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FleetPride expands footprint, acquires Integrity Fleet Services

IRVING, Texas — FleetPride, the nation’s largest distributor of truck and trailer parts and service provider in the independent heavy duty aftermarket, has acquired the assets of Integrity Fleet Services, a provider of fleet maintenance and repair solutions based in Pacific, Washington, according to a company statement issued on Aug. 15. “Integrity Fleet Services, renowned for its commitment to quality and customer satisfaction, has built a strong reputation over the years, serving a diverse range of commercial fleet customers,” a news release stated. “The acquisition will enable FleetPride to enhance its service offerings by working Integrity Fleet Services’ expertise and customer-centric approach into its existing operations. Customers will benefit from a nationwide network of service centers and a broader range of solutions.” Glen Grader, owner of Integrity Fleet Services, expressed his enthusiasm about the acquisition, saying, “I am proud of what Integrity Fleet Services has accomplished over the years. Joining forces with FleetPride is an exciting next step for our company, and I am confident that our shared values and commitment to customer satisfaction will continue to thrive. I have no doubt that FleetPride’s extensive resources and national presence will propel Integrity Fleet Services to new heights.” Mike Harris, FleetPride president of parts and service, said that Integrity Fleet Services “brings truck and trailer service expertise and great talent to our organization. “We are excited to welcome Glen and the entire Integrity Fleet Services team to FleetPride,” Harris said. “With a service center located in Pacific, Washington, a fleet of mobile maintenance trucks on the road, and our existing parts locations nearby, this creates a winning combination for customers. Adding service to our parts capabilities is core to our purpose, and we’re proud to say, FleetPride keeps the country running.”

Matt Rommel named VP of engineering at Ancra Cargo

HEBRON, Ky. — Ancra Cargo veteran engineer Matt Rommel has been named vice president of engineering. According to a company news release, Rommel brings more than 20 years of experience in design, management and customer engagement to the vice presidential position. He has spent the past four years in cargo securement. Rommel began working at Ancra Cargo in October 2019 as the design engineering manager, where he helped develop automated decking systems new to the industry. “Matt’s vision for the engineering department is to build upon Ancra’s reputation as the most innovative company in cargo securement,” the news release stated. Rommel previously worked as a senior mechanical engineer — with experience in product design and development — and is skilled at designing parts from initial concept to the finished product. He also holds several patents that were obtained over the course of his career. Rommel enjoys spending time with his wife and two daughters in his free time.

Vermont extends emergency order for CMV HOS exemptions

MONTPELIER, Vt. — An executive emergency declaration order in Vermont that grants motor carriers and drivers relief from maximum driving time for property-carrying vehicle requirements has been extended until Aug. 24. The order was first enacted on Aug. 9 after heavy flooding in the state. “The extension of the emergency declaration provides regulatory relief for commercial motor vehicle operations while providing direct assistance supporting emergency relief efforts related to the emergency resulting from the severe storms, flooding, landslides and mudslides in the state of Vermont,” the executive order states. “By execution of this extension of the emergency declaration, motor carriers and drivers providing direct assistance to the storm and flooding emergency in the state of Vermont are granted emergency relief from 49 CFR § 395.3, maximum driving time for property-carrying vehicles, subject to the restrictions and conditions set forth herein. Direct assistance does not include transportation related to long-term rehabilitation of damaged physical infrastructure or routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of this emergency declaration, after the initial threat to life and property has passed.” The order notes that “Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts related to the emergency as set forth in this extension of the emergency declaration, or when the motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce.”

Used Class 8 tractor market downshifts in July

COLUMBUS, Ind. — Preliminary Class 8 same dealer used truck retail sales volumes contracted 4.4% in July, according to the latest preliminary release of the State of the Industry: U.S. Classes 3-8 Used Trucks published by ACT Research. Compared to June 2023, average retail price declined 4%, while miles and age both declined 2%, according to ACT. Compared to July of 2022, volumes improved by 34%, while price declined 28%, miles declined 4%, and age declined 9%. According to Steve Tam, vice president at ACT Research, “Following three months of being bookended, retail sales handily outsold auctions and wholesalers.” He continued, “Auction activity pulled back 48% month-over-month from its usual end-of-quarter spike. Dealers increased their conservatism in July, with wholesale transactions down 36% month-over-month in July. In total, the used truck industry saw preliminary same dealer sales fall 31% month-over-month.” Tam concluded, “Historically, July is the fourth slowest sales month of the year, about 5% below average, pretty much explaining all the losses the industry experienced in June.”

EchoDrive adds automated carrier negotiations

CHICAGO — Echo Global Logistics, a provider of technology-enabled transportation and supply chain management services, is adding automated carrier negotiations to EchoDrive, its online carrier platform. With this new feature, carriers can submit a bid on available loads and receive an instant notification of acceptance or counteroffer, accelerating the bidding process and streamlining the booking of available freight, a news release stated. “Echo continues to pursue innovative transportation technology with our automated carrier negotiation system,” said Dave Menzel, president and chief operating officer at Echo. “This new process, combined with our advanced load-matching algorithm, allows carriers to now find available freight and book it in an automated manner within seconds, eliminating inefficiencies associated with the time carriers spend gaining access to freight.” Echo’s automated negotiation capabilities allow dispatchers to locate available shipments they’re interested in and book digitally — even if the listed Book Now price isn’t a good fit, according to the news release. The platform’s algorithm determines if a bid is within the threshold Echo is willing to accept and, once the carrier bid has been input, they receive a rapid, automated response either accepting, counteroffering or rejecting the bid. This new feature functions via EchoDrive, Echo’s web portal, which gives carriers real-time access to search, view and bid on available loads. “We’re excited to offer automated negotiation capabilities that give our carriers real-time feedback on the rates they’ve submitted,” said Jay Gustafson, executive vice president of brokerage operations. “This new negotiation process simplifies transportation management for EchoDrive carriers by providing a seamless booking experience, powered by our behind-the-scenes algorithmic intelligence.” Echo Global Logistics now has an automated carrier negotiation feature for its online platform EchoDrive.

J.B. Hunt releases company performance report

LOWELL, Ark. — J.B. Hunt Transport Services Inc. has published a report detailing the company’s progress toward environmental, social and corporate governance performance. “In 2022, we celebrated some incredible achievements by addressing challenges with energy and creativity while positioning our organization for long-term growth opportunities,” said John Roberts, CEO of J.B. Hunt. “Looking ahead, we remain eager to follow through on our commitments and goals to deliver on our mission to create the most efficient transportation network in North America.” Highlights from the report are listed below. Reducing carbon emissions The company announced in 2022 that it was “setting an ambitious goal to reduce carbon emission intensity 32% by 2034 (with a 2019 baseline),” the report noted. Specifically, J.B. Hunt officials are focusing on three areas to reach their emission-reduction target: incorporating alternative powered equipment into its fleet; expanding the use of biogenic fuels; and improving fuel economy (diesel powered miles-per-gallon “MPG”). “Achieving the company’s ambitious target is dependent on significant progress with the development and availability of new industry technology and the infrastructure needed to safely enable their day-to-day use on an industry-wide scale,” according to the report. J.B. Hunt also converts over-the-road highway freight to rail intermodal, which it says reduces a shipment’s carbon footprint by an average of 60%. J.B. Hunt operates with more than 116,000 53-foot containers supported by company-owned chassis and tractors, with plans to expand to as many as 150,000 containers in the next two-to-four years, the report noted. In 2022, company officials said they avoided an estimated 3.6 million metric tons of CO2e emissions by converting over-the-road loads to intermodal. It also helped company drivers avoid an estimated 3.5 million empty miles through J.B. Hunt 360, its multimodal digital freight marketplace. Powered by a people-focused culture “J.B. Hunt considers an inclusive workplace essential to fostering company growth and innovation,” according to the report. “Throughout 2022 and 2023, J.B. Hunt has earned several national recognitions for its people-focused culture, including three from Newsweek for its efforts to advance diversity, women and job starters.” The company hosts six overall employee resource groups (ERG), with a collective total of 5,000-plus ERG members, that provide support networks for female, LGBTQIA+, veteran, Latino, African American and Asian American and Pacific Islander employees and “promotes a sense of belonging for everyone,” the report notes. Advancing supply chain education After J.B. Hunt’s five years of continuous support to the University of Arkansas, in August 2022, the Sam M. Walton College of Business Program for Supply Chain Management was named as the J.B. Hunt Transport Department of Supply Chain Management. Through a new $1.5 million commitment to Sam M. Walton College, “the company aims to advance innovative, supply chain-focused initiatives, studying factors such as inclusion, sustainability, thought leadership, education, and innovation,” according to the report. “It will also support research, internships, scholarships and case competitions in supply chain management.” In 2022, J.B. Hunt awarded a total of $250,000 in scholarships to 100 recipients as part of the company’s new scholarship program, the J.B. Hunt Scholarship Program for Families. The application-based scholarship program is available to dependent children or grandchildren of J.B. Hunt employees who currently attend or plan to attend an accredited two or four-year college, trade school or vocational school. The company continued the program in 2023, and a new class will be announced later this year. Additional achievements J.B. Hunt was one of the first industry carriers to publish a Sustainability Report in 2020. Additional highlights from the latest report reflect the company’s investment in core foundation areas and include: Increasing usage of biogenic fuels by 6.9 million incremental gallons in company assets. Creating the J.B. Hunt Inclusion Office and Inclusion Council to ensure that inclusion remains a key component of creating exceptional employee experiences. Taking delivery of the first company-owned Class 8 electric Freightliner eCascadia truck and incorporated it into operations. Celebrating the second and third company drivers who achieved five million safe miles driven. Representing drivers at the U.S. Department of Labor Hall of Honor induction ceremony recognizing all essential workers for their dedication during the COVID-19 pandemic. “By continuing to invest in our people, technology and capacity, we are creating a strong company that delivers for our customers and communities,” said Shelley Simpson, president of J.B. Hunt. “Developing an inclusive culture is what fuels our innovation and positions us to best serve the diverse world in which we operate.”

