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New Class 8 tractor orders rising as used units show decline

COLUMBUS, Ind — The trucking industry revolves around the Class 8 tractor — it’s America’s iron workhorse, helping to deliver necessary goods across the nation each day. But the latest data from ACT Research shows that while new tractor orders are strong, used units aren’t moving at the pace they once did. While preliminary used Class 8 tractor retail sales volumes decreased 9% month-over-month in September, according to ACT, new Class 8 tractor orders rose from August to September in spite of interest rate hikes. September new Class 8 orders totaled 53,700 units, according to ACT. NEW TRACTOR SALES Heavy and medium duty net orders both took giant steps up from August levels in September, both on a nominal as well as seasonally adjusted basis, according to ACT. “For now, business activity is winning the tug of war with higher interest rates,” Eric Crawford, ACT Research’s vice president and senior analyst, said. “That said, we expect this dynamic to shift …  as the Fed continues its aggressive push to subdue inflation.” Additionally, Class 5 and Classes 6-7 are segmented by trucks, buses, RVs and step van configurations, while Class 8 is segmented by trucks and tractors with and without sleeper cabs. This report includes a six-month industry build plan, backlog timing analysis, historical data from 1996 to the present in spreadsheet format, and a ready-to-use graph package. A first look at preliminary net orders is also published in conjunction with this report. Crawford said production levels were ahead of OEM build plans for both heavy-duty and medium duty by a considerable margin. “Otherwise, activity was largely in line with expectations: one, more Class 8 OEMs began opening 2023 order boards, and two, HD and MD cancellation volumes and rates remain low, albeit up from prior month for Class 8 following the record low set in August.” Crawford said that while underlying economic activity remains elevated, the record-breaking orders were also a function of customers’ inability to secure as much equipment in 2021 and 2022 as they’d preferred, creating pent-up demand for 2023, as well as a burst of activity when 2023 order boards were opened more broadly. “In other words, had supply chain and labor issues not dampened 2022 build rates, or had 2023 build slots already been widely available for orders to be placed, we think orders would have been strong, but not record-breaking strong,” Crawford said. USED TRACTOR SALES Preliminary used Class 8 tractor retail sales volumes decreased 9% month-over-month in September from August. September 2022 sales were also 29% lower compared to September of 2021, according to ACT. Other data from August 2022 to September 2022 showed that the average retail price for used Class 8 tractors fell 3%, average miles increased 2% and average age contracted 4%. Compared to August of 2021, the average retail price was 18% higher, with average miles and age both greater by 3% and 1%, respectively. “Retail unit sales reflect the challenges of both waning demand, as well as the curtailed flow of units coming from trade-ins,” Steve Tam, vice president at ACT Research, said. “Encoded in the supply-demand dynamics, the impact of pricing is to the downside.” Tam said the final interpretation depends on one’s role as a buyer or a seller. “Miles and age appear to be holding less sway over pricing but are also arguably mixed. Looking ahead, prices are likely to continue their downward trek into the first half of 2023, before starting to head higher, predicated on underlying economic and freight assumptions,” he said. Relating to new truck builds, Tam said that if history is any indication, September new truck builds, which totaled nearly 26,000 units, will translate into a meaningful uptick in the market in November or December once those units have worked their way through repair and reconditioning. “Of course, this assumes there are customers lined up with dollars (or financing) in hand to put those units to work,” he said. “Given supply has been a bigger issue than demand, which is probably a safe assumption.”  

As fuel prices climb, Biden set to release 15M barrels from oil reserve, more possible

WASHINGTON — President Joe Biden will announce the release of 15 million barrels of oil from the U.S. strategic reserve on Wednesday, Oct. 19, as part of a response to recent production cuts announced by OPEC+ nations, and he will say more oil sales are possible this winter, as his administration rushes to be seen as pulling out all the stops ahead of next month’s midterm elections. Meanwhile, diesel prices are rising again as the war between Ukraine and Russia continues to rage and OPEC+ makes good on its promise to decrease the number of barrels per day it feeds into the market. According to the latest statistics from the Energy Information Administration, the average price for a gallon of diesel fuel is currently $5.339 per gallon, up from $5.224 on Oct. 10 and $4.836 on Oct. 3. Diesel prices have fluctuated at or below $5 a gallon since early August, when average prices dipped below $5 for the first time since March. Biden is slated to deliver remarks Wednesday to announce the drawdown from the strategic reserve, senior administration officials said Tuesday on the condition of anonymity to outline Biden’s plans. It completes the release of 180 million barrels authorized by Biden in March that was initially supposed to occur over six months. That has sent the strategic reserve to its lowest level since 1984 in what the administration called a “bridge” until domestic production could be increased. The reserve now contains roughly 400 million barrels of oil. Biden will also open the door to additional releases this winter in an effort to keep prices down. But administration officials would not detail how much the president would be willing to tap, nor how much they want domestic and production to increase by in order to end the drawdown. Biden will also say that the U.S. government will restock the strategic reserve when oil prices are at or lower than $67 to $72 a barrel, an offer that administration officials argue will increase domestic production by guaranteeing a baseline level of demand. Yet the president is also expected to renew his criticism of the profits reaped by oil companies — repeating a bet made this summer that public condemnation would matter more to these companies than shareholders’ focus on returns. It marks the continuation of an about-face by Biden, who has tried to move the U.S. past fossil fuels to identify additional sources of energy to satisfy U.S. and global supply as a result of disruptions from Russia’s invasion of Ukraine and production cuts announced by the Saudi Arabia-led oil cartel. The prospective loss of 2 million barrels a day — 2% of global supply — has had the White House saying Saudi Arabia sided with Russian President Vladimir Putin and pledging there will be consequences for supply cuts that could prop up energy prices. The 15 million-barrel release would not cover even one full day’s use of oil in the U.S., according to the Energy Information Administration. The administration could make a decision on future releases a month from now, as it requires a month and a half for the government to notify would-be buyers. Biden still faces political headwinds because of gas prices. AAA reports that gas is averaging $3.87 a gallon. That’s down slightly over the past week, but it’s up from a month ago. The recent increase at prices stalled the momentum that the president and his fellow Democrats had been seeing in the polls ahead of the November elections. An analysis Monday by ClearView Energy Partners, an independent energy research firm based in Washington, suggested that two states that could decide control of the evenly split Senate — Nevada and Pennsylvania — are sensitive to energy prices. The analysis noted that gas prices over the past month rose above the national average in 18 states, which are home to 29 potentially “at risk” House seats. Even if voters want cheaper gasoline, expected gains in supply are not materializing because of a weaker global economy. The U.S. government last week revised downward its forecasts, saying that domestic firms would produce 270,000 fewer barrels a day in 2023 than was forecast in September. Global production would be 600,000 barrels a day lower than forecast in September. The hard math for Biden is that oil production has yet to return to its pre-pandemic level of roughly 13 million barrels a day. It’s about a million barrels a day shy of that level. The oil industry would like the administration to open up more federal lands for drilling, approve pipeline construction and reverse its recent changes to raise corporate taxes. The administration counters that the oil industry is sitting on thousands of unused federal leases and says new permits would take years to produce oil with no impact on current gas prices. Environmental groups, meanwhile, have asked Biden to keep a campaign promise to block new drilling on federal lands. Biden has resisted the policies favored by U.S. oil producers. Instead, he’s sought to reduce prices by releasing oil from the U.S. reserve, shaming oil companies for their profits and calling on greater production from countries in OPEC+ that have different geopolitical interests, said Frank Macchiarola, senior vice president of policy, economics and regulatory affairs at the American Petroleum Institute. “If they continue to offer the same old so-called solutions, they’ll continue to get the same old results,” Macchiarola said. Because fossil fuels lead to carbon emissions, Biden has sought to move away from them entirely with a commitment to zero emissions by 2050. When discussing that commitment nearly a year ago after the G-20 leading rich and developing nations met in Rome, the president said he still wanted to also lower gas prices because at “$3.35 a gallon, it has profound impact on working-class families just to get back and forth to work.” Since Biden spoke of the pain of gas at $3.35 a gallon and his hopes to reduce costs, the price has on balance risen another 15.5%. The Trucker Staff contributed to this report.

