The Trucker News Staff

LITTLE ROCK, Ark. — A group of American truckers dubbed “Convoy to DC 2022” is gaining membership on Facebook, following thousands of truckers who are protesting COVID-19 vaccine mandates north of the border in Canada. The group’s Facebook site says it is “part of many large groups who believe in our founding fathers. We believe everyone has a voice. We support our freedom. Help us spread the word about this group and together we all can make it a better place. God Bless America.” So far, more than 94,500 people have joined “Convoy to DC” on Facebook. Like their Canadian brothers and sisters up north, those involved in the budding American protest say they are against current vaccine mandates that require truckers to show proof of vaccination in order to cross the border between the U.S. and Canada and vice versa. Jeremy Johnson, who is listed as an admin on the Facebook page and is also the host of his own popular Facebook page “The Disrespected Trucker,” announced in a video posted to the “Convoy to DC” page on Sunday that the “March to Freedom” convoy would roll out on March 1. He said that further details will be forthcoming. “When is this starting and who do I need to contact,” “Convoy to DC” member Robert MacEwen wrote on the group’s Facebook page. “I am a owner operator of a log truck here in (Washington) state and I have plenty that would be willing to join. Thanks.” Debra Bass posted: “Truckers are convoying all over the world all over the world and we’re going to have a convoy to DC from California to DC and from Canada they’re going to join us people are going to join us from all over the world God bless America God bless the truckers God bless every trucker that’s out there fighting for us the people that’s what the government supposed to be for but they’re not so we count on our truckers to fight for us.” Mark Feenstra wrote simply, “When and where do we start?” “I lost my job as a nurse!” Cassie Springer wrote. “Thankfully we own a trucking company that I can work for. Let’s head to DC and stop this crap!”    

WASHINGTON D.C. – U.S. Supreme Court Justice Stephen Breyer left a mark on the transportation industry during his 27-plus years on the bench. Breyer announced his retirement in late January. Here are five of his most notable rulings when it comes to logistics and transportation in the U.S., according to Law360. Rowe v. New Hampshire Motor Transport AssociationIn 2008 justices unanimously held in Rowe v. New Hampshire Motor Transport Association that federal law preempted two provisions in a Maine statute restricting the shipping and delivery of tobacco products.Maine law barred anyone that wasn’t a Maine-licensed tobacco retailer from accepting tobacco deliveries and prohibited anyone from knowingly transporting a “tobacco product” to “a person” in Maine.Trucking associations sued and the justices agreed that the law was precisely the kind of state-mandated regulation that is preempted by the Federal Aviation Administration Authorization Act of 1994, which bars states from enacting or enforcing laws “related to a price, route or service of any motor carrier.”Geier v. American Honda Motor Co. The Supreme Court took up the case of injured plaintiff Alexis Geier, who sought to hold American Honda Motor Co. liable for negligence over an accident involving a 1987 Honda Accord that wasn’t equipped with a driver’s side airbag in 2000. In a 5-4 ruling, Justice Breyer wrote for the majority that the National Traffic and Motor Vehicle Safety Act of 1966, together with U.S. Department of Transportation regulations, preempted Geier’s state tort suit. Breyer determined that Geier’s “no airbag” suit conflicted with federal law because it sought to impose a duty on automakers that “would have presented an obstacle to the variety and mix of devices that the federal regulation sought.” Williamson v. Mazda Motor of America Inc. The high court again took up the issue in a case against Mazda Motor of America Inc. brought by the family of Thanh Williamson. Williamson was wearing a lap-only seat belt in 2002 and was killed when the 1993 Mazda minivan she was riding in hit another vehicle. Federal law allowed vehicles to have lap-only seat belts when the vehicle was made. The family sued Mazda under California state law, claiming the vehicle should have had a lap-and-shoulder seat belt and that Mazda failed to warn consumers of the risk of lap-only belts. The Mazda case concerned FMVSS 208 and justices agreed to take up the Mazda case in order to further clarify their Geier holding, given that courts had been interpreting Geier as protecting car companies from state law claims as long as they complied with federal regulations. Under the 1989 version of FMVSS 208, automakers were required to install seat belts in the rear seats of passenger vehicles. They could choose what type of belt to install on rear inner seats, such as middle seats or those next to a minivan’s aisle. Justices unanimously held in 2011’s Williamson v. Mazda Motor of America Inc. that federal law did not preempt the Williamsons’ state tort suit. Justice Breyer wrote that providing manufacturers with the choice of seat belts was not a significant regulatory objective. American Trucking Associations Inc. et al. v. Michigan Public Service Commission et al.; and Mid-Con Freight Systems Inc. et al., Petitioners v. Michigan Public Service Commission et al. Justice Breyer authored two opinions in June 2005 on two trucking industry challenges to a flat $100 annual fee that Michigan imposed on trucks engaged in intrastate commercial hauling. Mid-Con Freight Systems Inc. claimed Michigan’s fee ignored federal law establishing the Single State Registration System or SSRS. That’s the system that allows trucking companies to fill out one set of forms in one state which in turn registers its federal permit in every participating state through which its trucks travel. The company said the SSRS statute specifies a state may not impose any additional “registration requirement” or other obligations that constitute “an unreasonable burden.” In a 6-3 ruling, Justice Breyer and the majority of other justices said preemption did not apply. The American Trucking Associations and trucking company USF Holland Inc. also challenged the state’s flat fee, via a different argument. They claimed the fee violated the dormant commerce clause by imposing an unconstitutional burden on interstate trade. The court disagreed. “We find nothing in [the Michigan law] that offends the Commerce Clause,” Breyer wrote in the court’s opinion. “The statute applies evenhandedly to all carriers that make domestic journeys. It does not reflect an effort to tax activity that takes place, in whole or in part, outside the state. Nothing in our case law suggests that such a neutral, locally focused fee or tax is inconsistent with the dormant Commerce Clause.”  