Nuclear reaction: Report shows trucking companies ‘under siege’ by costly lawsuits

WASHINGTON — A report  from the U.S. Chamber of Commerce’s Institute for Legal Reform says the trucking industry is under siege by litigation. High-dollar verdicts in trucking accident cases — often referred to as nuclear verdicts — accelerated in size starting in the 2000s but have skyrocketed over the past decade, despite a decreased rate of serious trucking crashes over that time frame, according to the report. “Moreover, with the inflation of verdicts and settlements, the search for deep pockets is expanding and the circle of potential defendants is widening,” the report states. “This paper documents the dramatic increase in trucking accident litigation awards across the board, including an analysis of recent verdicts and settlements to document the continuing trend.” A review of 154 trucking litigation verdicts and settlements from June 2020 through April 2023 reveals a mean plaintiffs’ award of $27,507,334 and a median award of $759,875. For settlements, the mean award was $10,608,219, and the median award was $210,000. Although the means are driven up by a handful of extreme verdicts and settlements, trucking companies and insurers alike must account for these significant risks. The paper then discusses the impact of these inflated verdicts on the industry, consumers and the economy. The most recent nuclear verdict came down just this month when an Indiana jury awarded a couple $44 million stemming from a 2016 accident that caused serious injuries to Cynthia Kroft. According to court documents, Kroft suffered a spinal cord injury after her vehicle was hit from behind by a semi truck driven by Pedrag Radisavljevic for Viper Trans Inc. According to the court, Viper, along with PR Rentals Inc., admitted negligence in the case but questioned the extent of Kroft’s injuries. The companies challenged a 2021 verdict that awarded the couple $43.5 million. During the recent retrial on July 14, the second jury added $500,000 to the initial settlement. “We much appreciate the jury’s service and are very grateful to Judge Joan Powell, who worked tirelessly to give the parties a very fair and efficient trial,” said attorney Kenneth J. Allen, who represented Kroft. “The Krofts are an amazing couple, and the jury’s verdict recognizes the enormity of their loss — although no amount of money is sufficient to compensate them for what they’ve been through.” No response was received to messages left by The Trucker requesting comment from Kevin Schifrel, Radisavljevic’s attorney. Turning back to the research: The findings explore various factors driving the litigation trend, most of which are tactical litigation tools that drive up verdicts. These tactics include: Medical referral networks and inflated billing practices. “Reptile” courtroom tactics by plaintiffs’ lawyers. Reptile tactics can be used to present evidence alleging a trucking company’s negligence despite the company admitting responsibility for the driver’s negligence, if any. By doing so, the jury may “assess the (trucking company’s) liability twice or award duplicative damages to the plaintiff.” A widening circle of defendants to reach deeper pockets. An ambitious and exploitable standard of care for trucking operations. The paper then notes the most problematic jurisdictions across the country for trucking litigation. Some jurisdictions are notoriously worse than others, making solutions ever more critical for the consumers in those jurisdictions. After examining these trends and the factors behind them, the paper concludes by offering a number of solutions that could help prevent the unreasonable inflation of trucking industry verdicts and settlements, while at the same time preserving a civil justice system that effectively provides for prompt, just and reasonable compensation for those involved in trucking accidents. These solutions, according to the report, would: Require transparency in claiming medical damages. Legislation should limit medical damages to reasonable and customary amounts actually paid instead of inflated amounts billed. State legislatures or courts should ensure evidence of referral relationships indicating bias or conflict of interest is disclosed and available to juries. Law enforcement and professional ethics regulatory bodies should take a more active role in prosecuting fraud or unethical behavior, respectively. Prohibit the presentation of inflammatory arguments if a defendant trucking firm stipulates responsibility for a driver’s negligence. To ensure awards are tied to reasonable compensation, policymakers and judges should ensure that evidence and arguments intended to inflate the verdicts do not get presented to the jury. Courts and legislatures should generally prohibit the presentation of evidence on derivative theories of negligence where a trucking company has stipulated responsibility for its driver’s negligence, if any. Allowing such evidence inflames juries and promotes an additional, duplicative assessment of fault against a company. Create reasonable caps on non-economic damages. Non-economic damages, e.g., compensation for pain and suffering, are admittedly difficult to quantify but are an increasingly large portion of verdicts and settlements than more objective damages, like medical expenses for treatment. Prohibit the practice of “anchoring.” Courts should ensure non-economic damages are supported by evidence and not arbitrarily chosen. Judges (and state legislatures if judges fail to) should prohibit unsubstantiated anchoring, where an award suggestion is argued without evidence simply to plant the number in the jury’s minds. Permit evidence of non-use of seat belts by plaintiffs in damages calculations. The duty to mitigate damages has long been a component of the common law of torts. With seat belt use mandatory in 49 states, states that do not currently permit evidence of the non-use of seat belts in damages calculations should do so. The goals of a properly functioning civil justice system are not advanced by compensating for serious injuries that may have been avoided or mitigated by compliance with a seat belt law. Clarify the standard of care for motor carrier selection and failure-to-equip claims. Policymakers and judges should defer to federal agencies with a safety remit in deciding whether contracting with a motor carrier is reasonable or whether a truck is properly equipped. Ultimately, the report notes, “A multi-pronged effort is necessary to address the negative impacts of … actions while still providing compensation for reasonably incurred and medically appropriate care. “The trucking industry strives for safe performance, but accidents that are the fault of the trucking company, although infrequent, do happen,” the report continues. “In those instances, the civil justice system should work to efficiently provide a reasonable compensatory award.” Doug Marcello, an attorney who specializes in defending big rig drivers and trucking companies following accidents, believes fleets should be more willing to try cases. “The looming specter of a nuclear verdict has created a fear to take cases to trial,” he said. “Statistically, even before this nuclear era, only 5-10% of lawsuits were decided by trial. I believe it is even less now.” Marcello noted that “trial trepidation” often happens out of fear that a nuclear verdict could bankrupt a company. “Are trials a risk? To an extent, yes,” he said. “Should all cases go to trial? Not necessarily. But must all cases settle before trial? Absolutely not. Doing so will send a message that you will cave, no matter how outrageous the demand. And, as we know, word gets around.”

A matter of focus: Trucking research group releases list of top priorities for 2023

Earlier this year the American Transportation Research Institute (ATRI) released its top research priorities for 2023. The final list, compiled by ATRI’s Research Advisory Committee (RAC) was approved by the board of directors, led by ATRI Chairman Derek Leathers of Werner Enterprises, in early May. The Top 5 priorities were announced during ATRI’s mid-year meeting in June. ATRI describes the list as “a diverse set of research priorities designed to address some of the industry’s most critical issues.” These priorities include the following. Expanding truck parking at public rest areas The lack of available truck parking is perennially ranked by drivers as a top concern, ATRI noted. This research will examine the needs of truck drivers. In addition, the group will develop best practice case studies and use data provided by drivers to identify strategies for expanding truck parking capacity available at public rest areas. Several states have already made strides in creating truck parking at public rest areas. Earlier this year, The Missouri Department of Transportation (MoDOT) permanently closed the southbound Platte County Interstate 29 (Dearborn) and Clinton County Interstate 35 (Lathrop) rest areas as work began to convert the facilities to commercial vehicle parking. As part of the project, the current rest area buildings will be removed, additional truck parking will be added, and vault toilets will be installed, a MoDOT news release noted. MoDOT has contracted with Emery, Sapp & Sons on the $3.8 million project, which is expected to be completed by the end of October this year. Identifying barriers to entry for female truck drivers According to ATRI, women comprise less than 10% of the truck driver workforce, despite research showing that female drivers are generally safer than their male counterparts. This research will identify gender issues and proactive steps the industry can take to make truck driving careers more appealing to women. Already, organizations such as the Women in Trucking Association (WIT) are working to help address these concerns. “The Women In Trucking Association is dedicated to encouraging companies to create a safer work environment for women in our industry,” said Ellen Voie, founder of WIT. In a 2022 white paper titled “Addressing Gender Bias and Harassment in the Trucking Industry,” WIT reported that, while a majority of poll respondents (55%) said that the trucking industry overall is safe for women, many have experienced verbally offensive comments or verbal threats within the last five years. Complete Streets impact on freight mobility The U.S. Department of Transportation’s Complete Streets program is designed to make transportation accessible for all users, including pedestrians, bicyclists, and transit riders. However, according to ATRI, planning decisions to deploy complete streets often negatively impact freight transportation and those who rely on truck-delivered goods. This study will quantify these impacts and recommend approaches for transportation planners to streamline freight movement. While U.S. Secretary of Transportation Pete Buttigieg hasn’t directly addressed how the Complete Streets program might affect the freight industry, he and the Biden administration have pledged their support to the trucking industry and its many concerns. “For all of those whose workplace is infrastructure, roads, bridges, highway interchanges, and more that we’re working on right now, we’re working to make that a better workplace with funding levels not seen since the interstate highway system was created in the first place,” Buttigieg said at the American Trucking Associations’ Management Conference & Exhibition last fall. “I want to express my optimism on everything that we can deliver together. My hope is that we will be looking back on the 2020s as a period when trucking modernized its future while staying true to its finest traditions.” Examining the diesel technician shortage Industry analysts cite the trucking industry’s challenges in recruiting and retaining technicians as being just as critical as the driver shortage. Researchers will work with government entities and industry members to identify the factors underlying the shortage, including mapping career attributes to workforce needs and assessing high school-level vocational training availability, industry recruitment practices, and competing career opportunities. “The ongoing shortage of diesel technicians continues, and I believe worsened during COVID, and hasn’t recovered from the loss of technicians during that time,” said Brian Gast, vice president and divisional CFO for JLE Industries. “We operate in a ‘small pond’ in Dunbar (Pennsylvania) where our shop is located, so we may be more affected than others when looking to expand our team,” he continued. JLE depends on relationships with a network of partner dealerships throughout the Northeastern U.S. Technology plays a role in solving the issue as well. “At JLE, we like to think of ourselves as a technology company that operates trucks, so we have spent a good bit of time implementing technology in the maintenance arena that ties into our operating software,” Gast explained. “Our maintenance and dispatch software talk with each other, so that our dispatch team always knows where their unit stands in the repair process, what repairs are needed, and when they can begin to plan the next load or make the truck available so the driver can plan a load for themselves in order to maximize utilization,” he added. The cost of driver detention Truck drivers and motor carriers consistently rank driver detention at customer facilities as a top industry concern. This research, supported by shipper groups, will include quantitative data collection to identify detention impacts, costs, and strategies for minimizing detention. “The problem in solving the detention time crisis … that’s a great question,” said David Heller, senior vice president of safety and government affairs for the Truckload Carriers Association (TCA). “I don’t necessarily have a firm answer. I can tell you how to fix it, but I can’t tell you why it’s not fixed.” Communication among carriers, drivers, shippers, and receivers and already available data are two possibilities, he said. “Plain and simple, what’s wrong with this issue is that drivers are being held up, thus affecting their opportunities to be productive,” Heller noted. Just look at the math, he said: “As an industry that averages six-and-a-half hours of drive time per day out of the 11 hours that were federally regulated, that is a problem,” said Heller. “We’re leaving at least four and a half hours of drive time on the table, to say nothing about the fact that drivers — of that six and a half hours of drive time — are looking for parking for between 56 minutes to an hour — not actively moving the freight, but looking for safe, secure truck parking. “I wish it was as simple as picking two priorities and saying that these priorities will bring the greatest amount of benefit to the industry,” Heller added. “Just like one of our engines, every component performs a critical function. If any component fails, then the entire engine can be compromised.” Dave Williams, TCA chairman, notes that, while the above list of topics may be a good start, there are many more that need attention. Williams believes that the trucking industry must “be prepared to make meaningful progress across several fronts.” He doesn’t necessarily agree with ATRI’s prioritization of topics, citing issues such as making truck driving a more appealing career, improving roadway safety for drivers, helping motor carriers improve their ROIs, and more. This article originally appeared in the July/August 2023 edition of Truckload Authority, the official publication of the Truckload Carriers Association.

