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FMSCA denies SBTC’s quest for exemption of ELD rule for small carriers

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D.c. listening session on hos revision canceled due to storms
The Small Business in Transportation Coalition said in its application for an exemption from the electronic logging device rule that motor carriers that would benefit from the request could achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the regulation. (The Trucker file photo)

WASHINGTON — The Federal Motor Carrier Safety Administration has denied an application filed a little more than a year ago from the Small Business in Transportation Coalition (SBTC) for an exemption from the electronic logging device (ELD) requirements for all motor carriers with fewer than 50 employees, including, but not limited to, one-person private and for-hire owner-operators of commercial motor vehicles used in interstate commerce.

The FMCSA said it had analyzed the exemption application and public comments, and had determined that it cannot ensure that granting for the requested exemption would achieve a level of safety equivalent to, or greater than, the level that would be achieved absent such exemption.

The SBTC is a non-profit trade organization with more than 8,000 members.

SBTC said in its application that it “represents, promotes, and protects the interest of small businesses in the transportation industry.”

The coalition said in its application that the exemption would not have any adverse impacts on operational safety as motor carriers and drivers would remain subject to the HOS regulations as well as the requirements to maintain a paper record of duty statue (RODs).

The SBTC argues that the requested exemption would allow motor carriers with fewer than 50 employees to maintain their current practices that have resulted in a proven safety record.

After the FMCSA published the SBTC application, it received over 1,900 comments. The agency estimated that over 95% of the comments favored the exemption while more than 4% were opposed.

The FMCSA said it denied that application for exemption because the SBTC application does not meet the regulatory standards for an exemption, the SBTC failed to provide “the name of the individual or motor carrier that would be responsible for the use or operation of CMVs” under the exemption, did not provide the name of a single motor carrier and failed to provide an estimate of the total number of drivers and CMVs that would be operated under the terms and conditions of the exemption.

Instead, in its printed denial, the FMCSA noted the SBTC application said “we defer to FMCSA to determine the total number of drivers and CMVs that would be operated under the exemption.”

The agency said SBTC failed to explain how it would ensure that someone could achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the regulation.

In a prepared statement, the SBTC it had read the FMCSA’s and despite what the agency said in its denial, the SBTC met its obligation to show countermeasures, namely a return to paper logs.

“If paper logs were sufficient to ensure adequate levels of safety for 80 years, and they are currently sufficient for all the carriers operating under other FMCSA ELD exemptions, there is no reason to believe they would not be sufficient for the carriers that would operate under our requested exemption,” the statement said. “Notwithstanding this, the FMCSA is misguided in relying on a statute that pertains to individual drivers’ hearing and vision type applications for exemption. Class exemptions are not the same as individual exemptions.”

The SBTC said FMCSA’s decision failed to address its own statutory obligations to show the coalition is wrong when it asserted that the ELD rule is not necessary to carry out the transportation policy, is not needed to protect shippers from the abuse of market power or that the transaction or service is of limited scope, and that the exemption is in the public interest.

We have repeatedly asserted that ELDs have caused excessive speeding, which results in far more deaths ELDs would ever save by combating fatigue,” the SBTC response said.

The SBTC said it found the FMCSA’s handling of its ELD exemption application… “from start to finish… totally and absolutely corrupt in each and every respect.”

 

 

 

 

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1 Comment

1 Comment

  1. Cynthia McCullough

    July 21, 2019 at 6:51 pm

    I think companies with less than 50 drivers that drive local, like for instance, rock haulers. Yes I am a local rock hauler and drive 12 hours a day and no more. I don’t think we should have to use eld’s. We don’t drive over a hundred miles one way and we have a dispatch of less than 12 hours. I think ELD’S are a waste of time and money for the time we drive. We go home every night and get sleep no need for a 30 min break.