FMCSA set to roll out final speed limiter proposal in June 2023

WASHINGTON — The Federal Motor Carrier Safety Administration (FMCSA) is planning to unveil its final proposal regarding commercial motor vehicle speed limiters next year. The agency wrote in the U.S. Department of Transportation’s (USDOT) September rulemaking report that June 2023 is the target date. In May, the FMCSA sought comments on the proposal, which will affect vehicles with a gross weight of 26,001 pounds or more equipped with an electronic control unit that’s capable of being governed. A governed speed has not yet been determined, according to the FMCSA. The move is a follow-up to a 2016 joint proposal between the FMCSA and the National Highway Traffic Safety Administration for CMV speed limiters that didn’t gain traction. The newest proposal garnered around 15,000 comments in its initial reveal on the Federal Register as part of a supplemental notice of proposed rulemaking. A representative of Beyond Dirt LLC wrote on the comment page: “Limiting speeds in trucks will not make them safer. All it will do is impede traffic in places where the truck speed limit is higher, making driving a truck more dangerous for the truck driver because the cars around it will be making aggressive maneuvers to get around it. This law is an over reach, if there is a problem with a few truck speeding, you need to use the State Patrol to in force the speed limit on those law breaking drivers and not make this job more dangerous for the rest of us.” Karl Wendtand wrote: “This is a stupid idea, the danger of more accidents from cars hitting trucks will go up more if you do this. I own my truck and even though it will go much faster I drive it at the speed that gives me the best safety and fuel mileage. I have over 42 years on the road and have never had an accident, or even a ticket in 30 years. Punishing me and other professional drivers for actions by car drivers is not only unfair and discriminating to those of us that do the hard work of delivering everything you buy. If you really want to lose the older and safer drivers then pass this regulation.the driver shortage will increase by over 50% and you will destroy this industry.” Daniel Kautz wrote: “If you are going to put speed limiters on semis and big trucks.. then you need to put them on the car and the pickups also ..they are the ones doing 110 mph down the highway talking on their cell phones using their tablets and laptops that are attached to their dash.” The Owner-Operator Independent Drivers Association (OOIDA) also opposes the proposal. The OOIDA Foundation points to research that states the frequency of interactions with other vehicles increases 227% when traveling 10 mph below the speed of traffic. “Considering that the United States has highways with speed limits posted at 80 mph or more, a truck that is speed limited at 60 mph may have to travel 20-25 mph slower than the flow of traffic,” according to an article on Land Line, the news magazine for OOIDA. A study by University of Arkansas researchers in 2006 found that speed limit differentials compromise highway safety. OOIDA also points out that regulating a truck’s top speed does not stop it from speeding. “Although a speed limiter mandate set at 60 mph would force trucks to drive well below the posted speed limit on most highways, it would not prevent them speeding through city traffic, construction zones or in inclement weather,” OOIDA officials stated. The OOIDA Foundation says that “research shows that forcing truckers to lose time during high-speed zones can encourage them to driver faster than they should through slower zones so that they can make their deliveries on time.” There is some support for the proposal, however. Chris Spear, president of the American Trucking Associations (ATA), said his organization approves of speed limiters. “ATA is pleased that the Federal Motor Carrier Safety Administration is pursuing a constructive, data-driven approach to the issue of truck speed limiters in its latest proposal,” Spear wrote in a news release earlier this year. “We intend to thoroughly review FMCSA’s proposal, and we look forward to working with the agency to shape a final rule that is consistent with our policy supporting the use of speed limiters in conjunction with numerous other safety technologies,” he said. There are some companies that have been using speed limiters on their rigs for years. Walmart, for example, sets the top speed of its rigs at 65 mph.

Feds sending states nearly $60B from the Bipartisan Infrastructure Law for roads, bridges

WASHINGTON — The U.S. Department of Transportation’s Federal Highway Administration (FHWA) has released $59.9 billion in Fiscal Year 2023 apportionments for 12 programs to support investment in critical infrastructure across the nation. This includes roads, bridges and tunnels, carbon emission reduction and safety improvements. The funds come from President Biden’s Bipartisan Infrastructure Law. According to a news release, the funds will be funneled directly to all 50 states, the District of Columbia and Puerto Rico “to help them continue the important work of rebuilding our roads and bridges and making our transportation system more efficient.” “America’s roads and bridges are the vital arteries of our transportation system, connecting people and goods across the country,” said U.S. Transportation Secretary Pete Buttigieg. “Because of President Biden’s Bipartisan Infrastructure Law, today we are sending historic levels of funding to every state to help modernize the roads and bridges Americans rely on every day.” Over the last year, Bipartisan Infrastructure Law funding has been used to help address needs in every state in the nation, including: The Bridge Formula Program, which has supported repairs on more than 2,400 bridges, including the Interstate 270 bridge replacement over the Mississippi River in Illinois, the Dare County bridge replacement in North Carolina and the Interstate 65 bridge replacement over the Sepulga River in Alabama. The Promoting Resilient Operations for Transformative, Efficient and Cost-Saving Transportation (PROTECT) Formula Program, which has funded more than $200 million of projects in 21 states, including improvements to the Interstate 20 Wateree River Bridge in South Carolina to upgrade critical elements of the bridge, along with raising the elevation of Louisiana Highway 1 (LA 1) to make it more resilient to flooding during extreme weather events across the Gulf of Mexico. The Highway Safety Improvement Program, which has supported improvements on more than 5,300 projects, including a total of 155 roundabout projects throughout the country. More than 100 pedestrian and bicyclist safety improvement projects throughout Oregon have also been completed. The implementation of 30 rectangular rapid flashing beacons in Arlington County, Virginia, to help pedestrians safely cross the street, along with road safety audits along rural corridors in Tennessee to identify safety improvements needed to reduce fatalities and serious injuries, have also been installed. The National Highway Performance Program, which has funded more than 6,000 projects, including replacing a dangerous intersection on U.S. 50 in Pueblo, Colorado, with an interchange that improves safety and connectivity for bikers, pedestrians, motorists and freight flows; resurfacing 13 miles of Interstate 57 in Illinois and improving a rest area that includes truck parking; and constructs a new bridge, passing lanes and two-way left-turn lanes on California State Route 46. The $59.9 billion in funding for Fiscal Year 2023 is the second year of funding under the Bipartisan Infrastructure Law and represents an increase of $15.4 billion in formula programs as compared to Fiscal Year 2021, the last fiscal year before the Bipartisan Infrastructure Law was implemented. This Bipartisan Infrastructure Law funding is distributed annually by FHWA based on congressionally mandated formulas. “These historic investments in American infrastructure give States the flexibility they need to determine how to allocate funds in order to replace deficient bridges, improve safety for all road users, and reduce carbon emissions by improving transportation infrastructure for communities throughout each state,” said Acting Federal Highway Administrator Stephanie Pollack. “This funding we are announcing today will allow States to continue the important work of President Biden’s Bipartisan Infrastructure Law that will make our infrastructure safer and more efficient for the tens of millions of American families that count on it to get to school, work, and critical medical care every day.” Federal-aid Highway Program funds are authorized periodically by Congress in multi-year laws to assist the states in providing for construction, reconstruction, and improvement of highways and bridges on eligible federal-aid routes and for other special purpose programs and projects. The Bipartisan Infrastructure Law established or continued FHWA programs and authorized funding for those programs from the Highway Trust Fund and General Fund.

