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Inaugural bulk loads conference gives voice to often-unheard industry segment

SPRINGFIELD, Mo. — On Feb. 8-9, members of the bulk loads freight industry gathered at the Bass Pro Shops White River Conference Center to share ideas, discuss issues and learn new strategies unique to the segment. Nearly 200 people — including drivers, owner operators, business owners, dispatchers, service providers and others — attended the exclusive inaugural event, hosted by Springfield, Missouri-based BulkLoads. Jared Flinn, operating partner at BulkLoads, told The Trucker he was pleased with the turnout and response from attendees and sponsors. “To my knowledge, (this conference) was the first one ever for just bulk freight,” he said, adding that he’s attended trade shows and conventions for trucking and for agriculture, but none that tied the two together specifically for the bulk loads industry. On Feb. 8, attendees enjoyed a chance to network and enjoy cocktails and appetizers before and after the introductory session. “This is where carriers, brokers and shippers in the bulk industry all got to network,” said Tyler Allison, marketing director for BulkLoads. “Most of these guys have done business with each other online or via email for years. During this conference, they were able to meet face-to-face.” The conference featured a variety of presentations covering topics such as smart freight funding, electronic logging devices (ELDs), team building and more. The two panel discussions, one centering around issues faced by the bulk loads segment and the other focusing on technology in the industry, were well-received, according to Flinn. “We actually talked about issues that need to be talked about,” Flinn said. “I think the highlight of the conference was our panel discussions. We had so much engagement from our audience.” A few of the topics covered include driver recruiting, double brokering, safety and compliance, insurance premiums and fuel hedging. “They were talking about their real struggles. ‘How do we solve this? How do we solve detention? How do we do this?’” Flinn said. “I heard so many people say afterwards, ‘I’m so glad they got up there. They said what I’ve been feeling all along – the struggles and pains. I’m glad people are bringing a voice to this.’” In addition, attendees heard from two keynote speakers, trucking industry expert Tim Brady and sales trainer and coach Greg Martinelli. BulkLoads plans to host its second annual conference early next year. In addition to operating a load board exclusively for the bulk loads industry, Bulkloads provides a network for bulk commodities and transportation, connecting and interacting through community-drive load boards, forum discussions, instant messaging and member directories. Event sponsors included Konexial, Bulk Insurance Group, Smart Freight Funding, Bulk TMS, Cover 3 Consulting, Ingredient Logistics Services Inc., Spirit Factory Promo Products and GrainWorx.

Counting concerns: Trucking industry’s top worries include fuel prices, driver shortage

In its 18th annual Top Industry Issues report, released in November, the American Transportation Research Institute (ATRI) named fuel prices as the top concern for the industry, knocking out the driver shortage that has taken center stage the past five years. According to statistics from the Energy Information Administration, the average price for a gallon of diesel fuel across the nation sat at $5 for a majority of the time between early March and the end of 2022. There were a few weeks in August and September when the average dipped below $5, but by early December it sat at $5.141. In 2021, the average price of diesel across the nation was just $3.72 toward the end of the year, closing even lower at $3.614 just before January 2022. The driver shortage ranked second overall amongst the top issues, followed by the lack of available truck parking. According to economists at the American Trucking Associations (ATA), the industry is currently short about 78,000 drivers and could face a shortage of more than 160,000 over the next decade. ATA officials say the industry will need to hire around 1.2 million new drivers over the next 10 years to replace the ones that are now — or will soon be — leaving trucking. “ATRI’s list is a true reflection of what it was like to be a trucker this year,” said Harold A. Sumerford Jr., ATA chairman. “High fuel prices and finding drivers were two of our industry’s biggest challenges — challenges made more difficult by the economy and the continued lack of truck parking. Thankfully, ATRI doesn’t just tell us what the issues are, it provides a number of possible solutions that decision makers can use to address them.” Rounding out the Top 5 overall concerns for 2022 were driver compensation and the economy. With the release earlier in the year of the Federal Motor Carrier Safety Administration’s (FMCSA) Notice of Intent to enter into a speed limiter rulemaking in 2023, speed limiters ranked in the Top 10 concerns for the first time this year, coming in ninth overall and fifth among commercial driver respondents. FMCSA officials have said they plan to have the final proposal on the speed limiter issue ready by June 2023. More than 47% of the survey respondents were professional truck drivers, while 39% were motor carrier executives. Among driver respondents, truck parking, fuel prices, and driver compensation were the Top 3 concerns, while motor carrier executives ranked the driver shortage, driver retention, and fuel prices at the top. More than 4,200 trucking industry stakeholders participated in the survey, including motor carriers, truck drivers, industry suppliers, driver trainers, members of law enforcement, and others. “This year’s survey had the highest number of responses to date, showing how committed our industry is to identifying the most critical concerns and more importantly, figuring out how we collectively deal with each issue,” said Rebecca Brewster, ATRI president and COO. Al Barner, senior vice president of strategic fleet solutions at Fleet Advantage, says that of all the concerns mentioned in ATRI’s report, fuel prices are near the top for the fleets he works with. “We have seen fuel price escalation in the past, and that’s not extraordinary,” he said. “However, when you see the rate and pace of fuel increases, combined with the volatility that goes with it, it has become a big challenge for carriers and fleets.” Barner says it’s imperative that fleets look at fuel prices from an asset-management perspective. “It’s such a significant portion of operating costs — 60% of ownership costs — and fleets have to be very diligent in asset management,” he explained. “You want to procure new equipment with fuel savings in mind. That means proper axle rations, technology, and aerodynamics.” On the driver shortage issue, Barner estimates the number of drivers needed to be even higher than ATA’s figure, saying that the industry is likely in need of at least 180,000 additional drivers to meet current demands. “We are a big advocate of having aggressive cycles for recruitment and retaining drivers,” he stated. “You have to share the strategy with the driver. We want to bring you in and provide you with newer, well-maintained equipment, as well as a life cycle that will provide you with newer equipment that has an exit strategy of (between) 400,000 and 500,000 miles.” Barner added that drivers want to know they are appreciated, and maintaining quality equipment can go a long way in helping carriers attract and retain good drivers. As for truck parking, Barner says he’s encouraged by some of the recent developments in technology that can help drivers find safe spots to rest. “I feel like we are going to make a lot of progress resolving this issue,” he shared. “Companies are going to have to adapt by making sure their routing is properly set, (and they must) better use technology, such as routing software and onboard computers, to help their drivers find a spot” if needed. The movement to provide more safe parking spaces for truck drivers is growing across the nation. On December 1, U.S. Sens. Cynthia Lummis (R-WY) and Mark Kelly (D-AZ) introduced the bipartisan Truck Parking Safety Improvement Act, which is designed to “dramatically increase designated parking for commercial trucks,’ according to the legislation’s text. The Truck Parking Safety Improvement Act would invest $755 million in the creation of new truck parking spaces. Funding would be awarded on a competitive basis, and applicants would be required to submit detailed proposals to the U.S. Department of Transportation. The primary focus would be to construct new truck parking facilities and convert existing weigh stations and rest areas into functional parking spaces for truck drivers. The bill is similar to legislation introduced by Reps. Mike Bost (R-IL-12) and Angie Craig (D-MN-2) earlier in the U.S. House of Representatives, which was passed by the House Committee on Transportation and Infrastructure. Adam Blanchard, co-founder and CEO of Double Diamond Transport, Inc., and Tanager Logistics LLC, says that from his perspective, the driver shortage ranks as the biggest issue facing the trucking industry today. “When you really get to the nuts and bolts of it, the driver shortage comes down to two things,” he said. “First, the decision by the government to allow 18- to 20-year-old drivers to drive across the country is a huge step in the right direction. “When the average age for drivers is 58 and we have more leaving than coming in, our ability to have a new pipeline coming in from high school is critical,” he continued. “We are now seeing, in our educational landscape, a huge shortage of skilled labor. We need to extend programs like STEM (science, technology, engineering, and mathematics) into the transportation industry.” This article originally appeared in the January/February 2023 edition of Truckload Authority, the official publication of the Truckload Carriers Association.

For the love of trucks: Ride along with Sue Peña as she travels the road to a professional driving career

“Hola, mi gentes!” With these words — which translate to “Hello, my people!” — and an engaging grin, Sue Peña greets an audience of TikTok followers in a video series chronicling her journey to become a professional truck driver. A native of Brooklyn, New York, who now lives in central Arkansas, Peña (known as classysassy4u on TikTok) is proud of her family’s Puerto Rican and Taino Indian heritage. “I wasn’t raised in Puerto Rico, but I follow the culture and traditions, both old and new,” she said. “We are a proud culture, and very welcoming in the sense that we will feed you — even if you’re not hungry.” Peña has extensive experience in feeding people; she graduated from culinary school in New York back in 2007. “I was actually chosen to appear on the second season of ‘Hell’s Kitchen,’ but my son was too young, and as a single mother, I couldn’t leave him alone,” she said. She describes her son Nicolas, who is now 20 and a member of the National Guard, as her biggest supporter. While in her 30s, Peña decided her ultimate goal was to become a professional driver; however, it was nearly a decade later before she had a chance to follow that dream. When The Trucker Jobs Magazine team first met Peña in July 2022, she was working as a crime lab forensic technician and moonlighting as an emergency medical technician (EMT), in addition to attending night classes at Diesel Driving Academy (DDA) in Little Rock, Arkansas. In October, she completed her training and passed the final gauntlet — the driving portion of the CDL exam. She now has both hazmat and tanker endorsements and is slated to begin orientation with Dallas-based Stevens Transport in early January. “My biggest challenge was believing in myself, believing that I could do this training that I started late in life,” said Peña, who is now 44. “It wasn’t that I didn’t have confidence; if I didn’t, I wouldn’t have signed up,” she said. “Once I delved into it and realized, ‘Wow! So this is what trucking is,’ I thought, ‘Can I do this?’” She began watching other women in the trucking industry, from her instructors at DDA to female trucking groups on social media. “As I started following the trucking lifestyle of different women out there, some who were way older than me, I started to think, ‘OK, if they can do it, I can do it!’” she shared, adding that all of her instructors, male and female, brought real-world experience to the classroom. We were privileged to follow Peña through part of her journey as she learned the basics of trucking at DDA, cheering her on as she gained confidence behind the wheel. When it was her turn to ring the bell at DDA — a rite of passage signifying a student’s successful passage of the CDL test — we were (arguably) just as excited as she was. Like many women, Peña says she had to overcome obstacles related to both her gender and her ethnicity, in the trucking industry as well as other male-dominated career paths. “I’ve have to stay 10 steps ahead (of everyone else) because I’ve got so many strikes against me. One, I’m a female. Two, I’m a Hispanic female. Three, I’m very short. I’m vertically challenged. I have to be on my game,” she said with a laugh. Two of Peña’s instructors at DDA were women, something she says helped her build confidence behind the wheel. “Ms. Kat and Ms. Rachel, those two were the most that really inspired me to continue pursuing what I was doing. There were days I was like, ‘Aw hell, I can’t do this!’” she said. “But after speaking with them, learning what trucking was like when they started, I realized it was actually harder for them. They paved the way. If it wasn’t for (women like) them, I wouldn’t be able to do this.” Peña says the most memorable milestone of training, at least for her, was the first time she drove a truck a short distance across the driving pad. “It was feeling that movement, knowing that I was driving,” she said. “When they start you off, it’s a straight back; you drive forward, you drive backward. That’s it, nothing fancy. But feeling the vibration, feeling the movement, knowing that I was driving a 53-foot truck and trailer — that moment, I was like, ‘Oh my God! I’m really doing this!’” The second-most memorable step, she says, was the first time students in her class took the school rigs out on the road. “I can only imagine what the instructor was thinking and feeling, knowing that this person was driving a truck for the first time,” she said. “Now I’m comfortable with it.” Watching Peña’s skills progress from those first shaky, tentative attempts to smoothly and confidently completing straight and offset backs, then 90-degree backs and other maneuvers was an amazing experience for The Trucker team. While she’s excited about starting her new career behind the wheel, Peña is well aware that she still has much to learn and that actual over-the-road driving will be quite different from training. The challenge is one she looks forward to overcoming. “Male or female, if this is what you want to do, if this is your passion, if all you think about when you get up and go to bed is driving a truck — then go for it,” she said when asked what advice she would give other would-be drivers. “Do it for the right reasons, do it with the best intentions, and just go for it.”