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The Nation

Backlogs expected as weekly closure of eastbound Tuscarora Tunnel begins Sunday

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Backlogs expected as weekly closure of eastbound tuscarora tunnel begins sunday
All drivers on the Pennsylvania Turnpike are advised to expect delays while the eastbound Tuscarora Tunnel is closed for improvements and modernization. The tunnel will be closed every Sunday night and reopen at noon Friday each week through late June.

HARRISBURG, Pa. – The Pennsylvania Turnpike Commission advises motorists traveling in both directions on Interstate 76 to be prepared for an ongoing closure of the eastbound tube of the Tuscarora Tunnel starting at 9 p.m. Sun., Feb. 23, and ending at noon Friday, Feb. 28.

The weekly tunnel closure, which will impact traffic in both directions in Franklin County, will continue until June 26; some schedule modifications may occur due to weather conditions or during holiday periods.

Eastbound traffic will be directed into one lane and then cross over to continue through one lane of the westbound tunnel. Motorists in both directions should be alert for a continuous single-lane traffic pattern approaching the tunnel and bidirectional traffic within the tunnel.

Additionally, no overwidth commercial vehicles will be allowed in the tunnel during bidirectional traffic patterns.

Motorists should be prepared for slow moving or stopped traffic approaching the Tuscarora Tunnel in both directions. Backlogs are expected daily in both directions beginning around mid-day and lasting into the evening hours. The Pennsylvania Turnpike Commission has installed a smart work zone as part of this project which monitors current traffic conditions and displays travel times and slow or stopped traffic messages on Portable Changeable Message signs placed in advance of the tunnel in both directions.

Impacted motorists should visit www.511pa.com/tuscarora to view travel alerts and current travel times for the project and to find suggested detour routes.

Drivers are advised to turn on headlights, slow to the posted work-zone speed limit of 40 mph and keep an adequate distance from the vehicle ahead. Never pass inside the tunnel. Drivers who experience car trouble and cannot safely exit the tunnel should stay in the vehicle, put on the hazard lights, dial *11 from a mobile phone and wait for assistance. Tunnel personnel will monitor closed-circuit cameras and send help for disabled vehicles.

The Tuscarora Tunnel is located on I-76 between mileposts 186 and 187, between the Fort Littleton Interchange (Exit 180) and the Willow Hill Interchange (Exit 189) at the Huntingdon and Franklin county lines.

The tunnel crossovers are necessary as part of a four-year $110 million project to improve and modernize the Tuscarora Tunnel. The major tasks to be completed include the removal of ceiling slabs, a new ventilation system, new membrane waterproofing and the replacement of walkways, concrete barriers and the drainage system in the tunnels. Some enhancements have already been completed in the westbound tunnel, such as additional lighting, in-pavement lights and overhead lane-control signs.

The Tuscarora Tunnel eastbound tube opened in 1940 and the westbound tube opened in 1968. The two tunnels were last renovated in the 1980s. For more information about the Tuscarora Tunnel Rehabilitation Project visit www.PATurnpiketunnels.com.

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The Nation

Connecticut governor drops proposal for highway tolls for trucks

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HARTFORD, Conn.  — Connecticut Gov. Ned Lamont announced on Wednesday, Feb. 19, that he is dropping his plan for highway tolls for trucks, expressing frustration with legislative leaders who have delayed a vote on the issue.

The Democratic-controlled General Assembly had planned to vote Thursday on the tolls, which were under consideration to fund a wide-ranging transportation improvement plan. But Lamont, also a Democrat, said the Senate informed him that it needed more time, once again.

“I’ve got a Legislature that doesn’t want to make a choice,” Lamont said at a news conference. “I think it’s time to take a pause.”

Tolls on trucks had been projected to raise an estimate $200 million annually. Lamont said he plans for now to generate that money instead through state borrowing to help finance his roughly $19 billion 2030 transportation improvement plan.

“I hate to do it this way. It’s bonding in place of other things that are priorities,” he said. “But right now, there’s no other option on the table.”