More than 1,700 CMV violations found during CVSA’s Inspection Initiative

WASHINGTON — From June 13-17, commercial motor vehicle inspectors examined 6,204 vehicles transporting hazardous materials/dangerous goods (HM/DG) and 6,668 HM/DG packages in Canada and the U.S. for a five-day unannounced HM/DG inspection and enforcement initiative for the Commercial Vehicle Safety Alliance (CVSA). The total number of violations was 1,774, according to a news release. “Drivers who transport HM/DG are specially trained in emergency safety and applicable HM/DG federal regulations. CVSA’s HM/DG Road Blitz spotlights the safety-compliant drivers, shippers and motor carriers that ensure HM/DG are always appropriately marked, placarded, packaged and secured while being transported on our roadways,” the news release stated. Vehicles found to have HM/DG-related out-of-service violations, and/or any other driver or vehicle out-of-service violations, were restricted from traveling until all out-of-service violations were addressed. During the 2022 HM/DG Road Blitz, inspectors discovered the following HM/DG violations: 408 shipping papers violations. 269 non-bulk/small means of containment packaging violations. 272 bulk packaging/large means of containment packaging violations. 76 non-bulk/small means of containment labeling violations. 159 bulk packaging/large means of containment placarding violations. 79 other safety marks violations. 168 loading and securement violations. 43 HM/DG package integrity (leaking) violations. 84 Transportation of Dangerous Goods Training Certificate violations (Canada only). Governments in Canada and the U.S. have strict inspection and enforcement programs to ensure compliance with regulations regarding the transportation of HM/DG. In the U.S., the Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Federal Motor Carrier Safety Administration (FMCSA) are responsible for regulating and ensuring the safe and secure movement of hazardous materials. In Canada, the TDG Regulations are the safety requirements for the transportation of dangerous goods. According to FMCSA’s data for last calendar year (as of Aug. 26, 2022), the top five hazmat violations in the U.S. were: Package not secure in vehicle. No copy of USDOT HM registration number. No or improper shipping papers (carrier). Shipping paper accessibility. Vehicle not placarded as required. “The HM/DG Road Blitz helps increase awareness of the HM/DG rules and regulations in place to keep the driver, the public and the environment safe. It also highlights the hard-working, specially trained commercial motor vehicle law enforcement individuals who inspect vehicles transporting HM/DG,” according to the news release.  

ATRI report shows inspections are key in curtailing big truck crashes

ATLANTA — Based on new analyses conducted by the American Transport Research Institute (ATRI) in its 2022 Crash Predictor update, states with lower percentages of traffic enforcement inspections saw increases in big truck crashes. In 2020, 4,965 people died in big rig crashes, according to the National Safety Council. That number decreased just 1% from 2019 but is still up 31% since 2011. A majority of deaths in large truck crashes are occupants of other vehicles (71%), followed by truck occupants (17%) and non-occupants, primarily pedestrians and bicyclists (12%). The Crash Predictor report noted that “to combat the rise in crashes, it would be advantageous for states to increase traffic enforcement inspections. Traffic enforcement inspections tend to be about 3.1 times more effective from a safety standpoint than roadside vehicle inspections.” In Connecticut, the number of big truck crashes increased more than 135% between 2018 and 2022 as the state’s rate of traffic enforcement inspections declined by more than 11% during that same time, according to ATRI. The state with the greatest increase in the number of traffic enforcement inspections — North Dakota — saw a 30% decline in crashes after increasing inspections by more than 167%. The report also includes an updated list of the 10 Top Tier States for truck safety, ranked by the relationship between traffic enforcement inspections and crashes. Washington State was the top-ranked state, followed by Indiana, New Mexico, Arizona and Massachusetts. “Having a science-based model for predicting crashes is one of the most important tools the trucking industry can have,” American Trucking Associations Vice President of Safety Policy Dan Horvath said. “ATRI’s Crash Predictor research allows carriers to target and monitor those truck driver behaviors that matter most. With truck crashes increasing, there is no better time to have this data in our hands.” GENDER STUDY Male truck drivers continue to be more likely than females to have violations, convictions and crash involvement for all statistically significant events, according to the ATRI study.        The study points out, however, that females represented just 6.7% of the truck driver workforce in 2019 (the year of inspection data collection), according to the Bureau of Labor Statistics (BLS), Additionally, females represented just 2.7% of the 2019 driver inspection data being used for this year’s analysis, according to ATRI. The 2018 gender-related findings derived from a data sample of 439,225 unique truck driver records, of which 10,741, or 2.5%, were women. According to BLS, there were 3.5 million truck drivers in 2015, of which 5.1%, or approximately 176,900, were estimated to be women. From 2018 to 2022, males continued to be significantly more likely than females to commit 11 behaviors predictive of future crash involvement, according to ATRI. Of these behaviors, three experienced an increased likelihood larger than in 2018. These three behaviors include a medical certificate violation (up 49.2% from 2018), failure to obey traffic sign conviction (up 50% from 2018) and failure to obey traffic control device violation (up 26.1% from 2018). CRASH PREDICTORS A conviction for failure to obey warning lights/flasher generated a 243% increase in future crash probability, according to ATRI. The study notes, however, that just 23 truck drivers received this conviction during the study period. Failure to yield right-of-way violation, failure to use/improper signal conviction and reckless driving violation were all strong indicators of future crash likelihood as all increase crash likelihood by more than 100%. Simply having a prior crash on a truck driver’s record increased the probability of a future crash by 113% — that’s 28.4% higher than any previous Crash Predictor report. An improper or erratic lane changes conviction and past crash have been among the top 10 predictors of future crashes in all four crash predictor reports. The top five most stable predictors of future crashes across all four reports, according to their median increased likelihood of a future crash, were: Reckless driving violation (114%); failure to use/improper signal conviction (89%); a past crash (88%); failure to yield right-of-way violation (85%); and improper or erratic lane changes conviction (79%). ATRI’s Crash Predictor research, originally published in 2005 with updates in 2011 and 2018, designed and tested a predictive model that identified statistically significant relationships between truck driver safety behaviors and future crash probability. The new 2022 report uses the same statistical methods and is based on more than 580,000 individual truck driver records. For this study, ATRI used driver-specific data from the Motor Carrier Management Information System and the Commercial Driver’s License Information System. Drivers receiving inspections during the three months of January through March 2019 comprise the 2022 driver database. A total of 583,805 unique U.S.-based truck drivers were identified. The drivers were involved in 38,797 crashes that were reported to Federal Motor Carrier Safety Administration. Towaways accounted for 65.6% of the crashes, and only 5.8% of drivers — 34,117 — were involved in a crash during the study period. A full copy of the report is available through ATRI’s website here