Debate continues as FMCSA plans to enact speed limiter rule for CMVs

Many in the trucking industry are waiting with bated breath for the Federal Motor Carrier Safety Administration’s (FMCSA) final ruling on speed limiters for commercial big rigs. The comment period on the speed limiter proposal ended in July 2022 with more than 15,000 respondents — most opposed to the measure. However, the FMCSA is moving forward with the rule, and it could be finalized as early as this summer, according to the Unified Regulatory Agenda. The Truckload Carriers Association (TCA) has spoken out in favor of speed limiters, publishing this stance 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.” TCA recently sent a survey about the speed limiter issue to carrier members in its Regulatory Policy Committee, Advocacy Advisory Committee, and 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 responding shared that they do currently use speed limiters, and that the devices are set anywhere from 62 to 72 mph; the majority of these fleets said they set the limiters within the upper 60s. The majority of respondents to TCA’s survey said they are comfortable with a 2003 model year requirement (the year floated in the list of questions provided by FMCSA for the comment period). The American Trucking Associations (ATA) has also spoken out in support of speed limiters. According to an ATA statement, the group supports the use of tamper-proof electronic governors, or limiters, on heavy trucks that were manufactured after 1992 and are used in commerce. The association has also opined that the U.S. Department of Transportation should conduct a recurring five-year review of speed-governing regulations to ensure the regulations are appropriate and consistent with currently deployed technologies. “We put safety first,” said Chris Spear, ATA’s president and CEO. “We deploy the best technology to help save lives. In short, we care about the motoring public, and we feel our position on a speed limiter rule is based on data, not baseless rhetoric. Driving as fast as you can as long as you like kicks safety to the curb. It’s irresponsible. Safety is a winning issue, and ATA enjoys winning. This issue is no exception.” Meanwhile, a Republican congressman from Oklahoma has introduced new legislation that would prevent speed limiters from being required. Rep. Josh Brecheen introduced the Deregulating Restrictions on Interstate Vehicles and Eighteen-Wheelers (DRIVE) Act on May 2. In a news release, Brecheen said the speed limiter mandate “would negatively impact both the agricultural and trucking industries and include vehicles like semi-trucks, livestock trailer/truck combos, grain trucks, and other large commercial vehicles.” He described the mandate as an “overreach by the Biden administration.” Brecheen is no stranger to the trucking industry. “I know from experience, driving a semi while hauling equipment and years spent hauling livestock, that the flow of traffic set by state law is critical for safety instead of an arbitrary one-size-fits-all speed limit imposed by some bureaucrat sitting at his desk in Washington, D.C.,” he said. “This rule will add one more needless burden, and Congress must stop it. For example, if a rancher is transporting cattle in a trailer across state lines, under this rule, the federal government would require a speed limiter device when above 26,000 pounds. Out-of-control bureaucrats are trying to impose ridiculous regulations on Americans who are trying to make ends meet.” FMCSA’s proposed rule to require speed limiters on commercial vehicles with a gross weight over 26,000 pounds will add extra transportation costs to the private sector and make roads less safe, Brecheen contends, noting that one study found that “the frequency of interactions by a vehicle traveling 10 mph below the posted speed limit was found to be 227% higher than a vehicle moving at traffic speed.” The FMCSA has not set a maximum speed at this time. Groups in support of Brecheen’s legislation include the Owner-Operator Independent Drivers Association (OOIDA), the American Farm Bureau Federation, the National Cattlemen’s Beef Association, the U.S. Cattlemen’s Association, the Western States Trucking Association, the Livestock Marketing Association, the National Association of Small Trucking Companies (NASTC), and the Towing and Recovery Association of America. “The physics is straightforward: Limiting trucks to speeds below the flow of traffic increases interactions between vehicles and leads to more crashes,” said OOIDA President Todd Spencer. “OOIDA and our 150,000 members in small business trucking across America thank Congressman Brecheen for his leadership in keeping our roadways safe for truckers and for all road users.” NASTC President David Owen also spoke out for the DRIVE Act. “Mandating speed limiters on commercial vehicles would increase speed differentials between cars and trucks, increase traffic density, and increase impatience and risky driving by those behind a plodding truck,” Owen said. “Mandatory speed limiters would likely cost more lives and cause more accidents and injuries. NASTC commends the DRIVE Act for stopping a predictable regulatory disaster.” As companies, individuals, and organizations on both sides argue their cases, the wheels of government continue to grind — well below the posted “speed limit.” This article originally appeared in the July/August 2023 edition of Truckload Authority, the official publication of the Truckload Carriers Association.

In a holding pattern: Trucking industry awaits final decision on EPA emissions regulations

The U.S. Environmental Protection Agency (EPA) is proposing a new and stronger set of greenhouse gas standards for heavy-duty vehicles for model years 2027 through 2032, building from the “Phase 2” greenhouse gas standards established in 2016. Earlier, in December 2022 the EPA finalized its new national clean air standards to cut smog- and soot-forming emissions from new heavy-duty trucks beginning with model year 2027. That action was the first under EPA’s three-stage Clean Trucks Plan. According to the EPA, the newest “Phase 3” greenhouse gas standards “would significantly reduce carbon emissions from heavy-duty vehicles and, through the increased use of zero-emission vehicle technology projected in the proposal, would also reduce emissions of smog and soot-forming pollutants and help to address the challenges of global climate change and air pollution in communities near major roadways.” The requirements — and time frame — have been met with resistance from many. In May, the House approved a measure that would cancel a part of the EPA’s Clean Trucks Plan that went into effect in March. The Senate had previously voted to overturn the rule in April. At the time of this writing, the legislation is on its way to the desk of President Joe Biden. The White House has said the president will veto it. To override a presidential veto would require a two-thirds vote in both the House and Senate. Texas Republican Rep. Troy E. Nehls, who introduced the resolution, called the EPA’s rule on buttoning up large commercial truck emissions “yet another example of burdensome federal regulation” that “would unfairly target the trucking industry and pass costs for the American consumer and small businesses, all in the name of the Biden administration’s ‘woke’ climate-change agenda.” Truckload Carriers Association (TCA) President Jim Ward has said the association and numerous other trucking groups “have cautioned the EPA against enacting this rule because it outpaces available technology and would worsen an already-tight equipment market.” The TCA is concerned the new emissions standards for heavy-duty trucks will limit equipment options for carriers Ward says, as well as worsen environmental outcomes in the long run by raising prices and, in effect, disincentivizing fleet turnover, which is key to reducing emissions in trucking. “TCA maintains that a more comprehensive strategy is needed to guide fleet advancements, that realistically accounts for ongoing equipment shortages and price increases, and encourages solution-maximizing technology, without restricting equipment options prematurely,” Ward said. Addressing the Arkansas Trucking Association on May 17, Chris Spear, president and CEO of the American Trucking Associations, said the trucking industry needs to speak out against the new EPA rules. He contends the trucking industry and the associations that serve it have already made great strides in helping to reduce emissions on diesel engines. “For 40 years, we have worked hand-in-glove with the SmartWay program with the EPA. We have recognized carriers that have kept up with the latest environmentally friendly equipment,” Spear said, adding that the industry has “been through the process to ensure equipment on the market can withstand the pressures that drivers put them through and still deliver reductions for the environment.” According to Spear, truck manufacturers have, in the past four decades, reduced harmful emissions from big rigs by 98.5%. It would take 60 modern Class 8 trucks, he said, to match the emissions produced by a single rig back in 1988. The EPA estimated the technology required to meet the new rule’s standards will cost between $2,568 and $8,304 per vehicle. The American Truck Dealers Association estimates it is more likely a $42,000 increase per truck. In total, the EPA projects the associated costs of this new regulation on the country. In addition to tractors, including day cabs and sleepers, the proposed Phase 3 rulemaking applies to heavy-duty vocational vehicles, such as delivery trucks, refuse haulers, public utility trucks, and transit, shuttle, and school buses. The proposed program revises standards for model year 2027 vehicles to be more stringent than the existing Phase 2 greenhouse gas standards. It also introduces new standards that become more stringent every model year from 2028 through 2032. For sleeper cab tractors, the proposed Phase 3 program introduces new standards in model year 2030 that increase in stringency in model years 2031 and 2032. According to the EPA, the Phase 3 program “maintains the flexible structure created in the Phase 2 greenhouse gas program, which is effectively designed to reflect the diverse nature of the heavy-duty industry.” Under that structure, the proposed standards do not mandate the use of a specific technology. Internal combustion engine and zero-emission vehicle (ZEV) technologies are both expected to play important roles in reducing greenhouse gas emissions. The proposed standards are performance-based, allowing each manufacturer to choose what set of emissions control technologies is best suited for their vehicle fleet to meet the standards. EPA projects that one potential pathway for the industry to meet the proposed standards would be through: 50%: ZEVs for vocational vehicles in model year 2032, which includes the use of battery electric and fuel cell technologies. 34%: ZEVs for day cab tractors in model year 2032, which includes the use of battery electric and fuel cell technologies. 25%: ZEVs for sleeper cab tractors in model year 2032, which primarily includes the use of fuel cell technologies. “Greenhouse gas emissions have significant impacts on public health and welfare,” EPA officials said, noting that “transportation is the single largest U.S. source of greenhouse gas emissions, making up 27% of total greenhouse gas emissions.” Within the transportation sector, heavy-duty vehicles are the second largest contributor, at 25% of all transportation sources. The proposed Phase 3 program is expected to increase the adoption of zero-emission heavy-duty vehicles, which the EPA says would reduce emissions of smog and soot forming pollutants by 650 tons of particulate matter, 72,000 tons of nitrogen oxides, and 21,000 tons of volatile organic compounds, compared to 2055 levels without the proposal. The EPA estimates the total benefits of the proposed Phase 3 standards will far exceed the total cost by as much as $320 billion. “Society would realize approximately $87 billion in climate benefits and up to $29 billion in benefits from fewer premature death and serious health effects such as hospital admissions due to respiratory and cardiovascular illnesses, along with approximately $12 billion in reduced reliance on oil imports,” noted a statement issued by the EPA. In the meantime, trucking industry stakeholders are stuck in a holding pattern. This article originally appeared in the July/August 2023 edition of Truckload Authority, the official publication of the Truckload Carriers Association.