WASHINGTON, D.C. — The U.S. Department of Transportation (DOT) announced Thursday the federal government’s new National Roadway Safety Strategy (NRSS), a roadmap for addressing the national crisis in roadway fatalities and serious injuries. The plan includes a call for automatic emergency braking on both cars and heavy-duty tractors, something that has been controversial among members of the trucking industry. Almost 95 percent of the nation’s transportation deaths occur on its streets, roads and highways, according to DOT statistics. While the number of annual roadway fatalities declined for many years, progress plateaued over the last decade with fatalities rising during the pandemic. “We cannot tolerate the continuing crisis of roadway deaths in America. These deaths are preventable, and that’s why we’re launching the National Roadway Safety Strategy (NRSS) today – a bold, comprehensive plan, with significant new funding from President Biden’s Bipartisan Infrastructure Law,” U.S. Transportation Secretary Pete Buttigieg said. “We will work with every level of government and industry to deliver results, because every driver, passenger and pedestrian should be certain that they’re going to arrive at their destination safely, every time.” The DOT, as part of the NRSS, is adopting the “Safe System Approach,” which acknowledges both human mistakes and human vulnerability, and designs a redundant system to protect everyone by preventing crashes and ensuring that when they do happen they do not result in serious injury or death. The DOT will use a five-pronged model to address safety: safer people; safer roads; safer vehicles; safer speeds and post-crash care. A few of the key actions include: Work with states and local road owners to build and maintain safer roadways through efforts, including updates to the Manual on Uniform Traffic Control Devices, a Complete Streets Initiative to provide technical assistance to communities of all sizes and speed limit setting. Leveraging technology to improve the safety of motor vehicles on U.S. roadways, including rulemaking on automatic emergency braking and pedestrian automatic emergency braking, along with updates to the New Car Assessment Program. Investing in road safety through funding in the Bipartisan Infrastructure Law, including $6 billion Safe Streets and Roads for All program, hundreds of millions for behavioral research and interventions and $4 billion in additional funding for the Highway Safety Improvement Program. The strategy was developed in coordination with the DOT’s Executive Safety Council, led by Deputy Transportation Secretary Polly Trottenberg. The NRSS builds on efforts from across DOT’s three roadway safety agencies: the Federal Highway Administration (FHA), National Highway Traffic Safety Administration (NTSB) and the Federal Motor Carrier Safety Administration (FMCSA). “The Roadway Safety Action Plan is designed to focus all of DOT’s resources, authorities and incredible expertise, working with our stakeholders, to combat the tragic number of fatalities and serious injuries we see on U.S. roadways – from our largest cities and towns to rural and tribal communities all across the country,” Trottenberg said. “Unfortunately, many roads are not designed to ensure safe travel at safe speeds for everyone, especially the most vulnerable road users,” said FHA Deputy Administrator Stephanie Pollack. “The Bipartisan Infrastructure Law provides a tremendous opportunity for FHA to work closely with state, local and tribal partners to put increased transportation funding to work incorporating safety for all users into every federally-funded road project.” “FMCSA is committed to reducing Commercial Motor Vehicle fatalities and overall fatalities. We will work across the DOT to coordinate proactive compliance and outreach programs and work collaboratively with all stakeholders,” said FMCSA Executive Director and Chief Safety Officer Jack Van Steenburg. “Our goal is to prevent crashes and preserve the quality of life for all roadway users across America. Zero is our goal.”