Large rail union rejects deal, renewing strike possibility

OMAHA, Neb. — The U.S.’s third largest railroad union rejected a deal with employers this week, renewing the possibility of a strike that could cripple the economy. Both sides will return to the bargaining table before that happens. Over half of track maintenance workers represented by the Brotherhood of Maintenance of Way Employes Division who voted opposed the five-year contract despite 24% raises and $5,000 in bonuses. Union President Tony Cardwell said the railroads didn’t do enough to address the lack of paid time off — particularly sick time — and working conditions after the major railroads eliminated nearly one-third of their jobs over the past six years. “Railroaders are discouraged and upset with working conditions and compensation and hold their employer in low regard. Railroaders do not feel valued,” Cardwell said in a statement. “They resent the fact that management holds no regard for their quality of life, illustrated by their stubborn reluctance to provide a higher quantity of paid time off, especially for sickness.” The group that represents the railroads in negotiations said they were disappointed the union rejected the agreement but emphasized that no immediate threat of a strike exists because the union agreed to keep working for now. Four other railroad unions have approved their agreements with freight railroads including BNSF, Union Pacific, Kansas City Southern, CSX and Norfolk Southern, but all 12 unions representing 115,000 workers must ratify their contracts to prevent a strike. Another union, the International Association of Machinists and Aerospace Workers, initially rejected its deal but has since renegotiated a new contract. Voting will be completed in mid-November. President Joe Biden pressured the railroads and unions to reach a deal last month ahead of a mid-September deadline to allow a strike or walkout. Many businesses also urged Congress to be ready to intervene in the dispute and block a strike if an agreement wasn’t reached because so many companies rely on railroads to deliver their raw materials and finished products. In September, the American Trucking Associations (ATA) joined other groups calling on Congress to help resolve ongoing labor negotiations. The trucking industry is freight rail’s largest customer, and in a letter sent to Capitol Hill on Sept. 9, ATA warned of dire consequences for the U.S. supply chain if a strike were to go into effect. “Idling all 7,000 long distance daily freight trains in the U.S. would require more than 460,000 additional long-haul trucks every day, which is not possible based on equipment availability and an existing shortage of 80,000 drivers,” ATA President and CEO Chris Spear said in the letter. “As such, any rail service disruption will create havoc in the supply chain and fuel inflationary pressures across the board.” In general, the deals the unions agreed to closely follow the recommendations a special panel of arbitrators that Biden appointed made this summer. That Presidential Emergency Board recommended what would be the biggest raises rail workers have seen in more than four decades, but it didn’t resolve the unions’ concerns about working conditions. Instead it said the unions should pursue additional negotiations or arbitration that can take years with each railroad individually. The Brotherhood of Maintenance of Way union said it agreed to delay any strike until five days after Congress reconvenes in mid November to allow time for additional negotiations. Quality of life issues took center stage at the end of these negotiations, with unions representing conductors and engineers holding out until the end for three unpaid leave days a year for medical appointments and a promise that railroads will negotiate further about giving those employees regularly scheduled days off when they aren’t on call. Engineers and conductors have complained that strict attendance policies make it hard to take any time off. Track maintenance workers in the BMWED generally have more regular schedules than engineers and conductors, but all the rail unions have objected to the lack of paid sick time in the industry — particularly after working to keep trains moving throughout the pandemic. Rutgers University professor Todd Vachon, who teaches labor relations classes, said he’s not entirely surprised the contract was rejected given how emboldened union members feel to fight for better working conditions amidst the current worker shortage. “The biggest sticking issue is quality of life — especially access to paid time off and paid sick time. If the railroads can make some movement in that area, it will likely go a long way with rail workers who currently feel they are not being respected by their employers,” Vachon said. “Wages and resource allocation are one important part of contract negotiations but feeling respected by one’s employer remains one of the top reasons that workers form and join unions.” Although a strike is now possible, Vachon said he’s not too worried yet because both sides have more than a month to reach a new agreement. The Trucker Staff contributed to this report.  

USDOT’s Office of Inspector General outlines challenges facing new infrastructure projects

WASHINGTON — The U.S. Department of Transportation’s (USDOT) Office of Inspector General (OIG) has mapped out what it calls “key challenges” facing the implementation of the $660 billion earmarked for infrastructure improvements through the Infrastructure Investment and Jobs Act (IIJA). In a report dated Oct. 5, OIG officials note that the USDOT “must effectively identify, assess and develop plans to mitigate risks to achieving its goals — particularly the heightened risk of fraud.” Second, USDOT “will need to recruit, develop and retain the necessary workforce to implement and oversee IIJA programs, while also effectively coordinating with key stakeholders to overcome their immediate administrative challenges and mitigate risks they face amid broader economic challenges,” according to the report. “For example, rising prices, supply chain challenges and limited capacity across a range of industries could blunt IIJA impacts.” USDOT will also need to enhance and, in some cases, establish effective and efficient processes for awarding and administering IIJA grants and overseeing grantees’ compliance with federal requirements, the OIG report stated. “We remain committed to helping the department by identifying and recommending actions to address these and other challenges through our audits and investigations,” according to the report. According to the OIG, some of the biggest challenges include: Assessing increased risks of fraud, such as disadvantaged business enterprise fraud. Understanding risks for unique policy or financing arrangements. Acquiring and maintaining a skilled workforce. Coordinating with critical stakeholders (e.g., other federal agencies, state and local partners). Addressing the impact of limited industry capacity and rising prices. Establishing clear IIJA application and award processes. Developing and maintaining oversight procedures. Monitoring financial data and responding to non-compliances. “Fraud and waste risks will be particularly important for USDOT to address as it implements IIJA, as these risks can substantially affect the department’s ability to meet established goals,” the report stated. “IIJA also created new transportation investment programs and significantly expanded many existing ones, potentially increasing the risk of fraud and waste.” Finally, OIG officials stated that “it will remain paramount that USDOT maintain focus on continuous improvement of its processes for both new and existing financial assistance programs to manage awards throughout their lifecycle — from funding announcement to project closeout — to assure fairness in opportunities and accountability for resources and results. These and other steps will be key to meeting IIJA challenges, mitigating risks, maintaining stewardship over taxpayer dollars, and achieving the many expected benefits of IIJA’s infrastructure projects. We are committed to supporting the department’s efforts to maximize IIJA’s investments.” To view the full report, click here. ”