A voice for the industry with Dave Williams

As Dave Williams enters his second quarter as chairman of the Truckload Carriers Association (TCA), he’s continuing the organization’s focus on providing valuable resources for its members, from enhanced educational offerings to amplifying the “voice of truckload” on Capitol Hill. This year’s Safety & Security meeting is one for the record books and the Refrigerated meeting is just around the corner; Williams says both events have been redesigned to better help carriers catch up on regulations and trends. Looking forward, TCA members are encouraged to participate in September’s Call on Washington and place issues vital to trucking directly on the desks of their legislators. There are many topics of note, from the feasibility (or non-feasibility) of the Environmental Protection Agency’s zero-emissions deadlines for big rigs to AB5-type attacks on trucking’s independent contractor model, a shortage of truck parking, the prevalence of lawsuit abuse and nuclear verdicts, and more. Read on to discover Williams’ thoughts on the state of trucking in general, plans for the future of TCA, and ideas for meeting the industry’s day-to-day challenges. Congratulations on completing your first quarter as chairman of the Truckload Carriers Association (TCA). What goals do you have for TCA in the next two to three months? We have some really good things going on right now. We are working toward getting the entire organization hyper-focused around creating value for TCA members. We are focused on developing ways to improve the driving job, to improve roadway safety, to improve motor carrier financial sustainability, to shape the industry’s environmental stewardship efforts, and to improve the industry’s image. We are also developing several new value opportunities. Over the next couple of weeks, we will be meeting with two new subject-based benchmarking groups to see how we can help member fleets improve in equipment maintenance and safety management. Many fleets have expressed a high degree of interest in getting their safety and maintenance personnel more connected so that they can learn from the experiences of others. More to come! In June, TCA hosted the 2023 Safety & Security Division Meeting in San Antonio, Texas, and the 2023 Refrigerated Meeting is scheduled for July. How do events like these benefit TCA members? The Safety & Security and Refrigerated Meetings have both recently experienced significant makeovers, so if you haven’t gone in a while, I would encourage you to attend. As part of our focus on value, the leadership teams from both of these groups have been challenged to continue raising the bar in presenting the highest quality educational content. These meetings provide an excellent opportunity to get educated on the latest regulations, to catch up on the latest trends, to share best practices, and to really get a chance to interact with some of the best subject matter experts and suppliers in the industry. You won’t want to miss out. September is just around the corner. In addition to the association’s Fall Business meetings, members are encouraged to take part in the annual Call on Washington, D.C. What issues do you see at the top of the agenda? The beauty of TCA’s Call on Washington is that TCA members can discuss the issues that are top of THEIR agenda. There is no script. These meetings provide a chance for TCA members to get in front of policymakers and help members of Congress understand what keeps them up at night. If you’re not comfortable sharing a concern specific to your own business, there are plenty of general industry topics to talk about — truck parking, abolishing the Federal Excise Tax, the realities of zero-emissions tractors, lawsuit abuse, nuclear verdicts, predatory towing, the attack on the independent contractor model … the list goes on and on. There are some really important issues that impact our businesses every day. Most members of Congress don’t fully understand how important these issues are. The Call on Washington is one of the best opportunities to step up and inform them. In the May/June 2023 edition of Truckload Authority, you mentioned that it’s vital that the trucking industry look beyond “next week” and “next year,” and focus on more long-term goals for the next few years and even decades. Please share some of your long-term industry goals. The truckload industry is often its own worst enemy. Short-term thinking has historically led us into deep and vicious economic cycles. The “make hay while we can, before we run off a cliff” mentality is dangerous for a business that is trying to build a reasonable balance sheet. One of my long-term goals is to get stakeholders in this industry to think differently about their businesses. A great step in that direction is to get business leaders to understand truckload cycles. What causes truckload cycles? Can the industry mitigate the magnitude or duration of a cycle? Can a business predict the beginning or the end of a cycle? Should a business act differently if it knows a cycle is beginning or ending? Should a fleet have a portion of their tractors paid off to more effectively adapt to a down cycle? The answer to each of these questions within reason is yes. It takes a lot of work. But knowing more about what makes the tide rise and fall is very powerful and enabling for a business. I liken this to the role of a quarterback: If the quarterback is only looking downfield, then the quarterback is likely to get pummeled. If the quarterback is only trying to avoid getting sacked and never looks downfield, then we never make progress. We need to be good at both. One ongoing debate involves requiring speed limiters on big rigs; however, the top allowable speed has yet to be determined. Both TCA and the American Trucking Associations have spoken out in favor of such legislation. How do you believe speed limiters will help the industry? Please share any thoughts on how a speed cap should be determined, and by whom. First of all, let’s be transparent and recognize that this issue does not enjoy unanimous support across our industry. We can disagree and still be friends. To me, this is about the long game. In the long game, our industry has to be safer. We can proactively take steps to get safer, or we can wait until the government tells us what we have to do. In this case, much of the industry has already voluntarily moved to reasonable governed speeds, which is a form of speed limiter. Some will argue that highway speed differentials are a problem, and I would agree that there are some legitimate concerns, but we have that issue today with the fleets that have governed speeds. There are trade-offs in everything we do. In my opinion, the laws of physics rule the day here. When you operate an 80,000-pound tractor-trailer combination, additional speed equates to additional risk — substantial risk. With nuclear verdicts looming as a threat to shut down a business after just one accident, we have to control what we can control. We can’t control the behavior of four-wheelers, but we CAN control what we do and how fast we drive. If a fleet feels like it needs to run fast in order to hire drivers, or to meet customer demands, or to meet productivity goals, then I would say that the odds are not in favor of that fleet surviving in the long run. I would estimate that the majority of TCA member fleets operate at or under the 65 to 70 mph speed range that has been discussed as part of the proposed rule. These fleets are not only likely to be safer, but they will also experience the benefits of better fuel economy, as well as improved ESG metrics. Another hot topic is the Environmental Protection Agency’s push for zero-emissions vehicles in all sectors. Aside from charging facilities and range being issues for heavy-duty trucks, what other challenges do these requirements mean for motor carriers? As I have stated before, we want to do our part as responsible environmental stewards. We have a responsibility to be part of the solution. The problem is that many of the policymakers are not addressing industry concerns. Electric tractors likely have a future in our industry but are currently facing real-world issues, including significant range limitations, excessive vehicle weights, very high acquisition costs, higher-than-expected operating costs, excessively long lead times for charging equipment, and an underpowered electrical grid. Each of these issues will see improvement over the course of time, but policymakers have decided to force an accelerated timeline that doesn’t allow for the maturing of the technology. It’s become a matter of partisan politics, which is now producing unbalanced — even unreasonable — demands on our fleets. Hydrogen-powered solutions also hold promise but are likewise seeing significant early development challenges. I don’t want to be dramatic, but the current path is leading us towards a financial and operational wreck. We need policymakers to retool the rules to fit technologies that actually work today and allow future technologies to naturally mature. As for the myriad of recent California rules, that is a can of worms that we don’t have space to cover right now. Compliance with a rule should be achievable, it should apply to all equally, and it should be easy to understand. I believe they missed badly on this one. One of the stories in this edition of Truckload Authority (click here to read) touches on ways carriers can attract — and retain — safe, reliable drivers. While many offer sign-on bonuses or guaranteed weekly pay or home time to pull in new hires, how can carriers work to reduce driver turnover? After 31 years in this industry, I can safely say that I still have a lot to learn. Driver hiring and retention is one area that few have mastered, and a place where we all still have a lot to learn. I have seen a significant number of strategies to attract and retain drivers deployed in one way or another. Some strategies come across as very gimmicky, while others are more innovative. In the end, this is a “people business,” and each fleet needs to find a way to provide meaningful personal connections with their drivers … easier said than done. This involves creating a culture that goes beyond words. Surprisingly to some, I believe that it involves setting high expectations and holding people accountable to those expectations. It involves providing well-maintained equipment, favorable working conditions, consistent work opportunities, good benefits, and competitive pay. It involves building relationships and having healthy lines of communication to work through issues. It’s a balance of all of these efforts. No fleet does all of these things perfectly, but if, as an industry, we can focus on making progress related to each of these efforts, then we have a shot at making the driving job more attractive than other options that high-quality workers may have. I wish there was a silver bullet, but it is a lot of hard work. The American Transportation Research Institute (ATRI) has selected five topics on which to focus in 2023, including expanding truck parking at public rest areas, identifying barriers to entry for female truck drivers, complete streets impact on freight mobility, the diesel technician shortage, and the cost of driver detention. Of these five, which two do you see as the most critical to the trucking industry, and why? I wish it was as simple as picking two priorities and saying that these priorities will bring the greatest amount of benefit to the industry. Just like a truck’s engine, every component performs a critical function. If any component fails, then the entire engine can be compromised. As an industry and as an association, we have to be prepared to make meaningful progress across several fronts. If I were to pick critical areas, my list would certainly complement the areas you have mentioned — but might look a little different. In fact, these may sound familiar! I would pick: Improve the driving job and make it a more attractive job for all high-quality workers. Improve roadway safety through technology and by adopting effective best practices focused on reducing accidents. Improve motor carrier financial sustainability by educating carriers on proper returns on investment and by advocating for favorable tax policies and regulations. Shape the industry’s environmental stewardship by educating policymakers on the huge progress we have already made and then implementing reasonable real-world solutions going forward. Improve the industry’s image by highlighting the many things that the truckload industry does to support communities and keep America’s supply chain strong. I know this is a bit of a repeat from what I said earlier, but these are the things I would see as most critical. Within each of these five broader areas, there are a number of more specific challenges captured in the ATRI report that need to be addressed — including truck parking, barriers for female drivers, diesel technician shortages, and driver detention, just to name a few. Finally, what thoughts would you like to share with TCA members about the issues facing the trucking industry? The truckload industry is full of great people — smart people, who want to make a difference. We need more of this industry’s leaders to engage on these issues to help shape what this industry looks like for the next generation. There is no questioning the essentiality and critical nature of what we do for the economy. We just need to find more effective ways to move the needle. Thank you for your time, Mr. Chairman — and have a wonderful summer. This article originally appeared in the July/August 2023 edition of Truckload Authority, the official publication of the Truckload Carriers Association.

Survey says: Online poll reveals truckers’ experiences with unsafe driving

Truck drivers spend countless hours behind the wheels of their rigs each year, traveling millions of miles across the nation. During their journeys, they encounter all kinds of drivers — the good, the bad and the downright dangerous. A recent survey conducted by insurtech firm Cover Whale and The Trucker Media Group asked drivers about roadway safety and their experiences while out on the job. More than 1,000 drivers — 1,047, to be exact — participated in the survey. The majority (79%) of drivers who responded to the survey said they see unsafe driving by passenger vehicles on a “very regular basis.” Meanwhile, 42% reported that they see unsafe driving by other truck drivers on a “very regular basis.” A total of 34% of truck drivers revealed that they must often take evasive action to avoid an accident, and 17% of truck drivers said they see an accident “on a very regular basis.” Forty-six percent of truck drivers surveyed cited unexpected lane changes as an action most likely to result in an accident. Perhaps most revealing about respondents’ confidence in the legal system is that 43% of respondents indicated they are “not at all confident” that blame would be accurately assigned following an accident if there is no video evidence. The seven-question survey was conducted between March 22 and April 30, 2023. Most (90.78%) of the drivers participating in the survey were male; 9.23% were female. Dan Abrahamsen, founder and CEO of Cover Whale, told The Trucker that accidents involving big rigs are often not the fault of the truck driver; however, the drivers are usually found guilty if the case goes to court. “That happens a majority of time,” Abrahamsen said. “From an insurance standpoint, passenger vehicle (drivers) are not being held accountable by insurance companies. Truckers pay for it … insurance for commercial auto and trucking has risen in cost every quarter over the past decade.” Abrahamsen says distracted driving is one of the main reasons for accidents. “The problem isn’t new, but with smartphones, messaging services and apps, a lot of (accidents are cause by) distracted driving from people in their personal automobiles,” he said. Cover Whale offers trucking industry clients multiple tips to stay out of accidents — and to stay out of the courtroom if an accident does take place. Abrahamsen says in-cab cameras can be a helpful tool in preventing accidents as well as insurance fraud on the part of other drivers. For one thing, dash cams can help identify unsafe driving behaviors that are known to cause more accidents, he said. Additionally, dash cams provide opportunities for driver coaching by identifying unsafe habits and correcting them. Most importantly at the time of an incident, cameras can capture footage before, during and after the event, helping to prove which driver was at fault. Concerns about invasion of privacy are often expressed by drivers operating with dash cams, particularly inward-facing ones, Abrahamsen noted. “We give drivers a sense of comfort with what a cam does and what it doesn’t do,” he said. “What it’s good at is NOT sending us video feed we don’t want. We don’t need to look at vids of drivers doing their job. What it CAN do is, with an artificial intelligence component, it can help (detect) drowsy driving, distracted driving, drivers asleep at wheel.” There are many ways to address driver privacy concerns, according to Cover Whale. A good place to start is to distinguish between event-based recording and continuous recording, the company’s website notes. Event-based recording only captures footage when specific events or incidents occur, such as sudden braking, swerving or a collision. The event-based approach ensures that only safety-related incidents are recorded, offering a more privacy-conscious solution. In contrast, continuous recording cameras capture footage during the entire time the vehicle is in operation. It also helps to discuss with drivers the way the data is siloed. For instance, insurance companies that require dash cams are primarily focused on promoting road safety and reducing losses — not keeping tabs on drivers’ personal lives. The main objective is to lower accident rates and provide affordable policies while respecting drivers’ privacy. One way Cover Whale addresses driver privacy concerns is by disabling any audio capture on the devices. Turning to speed, Abrahamsen discussed the Federal Motor Carrier Safety Administration’s (FMCSA) proposal to require speed limiters on all commercial vehicles for safety. The FMCSA is expected to make a final ruling sometime this summer. Officials have not said what the capped speed should be. Abrahamsen says the issue is a complicated one. “Are we speeding in a location with the flow of traffic? (If so,) that’s probably more safe,” he noted, adding that speed limiters amount to “taking that decision out of truckers’ hands and putting in the form of a speed governor.” Drivers are often resistant to this loss of control. “I can see where drivers may take issue with that. All data and stats show that almost all (truckers) are safe, responsible professional drivers by and large. I don’t think it’s the driver’s speed that needs to be governor. Why is this focused on the truck driver and not other vehicles? Abrahamsen says he believes if drivers and fleet managers want to improve safety, it boils down to these three things: cameras, coaching and coverage. “We just want drivers — and everyone — to be safe while out on the roads,” he concluded. “That’s really what it’s all about.”