Thinking positive: New York driver finds sense of family, brotherhood in trucking industry

For professional driver Richard Jones, building a successful career in trucking is all about attitude — a very positive attitude. Jones, who drives for NFI Industries, shrugs off many of the issues that make other truck drivers’ blood boil, such as four-wheeler traffic (the bane of many truckers’ existence), a lack of convenient and safe parking, and sometimes-lousy truck stop food. “You have to put things in perspective,” said the Brooklyn, New York, resident. “A lot of people are just not used to being around big rigs and don’t understand how we work,” he explained. “Or they are intimidated by the size of the rigs. I don’t think anything they do is intentional. Things happen. The sound, the size — it can be intimidating.” No matter what type of situation he faces while in traffic or working with shippers and receivers, Jones is as cool, calm and collected as they come. He’s also curious by nature, he says, sharing the events of the day he decided to become a truck driver. “I needed to kill some time one day, so I went into this trucking business to talk to them because I was curious,” he said. “They told me it was a good opportunity to see the country. So, I said I would take a chance, take a course and do that.” Jones did exactly that. At first, he says, he thought he could put his CDL in his back pocket to use one day as a “backup plan” for his career. But then he was bitten by the trucking bug. “(Going into it), I didn’t know I liked trucks — but I did. I liked working outside,” he said. “I just made the decision to go and pursue it. I met a lot of interesting people along the way who taught me a lot. I had a really great trainer that I liked.” After earning his CDL, Jones worked for Covenant Transport for 12 years as a long-haul driver. From there, he was hired by his current carrier, NFI, where he has driven for another dozen years. During his nearly two and a half decades behind the wheel, Jones says, he has seen a lot of changes in the trucking industry. While he met most of those changes with his usual cool, calm demeanor, Jones admits that transitioning from paper logs to electronic logging devices (ELDs) was not his favorite experience. “It was a challenge,” he said — but it was a challenge he met. As for other changes in equipment and technology, such as the increased use of automated transmissions in tractors, Jones says they don’t really bother him. “Stick shift versus automated” is a hotly debated topic among truck drivers, especially those who have been around a while. They prefer standard-shift transmissions every time. “I do prefer sticks, too,” Jones said. “But I have been getting used to the automatics, and they are very good.” Earlier this year, Bobby Ralston, CEO of The Trucker Media Group, had a chance to ride along with Jones and get to know the man behind the wheel of the big rig. “It was a great experience,” Ralston said. “I was impressed with how hard he worked. He is in great shape. He moved a pallet jack faster than anyone (else) could, and they had to stand out of his way.” Another thing about Jones that Ralston quickly noticed was that the NFI driver is well-liked and respected. “Everyone loves him,” Ralston said. “At every stop, everyone knew him, and they were excited to see him. It seemed to be the joy of their day when he arrived.” When asked about some of the the bigger issues facing truck drivers today, such as a lack of parking for big rigs, Jones said he has developed different techniques to handle various situations. “You try and get all the information you can if you are familiar with your route,” he said. “That is one thing. “But if you’re going to new places, you try and do some homework about those places,” he continued. “With all the technology now, you can see the place before you go. You need to figure out how you get in and out. You have to develop a plan.” Jones says he has run into many helpful people while out on the road, and he firmly believes that the brotherhood of trucking is still strong. He recalls a time when his truck was stuck in frigid weather, and he was in dire need of assistance. “I was in 25-below weather, and my truck froze up,” he said. “Someone came up, and they got out of their truck and took the time to help me. They saved me.” Another time, Jones says, he was lost in a cornfield in Nebraska and thought he’d never find a way out — and it was getting dark. Today, many years later, he laughs as he remembers the predicament. “Suddenly this voice came over the CB and said, ‘Honey, you lost?’ And I told them I was,” he said. “She told me where to go. It was so dark, and I couldn’t see. I was grateful to hear that voice out of nowhere.” When it comes to being successful, whether as a trucker or simply as a human being, Jones says it’s all about paying it forward. “I try to think that way,” he said. “We are a big group — a big family out here.” In addition to driving his regular route, Jones says he sometimes trains new drivers for NFI. He’s always careful to educate his trainees about the “certain decorum” that the carriers’ drivers are expected to have — safe, professional and courteous. When it comes down to the bottom line, he says, it’s all about following the rules, being considerate and maintaining the tradition of helping others when you can. When asked what advice he has for newer drivers, he shared the following: “Monitor your surroundings, and as you get more years under your belt, you will notice more hazards,” he said. “Just be a professional. You have to carry yourself accordingly. And you have to keep your mind open as far as learning things. It makes everything better,” he continued “Attitude is everything. It makes you a better driver. It makes your job easier,” he concluded.

Parking Conundrum: Federal officials assure trucking industry they’re working to create more spaces

The Biden administration has vowed to tackle the trucking industry’s parking problem, and many in the industry are lauding the effort. Ask any trucker, and you’re likely to be told that a lack of safe parking is high on their list of headaches while out on the road. “It stinks,” said Barry “Bulldog” Jones, an Arkansas-based truck driver. He was filling up his Peterbilt on an early October morning at a small truck stop in Fordyce, Arkansas. “I mean, when you get to some of these big cities, there just ain’t nowhere to shut down, especially if you are needing to shut down quickly,” he shared. “If you can’t do a little planning beforehand, you will end up parking on the side of the interstate somewhere. And that’s just not safe for anyone.” There are currently 313,000 truck parking spaces nationally and approximately 3.5 million truck drivers in the U.S., meaning that there is only one truck parking space for every 11 drivers, according to data from the Truckload Carriers Association (TCA). In late September, the U.S. Department of Transportation (DOT) convened state, industry, and federal leaders at a meeting of the National Coalition of Truck Parking to share resources available in the President’s Bipartisan Infrastructure Law to address the truck parking shortage. DOT officials say the issue “puts all road users at risk and is costing truck drivers time and money.” At the meeting, DOT representatives shared a new handbook for states that details strategies for developing truck parking and best practices for designing and constructing new truck parking facilities. Officials also discussed the new and expanded funding resources that are eligible for truck parking projects to make the nation’s freight system safer and more efficient. Transportation Secretary Pete Buttigieg said he has heard directly from truck drivers and industry partners, and he is well aware that the availability of truck parking is a top concern for drivers. “It costs them time and money — not to mention making our roads less safe and weakening our supply chains,” Buttigieg said. “We’re using funds from President Biden’s Bipartisan Infrastructure Law to help address truck parking shortages, and we’re working with state and industry leaders to develop more parking that will improve safety and quality of life for our nation’s truck drivers.” Nussbaum Transportation Chief Administrative Officer Jeremy Strickling believes solving the issue will take some creative thinking. “For real estate owners, there is little incentive to set up a big empty parking lot for truck drivers,” he explained. “So perhaps some public-private partnerships would make it worth the investment for those with private real estate. Rest areas are nice, but often nicer than they have to be. There could be some very cost-effective parking solutions.” Strickling says his drivers have told him that all they want is an open space and a toilet. “There’s no need for a jungle gym, picnic tables, and nice brick buildings,” he said. “I’d like to see simple, economical truck parking locations set up. It doesn’t need to be fancy, just practical. “It seems like this approach would make parking easier to get off the ground, given there is less design and construction, and ongoing maintenance costs would be lower,” he continued. “Perhaps ask shippers of a certain size to set up a simple parking space for a number of trucks, based on the volume of truck traffic they take. Many already allow this and should be praised for it. But quite a few force trucks off their property after a pick-up or delivery.” Kriska Transportation Group President and CEO Mark Seymour feels that a quick fix would include a rally among all stakeholders to make best use of infrastructure that’s available today. “Open closed rest areas, open closed scale house lots, allow trucks to park in closed shopping center parking lots,” he said. “Medium term, encourage truck stops with available land to develop it into more parking through tax breaks or incentives. Long term, states and provinces need a strategic plan. Where it’s needed, what’s available, and allocate funds for development.” The American Trucking Associations and Owner-Operator Independent Drivers Association wrote a letter to DOT earlier this year citing that 98% percent of drivers report problems finding safe parking, costing drivers more than 56 minutes of drive time to find parking each day. That wasted time is estimated to cause a $5,500 loss in annual compensation — roughly a 12% pay cut. In September, for the first time ever, the DOT announced significant investments to expand the nation’s truck parking capacity on the interstate system through the Nationally Significant Multimodal Freight & Highway Projects program. These first-of-their-kind investments include $15 million to add approximately 120 new truck parking spaces along the Interstate 4 corridor in Florida between Tampa and Orlando, and a $22.6 million investment to add approximately 125 spaces along Interstate 40 east of Nashville, Tennessee. DOT officials say these projects will improve safety and freight operations, and make freight transportation more sustainable. The Federal Motor Carrier Safety Administration (FMCSA) also awarded $1.4 million in grant funding to Montana and Kentucky to improve truck parking through its High Priority Innovative Technology Deployment grants. “One of the leading causes of truck crashes is driver fatigue. It is clear that adequate rest for drivers is foundational for safe operations,” said FMCSA Administrator Robin Hutcheson. “We have heard loud and clear from drivers — they need more places to rest, and they need to be safe and secure while doing so. “We are proactively working at the local and regional level to point to the numerous resources across DOT for truck parking construction, expansion, and technology solutions, and we will continue to work collaboratively with agencies within DOT and with all of our partners in the industry,” she added. Additionally, the DOT has updated guidance on the sources of federal funding that are eligible for states interested in making further investments in truck parking. States and other government entities can apply for grants or prioritize formula funding for capacity projects from more than $47.4 billion across eight programs. “Truck parking is a safety issue — both for truck drivers and all other road users, which is why Federal Highway Administration has updated our guidance to ensure there is no question about eligibility for truck parking projects in new formula and discretionary grant programs authorized under the Bipartisan Infrastructure Law,” noted FHWA Acting Administrator Stephanie Pollack. “This new information will help states, localities, and other eligible entities identify eligible formula funding sources and apply for discretionary grants to fund truck parking projects that not only support the increased demand for truck deliveries and strengthen our supply chains, but also provide safe truck parking, which is critical to protect the truck drivers we rely on, as well as the traveling public,” she said.