California governor to call special legislative session over high fuel prices

SACRAMENTO, Calif. — California Gov. Gavin Newsom said Friday he will call a special session of the state Legislature in December to pass a new tax on oil company profits to punish them for what he called “rank price gouging.” Fuel prices soared across the nation this summer because of high inflation, Russia’s invasion of Ukraine and ongoing disruptions in the global supply chain. But while gasoline prices have recovered somewhat nationwide, they have continued to spike in California, hitting an average of $6.39 per gallon on Friday — $2.58 higher than the national average, according to AAA. California also has the nation’s highest diesel fuel prices at just over $6 per gallon, according to the Energy Information Administration (EIA). This is down slightly from $6.11 on Sept. 26 and $6.14 on Sept. 19, accord to the EIA. California collects an excise tax of 41 cents per gallon on diesel fuel. The national average of a gallon of diesel is $4.83. California levees some of the highest fuel taxes in the country; other environmental rules also contribute to the increase the cost of fuel in the nation’s most populous state. Still, Newsom said there is “nothing to justify” a price difference of more than $2.50 per gallon between California’s gas and prices in other states. “It’s time to get serious. I’m sick of this,” Newsom said. “We’ve been too timid.” The oil industry has pointed to California’s environmental laws and regulations to explain why the state routinely has higher gas prices than the rest of the country. Kevin Slagle, vice president of the Western States Petroleum Association, said Newsom and state lawmakers should “take a hard look at decades of California energy policy” instead of proposing a new tax. “If this was anything other than a political stunt, the Governor wouldn’t wait two months and would call the special session now, before the election,” Slagle said. “This industry is ready right now to work on real solutions to energy costs and reliability — if that is what the Governor is truly interested in.” Several states chose to suspend their gas taxes this summer, including Maryland, New York and Georgia. Newsom and his fellow Democrats that control the state Legislature refused to do that, opting instead to send $9.5 billion in rebates to taxpayers — which began showing up in bank accounts this week. It’s unclear how the tax Newsom is proposing would work. Newsom said he is still working out the details with legislative leaders, but on Friday said he wants the money to be “returned to taxpayers,” possibly by using money from the tax to pay for more rebates. The state Legislature briefly considered a proposal earlier this year that would have imposed a “windfall profits tax” on oil companies’ gross receipts when the price of a gallon of gasoline was “abnormally high compared to the price of a barrel of oil.” That proposal would have required state regulators to determine the tax rate, making sure it recovered any oil companies’ profit margins that exceeded 30 cents per gallon. The money from the tax would then have been returned to taxpayers via rebates. Newsom did not comment on that proposal when it was introduced in March, and lawmakers quickly shelved it. It could, however, act as a blueprint for the new proposal being negotiated between Newsom and legislative leaders. The Legislature’s top two leaders — Senate President Pro Tempore Toni Atkins and Assembly Speaker Anthony Rendon — said in a joint statement that lawmakers “will continue to examine all other options to help consumers.” “A solution that takes excessive profits out of the hands of oil corporations and puts money back into the hands of consumers deserves strong consideration by the Legislature,” they said. “We look forward to examining the Governor’s detailed proposal when we receive it.” California Republicans — who do not control enough seats to influence policy decisions in the Legislature — have called the tax “foolhardy.” “Who here thinks that another tax is going to bring down your gas prices? Is going to bring down any costs in this state? It’s not going to happen,” Assembly Republican Leader James Gallagher told reporters on Wednesday. Last month, regulators at the California Energy Commission wrote a letter to five oil refiners — Chevron, Marathon Petroleum, PBF Energy, Phillips 66 and Valero — demanding an explanation for why gas prices jumped 84 cents over a 10-day period even as oil prices fell. The commission wrote that the oil industry had “not provided an adequate and transparent explanation for this price spike, which is causing real economic hardship to millions of Californians.” On Friday, Scott Folwarkow, Valero’s vice president for state government affairs, responded that “California is the most expensive operating environment in the country and a very hostile regulatory environment for refining.” He said that has caused refineries to close and tightened supply because California requires refineries to produce a specific fuel blend. He declined to provide details about the company’s operations based on the same anti-trust concerns. But he said the company makes appropriate arrangements to source supply when some refineries are down for maintenance. Newsom dismissed those arguments, saying that still doesn’t account for a $2.50 difference between California’s gas prices and those in the rest of the country. “These guys are playing us for fools. They have for decades,” Newsom said. The California Legislature usually meets between January and August, where they consider bills on a variety of topics. The governor has the power to call a special legislative session at any time by issuing a proclamation. When convened in a special session, lawmakers can only consider the issues mentioned in that proclamation. The last time a California governor called a special legislative session was in 2015, when then-Gov. Jerry Brown asked lawmakers to pass bills about health care and transportation. The Trucker Staff contributed to this report.

Federal officials focusing on truck parking as part of new initiative

WASHINGTON — There are currently only 313,000 truck parking spaces in the United States. That isn’t anywhere near enough for the almost 3.5 million truck drivers who haul America’s goods from ports and warehouses to stores for consumers. According to data from the Truckload Carriers Association, there is just one truck parking space for every 11 drivers. As such, truck parking is often listed as one of the top issues facing truckers today. In late September, the U.S. Department of Transportation (USDOT) convened state, industry and federal leaders at a meeting of the National Coalition of Truck Parking to share resources available in the President Joe Biden’s Bipartisan Infrastructure Law to address the nation’s truck parking shortage. USDOT officials say the issue “puts all road users at risk and is costing truck drivers time and money.” At the meeting, USDOT shared a new handbook for states that details strategies for developing truck parking, along with best practices on designing and constructing new truck parking. Officials also discussed the new and expanded funding resources that are available for truck parking projects to make the United States’ freight system safer and more efficient. USDOT Secretary Pete Buttigieg said he has heard directly from truck drivers and industry partners that the availability of truck parking is a top concern for drivers. “ … it costs them time and money — not to mention making our roads less safe and weakening our supply chains,” Buttigieg said. “We’re using funds from President Biden’s Bipartisan Infrastructure Law to help address truck parking shortages, and we’re working with state and industry leaders to develop more parking that will improve safety and quality of life for our nation’s truck drivers.” The American Trucking Associations (ATA) and Owner-Operator Independent Drivers Association wrote a joint letter to USDOT earlier this year citing that 98% percent of drivers report problems finding safe parking, costing drivers more than 56 minutes of drive-time to find parking. That wasted time is estimated to cause a $5,500 loss in annual compensation — roughly a 12% pay cut. Earlier this month, for the first time ever, USDOT announced significant investments to expand the nation’s truck parking capacity on the interstate system through the Nationally Significant Multimodal Freight & Highway Projects program. These first-of-their-kind investments included $15 million to add approximately 120 new truck parking spaces along the Interstate 4 corridor in Florida between Tampa and Orlando and a $22.6 million investment to add approximately 125 spaces along Interstate 40 east of Nashville. The ATA thanked USDOT officials for their commitment to expanding the nation’s truck parking capacity. In a letter to ATA President and CEO Chris Spear, Buttigieg pledged the administration’s support for increasing the availability of safe parking options for America’s professional truck drivers through its Trucking Action Plan, grant funding under the Bipartisan Infrastructure Law and increased coordination with state departments of transportation and the trucking industry. “We thank Secretary Buttigieg and the administration for their ongoing commitment to America’s professional truck drivers,” Spear said. “The secretary has stated how important the issue of truck parking is to him and his department, and we are extremely grateful that he is delivering on that intention. This issue is imperative for both highway safety and supply chain efficiency, and we look forward to continued partnership with USDOT as it works to ensure … funds continue flowing toward this urgent need.” A USDOT report found 98% of drivers regularly experience problems finding safe parking. Studies by the American Transportation Research Institute have found that drivers surrender an average of 56 minutes of valuable drive time per day to find parking, directly costing them about $5,500 in lost compensation — or a 12% cut in annual pay “This issue is of particular importance for women drivers, who repeatedly cite the lack of safe parking options as a deterrent to more women entering the field,” Spear said. “Investing in these projects and ensuring all drivers have ready access to safe and well-lit parking facilities is an important step in shifting our industry’s workforce demographics and empowering more women across the country to pursue the rewarding career opportunities that trucking has to offer.” USDOT officials say these projects will improve safety, freight operations and make freight transportation more sustainable. The Federal Motor Carrier Safety Administration (FMCSA) also awarded $1.4 million in grant funding to Montana and Kentucky to improve truck parking through its High Priority Innovative Technology Deployment grants. “One of the leading causes of truck crashes is driver fatigue. It is clear that adequate rest for drivers is foundational for safe operations. We have heard loud and clear from drivers — they need more places to rest, and they need to be safe and secure while doing so,” FMCSA Administrator Robin Hutcheson said. “We are proactively working at the local and regional level to point to the numerous resources across USDOT for truck parking construction, expansion, and technology solutions, and we will continue to work collaboratively with agencies within USDOT and with all of our partners in the industry.” Additionally, USDOT has updated guidance on the sources of federal funding that are eligible for states interested in making further investments in truck parking. States and other government entities can apply for grants or prioritize formula funding for capacity projects from over $47.4 billion in eight programs. “Truck parking is a safety issue — both for truck drivers and all other road users, which is why FHWA (Federal Highway Administration) has updated our guidance to ensure there is no question about eligibility for truck parking projects in new formula and discretionary grant programs authorized under the Bipartisan Infrastructure Law,” said FHWA Acting Administrator Stephanie Pollack. “This new information will help states, localities and other eligible entities identify eligible formula funding sources and apply for discretionary grants to fund truck parking projects that not only support the increased demand for truck deliveries and strengthen our supply chains, but also provide safe truck parking, which is critical to protect the truck drivers we rely on, as well as the traveling public.”