Mississippi trucker wins Air-Weigh On-Board Scale giveaway hosted by The Trucker during MATS

When driver and diesel mechanic Chase Haney entered his name into a contest for a free an Air-Weigh On-Board Scale at the Mid-America Trucking Show (MATS) back in late March, he said he sent up a little prayer to win so he could give the scale to his dad, Andy Haney, who is a 30-year trucking veteran. “When I won, I couldn’t believe it. The prayer worked,” Haney told The Trucker from his home in rural Mississippi. The giveaway was a collaboration between Air-Weigh and The Trucker Media Group (TTMG). Those who entered the raffle were asked to complete an online survey about driver safety. “One of the highlights of the year for Air-Weigh is attending MATS, which gives us the opportunity to interact with owner-operators and to get their perspective on trucking related topics that impact their business,” said Steven Dwight, vice president of sales and marketing for Air-Weigh. “Owner-ops are independent thinkers, and an extremely important part of the supply chain,” he continued. Dwight says his company attends MATS each year to gather candid and direct feedback about the Air-Weigh scale systems. “I’ve asked my sales reps to document the unique use cases we hear about from our customer base, and it always comes down to time and money,” Dwight said. “Additional loads, optimized loads, load-and-go without the need for an inground scale, no more overweight fines, and a load once and hit the road mindset,” he added. “We wanted to donate a scale at MATS so we can get one more driver outfitted with a tool they will benefit from. Next year we will add more scales to give away.’ Meg Larcinese, national sales manager for TTMG, says the group’s goal is to serve the trucking industry at all levels, from drivers to the executive suites. “We know how vital drivers are to the nation’s — actually, the world’s — supply chain, and we want to make sure they have the news and information they need to succeed,” she said. “The Air-Weigh onboard scale is a great tool for owner-operators; they can constantly monitor their weight so there are no unpleasant surprises at the scales.” Bobby Ralston, CEO of TTMG, echoed Larcinese’s sentiments regarding the vital role truck drivers play in the world’s supply chain. “We are always happy to enter partnerships that will benefit the driver,” Ralston said. “They are truly the backbone of our nation’s economy, and we couldn’t get along without them. TTMG is here to make sure drivers have the news, information and support they need to function and stay safe on the road.” Back in Mississippi, Chase Haney shared that attending MATS has always been a dream for his dad, a man who taught Haney everything he knows about the trucking business. This year, he decided to make it happen. “I have my CDL, and I can drive them as well as fix them,” he said. “Dad has been trucking for more than 30 years. Trucking has been his life — and mine, too. We could never work it out to get to MATS, but this year, I was determined to get us there.” Andy Haney, who is in a trucking partnership called CMC Transportation, based in Holly Springs, Mississippi, said he had been looking at Air-Weigh scales and was debating on when to buy one. Now, he doesn’t have to, thanks to his son, Air-Weigh and TTMG. “I was very surprised,” said Andy Haney. “I am planning on putting it to good use.”

In the midst of change: FMCSA Administrator Robin Hutcheson discusses industry issues at Truckload 2023: Orlando

When Federal Motor Carrier Safety Administration (FMCSA) Administrator Robin Hutcheson addressed Truckload Carriers Association members at this year’s annual convention, she touched on just about every issue of concern to drivers and industry leaders. She also praised truck drivers for the sacrifices they make while out on the road each day. “What drivers are doing for the American public is extraordinary; they are essential workers. They are keeping America moving every day,” Hutcheson said, noting that vital issues, such as a lack of safe parking, are at the forefront of FMCSA’s concerns. On truck parking, Hutcheson pointed to the Bipartisan Infrastructure Plan, which has made millions of dollars in grant funds available to help states build more safe truck parking sites. “We are pushing hard to progress on this issue,” she said. “We care deeply about truck parking.” According to the American Trucking Associations, more than 98% percent of drivers report problems finding safe parking, burning more than 56 minutes of available drive-time every day to find it. That wasted time amounts to a $5,500 loss in annual compensation — or a 12% pay cut. Hutcheson noted that her boss, Transportation Secretary Pete Buttigieg, has also pledged to make truck parking a priority. Last year, Buttigieg acknowledged during a hearing of the Senate’s Environment and Public Works Committee that a lack of safe truck parking is a serious issue that must be addressed. “If you talk with any truck driver, it’s not only an issue of convenience, it’s an issue of safety,” Buttigieg said during that meeting. “And, I might add, with the idling that goes on, it’s even an issue of emissions.” Switching topics, Hutcheson outlined some of what President Joe Biden’s Trucking Action Plan will entail for the trucking industry. For example, more than $44 million in grants that will enhance road safety and make the process to obtain a CDL more efficient have been made available thanks to the plan, Hutcheson said. Hutcheson added that safety improvements move forward another chief FMCSA goal: Zero highway fatalities. “We made a list of actions that we need to take, and we called you, our partners, into action,” she said. “A safer commercial motor vehicle makes everyone safer. Our work is rooted in safer people and safer speeds and vehicles.” Some of those actions include proposals to require speed limiters and automatic braking technologies in big rigs. A total of 4,965 people died in large-truck crashes in 2020, according to the National Safety Council. The number of deaths decreased 1% from 2019 but is still up 31% since 2011. Statistics show most deaths in large-truck crashes are occupants of other vehicles (71%), followed by truck occupants (17%) and non-occupants, primarily pedestrians and bicyclists (12%). “I can’t think of another place in the modern world where we would accept people dying in the workplace,” Hutcheson said. “Our work toward fulfilling our mission begins with understanding the root cause of unsafe driving. This leads us to the driver.” TCA President Jim Ward, in comments on the speed limiter issue filed in the Federal Register, wrote that he “views the decision to mandate speed limiters as a sensible next step in the ongoing effort to reduce accidents on our roadways and improve safety in the industry.” In addition, “all Class 8 and 7 trucks manufactured after 1992 should utilize secure and reliable devices that limit the maximum speed to 65 mph, or 70 mph if the vehicles are also equipped with adaptive cruise control and automatic emergency braking,” Ward wrote. “The current technology allows motor carriers considerable flexibility when deploying speed limiting devices to accommodate speed differentials among vehicles,” he continued. “In fact, some carriers have established implementation models that tailor flexibility based on job performance and safe driving.” Hutcheson said that while most drivers are safe, it’s time to look at those who cause accidents through unsafe practices, such as driving while tired, intoxicated, or distracted. “We are asking deeper questions about why drivers become unsafe in the first place,” she said. “It’s about going to the headwaters of a problem. We can say it’s because they are speeding — but why were they speeding? Was it because of the hours they have to wait, sitting at the loading dock and not being paid? Were they hurrying to get to their destination? “We can say they are tired, but why are they tired?” she continued. “Did they drive around for hours to find a place to park? Or did they take on extra loads because their carrier doesn’t have enough drivers? If they are distracted, are they not taking breaks so they can catch up with their families, friends, and children? Do they feel unsafe? Have they been harassed, robbed or attacked?” In her speech, Hutcheson also thanked women drivers, who make up only 7% of those piloting big rigs up and down America’s highways. She called these women “trailblazers,” adding, “It’s not easy. We have to make space and opportunity for women to enter and grow in this industry.” Tying her speech back to the TCA, Hutcheson said the association shares “a lot of the same goals” with the FMCSA, noting that “people are so much more acutely aware where their goods come from (today).” “In everyday conversations, when I describe my work, my friends and family are conversing at a level that is right out of trade magazines that we all read every day,” she said, joking that her mom now understands spot rates. “There is such a consciousness about the work that you all do. Let’s take a moment to seize this opportunity. We are in the midst of change.” This article originally appeared in the May/June 2023 edition of Truckload Authority, the official publication of the Truckload Carriers Association.

Finale for the FET? Repealing century-old excise tax would be ‘step forward’ for trucking

A bill has been filed in Congress to appeal the federal excise tax, commonly known as the FET, on the purchase of new big rigs — a move that’s heralded in the trucking industry as a major step forward. The Modern Clean and Safe Trucks Act of 2023 was introduced in both the House and Senate earlier this year by a bipartisan coalition of representatives and senators, led by Reps. Doug LaMalfa (R-CA), Chris Pappas (D-NH), Earl Blumenauer (D-OR), and Darin LaHood (R-IL) in the House, and Sens. Ben Cardin (D-MD) and Todd Young (I-PA) in the Senate. The federal excise tax on purchases of new trucks adds, on average, nearly $25,000 to the cost of new equipment, slowing deployment of safer and more environmentally friendly vehicles, according to trucking industry leaders. It’s a tax that Adam Blanchard, co-founder and CEO of Double Diamond Transport, Inc., describes as “outdated.” “It disproportionately impacts certain segments of industry,” Blanchard said. “There is better way to get funds into the Highway Trust Fund than this tax. It’s difficult, especially at a time, too, when equipment costs have gone up 50% year over year, and when you tack on this tax, it hammers our ability to afford equipment. “Smaller fleets don’t have the same purchasing power as larger fleets,” he continued. “It certainly is a regressive tax that needs to be eliminated.” The FET, enacted more than a century ago, was initially designed to support American troops during World War I. The 12% tax on trucks is the highest-percentage excise tax levied on any product, according to the American Trucking Associations. This added expense acts as an impediment to creating jobs, reducing emissions, and improving highway safety. “The current federal excise tax has become a barrier to our progress in encouraging cleaner and greener technology,” Sen. Cardin said. “I am proud to support tax policy that enables Maryland manufacturers to innovate and deploy cleaner and safer technologies in our trucking industry. Our legislation will spur growth and competitiveness while making our roads safer and less polluted.” Albert Gore, executive director of the Zero Emission Transportation Association, says the tax harms American truckers and fleet operators by inflating the cost of heavy-duty trucks and limiting access to the many economic and public health benefits that come with transportation electrification. “Medium and heavy-duty trucks account for 24% of all transportation carbon emissions in the U.S. but represent only 4% of vehicles on the road,” Gore said. “It is time to accelerate our movement towards modernized transportation fleets, and we must enable our nation’s fleet operators and truckers to join in this effort.” Steve Bassett, immediate past chairman of American Truck Dealers (ATD) and dealer principal of General Truck Sales in Muncie, Indiana, said, “Indiana truck dealers commend Sen. Young for his leadership on this important legislation. Repealing the 106-year-old federal excise tax on heavy-duty trucks helps keep America competitive and is key to turning over an aging truck fleet.” Back in Congress, Pappas said, “As a small business owner, I know just how challenging it can be to operate a business, and every potential saving we can deliver makes a difference. Cutting the federal excise tax on heavy trucks and trailers will help America’s Main Street economy grow, address supply chain challenges and shortages and lower costs for essential items that families need, including groceries and gas.” Pappas further stated that the legislation “will also support the adoption of newer, safer, and cleaner trucks that reduce our dependence on foreign energy. I urge leaders in Congress to take up our bipartisan bill, and act to provide immediate relief to small businesses and consumers alike.” LaMalfa said that regulators want to shift operators from older trucks to newer models — but on the other hand, the tax penalizes them for trying to update their equipment. “Repealing the 12% federal excise tax on heavy trucks and trailers will help all businesses reduce costs, address supply chain challenges and lower costs for essential goods for families, especially in rural areas,” LaMalfa said. “The federal excise tax has outlived its original purpose by more than a century.” LaMalfa said truckers are “an essential cornerstone in our supply chain, yet the tax code disincentivizes them from purchasing the most up-to-date equipment.” “I’m urging Congress to support this common-sense, bipartisan bill and drop the burdensome tax preventing our truck drivers from having the most modern, highest technology, and safest equipment on the road,” LaMalfa concluded. Scott McCandless, chairman of ATD and president of McCandless Truck Center LLC of Aurora, Colorado, notes that nearly half of America’s trucking fleet is over 10 years old. “Repealing the federal excise tax will be a giant step toward achieving our national goal of turning over America’s aging truck fleet,” he said.