FMCSA seeks public comment on proposal to equip interstate CMVs with electronic ID technology

WASHINGTON — The Federal Motor Carrier Safety Administration (FMCSA) is considering requiring all commercial motor vehicles (CMVs) operating in interstate commerce to be equipped with electronic identification technology capable of wirelessly communicating a unique ID number when queried by a federal or state motor carrier safety enforcement officer. The FMCSA, which says the proposed measure “would enable safety officials to more efficiently and accurately identify a vehicle’s motor carrier designation (or motor carrier on record) while in operation via wireless electronic means,” is requesting public comment on the issue. FMCSA officials contend that the electronic identifiers would “improve the efficiency and effectiveness of the roadside inspection program by more fully enabling enforcement agencies to focus their efforts at high-risk carriers and drivers.” To comment, click here. In its filing on the issue with the Federal Register, the FMCSA states that its “primary mission is to reduce crashes, injuries and fatalities involving large trucks and buses. There are an estimated 12 million large trucks and buses (also known collectively as CMVs) registered to operate on America’s roadways.  Enforcement of safety regulations for CMV operations is a major factor in providing safer roadways.” The filing further states that “given the consistent growth in the CMV industry, the number of vehicles to regulate far outpaces enforcement resources. As such, the use of technology for CMV identification is key to efficient and productive safety regulatory oversight. Ease of identification of CMVs allows enforcement personnel to make timely and informed decisions to support their mission critical operations.” Comments close on Nov. 22.

Crash protection: Feds roll out new underride guard law for big rig trailers

The National Highway Traffic Safety Administration (NHTSA) has finalized a rule that updates two Federal Motor Vehicle Safety Standards related to underride crashes. This rule, along with increased research and the creation of an advisory committee on underride protection, is the result of President Joe Biden’s Bipartisan Infrastructure Law and is a part of the U.S. Department of Transportation’s (USDOT) 2022 National Roadway Safety Strategy. The rule requires that trailers and semi-trailers be equipped with rear impact guards that have sufficient strength and energy absorption to protect occupants of passenger vehicles in multiple crash scenarios. But not everyone is happy about it. Some say it doesn’t do enough to protect smaller vehicles in crashes with big rig trailers. “The result of the rulemaking process, which was initiated in 2015, is a completely inadequate standard that will make road users less safe and undermines the Biden administration’s stated goal of working towards zero roadway deaths,” according to a statement from the Advocates for Highway and Auto Safety (AHAS). Rear underride crashes, which are often deadly, occur when the front end of a vehicle crashes into the back of a larger vehicle, such as a large trailer or semi-trailer, and slides under that vehicle. In 2019, 531 of the 2,132 passenger vehicle occupants killed in two-vehicle crashes involving a large truck died when their vehicles struck the rear of a large truck. While some trucking organizations, such as the Owner-Operator Independent Drivers Association (OOIDA), are opposed to the new rule, others are in support of it. The Truckload Carriers Association (TCA), for example, supports rear underride guard legislation. “The reality is that the strengthened equipment is already in place pre-regulation so, those who purchase new trailers are likely getting the reinforced guard already, a great example of how industry is well ahead of the curve when it comes to equipment improvements and regulations,” said TCA Senior Vice President of Safety and Government Affairs David Heller. While OOIDA and others contend that requiring underride guards can be a financial burden on truckers and carriers, Heller disagrees. “(It’s) not really a financial burden, as the trailers are already spec’d out to those standards,” he said. “Even with the new rule on rear guards, the standard has already been in place — so the financial burden is minimal at this point.” For decades, AHAS officials have urged the adoption of comprehensive underride guard safety standards to prevent fatalities and injuries resulting from deadly collisions. “Advocates for Highway and Auto Safety is deeply disappointed that nearly seven years after the notice of proposed rulemaking on truck rear underride guards was issued, the National Highway Traffic Safety Administration released a rule that is substantially weaker than the current test the Insurance Institute for Highway Safety has been using to rate rear underride guards for the last five years, especially considering nine major trailer manufacturers meet it,” shared AHAS President Cathy Chase. “Unfortunately, (this) action allows trucking companies to choose a less safe course of action at the expense of road user safety,” she continued. “With large truck fatalities on the rise, the agency responsible for the safety of our nation’s roads needs to be taking action to improve, not imperil, protections for road users.” Joan Claybrook, a former NHTSA administrator, said the final rule on rear underride guards “amounts to nothing less than regulatory malpractice. It would have been better if NHTSA had not acted at all. Instead of improving protections to reduce underride fatalities and injuries, the agency has gone backward by issuing a rule that 94% of trailers already meet. As such, NHTSA has lowered the bar on public safety instead of ensuring it. This is an affront to the families of underride victims who have been working so hard to have the standard updated.” NHTSA Administrator Steven Cliff says his agency’s priority is making roads safe for everyone. “This new rule will improve protection for passengers and drivers of passenger vehicles while also meeting a critical mandate from Congress under the Bipartisan Infrastructure Law,” he stated. In addition, NHTSA is implementing a number of other underride provisions of the Bipartisan Infrastructure Law, including: Establishing a federal advisory committee on underride protection, which will complete research on side underride guards for trailers and semi-trailers to assess their effectiveness, feasibility, benefits, costs, and impact on intermodal operations. Planning to publish an advance notice of proposed rulemaking to consider requirements for side underride guards for crashes into the sides of trailers and semi-trailers. This rulemaking also responds to a provision in the Bipartisan Infrastructure Law to report the findings of research on side underride guards in a Federal Register notice to seek public comment. Improving data collection of underride crashes by recommending inclusion of underride data in state crash data systems and by providing educational materials to state and local police departments on identifying and recording underride crashes. Conducting research on rear impact guard designs that better protect occupants of passenger vehicles in even more rear underride crash scenarios. As for the proposed NHTSA study on side underride guards, Heller said, that’s an entirely different aspect. “First and foremost, I think it is worthwhile to mention that TCA supports accident prevention technology in an effort to eliminate the accidents from ever happening in the first place,” he noted. “Side underride guards, while still in the experimental stage, do not prevent the accidents from happening. I know that there are still trials ongoing that are testing these devices to examine the road worthiness and ability to withstand impacts at greater speeds and different angles of impact.” The overall effectiveness and durability of underride guards remains to be seen. “Questions continue to remain regarding additional weight on the trailer and its effect on freight, how well the devices will hold up on the roads and even the flexibility to adapt the equipment when it comes to sliding rear axles, just to name a few,” Heller said. “But as an industry and highway user that shares the road with everyone, I think technology, such as AEB (automatic emergency braking), would go farther in preventing the accident from ever happening than any side guard would and perhaps a regulation that would require this technology on all vehicles would be more beneficial,” he concluded.

Living the dream: Florida heavy-hauler follows family tradition as third-generation trucker