Trucking company founder, his family murdered in California after kidnapping

SAN FRANCISCO — A baby girl, her parents and uncle were found dead in a central California orchard two days after they were kidnapped at gunpoint from their business, police said. “Our worst fears have been confirmed,” Merced County Sheriff Vern Warnke said at a Wednesday night news conference. Warnke did not release any information about how and when police believe they were killed. He said the victims were close to each other when found by a farm worker in a remote area. The grim announcement came after authorities earlier Wednesday released surveillance video of a man kidnapping 8-month-old Aroohi Dheri; her mother Jasleen Kaur, 27; father Jasdeep Singh, 36; and uncle Amandeep Singh, 39, on Monday. Authorities said they were taken by a convicted robber who tried to kill himself a day after the kidnappings. That suspect, Jesus Salgado, 48, was in critical condition when taken into custody but has been talking to police, Warnke said. No motive for the kidnapping has been established, he said. “There’s no words right now to describe the anger I feel and the senselessness of this incident,” Warnke said. “I said it earlier: There’s a special place in hell for this guy.” Investigators, including crime lab technicians from the California Department of Justice, would be processing the crime scene through the night, Warnke said. Deep Singh, a family member, said that the family operated Unison Trucking. It was a new business, and they had just made a new truckyard with an office shortly before the kidnapping occurred. The four family members were taken from their business in Merced, a city of 86,000 people about 125 miles southeast of San Francisco in the San Joaquin Valley, California’s agricultural heartland. Relatives of Salgado contacted authorities reporting that he had admitted to them he was involved with the kidnapping, Warnke told KFSN-TV on Tuesday. Salgado tried to take his own life before police arrived at a home in nearby Atwater, and he has since been hospitalized. Efforts to reach Salgado’s family were unsuccessful Wednesday. The video released earlier Wednesday showed the suspect first walking by the property before talking to one of the men. Later, it shows him leading the men, who had their hands zip-tied behind their backs, into the back seat of Amandeep Singh’s pickup truck. The suspect then went back to the trailer that served as the business office and led Jasdeep Singh, who was carrying her baby in her arms, out and into the truck before the suspect then drove away. Family members said nothing was stolen from the trucking company but that their relatives were all wearing jewelry. Warnke had said that after the kidnappings, an ATM card belonging to one of the victims was used in Atwater, about 9 miles (14 kilometers) north of Merced Warnke said the kidnapper made no ransom demands. Investigators were trying to discover a motive for the slayings, the sheriff said. “We have a whole family wiped out and for what? We don’t know yet,” he said. Relatives of the victims had been notified of the deaths, the sheriff said. “We’re hoping that they can now at least have some kind of closure,” Warnke said, adding: “It’s not the closure we were hoping for; it’s not the closure they were hoping for.” Family members had earlier asked anyone who owns a convenience store or gas station in the area to check their surveillance cameras for images of the suspect or those missing. They said they were worried the baby wasn’t being fed because the family didn’t have any baby food with them at the time of the kidnapping. “Please help us out, come forward, so my family comes home safe,” Sukhdeep Singh, a brother of the victims, said, his voice breaking. Salgado was previously convicted of first-degree robbery with the use of a firearm in Merced County, as well as attempted false imprisonment and an attempt to prevent or dissuade a victim or witness. He was sentenced to 11 years in state prison in that case, according to the California Department of Corrections and Rehabilitation. He was released from prison in 2015 and discharged from parole three years later. He also has a conviction for possession of a controlled substance, the corrections agency said. Investigators have not found a link between Salgado and the family to show they knew each other before the kidnapping. “As of right now, we believe it was random,” Deputy Alexandra Britton said. “We don’t have evidence to prove otherwise.” Family members had told KXTV-TV that the office for Unison Trucking Inc., the family’s business, had only opened about a week earlier. “My husband is very peaceful and calm person. We don’t have any clue why they kidnapped them,” said Jaspreet Caur, wife of the kidnapped uncle. The sheriff said detectives believe the kidnapper destroyed unspecified evidence in an attempt to cover his tracks. The sheriff’s office said that firefighters on Monday found Amandeep Singh’s truck on fire. Merced Police Department officers went to Amandeep Singh’s home, where a family member tried to reach him and the couple. When they were not able to reach their family members, they called the Merced County Sheriff’s office to report them missing, the office said. Merced County Undersheriff Corey Gibson said a farmer found a phone belonging to one of the victims on a street in Dos Palos, a town 30 miles southwest of Merced, and answered it when the family called it. The Trucker News Staff contributed to this report.

OPEC+ makes big oil cut to boost prices; pump costs may rise

NEW YORK — The OPEC+ alliance of oil-exporting countries decided Wednesday to sharply cut production to support sagging oil prices, a move that could deal the struggling global economy another blow and raise politically sensitive pump prices for U.S. drivers just ahead of key national elections. Energy ministers cut production by a larger-than-expected 2 million barrels per day starting in November after gathering for their first face-to-face meeting at the Vienna headquarters of the OPEC oil cartel since the start of the COVID-19 pandemic. The group said the decision was based on the “uncertainty that surrounds the global economic and oil market outlooks.” Saudi Energy Minister Abdulaziz bin Salman stressed the cartel’s stated role as a guardian of stable energy markets. “We are here to stay as a moderating force, to bring about stability,” he told reporters. Besides a token trim last month, the major cut in the amount of crude that OPEC+ ships to the world is an abrupt turnaround from months of restoring deep cuts made during the depths of the pandemic. As demand rebounded, global energy prices have swung wildly since Russia invaded Ukraine, helping fuel inflation that is squeezing economies around the world. The impact of the production cut on oil prices — and thus the price of gasoline and diesel made from crude — will be limited somewhat because OPEC+ members already can’t meet their quotas. The decision could help alliance member Russia weather a looming European ban on most of Moscow’s oil and comes amid an energy crisis created by Russia reducing natural gas supplies to Europe, whose leaders call it retaliation for supporting Ukraine and imposing sanctions. Oil is trading well below its summer peaks because of fears that major global economies such as the U.S. or Europe will sink into recession due to high inflation, rising interest rates and uncertainty over the war in Ukraine. “We are going through a period of diverse uncertainties, which could come our way, it’s a brewing cloud,” bin Salman said, adding that OPEC+ sought to remain “ahead of the curve.” The fall in oil prices has been a boon to U.S. drivers, who saw lower gasoline and diesel prices at the pump before costs recently started ticking up, and for U.S. President Joe Biden as his Democratic Party gears up for congressional elections next month.     “The President is disappointed by the shortsighted decision by OPEC+ to cut production quotas while the global economy is dealing with the continued negative impact of Putin’s invasion of Ukraine,” the White House said in a statement. “At a time when maintaining a global supply of energy is of paramount importance, this decision will have the most negative impact on lower- and middle-income countries that are already reeling from elevated energy prices.” The Biden administration will work with Congress on additional tools to reduce OPEC’s control over energy prices, the statement said. Biden has tried to receive credit for fuel prices falling from their average June peak of $5.02 — with administration officials highlighting a late March announcement that a million barrels a day would be released from the strategic reserve for six months. High inflation is a fundamental drag on Biden’s approval and has dampened Democrats’ chances in the midterm elections. Oil supply could face further cutbacks in coming months when a European ban on most Russian imports takes effect in December. A separate move by the U.S. and other members of the Group of Seven wealthy democracies to impose a price cap on Russian oil could reduce supply if Russia retaliates by refusing to ship to countries and companies that observe the cap. The EU agreed Wednesday on new sanctions that are expected to include a price cap on Russian oil. Russia “will need to find new buyers for its oil when the EU embargo comes into force in early December and will presumably have to make further price concessions to do so,” analysts at Commerzbank said. “Higher prices beforehand — boosted by production cuts elsewhere — would therefore doubtless be very welcome.” Dwindling prospects for a diplomatic deal to limit Iran’s nuclear program also have lowered prospects for a return of as much as 1.5 million barrels a day in Iranian oil to the market if sanctions are removed. Oil prices surged this summer as markets worried about the loss of Russian supplies from sanctions over the war in Ukraine, but they slipped as fears about recessions in major economies and China’s COVID-19 restrictions weighed on demand for crude. International benchmark Brent has sagged as low as $84 in recent days after spending most of the summer months over $100 per barrel. U.S. crude rose to $87.64, and international benchmark Brent went up to $93.21 after the decision. At its last meeting in September, OPEC+ reduced the amount of oil it produces by 100,000 barrels a day in October. That token cut didn’t do much to boost lower oil prices, but it put markets on notice that the group was willing to act if prices kept falling.  