ARLINGTON, VA – American Trucking Associations (ATA) announced the names of the 22 professional truck drivers who will be the 2022-23 America’s Road Team Captains on Jan 20. The drivers will serve as trucking industry ambassadors, traveling the country to spread the message of safe driving, while teaching about the trucking industry and its opportunities. “This industry, like our country, is diverse, hardworking and patriotic, and this new class of America’s Road Team Captains reflects all of that,” ATA President and CEO Chris Spear said. “I’m proud that they will be representing the industry and ATA as our newest and best ambassadors – educating the country about trucking’s essential role in keeping America moving safely and efficiently.” America’s Road Team, a group of professional truck drivers with superior safety records, was created in 1986 to represent the trucking industry and is sponsored by Volvo Trucks. Captains, with support from their companies, dedicate a few days each month to attend industry events, speak at schools, or meet policymakers on behalf of the trucking industry. This year’s class includes drivers from 13 companies, 17 states and drivers with more than 564 years of experience and 45,774,455 miles of accident-free driving. “These Captains have dedicated their lives to spreading the message of safe driving. They are leaders in their communities, role models in their companies, and are dedicated to and passionate about the industry,” Elisabeth Barna, ATA executive vice president of industry affairs, said. “This new class represents everything we strive to promote about our industry and its professionals, especially as we face a driver shortage and challenges with the supply chain.” The new America’s Road Team Captains are: Bob Bramwell, ABF Freight System, Centerview, Missouri Michael Buck, Yellow, Moore, Oklahoma Teddy Butler, ABF Freight System, Hampton, Georgia Kevin Byrnes, United Parcel Service, Sparta, New Jersey Jesus Davila, Werner Enterprises, San Antonio, Texas Ken Duncan, Walmart Transportation, Gorham, Maine James Ellis, Grammer Logistics, Erwin, North Carolina Lalo Fernandez, FedEx Freight, Battle Ground, Oregon Richard Frazer, Yellow, Rockford, Illinois Charlie Fuller, FedEx Freight, Pembroke Pines, Florida Ritch Fundell, FedEx Freight, Tonica, Illinois Salvador Gonzalez, TForce Freight, Ocala, Florida Darrien Henderson, J&M Tank Lines Inc., Mobile, Alabama Gina Jones, Werner Enterprises, Peoria, Arizona Dean Key, Ruan Transportation Management Systems, Primghar, Iowa Glen Allen Kirk, Old Dominion Freight Line, Franklin, Indiana Jeff Rose, Yellow, Creston, Ohio Ron Round, Pottle’s Transportation LLC, Enfield, Maine David Schroeder, FedEx Freight, Bellaire, Ohio Eric Stein, Werner Enterprises Inc., Canajoharie, New York PJ Singh, Penske Logistics, Stockton, California Derrick Thorpe, TForce Freight, Rahway, New Jersey The drivers were judged on their ability to express their knowledge of the industry, their skills in effective communication about safety and transportation and their overall safe-driving record. The panel of judges included trucking executives and the trade press. In a show of pride, trucking industry executives weighed in on their employees who were named to the team. “We are extremely proud of Glen (Kirk) and we know that he will be a great representative for our industry and Old Dominion Freight Line during his time as a Road Team Captain. This is a well-deserved recognition,” said Steven Garrish, vice president for safety and compliance at Old Dominion Freight Line. “This last year, in particular, has been taxing on the industry and these drivers have shown perseverance and dedication through it all while underscoring the importance of safety on the road. This year’s Road Team has an opportunity to continue to advocate for our industry and teach the next generation of leaders and drivers about trucking.” “Since I met Dean (Key)  when he was recognized as part of our Driver of the Year Winners’ Circle, he certainly left an impression of professionalism, inspirational leadership, a can-do attitude, and commitment to safety,” said Ruan President and Chief Operating Officer Dan Van Alstine. “He is the consummate ambassador for Ruan’s Guiding Principles and values, and I know he will leave his mark on our industry serving in this important role as a Road Team captain.” After receiving their signature navy blue America’s Road Team blazers, the captains will immediately begin their work. The new captains will tour the country in ATA’s Interstate One Image Truck, an American flag emblazoned with a brand new 2021 Volvo VNL 760, featuring a state-of-the-art truck driving simulator and mobile classroom. “Volvo Trucks is honored for the 20th consecutive year to continue our sponsorship of America’s Road Team with a new Volvo VNL 760 and take part in this week’s selection of the 2022-23 Captains,” Volvo Trucks North America President Peter Voorhoeve said. “America’s Road Team is one of the most visible groups of professional truck drivers in the country, and we believe that their hard work to promote the profession and safety pays dividends for our industry. We thank the Captains for their strong engagement and being passionate ambassadors of this great profession. We congratulate the new class of America’s Road Team Captains and wish them the best of success as they carry out their mission over the next two years.”