Bubba Branch was just knee-high to a grasshopper, as they say in the south, when he first climbed aboard his granddaddy’s big rig in Florida. His earliest memories include rowing through the parked semi’s gears, turning the wheel and pumping all the leftover air out of the brakes. “I drove a million miles and never left the yard,” he said with a laugh. Branch says he’s proud to still live in Florida as “one of the few who are originally from here.” Most of all, though, he’s proud to be a trucker — like his dad and granddad before him. “I have been around trucking all my life,” he said in a husky southern drawl. “Grandad and Dad were in it for 40 or more years. I like to say I was born in a truck. I was one of seven kids, but I was the only one that took to trucks. I would ride with dad anytime I could.” Branch said he also has special memories of riding along in his grandad’s truck. “You could do no wrong with Granddaddy,” Branch said. “He was the cat’s meow with me.” At age 18, Branch earned his CDL. His first job was driving an old, run-down 1970s-model GMC Brigadier General for Miller and Sons in Central Florida. He had to work hard to land that job, he said, adding that he “pestered” the company for a long while before they finally gave him a shot. “They said all they had for me to drive was an old truck that had a lot of issues,” Branch said. “There were holes in the floorboard, and the fumes were so bad my eyes would turn red. I took it home, washed it, and Dad and I patched up the holes. I drove it for a while before I got caught by the DOT.” After the truck was red-tagged and ordered out of service by the DOT, Branch didn’t have to worry about it anymore, and in the ensuing two and a half decades he moved up the ladder of success in the trucking industry. Now, at 44, he and his wife, Krystal, operate Atlas Heavy Haul out of Lakeland, Florida, his hometown. The company primarily hauls heavy equipment. “I wanted to haul equipment all my life, so I got some good experience and started on my own,” he said, adding that his heaviest haul so far was a massive electrical box that he delivered to Heinz Field, home of the NFL Steelers football team, in Pittsburgh. The load weighed 200,000 pounds, and it took Branch nearly 15 days to make the run from Miami. These days, Branch enjoys spending time working on his show truck, a 1996 Kenworth W900 dubbed “Just a Phase.” When he picked it up the truck was white, but he knew he wanted to paint it red so it would stand out. The entire interior had been stripped, down to the bare metal, so a new hush mat was put in the cab and sleeper, then new floors, seats, an SH Tube twisted shifter and new door, roof and sleeper panels. Bubba’s son, Kolt, painted the dash, and all the accent pieces were painted by his wife. Once the interior was complete, SH Tube crafted all the stainless-steel accent pieces on the rig, along with the speaker boxes in the cab. Other custom pieces include the mirror brackets, exhaust pipe holders, the dipstick and gear shifter, and more. The Kenworth is powered by a CAT 3406E engine with an 18-speed transmission. The entire truck has taken Branch about a year and a half to build, but he said it still isn’t 100% complete. In June, at the annual Shell Rotella SuperRigs event held in Branson, Missouri, Branch’s rig won the categories for best chrome and best engine, and he placed second in the working truck with limited mileage category. “I have wanted to be at Shell Rotella for so long, and this was my first time,” Branch said. “I am so grateful to have the opportunity.” As for the future, Branch said Kolt is the one of his three kids who is most likely to follow in his footsteps. Kolt rides with Branch in the big rig any chance he can get, just as Branch did with his dad and granddad. “Kolt is hooked on it,” Branch said. “He said he wants my rig one day, and he said he is going to paint it blue. I told him to make sure I’m gone before he goes and does that.” In talking about the industry he loves, Branch said he sees a lot of room for improvement and hopes some changes will be made before Kolt gets his CDL and hits the road. “Lack of parking is critical,” Branch said. “There is nowhere to go. Now you are told by a computer when you are tired, even if you are not, so you have to get off the road when it says so. You have to have a place to stop that’s safe, and there just aren’t that many.” Like many drivers, Branch has had to park illegally to meet hours-of-service requirements. “I was in Jackson, Georgia, on an on-ramp one night. The two nearby truck stops were packed — like they always are — and the ramp was the only place I could park. I got woken up by the Georgia Highway Patrol to a Level 1 inspection. He told me I couldn’t park there, but he let me stay for the night because I didn’t have anywhere else to go.” Most of all, though, before his son becomes a professional driver, Branch said he hopes the profession will be seen as one of honor. He wants those who aren’t in the industry to respect truck drivers and the jobs they do. “Do you realize what this country would be without people choosing to be truck drivers?” Branch said. “Do I think they owe us something? No. But we should get a little more respect.” Looking back on his career thus far, Branch says he feels blessed. “I am doing what I love, and I am so beyond grateful for it,” Branch said. “I am thankful to be a truck driver, and I just want to say thanks to all my fellow drivers. You have my respect.”

Cutting MPH: FMCSA seeking to dial down speed on commercial trucks

Speed limiters, or engine governors, have once again become one of the hottest topics in trucking over the past several weeks. The Federal Motor Carrier Administration (FMCSA) is again proposing to require all commercial motor vehicles (CMVs) that travel the nation’s highways as part of interstate commerce use the devices. The initial proposal, set forth in August 2016, fell by the wayside in 2017 when the incoming Trump administration mandated that work cease on all proposed rulemakings. The FMCSA extended the comment period for its current proposal from June 3 to July 18. The comment section can be found at the Federal Register under the FMCSA’s section. The agency has received thousands of comments so far, many of which are against the proposal. “If you want more road rage and accidents make it mandatory for all trucks to do 65,” wrote driver Gary Bucher. “Only people that jump on a plane or a helicopter and don’t share the same (bad) roads with the peasants would think speed limiters are a good idea!” Michael Palmer wrote: “If you limit all trucks to one set speed, lower than the speed of cars, you are likely to create a situation of having two trucks, side by side, traveling at their limited speed. Neither one being able to pass the other, creating a bottleneck of traffic. This bottleneck could cause an impatient driver of a car to take the shoulder the pass the trucks, which would be very unsafe. This will cause more safety concerns than it will fix.” The notice does not give a specific speed limit to be set; however, it states “the agency is considering making the rule only applicable to CMVs manufactured after a certain date, such as 2003, because this is the population of vehicles for which ECUs (electronic engine control units) were routinely installed and may potentially be used to govern the speed of the vehicles.” Additionally, the rule, if adopted, would affect CMVs “in interstate commerce with a gross vehicle weight rating (GVWR) or gross vehicle weight (GVW) of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, that are equipped with ECUs capable of governing the maximum speed be required to limit the CMV to a speed to be determined by the rulemaking and to maintain that ECU setting for the service life of the vehicle.” Among industry leaders, reactions have been mixed. The Truckload Carriers Association (TCA) recently sent a short survey on the issue to carrier members within its Regulatory Policy Committee, Advocacy Advisory Committee, and their carrier benchmarking network (TCA Profitability Program). Only one respondent said their fleet does not currently use speed-limiting technology, citing a high prevalence of owner-operators. The rest of the carriers that responded shared that they do currently use speed limiters and that the devices are set anywhere from 62 to 72 mph. However, the majority of fleets that responded say they set the limiters within the upper 60s. The majority of TCA respondents were comfortable with a 2003 model year requirement (the year floated in the list of questions provided by FMCSA for the comment period). TCA’s Senior Vice President of Safety and Government Affairs David Heller wrote on TCA’s website that TCA staff “will review the notice and consult with our Regulatory Policy Committee in order to submit comments by the deadline…. We look forward to working with our members and FMCSA leadership to help craft a final rule that reflects TCA’s policy on speed limiters.” TCA adopted the following stance on speed limiters in April 2021: “The speed of all electronically governed Class 7 and 8 trucks manufactured after 1992 should be governed by tamperproof devices either limiting the vehicle to a fixed maximum of 65 mph or limiting the vehicle to 70 mph with the use of adaptive cruise control and automatic emergency braking. The Department of Transportation should conduct a recurring five-year review of speed-governing regulations to ensure that the regulations are appropriate and consistent with currently deployed technologies. Although TCA does not have a position on setting speed limiters or engine control modules (ECMs) for passenger vehicles, it recommends states consider setting the speed limiters on the vehicles of drivers with certain driving convictions.” The Owner-Operator Independent Drivers Association (OOIDA) criticized the rule in a news release. An OOIDA statement said policies and devices that limit speeds for large trucks “create unnecessary congestion and dangerous speed differentials among vehicles, which lead to higher accident involvement rates.” “Studies and research have already proven what we were all taught long ago in driver’s ed classes, that traffic is safest when vehicles all travel at the same relative speed,” said OOIDA President Todd Spencer. “Limiting trucks to speeds below the flow of traffic increases interactions between vehicles which can lead to more crashes.” Additionally, most crashes involving CMVs occur in areas with speed limits below 55 mph, mitigating the effect of any potential mandate, according to the OOIDA statement. “What the motoring public should know is that when they are stuck behind trucks on long stretches of highway, those trucks are often limited to a speed well under the posted speed limit,” said Spencer. American Trucking Associations (ATA) President Chris Spear said the ATA supports FMCSA’s proposal. “ATA is pleased that the Federal Motor Carrier Safety Administration is pursuing a constructive, data-driven approach to the issue of truck speed limiters in its latest proposal,” Spear wrote in a news release. “We intend to thoroughly review FMCSA’s proposal, and we look forward to working with the agency to shape a final rule that is consistent with our policy supporting the use of speed limiters in conjunction with numerous other safety technologies,” he added. Many trucking companies have been using speed limiters on their rigs for years. Walmart, for example, sets the top speed of its rigs at 65 mph. Back at the FMCSA, officials said The National Roadway Safety Strategy has identified speed as a major factor in fatal crashes and points to speed management as a primary tool to reduce serious injuries and fatalities. “FMCSA envisions the rule as a commonsense approach to reducing crashes and saving lives as the agency continues to work with drivers and advocates for the CMV community towards a goal of zero lives lost on our nation’s roadways,” the agency stated. Further, FMCSA officials said that the agency “is moving forward with this rulemaking because of concerns about the number of CMV crashes and fatalities traveling at high speeds. In 2019 alone, there were nearly 900 fatal crashes in areas with posted speed limits over 70 mph.”

Troubled waters? New rule lengthens time frame between inspections for nation’s bridges