Focused on the issues with Dave Williams

During the closing banquet for Truckload 2023: Orlando, Dave Williams officially picked up the reins as chairman of the board for the Truckload Carriers Association (TCA). Williams first entered the trucking industry in college, landing a job in the shop at what was then Knight Transportation. Now, 31 years later, he serves as senior vice president of equipment and government relations for the same carrier, now known as Knight-Swift Transportation. An active member of the TCA for nearly a decade, Williams says he’s excited about the momentum the association is gaining on Capitol Hill and the value it provides to its members. As he accepted the role of chairman on March 7, Williams clearly outlined his goals for TCA as well as the trucking industry as a whole. During this first visit with Williams, the Truckload Authority team quickly discovered that Williams is intently focused on the issues faced by the trucking industry; in addition, he is dedicated to providing value to TCA’s members. Here, he shares his passion for the industry, along with a few of his goals for the coming year.   Congratulations on picking up the reins as the chairman of the Truckload Carriers Association. What does this step mean to you, both personally and professionally? Serving as TCA Chairman is a tremendous responsibility. I feel strongly that each of us has an obligation to give back to the industry, and this is one of my opportunities. Fortunately for me, the TCA staff and the officers group are very strong and won’t let me get too far off track.   What do you see as the most important issue facing the industry today? Truckload is such a wonderful and essential industry. But let’s be honest, it’s not for everyone … it’s a tough industry. It requires a tremendous amount of capital risk, with financial rewards that often don’t coincide with the amount of risk that is taken. That is a problem. I believe that one of our big issues is being able to spend less time locked into survival mode and spend more time understanding the driving factors that make it difficult to succeed in our industry. We should be spending more time asking ourselves what we want this industry to look like in five, 10, or 20 years. We have potentially transformational technologies and regulations that we are going to face over the next couple of years. We really need to make sure we are thinking clearly about our place in the economy and make sure that it works for us.   TCA’s annual convention, Truckload 2023: Orlando, wrapped up just a few weeks ago. How would you describe this year’s event? It was a tremendous success! We have received a lot of positive feedback, and we are so grateful for all that attended. Special thanks to those who helped in any way. It takes an army of volunteers to pull off a good conference. Thank you all. We have really gone to great lengths in recent years to build fresh energy back into the convention by adding new elements, staying relevant with topics, bringing in high-quality learning opportunities, and listening to the feedback from our fleet and allied members. This is an evolutionary process where we hope to adapt to current needs and create a valuable experience for all. Our plan is to build on this year’s success and make it even better next year … no pressure right?!   During your acceptance speech at the closing banquet at Truckload 2023: Orlando, you touched on the main points of your goals for the trucking industry and for TCA. Please explain those for the membership. Throughout much of my career, I would describe our industry as fairly reactive, and a bit resistant to change. When proposals for change came our way, our immediate response was more than likely to fight against them. This is not necessarily a bad thing, considering that many of the proposals weren’t that good! As we fast forward to today, the proposals are coming at us at light speed. We find ourselves under attack from every angle, and we need a new strategy. As part of that new strategy, we have an opportunity to reclaim the narrative and set our own agenda. An industry that ‘proactively polices’ itself can more effectively take the high ground and defend against well-intentioned, but misguided, proposals from outside groups. The key is being forward thinking and rallying around initiatives that will ultimately put the industry in a better position. In my remarks, I recommended creating initiatives around four areas: Improving the driving job. Improving safety. Improving the financial sustainability of trucking companies. Improving our tangible impact on air and water quality. I don’t think anyone in the industry wants bad jobs, more accidents, bankruptcies, or dirty air. These are all things we can agree on…no brainers. I proposed that it’s time to do something about it. We would then ask government agencies to support our goals rather than the other way around. We change the narrative. It starts with defining what we can do in each of those areas to really make an impact. Over the next few months, we are going to begin outlining how we go about getting some of these things done. I am excited and anxious to do this and would invite all who want to play a role in this process to let your voice be heard.   What events and projects are on your calendar for the next three months? My other job with Knight-Swift Transportation is keeping me plenty busy, as we just announced our plan to acquire U.S. Xpress. Outside of that, I plan to spend a significant amount of time working with TCA members and staff on our issues in Washington, D.C. We have started putting together monthly visits for TCA members on Capitol Hill for those who are interested. I would recommend them to everyone, beginners and experts alike. These visits are not only critical in educating policy makers, but they also help TCA members realize how effective their voice can be in shaping policy. I also plan to attend the Safety and Security meetings in San Antonio in June, and the Refrigerated Meeting in July in Park City. No rest for the weary.   As the incoming chairman, what message would you like to share with TCA members who are not actively involved in the association’s educational programs, legislation reform efforts, and other opportunities? For me, getting involved early in my career has been a great blessing. I feel like I have been able to make better decisions on behalf of my company as my understanding of the issues has improved. Behind every regulatory or legislative policy is a business issue or practice. I have worked hard to really dig in and understand how some of these proposed policies will impact our businesses. While I still have a lot to learn, I feel like I have been able to make more balanced decisions that stand the test of scrutiny and time. So, I would encourage members to commit to making the critical investments of time and involvement. The more you invest, the greater the returns within your own business. There is a tremendous amount of value that can be unlocked as a TCA member. If you are unsure how to start, please reach out and let us make a few suggestions.   As many in the industry would agree, there is a shortage of company drivers. In your opinion, how can carriers work to attract and retain qualified drivers? One of the things you will find about me is that I was trained by my mentor, Kevin Knight, to think a little differently. I don’t like the word “shortage.” I have been hearing about the driver “shortage” since I started in the industry in 1992, and it was talked about for at least 10 years prior to that (a total of over 40 years). The law of supply and demand would say that if there is a shortage of something that is in strong demand, the price (driver wages) for that resource goes up until supply and demand are balanced. Until recently, driver wages have generally increased in line with, or even below, inflation. And even more recently, driver wages have stopped rising. If there is a shortage, why would driver wages not continue to increase? Because supply and demand have reached balance. There is something else going on here that we need to look at from a different angle. Part of that discussion involves addressing the pain points that make the driving job less competitive than other options that workers may have. Another part of that discussion involves acknowledging the peaks and valleys of truckload cycles and understanding that demand for drivers is not constant. That will take longer than we have room for in this chat.   Earlier this year, TCA joined a group of industry stakeholders to form the Clean Freight Coalition. What is the group’s ultimate goal, and how can TCA members get involved in the efforts? The Clean Freight Coalition is important because it combines the voices of several large trucking stakeholders in the national debate on energy and climate change. Like it or not, this issue is not going away. Our goal is to help policymakers understand the industry’s strong track record of collaboration in achieving meaningful emissions reductions over the years. We also want to make sure that the transition to a zero or near zero-emissions future is done the right way and doesn’t jeopardize the nation’s supply chain. Recent proposals from policy makers have been far from collaborative. This is a critical time for the industry to ramp up the dialogue on some of the technical challenges associated with zero emissions tractors that we have not been able to solve. This is not about a reluctance to adopt technology, it’s about timing. Much of the proposed technology has not matured enough to be effectively commercialized. Even if we resolve some of the operational issues associated with the weight, range, and cost of the tractors, we still have significant infrastructure issues that loom over us. Rather than trying to take the massive leap to zero-emissions, I think we would be much more successful by implementing intermediate targets and working in stages towards zero-emissions. The current proposals put us on a path where the threat of the industry spending massive amounts of money, and then realizing that we need to backtrack and readjust our national strategy, is very real. That would be a disaster.   In recent years numerous types of safety technology, from automated driver-assistance systems (ADAS) to forward- and driver-facing cameras, rear underride guards, and more have been integrated into most fleets. In your experience, what impact have these measures had on the overall safety of the trucking industry? For most of my career, the safety technology options available on our tractors and trailers were slow to develop, and the choices were few and far between. In the past decade, the number of legitimate options has exploded. This is a huge win for safety, as many of these options improve our drivers’ ability to avoid or minimize the severity of accidents. While driver training will continue to play an important role, many fleets have turned to these emerging technologies to “engineer” accidents out of the system. It is critical that as an industry we do a good job of training our drivers how to interact with these technologies rather than assuming that the technologies will work on their own. Going back to our discussion about our industry being more proactive, this technology will play a critical role in helping us reach the next level of safe operations.   We’ve heard talk of eliminating the federal excise tax (FET) in recent months. If the proposed legislation is passed, what kind of effect will it have on the freight industry as a whole, and on trucking specifically? Federal excise tax was first implemented 100 years ago to help the country pay for World War I. It’s funny how some things start for one reason and then never go away. I think this issue has really come to the forefront as new emissions technologies have seen their already-astronomical costs compounded even further by FET, adding $40,000+ to the cost of some of these zero-emissions tractors. The tax has become a financial obstacle in deploying some safety technologies as well. In addition, the tax is too concentrated on buyers of new equipment, while the benefits of the tax go to all road users via the Highway Trust Fund. By removing the tax, we really hope to create momentum for investing in safety technologies and other emissions reducing technologies as those technologies mature. It’s the right thing to do.   Finally, as you assume the chairmanship, what excites you most about the year ahead? I really feel like the truckload industry is approaching a fork in the road. We have some big decisions to make. I am really excited about facilitating healthy discussions within the TCA membership on how we should approach our future. Finding the right balance between learning from the past and adapting to the future is tricky. We can’t underestimate the need to leverage the hard-earned lessons from the past that have brought great success to our industry. At the same time, if we aren’t willing to adapt, we run the risk of becoming the next Blockbuster Video, MySpace, or travel agency industry. While fashion trends eventually come back in style, business models usually don’t. I have a tremendous amount of confidence in our industry. We are survivors, and together, we will succeed.   Thank you, Mr. Chairman, for your time. We look forward to an exciting year! This article originally appeared in the May/June 2023 edition of Truckload Authority, the official publication of the Truckload Carriers Association.