CVSA announces enhanced CMV inspection program for autonomous trucks

WASHINGTON — The Commercial Vehicle Safety Alliance (CVSA) has announced a new inspection standard and procedure designed to govern inspections of commercial motor vehicles equipped with automated driving systems (ADS) — also referred to as autonomous or driverless vehicles. CVSA officials said the announcement “represents years of CVSA Enforcement and Industry Modernization Committee and Automated Vehicle Working Group meetings, discussions and development, as well as procedural testing, finetuning and re-testing of the new enhanced inspection program for ADS-equipped commercial motor vehicles.” The CVSA worked with commercial motor vehicle inspectors and state highway patrols, inspection and enforcement experts, motor carrier representatives, the autonomous trucking development community and federal and state government officials “to develop commercial motor vehicle inspection standards specific to the unique needs, requirements and challenges of ADS-equipped commercial motor vehicles,” according to a news release. “This enhanced inspection procedure for driverless commercial motor vehicles will ensure the highest level of safety and provide law enforcement with the information they need to be confident about the roadworthiness of autonomous trucks operating on our roadways,” said CVSA President Maj. Chris Nordloh with the Texas Department of Public Safety. Currently, for driver-operated commercial motor vehicles, a driver conducts a pre-trip inspection prior to starting a trip and a post-trip inspection at the end of the trip. Along the driver’s route, the driver may be required to drive through a weigh/inspection station and/or be stopped at roadside and may be subject to a CVSA North American Standard Inspection. However, roadside inspection/weigh station environments are challenging for ADS-equipped vehicles and those commercial motor vehicles are not compatible with today’s roadside enforcement inspections, which rely on assistance from the driver. The Enhanced CMV Inspection Program establishes a no-defect, point-of-origin inspection program for ADS-equipped commercial motor vehicles. The program includes an enhanced inspection standard and procedure for motor carriers operating ADS vehicles and a 40-hour CVSA training course and exam for motor carrier personnel who will be conducting the inspections. For the new program, rather than the driver conducting a pre-trip inspection, as is currently done, for ADS vehicles, CVSA-trained motor carrier personnel will conduct the Enhanced CMV Inspection Procedure on selected ADS-equipped vehicles from their fleets at the point of origin before dispatch, as well as in-transit inspections at a dictated interval throughout the trip. Once on the road, the ADS vehicle would be required to communicate to law enforcement while in-motion that it passed the origin/destination inspection, its automated driving systems (as a whole) are functioning, and it is operating within its operational design domain. Those ADS vehicles will then bypass fixed inspection sites. En-route roadside inspections of ADS vehicles by law enforcement officials would be limited to situations where an imminent hazard is observed or during a post-crash investigation. In addition, all ADS vehicles must be able to respond to law enforcement should an officer attempt to pull over a vehicle. Any truck or trailer or commercial motor vehicle combination that fails the Enhanced CMV Inspection Procedure at the point of dispatch must be repaired. “Enhanced CMV inspections will raise the bar for road safety while giving law enforcement increased transparency into autonomous truck operations,” said Ariel Wolf, general counsel for the Autonomous Vehicle Industry Association. “We’re thankful to CVSA for developing this new standard in close collaboration with industry, and we look forward to continuing this partnership as we prepare for the program’s implementation in states nationwide.” The American Trucking Associations (ATA) helped the CVSA with the project. Kevin Grove, director of safety and technology policy for the ATA, said that the organization “was pleased to work with CVSA, our automated truck suppliers and industry partners in developing an enhanced inspection policy for driverless commercial vehicles. This is an important step that will facilitate safe and effective deployment of automation.”