The interval between inspections of America’s highway bridges got longer following the June 6 implementation of a final rule by the Federal Highway Administration (FHWA). This new rule extends inspection requirements for many bridges from two years to four years — and in some cases, six years. FHWA’s new requirements update the National Bridge Inspection Standards (NBIS) program, which maintains a bridge inventory and reports bridge inspection results — particularly critical findings of structural or safety-related deficiencies — to the FHWA. The FHWA said the new rule also repeals two outdated regulations, the Highway Bridge Replacement and Rehabilitation Program and the Discretionary Bridge Candidate Rating Factor. Truckload Carriers Association Manager of Government Affairs Caitlin Smith questioned the federal government’s decision behind the new inspection regulations. “Expanding the time frame for bridge inspections could undercut the infrastructure spending package, by limiting the timeliness of our knowledge of which bridges need investment now,” she noted. “Considering the poor state of many of the roadways and bridges across the country, we should be advancing efforts to more-directly and comprehensively assess our infrastructure, not do the opposite.” The Moving Ahead for Progress in the 21st Century Act (MAP-21) required the Secretary of Transportation to update the NBIS. Through this final rule, the FHWA updates the NBIS to address MAP-21 requirements, incorporates technological advancements including the use of unmanned aircraft systems, and addresses ambiguities identified since the last update to the regulation in 2009. The regulations prescribe the permissible inspection intervals for bridges, including options for more rigorous, risk-based intervals based on the consideration of certain factors. They also provide options for establishing inspection intervals for each inspection type. An inspection interval tolerance of three months beyond the inspection date is included. Specific criteria have been established to allow for extended routine inspection intervals up to 48 months — and up to 72 months for underwater inspections. Requirements are described to enable the establishment of more rigorous, risk-based intervals in consideration of certain factors associated with bridges for routine, underwater and non-redundant steel tension member inspections that would allow some inspection intervals to be up to 72 months. One of the bridges that will be affected by the new law is the Interstate 40 bridge that connects Memphis, Tennessee, and West Memphis, Arkansas. That bridge was closed just last year after crews discovered a major crack in a structural beam on May 11, 2021. Thousands of cars, trucks, and tractor-trailers pass over the I-40 bridge every day of the year. When the crack, which was deemed to be a critical danger to the bridge’s structural integrity, was discovered, the bridge was shut down almost immediately. In addition to halting traffic on I-40, barge traffic on the Mississippi River under the bridge was temporarily blocked. The eastbound lanes of the I-40 bridge were reopened July 31, 2021, and the westbound lanes were reopened August 2, 2021. “The Tennessee Department of Transportation (TDOT) continues to review the new NBIS rules,” said TDOT Director of Structures Division Ted A. Kniazewycz. “There are many changes that will provide long-term benefits to our program,” he explained. “There is also a considerable amount of new work that will be required to update the documentation on our inventory of over 20,000 bridges. We understand that the new rules will be phased in over the next six years, and we are working with our staff and IT teams to update our computer systems and records to meet the new rule requirements.” Tito Sanders, a truck driver who lives in Memphis, who says he crosses the I-40 bridge almost every day hauling gravel, shared that it makes him nervous to know there were issues with the bridge that weren’t repaired right away. “I have a family, and I am all they got,” Sanders said. “I don’t understand why they can’t do more to make sure these bridges are safe. Sure, they say it’s fixed now — but is it really? How do we know? We only know what they tell us.” Long-haul driver Pam Eaton, who says she crosses the bridge about twice a month, is also concerned about the I-40 bridge, along with other bridges she crosses every day. “Back in 2002, when the bridge collapsed on I-40 in Oklahoma, I had just gone over it the day before,” she shared. “That really put things into perspective to me. Anything can happen out here on the road. You just have to put your faith in God and keep on going.” As for the government’s new Bipartisan Infrastructure Law, which will see $2 trillion spent on infrastructure improvements, including bridges, many in the trucking industry are still wondering why more wasn’t included for the industry exclusively. “Unfortunately, the infrastructure law did not specifically dedicate funds to truck parking — a major concern within the trucking industry,” noted TCA’s Smith. “We will now need to look to Congress and the Department of Transportation to allocate the proper investment to alleviate this expanding issue.” As for the overall spending package, Smith said TCA is “largely pleased with the infrastructure spending package, as it provides a landmark investment for our nation’s bridges and roadways, which will lead to increased productivity and improved safety.” However, the funds for that investment should be thoughtfully distributed. “It is important that the allocation of funds be thoughtfully considered, with officials and industry professionals on the ground steering the conversation to ensure that the money goes where it is needed most,” she continued. Smith said long-term thinking will be crucial. “The infrastructure law, through spending on our national electric grid and more, will shape the foundation of our country’s supply chains for years to come and contribute to our preparedness for both the challenges and opportunities that lie ahead,” she said. “Those implementing the infrastructure spending should pay close attention to supply chain stressors like freight bottlenecks, as well as keep their finger on the pulse of where trucking is headed with electric and hydrogen technologies to best ensure that the future of our infrastructure aligns with the future of private industry,” she concluded.

‘Top Gun’ trucker: Pro driver Billy Stone discovered a career for a lifetime

There are quite a few things that separate fighter jet pilots from truck drivers — extreme speed, height and having high-powered weapons attached to the vehicle, just to name a few. The fighter jet wins all those categories. But to a group of kids in Georgia just a few years ago, career truck driver Billy Stone looked every bit the part of Tom Cruise, who played hotshot fighter pilot “Maverick” in the 1980s blockbuster “Top Gun” as well as in the recent 2022 sequel. In the original movie, Cruise blasted through the sky with his afterburners blazing red-hot plumes behind him, showboating and laughing in the face of danger against Russian MiGs. Instead of jet engines, Stone’s “jet” had double stacks that rolled coal and made the earth rumble as he went by. Stone wasn’t fighting Russians, either. Instead, he was delivering goods across millions of miles to help keep the nation’s economy rolling. Billy Stone’s son, Reed Stone, recalls the minute his dad made that big-time impression. The group of kids included Billy’s nephew, Josh White, who later become a truck driver himself. “Dad came into the driveway; he was coming in hot,” Reed Stone said. “He pulled that rig in there like ‘Top Gun,’ slammed it in reverse and backed straight in, then stopped and got out. Josh said, ‘Whatever he is, I wanna be one!” But don’t mistake the cool persona just described as someone who’s flippant about safety behind the wheel. Now retired after a stellar 52-year career as a professional truck driver, Billy Stone can brag that he never once had an accident. He logged more than 4 million miles over the years. That equates to more than eight round trips to the moon, or more than 160 times circling the Earth’s equator. He’s traveled far and wide across the entire North American continent, including Canada and Mexico. In fact, the only American state he has yet to visit is North Dakota — a bucket-list item he plans to check off this year with his son. As a young boy, Stone developed an interest in the trucking industry; both his father and uncle were over-the-road drivers. In 1963, while working as a mechanic, he met and married Barbara Stone, his wife of 58 years. Barbara had family in the trucking industry as well, and when she spotted an ad for truck driving in the newspaper, she knew her new husband would be thrilled at the opportunity. Breaking into the trucking industry in 1966, Stone began his career at Whitaker Oil where, after just six weeks of training, he hit the road. After that, he never looked back, driving straight through until his retirement in 2018. For the next 10 years, Stone hauled everything from chemicals to exotic furniture before joining the team at Conyers Air Products & Chemicals in 1977. There, he quickly established himself as one of the company’s most admired drivers. “Mr. Stone is one of the most professional drivers I have had the pleasure to work with over the years,” said Conyers Site Manager John Hardy. “His commitment and dedication to safety has positively impacted generations of new drivers at the company.” With safety always at the forefront of his mind, after 35 years with Air Products & Chemicals, Stone reached a major milestone in 2012: He eclipsed 3 million miles without incident. That means no accidents, fender benders or even so much as a broken taillight. Stone says he cherishes the relationships he built with the variety of partners he had while hauling hazardous gases and chemicals. However, closest to his heart is the inspiration he invoked in his nephew. Under Stone’s mentorship, White has also become a truck driver. Along with safe driving, Stone holds time with family as one of the most important things in his life. He says being on the road for long stretches of time was difficult for the family, and before the age of cell phones, finding ways to keep in contact with his family was a top priority. Though he sacrificed many weekends and holidays away from them, Stone always tried to be a part of as many big and small family moments as possible. Barbara Stone explained, “It was just a way of life that we adapted to, and actually, it was exciting because it was different than other people’s way. But we enjoyed it.” A true family man both on the road and off, Billy Stone always made the most of his time at home. “My dad was gone for a while, you know, on the road. Then he would come back home and we’d spend a lot of time with him,” said Reed Stone. “Whenever Dad would bring his truck home, we would become ‘famous,’ because everybody in my neighborhood would see the truck parked in front of the house. It’d be a special time, a great time.” Though Billy Stone credits the raising of his children to his wife, he never wasted a minute of the time he spent with them. It’s clear by the pride and admiration with which they speak of him that Stone made a huge impact on their lives and was never far from their hearts or minds. This year, Stone was honored with induction into the Howes Hall of Fame. Though he has accumulated numerous other awards, he says that recent honor is his most cherished. “Billy typifies what it means to be a truck driver – hard working, dedicated, conscientious and driven by strong family values,” said Rob Howes, executive vice president at Howes Products. “We built this Hall of Fame to make sure the stories and values of drivers everywhere are represented through people like Billy,” Howes continued. “As a truck driver, he’s part of a group that we are most proud of and shows how rewarding a career in driving can be. His mentorship and lead-by-example efforts help others realize that they too can achieve great heights in the trucking industry.” Erika Howes, vice president of business development at Howes, noted that Stone is the first Hall of Fame inductee of 2022 — and he’s the first nominated by the public. “The Howes Hall of Fame has gained a lot of momentum since we opened it in 2020, but this induction is extra special to us,” she said. “Billy is the driver we all know is out there, who goes unnoticed or underappreciated but still works hard to make sure we all have what we need in our daily lives. He is the type of person we want to hear about from people in the field, someone who inspires others, who goes above and beyond. Billy, and others like him, know they’re special to their family and friends, but we’ve developed this platform to let them know they’re special to all of us as well. It’s extremely important to us that people head over to the Hall of Fame and get nominating, so we can fill it with amazing inductees like Billy.” As for Stone, even though he’s officially retired, he can’t quite let go of trucking. He’s applied to work a small route near his Georgia home, something to keep him busy doing a job he loves. “I’ve been proud to do all these years and all these miles,” he said. “But being recognized for it — that’s a big deal. It’s a feeling I can’t get over.”