As Lamont was talking to reporters, the Senate Democrats issued a statement saying the caucus was “still confident” it will have the necessary number of votes to pass a transportation plan with 12 toll gantries on 18-wheeler trucks only. In a joint statement, Senate President Pro Tempore Martin Looney, D-New Haven, and Senate Majority Leader Bob Duff, D-Norwalk, said they had only asked for five more days because the senators needed that time to prepare for an anticipated two-day, 30-hour debate over tolls.

“We are prepared to hold a session next week to vote on a bill to make the necessary transportation improvements for Connecticut’s economic development, residents and businesses,” they said.

Minority Republican leaders were doubtful the issue of tolls, which has hounded Lamont and his administration since the former businessman first took office in January 2019, will be resurrected for a vote during this legislative session, which ends in May. But they didn’t rule out the issue returning next year.

“Nothing’s dead in this building,” said Senate Republican Leader Len Fasano, of North Haven. “Back up again this session? I might be a little bit surprised. Back up again in 2021, I think you could probably bank on it.”

Some House Democrats expressed disappointment about Lamont’s announcement he’s not going to push ahead with tolls.

“This is crazy — let’s vote on the plan,” tweeted Rep. Steve Stafstrom, D-Bridgeport. “Continuing to kick the can down the road and borrowing even more money 100% on the backs of CT taxpayers is what got us in this mess to start with.”

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ATRI releases annual list of top 100 truck bottlenecks; Atlanta makes list 3 times

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Three different areas of Atlanta made ATRI’s list of most congested bottlenecks. (iStock Photo)

ARLINGTON, Va. — The American Transportation Research Institute (ATRI) has released its annual list highlighting the most congested bottlenecks for trucks in America.

The 2020 Top Truck Bottleneck List assesses the level of truck-involved congestion at 300 locations on the national highway system. The analysis, based on truck GPS data from over 1 million heavy duty trucks uses several customized software applications and analysis methods, along with terabytes of data from trucking operations to produce a congestion impact ranking for each location. ATRI’s truck GPS data is also used to support the U.S. DOT’s Freight Mobility Initiative. The bottleneck locations detailed in this latest ATRI list represent the top 100 congested locations, although ATRI continuously monitors more than 300 freight-critical locations.

The intersection of I-95 and State Route 4 in Fort Lee, New Jersey is once again the No. 1 freight bottleneck in the country. The rest of the Top 10 includes:

  1. Atlanta: I-285 at I-85 (North)
  2. Nashville: I-24/I-40 at I-440 (East)
  3. Houston: I-45 at I-69/US 59
  4. Atlanta, GA: I-75 at I-285 (North)
  5. Chicago, IL: I-290 at I-90/I-94
  6. Atlanta, GA: I-20 at I-285 (West)
  7. Cincinnati, OH: I-71 at I-75
  8. Los Angeles, CA: SR 60 at SR 57
  9. Los Angeles, CA: I-710 at I-105

“ATRI’s bottleneck analysis is an important tool for TDOT as we work to maximize the safety and efficiency of our transportation system, and ensure we are making the smartest investments possible,” said Tennessee Department of Transportation Assistant Bureau Chief Freight & Logistics Dan Pallme. “The additional capacity we are providing as part of the ongoing I-440 Reconstruction Project should improve the safety and reliability of this important corridor, which we know is critical to freight movement.”

ATRI’s analysis, which utilized data from 2019, found that the number of locations experiencing significant congestion — with average daily speeds of 45 MPH or less — has increased 92 percent in just five years, far outpacing the 10 percent growth in traffic congestion for that same time period.

“ATA has been beating the drum about the continued degradation of our infrastructure, and thanks to ATRI’s research we can see exactly how decades of ignoring the problem are impacting not just our industry but our economy and commuters everywhere,” said American Trucking Associations President and CEO Chris Spear. “This report should sound the alarm for policymakers that the cost of doing nothing is too high and provide a roadmap of where to target investments to really solve our nation’s mounting infrastructure crisis.”

For access to the full report, including detailed information on each of the 100 top congested locations, please visit ATRI’s website at TruckingResearch.org.

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