Autonomous truck company Embark slashes staff by 70%

HOUSTON — Autonomous big rig technology company Embark is laying off 70% of its workforce and will likely be forced to shut down complexly in the coming weeks. Company co-founder Alex Rodrigues made the announcement March 3 in an e-mail to employees. “I am writing to you today with a heavy heart,” the e-mail stated. “The last 9 months have been tough for the autonomous trucking industry, and for Embark — the capital markets have turned their backs on pre-revenue companies, just as slipping manufacturer timelines have delayed the prospect of scaled commercial deployment.” Rodrigues also notes that “we have been working very hard to find a path forward in the face of these challenges, including refining our existing plan, exploring alternative markets and attempting to find a buyer for the company.” However, Rodrigues writes, “after thoroughly evaluating all alternatives, we have been unable to identify a path forward for the business in its current form.” Rodrigues told employees that over the next few weeks, he and other executives at the company will work closely with the Board of Directors to evaluate options, including selling assets, restructuring the company or shutting down completely. “Although there are many external things that we wish had gone differently, ultimately this outcome is my responsibility,” Rodrigues wrote. “In challenging times, it is the whole company’s job to be flexible and optimistic in pursuing a sometimes-changing direction — and it is the job of the CEO to navigate the challenges and make sure those directions ultimately get the team to the other side. You held up your end of that bargain, I was not able to hold up mine — for that I am profoundly sorry.” In November 2022, Embark announced that it had added four new autonomous trucking facilities in the Sunbelt states, including nine transfer point sites in cities across the southern part of the U.S. The company also made headlines in June 2022 after scoring a perfect safety record with the National Highway Traffic Safety Administration. And in February 2022, Embark and Knight-Swift Transportation Holdings Inc. announced the launch of the Truck Transfer Program, which was intended to give Knight-Swift and its drivers direct access to Embark’s technology. Embark will be shutting down its offices in Houston and southern California in the coming days, Rodrigues noted. “I believe that solving autonomous trucking will one day be a huge benefit to society, and while Embark may not be there to see the vision through in its current form, I hope you know that your work made a difference in pushing the industry forward,” Rodrigues wrote in his letter’s closing. “As a leader, founder, coworker, and friend, this is a day I never hoped to see, but I want to say thank you to all of you from the bottom of my heart for being on this journey with me.”

A year for growth: Despite challenges, 2022 saw numerous acquisitions and mergers of note

Mergers and acquisitions, shifting freight markets, and other big business deals related to the trucking industry were anything but boring in 2022. In a January webinar hosted by the Truckload Carriers Association, Davis Looney, director of business development at the Tenney Group, described the year as being more akin to a topsy-turvy market. “If you just read headlines, you have whiplash trying to make sense of it all,” Looney said. “The way we think about 2022 is that it was ‘a tale of two halves.’ (During the first half of the year) it was the Wild West. We saw exploding demand around North America, and a once-in-a-lifetime value for used equipment. Then the tide turned in the second half of 2022.” Looney pointed to the Fed’s creation of seven different interest rate hikes, which “got the attention of debt and capital markets around the world. Then things slowed, and attitudes changed on freight markets.” As a result, he said, many larger deals were put on pause or punted into 2023. However, “there were still a lot of deals done,” he added. Spencer Tenney, president and CEO of the Tenney Group, pointed to Werner as one of the biggest players in 2022 acquisitions. He describes Werner’s move as “symbolic of a much broader trend of rising generation of leaders who don’t see acquisitions as risky growth, they see it as the inverse.” He continued, “If you want to be competitive and, more specifically, if you want to create value for your shareholders, acquisitions must be a part of your growth strategy.” On October 3, 2022, Werner signed a definitive agreement and closed on the acquisition of FAB9 Inc., doing business as Baylor Trucking, Inc. Baylor operates a fleet of 200 trucks — 170 company and 30 independent contractor rigs — and 980 trailers. According to the terms of the agreement, Baylor will operate as a stand-alone business unit within Werner, and their financial results will be reported in Werner’s One-Way Truckload unit within Truckload Transportation Services. Then, on November 7, Werner announced it had acquired 100% of stock in Reed Transport Services, Inc., along with the stock of RTS-TMS, Inc., doing business as ReedTMS Logistics. ReedTMS, founded in 1996 and based in Tampa, Florida, is an asset-light logistics provider and truckload carrier that offers a suite of freight brokerage and truckload solutions, a news release stated. Tenney also pointed to Ascend’s acquisition of Fuchs Trucking as one of the more interesting deals brokered in 2022. “Private equity-backed Ascend is doing fantastic things. Pay attention: They are acquiring with tremendous speed,” he said. “What was also fascinating is the profile. They have a great management team.” Tenney further noted that Ascend’s deal to buy Fuchs “doesn’t fit the mold of a huge splash, but (it is) a very high-performing business that has some insulation from broader market trends. That (merger) was a really smart play. Those are (the) types of adjustments in a profile that you will see begin to influence broader growth strategies for some major players in 2023.” Other notable acquisitions and mergers in 2022 include: Angeles Equity and KJM Capital — Freymiller Ashley Homestore — Wilson Logistics’ Western Division Berger Logistik — Super-T Transport Brown Bear Transportation — Abenaqui Carriers DB Schenker USA — USA Truck Echo Global Logistics — Roadtex Transportation FastFrate — Challenger Group GXO — Clipper Logistics Heartland Express — CFI Hirschbach — John Christner Trucking Kenan Advantage Group — American PetroLog Maersk — Pilot Freight Mediterranean Shipping Co. — C&K Holdings PAM Transport — Metropolitan Trucking Ryder — Whiplash TA Services — C2 Freight Resources TA Services — KPI Logistics Wind Point Partners — XPO’s Intermodal Division This article originally appeared in the March/April 2023 edition of Truckload Authority, the official publication of the Truckload Carriers Association.

A piece of the pie: Trucking regulations top of mind on DOT’s 2023 regulatory agenda

The U.S. Department of Transportation has an overwhelming list of items on its 2023 regulatory agenda, from greenhouse gas emissions in all modes of transportation to crash test dummies, interstate access, and airport safety. Regulations impacting the trucking industry make up a large “piece of the pie,” and several topics are hot-button issues such as speed limiters for heavy commercial vehicles (CMVs), and electronic logging device (ELD) requirements. The Federal Motor Carrier Safety Administration (FMCSA) intends to proceed with a motor carrier-based speed limiter rulemaking by preparing a supplemental notice of proposed rulemaking to follow up on the National Highway Traffic Safety Administration’s (NHTSA) and FMCSA’s jointly issued September 7, 2016, notice of proposed rulemaking on the subject. The new rulemaking, in subsequent consultation with NHTSA, will consider whether additional regulatory actions should be taken concerning commercial motor vehicle manufacturer requirements. These actions would specifically impact carriers that cross state lines and operate CMVs with a gross vehicle weight rating or gross vehicle weight — whichever is greater — of 26,001 pounds or more. Any of these CMVs that are equipped with an electronic engine control unit (ECU) capable of governing the maximum speed will be required to limit the vehicle’s speed (exactly what that speed is has yet to be determined) and to maintain that ECU setting for the service life of the vehicle. In filed comments to the FMCSA, Jim Ward, president of the Trucking Carriers Administration (TCA), wrote that the organization “views the decision to mandate speed limiters as a sensible next step in the ongoing effort to reduce accidents on our roadways and improve safety in the industry.” In addition, “all Class 8 and 7 trucks manufactured after 1992 should utilize secure and reliable devices that limit the maximum speed to 65 miles per hour, or 70 miles per hour if the vehicles are also equipped with adaptive cruise control and automatic emergency braking,” Ward wrote. “The current technology allows motor carriers considerable flexibility when deploying speed limiting devices to accommodate speed differentials among vehicles,” he continued. “In fact, some carriers have established implementation models that tailor flexibility based on job performance and safe driving.” As another initiative, the FMCSA is considering a requirement that every CMV operating in interstate commerce be equipped with an electronic device capable of communicating a unique identification number when queried by a roadside system. In response to a petition for rulemaking from the Commercial Vehicle Safety Alliance (CVSA), “FMCSA is considering such amendments as a possible means to improve the effectiveness of the roadside inspection program by more fully enabling enforcement agencies to target their efforts at high-risk operators, while at the same time providing an incentive for safe and legal operations,” according to the proposed rule. Ward wrote that TCA “is highly interested” in this proposal; however, there are caveats. “TCA is reluctant to provide our support for the proposal without addressing important concerns regarding cybersecurity, data ownership, inspection policies, and cost,” he said. “While the association appreciates the agency’s efforts to improve efficiency within the inspection process, the industry should be privy to and have reasonable understanding of the full scope of foreseeable potential impacts before rulemaking is finalized.” Ward noted that for TCA to endorse such a mandate, carriers and drivers would need to be assured of the security of information and protection of data ownership rights. “TCA maintains that vehicle ownership conveys the following rights of access and control to the vehicle owner, and owner’s designees: (1) direct access to data collected, generated, recorded, or stored by the vehicle, (2) access to and use of operator data which may be personally attributable or identifiable, including driver behavior data and geolocation data, and right to grant or limit access to this data by other parties, and (3) a dependable, low risk means of interfacing with the vehicle to retrieve data,” he wrote. Another proposed rule deals with ELDs. The ELD rule that went into effect February 16, 2016, established minimum performance and design standards for hours-of-service (HOS); requirements for the mandatory use of these devices by drivers currently required to prepare HOS records of duty status; requirements concerning HOS supporting documents; and measures to address concerns about harassment resulting from the mandatory use of ELDs (80 FR 78292). “Many lessons have been learned by FMCSA staff, state enforcement personnel, ELD vendors, and industry in the intervening years,” the FMCSA wrote in its proposed rule abstract. “These lessons can be used to streamline and improve the clarity of the regulatory text and ELD specifications and answer recurring questions. Additionally, there are technical modifications responsive to concerns raised by affected parties that could improve the usability of ELDs.” FMCSA is seeking information to determine what changes would be warranted. “(TCA) believes that in order to alleviate the question of exemptions, ELDs should be required on as many trucks as possible, including rebuilt or remanufactured engines or glider kits that can accommodate ELD technology,” Ward wrote. “FMCSA should push for expanded ELD adoption because it is an important tool to track compliance for the hours-of-service regulations, which were designed to improve safety.” Further, Ward said that TCA does not see a need for the FMCSA to clarify the point at which a driver must switch to paper logs in the event of an ELD malfunction: Regulation 395.34(c) already requires drivers to follow the recommendation of their carrier and ELD provider when a malfunction is detected and the ELD fails to record HOS, and specifies that paper logs must be available for review. Ward added that TCA supports removing an ELD device from the registered device list if the provider goes out of business and fails to self-revoke. “The out-of-business provider will not have the ability to support or service the device and therefore they put the user at risk of compliance failure,” he stated. “In this scenario, FMCSA will need to allow an appropriate window of time for users to convert their equipment to properly registered devices.” The FMCSA is also looking at proposing performance standards and motor carrier maintenance requirements for automatic emergency braking (AEB) systems on heavy trucks and accompanying test procedures for measuring the performance of the AEB systems in NHTSA compliance testing. Other topics for proposed rulemaking include: Proposed changes to the record retention requirements contained in appendix A to part 379 to remove overlapping and burdensome requirements. A proposal to clarify the applicability of emergency exemptions and ensure that carriers and drivers are not authorized to overlook other important safety measures while performing direct assistance to emergency relief efforts. The action would also require carriers to report certain information pertaining to their use, frequency and nature of materials transported under a declaration. The data collection is important and will help inform FMCSA decision-making relating to emergency declarations. A proposal permitting state driver licensing agencies to administer the commercial driver’s license (CDL) knowledge test prior to issuing a commercial learner’s permit (CLP), and to administer the CDL skills test to CLP holders who are domiciled in other states. The FMCSA says it will use feedback “to determine whether greater flexibility in CDL administration can promote greater efficiency while maintaining necessary safety standards.” This article originally appeared in the March/April 2023 edition of Truckload Authority, the official publication of the Truckload Carriers Association.