Truck drivers protest AB5 law in California

LOS ANGELES — Hundreds of independent truck drivers stopped work and took to the streets Wednesday to protest a California law that makes it more difficult for them to be considered independent contractors. At the ports of Los Angeles and Long Beach, a group of about 100 truck drivers stopped work in protest as other drivers blocked highways in the area; however, port spokespeople said that the facilities remained open. Drivers in Oakland are reportedly planning their own protest for Monday. On June 30, the U.S. Supreme Court decided against hearing the California Trucking Association’s (CTA) case against the law, known as Assembly Bill 5, or AB5. This means that the U.S. Court of Appeals for the Ninth Circuit’s ruling stands, thus eliminating the preliminary injunction preventing AB5 from being enforced on motor carriers. Popularly known as the “gig worker bill,” the legislation requires companies that hire independent contractors to reclassify them as employees, with some exceptions. This has many in the California trucking industry concerned about the future of the owner-operator. John Wiggins, an owner-operator who regularly drives to California’s ports, told The Trucker that the new law amounts to government overreach. “They just don’t want us little guys to make it,” he said. “That is why I am out here protesting. It’s a damn shame.” AB5 was passed into law in 2019, but the lawsuit had prevented it from affecting the trucking industry. “Gasoline has been poured on the fire that is our ongoing supply chain crisis,” the CTA said in a statement. “In addition to the direct impact on California’s 70,000 owner-operators who have seven days to cease long-standing independent businesses, the impact of taking tens of thousands of truck drivers off the road will have devastating repercussions on an already fragile supply chain, increasing costs and worsening runaway inflation.” Trucking company owner Gordy Reimer told Reuters that he normally has 50 to 75 independent drivers working at Los Angeles’ ports. All of them declined loads on Wednesday to participate in the protests on port properties and nearby roadways, said Reimer, who counted his immediate losses at around $50,000. The Owner-Operator Independent Drivers Association (OOIDA), which filed an amicus brief in support of the CTA’s petition, said it was disappointed in the high court’s decision. “With AB5 now set to go into effect, thousands of owner-operators driving in California face an uncertain future,” OOIDA President Todd Spencer said. “California has provided no guidance to owner-operators about how they can work as independent contractors under this new scheme, and truckers will be at the mercy of the courts to interpret how the law will be applied. “For truckers that have invested their blood, sweat and treasure to create their own businesses, it is dismaying that lawmakers and the courts are forging ahead with this radical policy that dismisses a beneficial business model that has been in place for decades. At the same time, we know this will not be the last word on the legality of AB5 and expect to participate in future challenges to the law.” Meanwhile, the California Attorney’s General Office heralded the decision. “We’re pleased with the court’s decision to reject this challenge to AB 5’s application to the motor carrier industry,” a spokesperson said, according to OOIDA’s publication Land Line. “At the California Department of Justice, we’ll continue to do our part to defend laws that are designed to protect workers and ensure fair labor and business practices.” CTA officials said they believe that AB5 violates the constitution and could force the end of the trucking industry’s owner-operator model. But the U.S. solicitor general recently advised the court to deny the CTA’s petition, saying that AB5 would not have a significant impact on prices, routes or services  

CR England reports cybersecurity breach

SALT LAKE CITY — Trucking company C.R. England Inc. reported a data breach affecting as many as 224,572 individuals. According to an official filing by the company, the breached information includes affected parties’ names and Social Security numbers. On May 23, C.R. England filed official notice of the breach and sent out data breach letters to all affected parties. “If you received a data breach notification, it is essential you understand what is at risk and what you can do about it,” said attorney J.D. Supra. “Receiving a data breach letter can be a bit alarming, and for good reason, as it means that a total stranger—and potentially a criminal — accessed your personal data. Given the risks involved, it is important you remain vigilant after a data breach… .” Supra said there are steps to take if someone’s information has been leaked. Click here to read more. Based on a May 23 letter to those impacted by the breach, C.R. England reports that on Oct. 30, 2021, the company first detected unauthorized activity across its computer systems. Upon learning of the intrusion, the company secured its systems and worked to terminate the unauthorized access. C.R. England also secured the assistance of third-party cybersecurity professionals to investigate the incident. The investigation into the C.R. England breach confirmed that sensitive consumer information was contained in the affected files. Subsequently, the company reviewed all the files to determine the nature of the compromised information and who it belonged to. C.R. England completed this process on April 20, confirming that the names and social security numbers of 224,572 people were accessible to the unauthorized party. On May 23, C.R. England sent out data breach letters to all individuals whose information was compromised as a result of the recent data security incident.

CAT Scale Rig of the Week | Eric Landry

As a boy, Eric Landry of Shenley, Quebec, worked in his father’s body show and knew he wanted to be a truck driver. Now, he’s hauled cargo all across Canada and the lower 48 states. His 2008 Kenworth W900L has more than 1.5 million miles and has been customized from top to bottom. Eric said it’s a never-ending project that he never gets tired of working on. Each year, he will change something on the truck to make it look better but respect the old-school style of the truck. The interior has been heavily customized. Eric has done a lot to maintain classic appeal on the inside including the fuel pedal, switches, gauges and putting the radio in the overhead console. Eric has been driving for 25 years and said that he still enjoys it like the first day. He’s also looking to pass that love for driving to his son Jimmy. In 2008, Eric and his wife bought a Kenworth K100 that he and Jimmy have been rebuilding for the last three years. Eric added that he loves being able to take his family on the road with him because every trip is a new adventure. Do you use the CAT Scale app and have a rig you’d like us to feature as the CAT Scale Rig of the Week? Send photos to [email protected].

New trucking industry survey reveals challenges, opportunities

BOISE, Idaho — A recent survey conducted by Truckstop.com reveals the way many carriers feel about the current challenges on the road. The survey found that more than half (51%) of carriers polled are looking to change jobs in the next six to 12 months even though 32% of respondents are making 50% to 74% more money. “The freight transportation industry is cyclical, which means innovating ahead of the impending ups and downs is paramount to ensuring our customers have the tools they need to navigate the industry’s cycles and ensure steady cash flow.” said Kendra Tucker, chief executive officer, Truckstop.com. “The Truckstop.com suite of solutions helps carriers simplify their day by reducing tedious tasks because every second counts in this industry.” According to the survey, “For carriers to remain successful in today’s climate, they need access to easy-to-use solutions that keep their businesses moving, from getting fair rates to getting paid faster (69% of respondents say factoring is an efficient way to get paid).” Additional survey findings show that most carriers surveyed (96%) believe improvements made possible with the infrastructure bill will positively impact the freight transportation industry, the most impactful believed to be: Improved conditions on interstates, highways and roads – 35% Better traffic flow that reduces congestion and improves delivery times – 32% Increase in new drivers under apprentice program – 28%

FMCSA draws thousands of comments from drivers, carriers on speed limiter proposal

WASHINGTON — The Federal Motor Carrier Administration (FMCSA) has so far received more than 8,100 comments on the Federal Register for its proposal to install speed limiters on commercial vehicles (CMVs) operating across the country. Click here to participate. The notice does not give a specific speed limit to be set; however, it does state that “the agency is considering making the rule only applicable to CMVs manufactured after a certain date, such as 2003, because this is the population of vehicles for which ECUs (electronic engine control units) were routinely installed and may potentially be used to govern the speed of the vehicles.” Additionally, the rule, if adopted, would affect CMVs “in interstate commerce with a gross vehicle weight rating (GVWR) or gross vehicle weight (GVW) of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, that are equipped with ECUs capable of governing the maximum speed be required to limit the CMV to a speed to be determined by the rulemaking and to maintain that ECU setting for the service life of the vehicle.” The move is a follow-up to a 2016 joint proposal between the FMCSA and the National Highway Traffic Safety Administration for CMV speed limiters. The comment period ends June 3. “If you want more road rage and accidents make it mandatory for all trucks to do 65. Only people that jump on a plane or a helicopter and don’t share the same (sic) roads with the peasants would think speed limiters are a good idea,” wrote driver Gary Bucher. Driver Robert Sloan wrote an extended comment. “I’ve been a commercial driver for nearly 20 years,” he wrote. “The most dangerous thing I have seen in my career is the use of split speed limits and having governed trucks running on a highway where the average vehicle is running 20+ mph faster than the governed truck. Split speed limits and governors kill. Governors cause congestion, road rage, cause unnecessary wrecks because of being a larger slower moving target and do nothing to improve fuel economy. Take a hard look at areas that have high truck congestion and the number of major wrecks. You will find that there are lots of wrecks that happen because of road rage and aggressive driving practices.” Sloan continued: “Let’s use I-30 between Little Rock and Texarkana as an example. It’s mostly a 4 lane divided highway and 6 lanes closer to Little Rock. It’s a main route for freight and it’s always a mess. You end up with a snail race between a 61 mph truck and a 62 mph truck constantly. Which results in traffic jams because god forbid Mr 61mph back off to let the passing truck go or for that matter the faster truck slow and just ride. This results in people getting irritated. They start driving more aggressive and taking chances. Be it cutting in and out of traffic, passing on shoulders, splitting lanes, cutting people off, etc. Several times I’ve watched cars and even other trucks get around that mess and then immediately brake check the vehicles that were causing the hold up. Wrecks occur and often times there is major injury and/or death. Another issue with speed governors is that it doesn’t leave you an opportunity to make a run for a hill which causes you to drop speed and become a rolling hazard that can lead to a run under/rear end collision. Let trucks run the posted limit or be governed at the speed in which their tires are rated at from the factory (68-75 in most cases) and leave it at that. However if you’re going to govern trucks, then cars should be governed at the same speed. What’s good for the goose is good for the gander.” A representative from Double S Trucking LLC wrote: “This proposal is not safe. Some states has speed limits that exceed 75 mph and now you want to impede traffic with slow moving vehicles. If speeding semis are a concern then put them on the trucks that keep breaking the law.” “I believe this will cause more accidents as many 4 wheelers are not paying attention to our speeds and we will be like sitting ducks on the highways. I see most truckers out there driving at safe speeds and if you make this move to force us all slower the only ones that will be unsafe are the ones that are unsafe now.” — Getter Transfer LLC representative   A Mountain Glaze Transportation LLC representative kept their comment short, writing, “I wish you guys can be a day in a truck of a owner operator. This regulation is not right.” A G & R Transport Express LLC representative wrote: “Differences/changes in speed are the main concern for accidents. We are put in much more danger when trucks are going excessively slower than the general public. I believe trucks should not be speed limited. If trucks are limited to 70 or 75 then all vehicles should be limited as well. Many passenger vehicles show no respect to commercial vehicles and that is when preventable accidents happen.” The Owner-Operator Independent Drivers Association (OOIDA) has also criticized the plan. A recent OOIDA statement said policies and devices that limit speeds for large trucks “create unnecessary congestion and dangerous speed differentials among vehicles, which lead to higher accident involvement rates.” “Studies and research have already proven what we were all taught long ago in driver’s ed classes, that traffic is safest when vehicles all travel at the same relative speed,” OOIDA President Todd Spencer said. “Limiting trucks to speeds below the flow of traffic increases interactions between vehicles which can lead to more crashes.” Additionally, most crashes involving CMVs occur in areas with speed limits below 55 mph, mitigating the effect of any potential mandate, according to the OOIDA statement. “What the motoring public should know is that when they are stuck behind trucks on long stretches of highway, those trucks are often limited to a speed well under the posted speed limit,” Spencer said. Truckload Carriers Association (TCA) Vice President of Government Affairs David Heller wrote on TCA’s website that TCA staff “will review the notice and consult with our Regulatory Policy Committee in order to submit comments by the deadline…. We look forward to working with our members and FMCSA leadership to help craft a final rule that reflects TCA’s policy on speed limiters.” TCA adopted the following stance on speed limiters in April 2021: “The speed of all electronically governed Class 7 and 8 trucks manufactured after 1992 should be governed by tamperproof devices either limiting the vehicle to a fixed maximum of 65 mph or limiting the vehicle to 70 mph with the use of adaptive cruise control and automatic emergency braking. The Department of Transportation should conduct a recurring five-year review of speed-governing regulations to ensure that the regulations are appropriate and consistent with currently deployed technologies. Although TCA does not have a position on setting speed limiters or engine control modules (ECMs) for passenger vehicles, it recommends states consider setting the speed limiters on the vehicles of drivers with certain driving convictions.” Chris Spear, president of the American Trucking Associations (ATA), said the ATA supports FMCSA’s proposal. “ATA is pleased that the Federal Motor Carrier Safety Administration is pursuing a constructive, data-driven approach to the issue of truck speed limiters in its latest proposal,” Spear wrote in a news release. “We intend to thoroughly review FMCSA’s proposal, and we look forward to working with the agency to shape a final rule that is consistent with our policy supporting the use of speed limiters in conjunction with numerous other safety technologies,” he said. There are some companies that have been using speed limiters on their rigs for years. Walmart, for example, sets the top speed of its rigs at 65 mph. Gary Garrison, president of Allstar Fuel, which operates a dozen 18-wheelers and a handful of bobtail trucks out of fuel outlets in the Texas cities of Plainview, Graham and Wichita Falls, recently told MyPlainView.com that one of the main reasons for speed limiters is safety. “If you are involved in collisions, the slower speed does have a safety element,” he said, adding that accident avoidance is increased as slower speeds as well. But “maybe the bigger reason is fuel conservation,” Baker added of Walmart’s 65 mph max. A representative from Getter Transfer LLC said they see the issue from both a carrier and driver point of view, writing: “I am a Carrier and I am a driver and my opinion is that the problem out on the road is with other drivers not with Truckers. I see 4 wheelers on a daily basis cut me off and other truckers. They drive around us now like we are in the way imagine slowing us down 10 to 15 mph, that would put metro areas and many others at a standstill. I sometimes I need to accelerate to get out of a situation like someone merging next to me and I can’t slam on brake it is just safer to speed up when going on down grade. I also know that most hills I climb if I was limited to a slower speed it would cause me to loose all momentum and I would be impeding traffic on up hills much more than it happens when I can go faster down a hill.” The comment continued: “I believe this will cause more accidents as many 4 wheelers are not paying attention to our speeds and we will be like sitting ducks on the highways. I see most truckers out there driving at safe speeds and if you make this move to force us all slower the only ones that will be unsafe are the ones that are unsafe now. The fuel prices are killing us the rates on loads are down. Now if you make me drive 55 that will be 110 miles less per day i can drive and that will be the final dagger in the financial heart. That is like taking a hole day a week pay from me but I still have to put in the same time.”  

