as an immediate compliance issue.

Safety departments may still want to watch how states use the added flexibility. State highway safety plans can help shape broader safety programs and priorities.

However, this final rule does not direct states to increase truck inspections, enforcement details, or commercial vehicle enforcement.

Similar Flexibility Granted Before

The fiscal year 2027 waiver is not the first time NHTSA has allowed states to use different targets.

NHTSA previously waived the identical-target requirement for fiscal year 2024. Federal agencies also made additional changes in 2024 involving how states could update their safety targets between planning cycles.

The latest action shows that the federal government is still working through differences between NHTSA and FHWA safety performance requirements.

For trucking industry compliance professionals, that may be the larger issue to watch.

Future changes to the federal performance system could affect how states set safety goals and how those goals are used in highway safety programs.

Rule Takes Effect Upon Publication

NHTSA said the final rule will take effect immediately when it is published in the Federal Register.

The document is scheduled for publication on September 23, 2026.

The agency also issued the rule without a normal notice-and-comment period. The agency said waiting would be impractical because states are already preparing their fiscal year 2027 highway safety plans.

The final regulatory language makes clear that the change applies only to fiscal year 2027. During that year, states are not required to use identical performance targets in their NHTSA and FHWA safety plans.

What the Change Means for Trucking

For commercial truck drivers, there is no immediate change in day-to-day operations.

Drivers remain subject to the same federal and state safety rules already in place. Motor carriers also face no new reporting requirement because of the waiver.

The main effect is at the state planning level.

States will have more freedom to set their fiscal year 2027 safety targets while federal agencies continue working through different performance requirements.

For trucking fleets, safety departments, and compliance officers, the rule is mainly something to monitor for future policy changes rather than a regulation that requires immediate action.