In the end zone with John Elliott

Load One CEO John Elliott didn’t just step into the role of chairman of the Truckload Carriers Association (TCA) in March 2022. He burst onto the field, snatched the ball, and started running for the goal — and he never slowed his pace during the following 12 months. Together with newly appointed TCA President Jim Ward, he set out to not only grow the association’s membership, but also to expand and improve member benefits, revamp existing programs, and amplify the voice of truckload on Capitol Hill. Now, as he prepares to pass the ball to the next chairman, he says he would be hard-pressed to name TCA’s greatest accomplishment of the past year; however, he is quick to applaud the association’s members for their enthusiasm and engagement in both local and national initiatives. While Elliott is planning a couple of well-deserved breaks, it’s doubtful he’ll slacken his pace during the coming year. In addition to plans to grow and improve his own company, he says he intends to remain an active voice in TCA and the trucking industry as a whole. Following is the Truckload Authority team’s final chat with Elliott.   Mr. Chairman, thank you for joining us for the last of your Chat with the Chairman interviews. As usual, it has been an eventful year for the trucking industry. What have been TCA’s major accomplishments during your term? It is simply amazing to me how fast this year as chairman has gone. It has been an extremely busy year for the association. I think the first big thing was a highly successful transition to our new president, Jim Ward. Our officers and I tasked him with a long list of desired improvements and initiatives. I can say without a doubt that Jim and our TCA staff are making it happen. Our membership and retention numbers are the highest they have been in decades, and they continue to grow. We have revamped the TCA Professional Driver of the Year program, and we will see more winners and greater prizes. We will also see these individuals be a valuable resource as industry ambassadors to help tell the story of truckload as the year goes on. We have spent a good deal of time working to bring our Truckload Profitably Program in house, and that project is progressing very well. We have over 150 carriers submitting data and added another full-time facilitator as the value of the program to our members continues to grow.   How has TCA worked with other trucking organizations to strengthen the voice of the industry in Washington? A great example of our government affairs push was our ability to help financially support the American Trucking Associations (ATA) in the fight against the predatory tolling by the State of Rhode Island. It was a great victory for our industry and all carriers, as this practice of truck only tolling would have quickly spread across many states and been another unfair economic burden placed upon our industry. It was a great example of how the strong relationship TCA and ATA share only makes the trucking industry more powerful in D.C. TCA and ATA have recently joined the Truckers Service Association as partners in its fight to preserve and protect the owner-operator/independent contractor model, which has been under attack more and more. This model is the basis of the American dream and is the exact way so many trucking companies were founded — with a dream, one man, and one truck.   What are some other highlights of the year? Another major initiative involves the North American Transportation Management Institute (NATMI). Most people are very surprised to learn that NATMI is owned by TCA. We did not leverage this relationship in the past anywhere near its full potential, but that is changing. We are moving NATMI onto our Association Management System, and we will be making more announcements this year. Last, but not least, we recently announced the launch of the Clean Freight Coalition with TCA as a founding member. This coalition will spearhead industry initiatives to help push for a logical, balanced, and realistic application of technology and regulations. Trucking has made huge improvements in our impact on the environment, and we are steadfast in our commitment to continue to improve. However, it needs to be done with well-thought-out policies that include trucking as a stakeholder at the table, not just policies put forward that can have disastrous implications for our industry and ultimately affect the people we serve.   Which of those accomplishments has given you the most pride in TCA and its members, and why? I cannot honesty answer that question. What I am most proud of is the organization as a whole, its upward trajectory, and the exciting energy that comes from it. I have heard from so many members and vendors that the organization just continues to evolve in such a great direction. The ROI value of TCA has never been higher, in my opinion.   What can TCA members expect in the coming year? We will see exciting new enhancements coming over the next year. We are launching a revamped fleet safety program that will improve upon this highly successful program and provide even more actionable data to our members to help them improve in this critical area of their companies. Our government affairs efforts continue to increase on behalf of our membership. We now have two internal and two external lobbyists who are focused on telling the story of truckload and helping to shape opinion on proposed regulations and legislation that can affect our members.   While Democrats still control the U.S. Senate after last fall’s elections, Republicans now lead the House. In addition, there has been a “changing of the guard” in the House Transportation & Infrastructure Committee. How do you foresee those changes affecting the trucking industry? Great question, because going into the election there were many things still on the table as it relates to our industry, and that hasn’t changed regardless of the outcome. Trucking is the very backbone of this nation’s economy, and the truckload segment is the heartbeat. We know that many of our issues will continue to permeate in the next Congress. We must continue to challenge the threats to the independent contractor business model, creating new opportunities for truck parking, and of course, making this industry more attractive for people looking for rewarding careers. These are essential to moving the needle toward the advancing of our industry — and in many cases they should be viewed as bipartisan. Of course, as the years shake out, we will continue to weigh in on issues regarding equipment, highway funding, and certainly size and weight questions that could arise as the congressional demographics have changed.   Earlier this year the Biden administration released the U.S. National Blueprint for Transportation Decarbonization to eradicate all greenhouse emissions from the transportation industry by the year 2050. What do you believe will be the earliest impacts felt by motor carriers? The earliest impacts are already being felt by motor carriers as we progressively continue to look at the equipment landscape and the environmental impacts that coincide with them. Our environment has no friendlier ally than our industry, and recent data has proven exactly that. In just over 35 years, it would take 60 of today’s trucks to produce the emissions of just one truck in 1988. Over the past 30 years, our engines have cut NOX and particulate matter emissions by more than 98%, eliminating harmful pollutants from the air we breathe. In knowing that, and wanting our industry to continue to be great stewards of the environment, it is essential that we continue to test equipment to the point that each has proven itself roadworthy. Our carrier members want to be an active part of the solution to this problem, to preserve the environment and ensure that the store shelves are stocked with the goods that this nation lives on. In short, the impact for these regulations are already being felt to the point that our industry must make sure the deadlines are realistic and that the changes to equipment are ones that truly work to fulfill the nation’s freight delivery needs.   It’s now been 15 years since the Federal Motor Carrier Safety Administration (FMSCA) launched the CSA (compliance, safety, accountability) program with an initial “test run.” How have you seen the program change over the years, and has it helped or harmed the freight industry? I think the intentions of the FMCSA were very noble. I don’t think we are anywhere close to a finished product. I know the industry looks to continue to work with regulators to improve CSA. We all want a fair, consistent measurement tool, but the devil is in the details, and I personally do not see safety as an area that should be graded on a curve. Of course, the issue of safety fitness determinations continues to appear on the DOT regulations report, and this may be the year that something gets done. The reality is that motor carriers should not be afraid to have their safety performance judged; however, that judgement must be done correctly. CSA continues to evolve from its original premise. They have incorporated the Crash Preventability Determination Program, removed the public viewing of scores because of the inconsistencies, and continue to try to improve the system. Discussions surrounding the Item Response Theory have proven themselves to be just discussions, as few could actually understand the algorithm changes that would have been required for the program. We must continue to insist that this program be as accurate as possible, eliminating geographical biases that exist and of course continue to account for clean inspections as much as we do for the bad ones.   Of course, the ratio of trucks on the road to safe, available parking is an ongoing concern. Last fall, new truck parking legislation was introduced in both the House and the Senate. If passed, how will these bills help motor carriers and drivers? Ample, safe parking is a critical need for our drivers. As we fight to retain and attract new drivers to the industry, parking is a huge issue. Drivers spend over an hour a day of wasted time looking for parking. On top of that, without hours-of-service flexibility, drivers are not able to utilize their available hours effectively as the fear of not finding a parking spot and running over hours in violation weighs on them. All this is stressful, and as an industry we want safe, well-rested drivers who are not stressed behind the wheel.   In addition to giving the trucking industry a voice in Washington, TCA is active in a number of community service efforts, including partnering with the Vietnam Veterans Memorial Fund (VVMF) to transport The Wall that Heals across the nation during its annual tour. Tell us a little about TCA’s affiliation with this project, and how members can get involved. Since 2015 TCA has partnered with VVMF to bring the Wall That Heals to communities across the country. The wall itself is a replica of the Vietnam Veterans Memorial in Washington, D.C., and our industry has risen to the challenge of supporting the transportation efforts of this monument. It is imperative that we continue to volunteer our equipment and drivers that help preserve the legacy of the wall and allow for cities and towns across the country and education everyone about the war and its impacts. Without the generous donations of trucks and drivers, this monument likely would not have the impact that is does.   What other service opportunities does TCA offer its membership? Besides the Vietnam Wall project, TCA has been a long-time supporter of Wreaths Across America and promoting its mission to remember, honor, and teach those military members that made the ultimate sacrifice. Also, at this year’s annual convention, our spouse/partner activity TCA is teaming up with Volunteer Orlando to drive change and support a local at-risk school to help them break the cycle of poverty and hardship. Trucking is an industry that has always stepped up when needed and looks to give back.   As your term comes to a close, what are your plans for the immediate future? I look forward to continuing with TCA in my role as past chairman and working with our incoming chairman and officers to continue the success. I also have a very exciting year ahead personally for my company as we continue to grow and build out our time-critical offerings. I am also looking forward to spending some time at a new condominium I recently had built in Cancun.   As is tradition, we always ask the outgoing chairman to give advice to the incoming chairman. What would be your advice to Dave Williams of Knight-Swift Transportation, who will soon be stepping into your shoes? Dave has been one step behind me for seven years on the officer line. We have had a great working relationship, and on a personal level he is a great person and a good friend. Dave is very much like me in valuing and listening to our carrier and vendor members. We are and will continue to be a member-driven organization. I know Dave, with his wife Suzy by his side, will be an outstanding leader for TCA and the industry as a whole.   Thank you, Mr. Chairman, for a wonderful year. Any closing comments to the membership would be welcome. Thank you to the members of TCA who entrusted me to be your chairman. As a third generation in trucking, it’s been an amazing journey — from a kid whose first job in trucking was sweeping out trailers to now being the chairman of the TCA. I do wish my late grandfather had been alive to see how far his decision to become a truck driver had affected my family’s life. I also want to thank Jim Ward, who has been an amazing friend, and I have to give a big thank-you to all of the TCA staff for all their hard work! This article originally appeared in the March/April 2023 edition of Truckload Authority, the official publication of the Truckload Carriers Association.