War cries: Russia’s invasion of Ukraine shakes global economy

Since Russia invaded Ukraine in March, markets have been uncertain, oil futures have skyrocketed, and the general state of business — both international and domestic — has been a bit rocky. But with diesel prices still averaging above $5 a gallon and gasoline above $4, some of the nation’s lawmakers are saying that oil companies may be more to blame for the business climate than the war. House Democrats in early April accused oil companies of “ripping off the American people” and putting profits before production as Americans suffer from ever-increasing fuel prices during the war in Ukraine. “At a time of record profits, Big Oil is refusing to increase production to provide the American people some much needed relief at the gas pump,” said Rep. Frank Pallone (D-N.J.), chairman of the House Energy and Commerce Committee. At the time of this writing, there are fears that Russia could begin escalating the war after an initial failure on its part to gain control of Ukraine. Moscow’s invasion stalled on several fronts as it met with stiff resistance from Ukrainian forces, which prevented the Russians from taking the capital and other cities. With their offensive thwarted in many parts of the country, Russian forces have relied increasingly on bombarding cities. The war has left many urban areas flattened, killed thousands of people, and left Russia politically and economically isolated. The war has also shattered Ukraine’s economy, with the World Bank estimating it will shrink by more than 45% this year. Meanwhile, those in the trucking industry are watching and hoping for peace. There are also worries that the war could further impact North American supply chains and the freight logistics sector. More than 90% of the U.S. market’s supply of neon, which is crucial for semiconductor chips, comes from Ukraine. The White House has said it is eager to see chip manufacturers turn to other sources, but that could take time. Semiconductor chips are vital to Class 8 tractors, and slowdowns in chip manufacturing have slowed down Class 8 manufacturing in the U.S. Semiconductor chips collect data in a tractor, and between 15 to 35 chips can be needed per tractor, according to Freight Transportation Research (FTR) Associates’ Vice President of Commercial Vehicles Don Ake. The global supply chain crisis and two fires in major chip factories abroad — one in late 2020 and one in early 2021 — had already hit the market hard. Now the conflict in Ukraine threatens to cause another wave of issues in North American trucking. The latest release of ACT’s For-Hire Trucking Index, with February 2022 data, showed decreases in the volume and pricing indices, while the capacity index grew. The ACT For-Hire Trucking Index is a monthly survey of for-hire trucking service providers. ACT Research converts responses into diffusion indexes, where the neutral or flat activity level is 50. “The volume index fell 1.7 points in February, in line with our revised GDP forecasts for 2022, as inflation weighs on consumers’ wallets,” noted ACT Research’s Research Associate Carter Vieth. “The freight volume outlook remains positive, but COVID variants and the inflationary effects of war cast some uncertainty.” But what about everyday drivers? How are they fairing through this latest crisis? D. Caldwell, an over-the-road driver from Arkansas, said he has had to make cutbacks in order to afford fuel. As an independent owner-operator, he said that times are “definitely getting tougher.” “Fuel is real bad high right now,” said Caldwell. “And you look at what’s going on over in Ukraine, you just have to think that something worse may be coming. I try to look on the bright side of things, but sometimes there just seems to be all dark, you know? But I have faith that things will get better at some point. They got to.” There was, indeed, some glimmer of hope on April 11 after the U.S. Department of Transportation said there are signs of progress in the nation’s supply chain. America’s ports — including the Ports of Los Angeles and Long Beach collectively — imported more containers than any previous January, according to a USDOT news release. The total number of container ships waiting for berths at U.S. ports has dropped by 35% since peaking in early February and freight railroads’ weekly intermodal movements in March approached their highest levels of 2022. “Goods are successfully being delivered to shelves and real retail inventories excluding autos are at their highest levels in history and 6% above pre-pandemic levels,” according to a news release. One key bottleneck in the transportation supply chain has been trucking capacity — an industry where employment was declining before the pandemic and has been stretched by historic demand for goods. In early April, the U.S. Department of Transportation (DOT) and the U.S. Department of Labor (DOL) announced progress on the Biden-Harris Trucking Action Plan to focus on retaining drivers by making truck driving a better job and to recruit more drivers into the profession. Key achievements include more than 90 employers launching Registered Apprenticeship programs in 90 days, a 112% increase in commercial driver’s licenses issued in January and February 2022 compared to 2021, a new Women of Trucking Advisory Board, and a new Veterans Trucking Task Force to help bring more veterans into the trucking industry. Trucking employment is now around 30,000 higher than the start of the pandemic. “While this is important progress, we still see challenges on the horizon and USDOT continues to monitor potential disruptions,” the DOT news release noted.

End of the line: 3G’s final days are here as 5G takes over data services — including all ELDs

Mobile carriers began shutting down their 3G networks in February and will continue to do so throughout 2022 to make room for more advanced network services, like 5G. As a result, many older cellphones and other mobile devices, such as electronic logging devices (ELDs), will be unable to use data services, according to the Federal Motor Carrier Safety Administration (FMCSA). Velociti President Deryk Powell said the transition will mean improved functionality for fleets and notes the 5G migration is pivotal for technologies like autonomous vehicles. In particular, 5G enables autonomous vehicles to react to road conditions. “This is only possible with the ultra-low latency found in 5G,” he noted. However, Powell cautioned that hurdles remain for those who haven’t yet made the transition away from 3G systems. “There is certainly concern that delayed upgrades, exacerbated by continued supply chain shortages, could result in a situation throughout the next year or more where many carriers lose functionality of their systems,” he added. The next planned sunset is scheduled for June 30 by Sprint LTE (T-Mobile). AT&T and Sprint 3G (T-Mobile) turned off their 3G on February 22 and March 31, respectively. Verizon will be the last major cell carrier to switch off its 3G with a planned end date of December 31. Many mobile carriers, such as Cricket, Boost, Straight Talk, and several Lifeline mobile service providers, utilize the AT&T, Verizon, and T-Mobile networks. This means that many cellphones and other mobile devices relying on 3G technology will be unable to use data services once 3G service is permanently terminated. The network shutdowns will impact motor carriers if their ELDs rely on a 3G network to record hours-of-service (HOS) data and transfer it to a safety official. Any ELD that requires 3G cellular connectivity to function will no longer be in compliance with the technical specifications in the federal ELD rule once the 3G network it relies on is sunsetted, according to the FMCSA. “When in an area that does not support 3G, a 3G device will register a malfunction,” stated an FMCSA news release. “In accordance with 49 CFR 395.34, the carrier has eight days to get the malfunction resolved, in this case by replacement, unless an extension is granted.” Motor carriers should already be working with their ELD providers to upgrade or replace devices that rely on a 3G network, the FMCSA said. First and foremost, carriers should confirm whether their ELDs rely on a 3G network. If you aren’t sure whether your company’s ELDs rely on a 3G network, contact your provider. If your ELD does not rely on 3G and meets all minimum requirements, no further action is needed. You can also ask your provider for an upgrade or replacement plan. If your ELDs rely on a 3G network, ask the service provider about its plan for upgrading or replacing your devices to ones that will be supported after the 3G sunset. FMCSA strongly encourages motor carriers to take the necessary actions as soon as possible to avoid compliance issues. Many fleets are using the sunsetting of 3G networks as an opportunity to consider alternative technology providers, said Powell. For those electing to make such a move, many other integration and back-office factors come into play, including IT-infrastructure support, billing and invoicing, and internal safety standards — all of which should be discussed with service providers. Powell suggests once a purchasing decision is made, establish a time line for migration. The availability of 4G device hardware is the gating factor in determining if the project can be completed before the applicable 3G network shutdown dates, so time is of the essence in completing these initial steps. The migration itself is not a simple device swap. It is a significant project with potentially severe implications if not given proper consideration, such as unexpected costs due to a poorly planned deployment or having to retouch your entire fleet because the new devices aren’t programmed correctly. Because of this, a trained and experienced project management team should be engaged to develop and execute the plan. A comprehensive project plan will entail dozens of steps, and the highest of priorities should be placed on the following, according to Powell: Who is on the team? Will it be handled with in-house resources, third-party suppliers, or a combination? For hardware supply chain logistics, who will ship what — and where and when? Who will perform device kitting, staging, and activation services? How will rolling assets (tractors, trailers, forklifts, etc.) be routed in and scheduled for the required service? What will be the cadence for communication of the project details and expectations to all impacted employees? Who will perform the physical removal of the 3G devices and installation of the 4G devices? How will data be tracked to ensure the proper, real-time association between new 4G devices and the specific asset in which each is installed? What is the plan for the disposal of the legacy 3G devices? Now that new 4G devices are in operation, what is the plan for ongoing monitoring and repair of these devices? What could go wrong and what are the necessary contingency plans? Making the right technology decisions and ensuring new technology performs as expected requires a turnkey approach and expertise in many areas. This includes identifying the ideal hardware and software, overseeing complex project management, and quickly deploying skilled technicians who can install, repair, and replace technology with minimal business disruption, according to Powell. “The transition from 3G to 4G may seem daunting, but it is manageable with the right team and plan in place,” he noted.

FMCSA nixes 2 proposed CDL rule changes

WASHINGTON — The Federal Motor Carrier Safety Administration (FMCSA) is dropping two proposed commercial driver’s licensing (CDL) rule changes that were introduced as part of efforts to streamline the credentialing and testing process for new drivers. According to a listing on the Federal Register, the FMCSA is withdrawing a notice of proposed rulemaking (NPRM) that would have allowed states to use a third-party skills test examiner to administer the commercial driver’s license (CDL) skills test to applicants to whom they had also provided skills training. FMCSA is also withdrawing an NPRM that would have allowed driver applicants to take CDL general and specialized knowledge tests in a state (the testing state) other than the applicant’s home. This NPRM also noted that the applicant’s home state would have been required to accept knowledge test results from the testing state. The FMCSA wrote in the Federal Register filing that the decision to remove the rule change considerations was based on comments received from industry stakeholders. Regarding out-of-state test taking, Pennsylvania noted that there is currently “no way to verify the person taking the knowledge test in another jurisdiction is in fact the same person taking the skills test later in the process,” adding that “(the Commercial Skills Test Information Management System) does not provide a mechanism for verification with other jurisdictions.” Virginia also noted security concerns, stating that “the requirement to issue a CLP (commercial learner’s permit) remotely undermines the current processes Virginia has in place to ensure that a credential is securely issued to the applicant.” California also expressed concern over the proposed remote delivery requirement, questioning how secure delivery could be assured if the CLP credential was sent to an address outside their state. Montana noted “grave concerns about the real and substantial threat of fraudulent activity” if Montana is required to issue a CLP to an applicant who does not personally appear at a Montana driver license location. Minnesota and Virginia cited ongoing difficulties in the processing of out-of-state skills testing results, which could carry over to the processing of knowledge testing results. Regarding third-party testing, the FMCSA Federal Register post noted that most commenters opposed the NPRM, citing concerns about fraud, conflict of interest or examiner bias. These commenters argued that allowing the same individual to train and test the applicant could undermine the integrity of the skills testing process, thereby negatively impacting safety. As one individual noted, “The proposed rule removes the necessary impartiality of the CDL examiner, allowing the instructor to fail or pass student drivers with whom they have developed a relationship. This is not a fair assessment of the candidates’ abilities.” A commenter identifying as a trainer with 22 years of experience expressed a similar concern, explaining that “the reason another trainer has to test my student is to prevent bias or just passing them along.” Another commenter said that, while some companies “will do due diligence to make sure drivers are trained properly,” lifting the restriction would remove necessary checks and balances from the skills testing process. The Minnesota Trucking Association stated that lifting the restriction “would cause an increased risk of intentional and unintentional bias in testing results.” One individual observed that current alternative approaches to detecting fraud in CDL testing, identified in the NPRM, “rely on the principle of deterrence rather than prevention . . . which allows unqualified drivers to obtain their CDLs and legally operate [commercial] motor vehicles on public roadways without proper training—at least until the fraud is discovered.” All of the states that commented on the NPRM (Virginia, Oregon, Washington, Minnesota and Missouri) also raised concern that lifting the prohibition could negatively impact safety by undermining the integrity of skills testing. As Washington stated, the NPRM “adds substantial risk” to third party testing “by introducing an apparent conflict of interest.” Additionally, three states voiced concerns about accepting skills testing results for applicants tested in states that had lifted the restriction. Oregon stated that, while the proposed change is “permissive in nature, given the requirement to accept out-of-state CDL skills test results, adoption by other jurisdictions will pose a risk that we have deemed unacceptable.” Similarly, Virginia noted it would be “unable to guard against fraud in these situations and that unsafe drivers will be licensed to drive interstate impacting safety in Virginia and elsewhere.” Washington expressed “strong concerns with accepting skills test results from other jurisdictions allowing (third party skills test examiners) to test the individuals they train.”

Trucking ‘the hard way’: Love for the road keeps Oregon native Ric Pike behind the wheel

Ric Pike always has to eat a little crow when he tells the story about how he became a professional truck driver. “I thought it was an easy job, that I could do it without any problems,” Pike said during a recent interview with The Trucker. He’s now nearly three decades into his career. The Oregon native started his professional life as a pressman at a plywood mill. It was a tough job — one that he was eager to step away from when the opportunity arose to haul the wood instead of helping to make it. Pike said he learned how to drive a big rig “the hard way,” in a 1957 Kenworth equipped with a five-in-the-floor transmission and a soot-belching 230 Detroit diesel engine. He soon discovered that trucking wasn’t as easy as he thought — but even so, he still took a shine to it. After a few years of transporting plywood, he moved on to hauling logs. “That really kept me on my toes,” Pike said. “I was 18 or 19 when I first started out, so I learned as I went.” After a stint of driving timber in the Pacific Northwest, Pike hit the road to try his luck as a long-hauler pulling a dry van. “About that time, I met a guy who was running reefer, and he said he would teach me everything I needed to know about it, so I went along with him and drove reefers for about 15 years,” Pike said. “Then I went into flatbeds. I worked for six years doing that; then started doing oversize loads.” Over the years, Pike has hauled everything from yachts to pieces of a Titan missile. It was during that Titan missile haul that he met his wife, Suzzanne. At the time, he was making runs between Seattle and Los Angeles along Interstate 5. One day, while rolling near Modesto, California, Pike said he heard a woman on the CB, asking for someone to talk to. “I picked up the CB, and we started talking,” Pike said, noting that the other truckers listening in were jealous that Suzzanne seemed to like him and not them. “She was with her mom, hauling a horse to her sister’s house, and I was heading her way,” Pike said. “We kept rolling and agreed that we needed to meet somewhere. So we pulled over and got something to eat with her mom.” Suzzanne’s mom convinced her daughter to go for a ride with Pike in his rig. They immediately hit it off, and were married not long after. “I had (had) basically no sleep when I met them,” Pike said. “So, when Suzzanne got in the truck with me, we talked a lot, and we kept talking with her mom (on the CB). That was great.” Hard times befell Pike in the years after meeting and marrying the love of his life. His original rig was stolen, and he said he almost lost everything. He credits his nephew, Steven, for helping to save him. “I have to give credit where credit is due, He really came to my rescue,” Pike said. Unfortunately, the bad luck kept coming for Pike. Recently, his beloved rig, which has been featured on a CAT Scale card and as a CAT Scale Rig of the Week, was involved in a wreck in Oklahoma City. After stopping for backed-up traffic, he was rear-ended by another rig. The impact propelled Pike’s tractor into the trailer of the rig in from of him. “It did $30,000 in damage,” Pike said, pain notable in his voice. “I have been down 180 days off the road.” Pike’s beloved rig is no ordinary piece of machinery. He bought the 2005 Peterbilt 379 about five years ago for his son to drive — but he ended up rebuilding and driving it himself. He stretched the frame to 310 inches, updated the paint, added a lot of chrome and installed dual-revolution lights in green and blue to match the paint job. Pike’s wife has nicknamed the truck “Belligerent,” saying it’s unique, full of life and doesn’t care what other people think of it. For performance, Pike is running a 550 CAT heavy-haul program with a PDI tuner. He also added 8-inch stacks with old-school rain guards. On the inside, he installed a 40-inch TV, cabinets, hardwood floors, a microwave and a pressure cooker. He said he hopes to have it back soon and get back on the road. When he’s not trucking, Pike enjoys being a “gearhead,” tinkering with one of his many motorcycles or the classic 1969 three-door Suburban he’s rebuilding. “Recreation is my obsession,” Pike said, describing his down time spent working on his bikes and the Suburban. “My dream is to get a moving van or enclosed auto trailer and dedicate the first 30 feet of it into living space, then load my motorcycles and hit the entire bike circuit,” he said. “I want to go to bike show after bike show.” Pike won’t say exactly how old he is, only that he is “between 50 and 60,” but if you talk to him long enough, it’s obvious that this truck driver still loves being on the road, whether it’s on a Harley or in his Pete. As for changes he has seen during his career, Pike says the electronic logging device, or ELD, is one of the “best and worst” things to come along. “I hate it with a passion,” he said. “I am old school — go till you fall down. On the good side, the ELD, in a lot of ways, is actually cool once you learn how to operate it. It keeps you out of trouble and makes it so you don’t have to run as hard.” For now, Pike is just waiting to get Belligerent out of the shop and back on the road. In the coming months, he’ll either be behind the wheel of Belligerent or hunched down in the saddle of one of his motorcycles, rolling along the open road. “I’m always ready to go,” Pike said. “I am ready to get moving again.”