Diesel prices down as Biden urges oil companies not to gouge after Hurricane Ian

LITTLE ROCK, Ark. — The average price for a gallon of diesel fuel across the U.S. has dropped for the fourth consecutive week. This news comes on the heels of devastating Hurrican Ian, which slammed in Florida’s western Gulf Coast on Wednesday, Sept. 27, and is currently moving through the Carolinas. Some are afraid the storm will cause oil prices to rise again because many large oil platforms stationed in the Gulf of Mexico evacuated their crews ahead of the storm. None of those rigs were damaged, however. Benchmark U.S. crude oil for November delivery fell 92 cents to $81.23 a barrel Thursday. Brent crude for November delivery fell 83 cents to $88.49 a barrel. Wholesale gasoline for October delivery fell 7 cents to $2.51 a gallon. October heating oil fell 4 cents to $3.41 a gallon. November natural gas fell 9 cents to $6.87 per 1,000 cubic feet. President Joe Biden on Wednesday warned oil and gas companies against increasing prices for consumers after the storm. “Do not, let me repeat, do not use this as an excuse to raise (fuel) prices or gouge the American people,” Biden said at the start of a conference on hunger in America and just hours before the hurricane made landfall as a massive Category 4 storm. According to the Energy Information Administration (EIA), the current average price for a gallon of diesel around the U.S. sits at $4.88, down from $4.96 last week. Diesel has been decreasing in price since Aug. 29, when the average price sat at $5.11 per gallon, according to the EIA. The highest price for diesel is along the west coast, where a gallon will set truckers back $6.16 on average in California. The cheapest price is along the Gulf Coast at $4.62 per gallon on average. Biden said that the hurricane “provides no excuse for price increases at the pump” and if it happens, he will ask federal officials to determine ”whether price gauging is going on.” “America is watching. The industry should do the right thing,” Biden added. Many energy analysts believe prices are more likely to rise than fall in the next few months. But changes in sentiment about the economy, Russia’s war against Ukraine, and even hurricane season — always a threat to disrupt refineries along the Gulf Coast — make predictions uncertain. A spokeswoman for the American Petroleum Institute, an oil industry group, said the industry is focused on “delivering fuels where they are needed most while ensuring the safety of our workforce’’ during the hurricane. “Gasoline prices are determined by market forces -– not individual companies — and claims that the price at the pump is anything but a function of supply and demand are false,” spokeswoman Andrea Woods said. Meanwhile, Love’s and TravelCenters of America (TA) have announced multiple closures due to the hurricane. According to a news release, the TA locations that are currently closed are located in Tampa, Wildwood and Ocala — all in Florida. Love’s closures Exit 366, Jacksonville, Florida, I-95 400 Pecan Park Road, Jacksonville, FL 32218 Store #603 Subway/Chester’s Chicken 6am-11pm Roadside Calls Suspended Due to Hurricane Exit 223/FL, Hwy-46, Mims, Florida, I-95 4440 Hwy 46, Mims, FL 32754 Store #868 Store Open as of 11pm Thursday Restaurant Temporarily Closed Due to Hurricane Truck Care Temporarily Closed Due to Hurricane Exit 55, Hwy 27 NB, Davenport, Florida, I-4 45000 Highway 27, Davenport, FL 33897 Store #627 Limited Hours Limited Services and Hours Exit 129, Fort Pierce, Florida, I-95 7150 Okeechobee Rd, Fort Pierce, FL 34945 Store #415 Restaurant Temporarily 6am-5pm Exit 358, Ocala, Florida, I-75 7791 NW 47th Avenue, Ocala, FL 34482 Store #363 Subway/Chester’s Chicken 6am-11pm Roadside Calls Suspended Due to Hurricane Exit 29, Brunswick, Georgia, I-95 130 Pilot Dr, Brunswick, GA 31523 Store #906 Roadside Calls Suspended Due to Hurricane Exit 90, Richmond Hill, Georgia, I-95 8436 Ford Ave, Richmond Hill, GA 31324 Store #338 Roadside Calls Suspended Due to Hurricane The Associated Press contributed to this report.

Ian heads to South Carolina after ripping through Florida

FORT MYERS, Fla. — Rescue crews piloted boats and waded through inundated streets Thursday to save thousands of Floridians trapped amid flooded homes and shattered buildings left by Hurricane Ian, which crossed into the Atlantic Ocean and churned toward South Carolina. Hours after weakening to a tropical storm while crossing the Florida peninsula, Ian regained hurricane strength Thursday evening over the Atlantic. The National Hurricane Center predicted it would hit South Carolina as a Category 1 hurricane Friday, with winds picking up to 80 mph near midnight Thursday. The devastation inflicted on Florida came into focus a day after Ian struck as a monstrous Category 4 hurricane, one of the strongest storms ever to hit the U.S. It flooded homes on both the state’s coasts, cut off the only road access to a barrier island, destroyed a historic waterfront pier and knocked out electricity to 2.67 million Florida homes and businesses — nearly a quarter of utility customers. Four people were confirmed dead in Florida. They included two residents of hard-hit Sanibel Island along Florida’s west coast, Sanibel city manager Dana Souza said late Thursday. Three other people were reported killed in Cuba after the hurricane struck there on Tuesday. In the Fort Myers area, homes had been ripped from their slabs and deposited among shredded wreckage. Businesses near the beach were completely razed, leaving twisted debris. Broken docks floated at odd angles beside damaged boats and fires smoldered on lots where houses once stood. “I don’t know how anyone could have survived in there,” William Goodison said amid the wreckage of the mobile home park in Fort Myers Beach where he’d lived for 11 years. Goodison rode out the storm at his son’s house inland. The hurricane tore through the park of about 60 homes, many of them destroyed or mangled beyond repair, including Goodison’s single-wide home. Wading through waist-deep water, Goodison and his son wheeled two trash cans containing what little he could salvage — a portable air conditioner, some tools and a baseball bat. The road into Fort Myers was littered with broken trees, boat trailers and other debris. Cars were left abandoned in the road, having stalled when the storm surge flooded their engines. Florida Gov. Ron DeSantis said at least 700 rescues, mostly by air, have been conducted so far and involving the U.S. Coast Guard, the National Guard and urban search-and-rescue teams. After leaving Florida as a tropical storm Thursday and entering the Atlantic Ocean north of Cape Canaveral, Ian spun up into a hurricane again with winds of 75 mph.     A hurricane warning was issued for the South Carolina coast and extended to Cape Fear on the southeastern coast of North Carolina. With tropical-storm force winds reaching about 415 miles from its center, Ian was forecast to shove storm surge of 5 feet into coastal areas in Georgia and the Carolinas. Rainfall of up to 8 inches threatened flooding from South Carolina to Virginia. National Guard troops were being positioned in South Carolina to help with the aftermath, including any water rescues. On Thursday afternoon, a steady stream of vehicles left Charleston, a 350-year-old city. Sheriffs in southwest Florida said 911 centers were inundated by thousands of stranded callers, some with life-threatening emergencies. The U.S. Coast Guard began rescue efforts hours before daybreak on barrier islands near where Ian struck, DeSantis said. More than 800 federal urban search-and-rescuers were also in the area. In the Orlando area, Orange County firefighters used boats to reach people in a flooded neighborhood. Patients from a nursing home were carried on stretchers across floodwaters to a bus. In Fort Myers, Valerie Bartley’s family spent desperate hours holding a dining room table against the patio door, fearing the storm “was tearing our house apart.” “I was terrified,” Bartley said. “What we heard was the shingles and debris from everything in the neighborhood hitting our house.” The storm ripped away patio screens and snapped a palm tree in the yard, Bartley said, but left the roof intact and her family unharmed. Long lines formed at gas stations in Fort Myers and a Home Depot hardware store opened, letting in a few customers at a time. Frank Pino was near the back of the line, with about 100 people in front of him. “I hope they leave something,” Pino said, “because I need almost everything.” A 72-year-old man in Deltona died after falling into a canal while using a hose to drain his pool in the heavy rain, the Volusia County Sheriff’s Office said. A 38-year-old man from Lake County died Wednesday in an accident after his vehicle hydroplaned, according to authorities. Lee County Sheriff Carmine Marceno said his office was scrambling to respond to thousands of 911 calls in the Fort Myers area, but many roads and bridges were impassable. Emergency crews sawed through toppled trees to reach stranded people. Many in the hardest-hit areas were unable to call for help because of electrical and cellular outages. A chunk of the Sanibel Causeway fell into the sea, cutting off access to the barrier island where 6,300 people live. South of Sanibel Island, the historic beachfront pier in Naples was destroyed, with even the pilings torn out. “Right now, there is no pier,” said Collier County Commissioner Penny Taylor. In Port Charlotte, a hospital’s emergency room flooded and fierce winds ripped away part of the roof, sending water gushing into the intensive care unit. The sickest patients — some on ventilators — were crowded into the middle two floors as the staff prepared for storm victims to arrive, said Dr. Birgit Bodine of HCA Florida Fawcett Hospital. Ian struck Florida with 150 mph winds that tied it for the fifth-strongest hurricane ever to hit the U.S. While scientists generally avoid blaming climate change for specific storms without detailed analysis, Ian’s watery destruction fits what scientists have predicted for a warmer world: stronger and wetter hurricanes, though not necessarily more of them. “This business about very, very heavy rain is something we’ve expected to see because of climate change,” said MIT atmospheric scientist Kerry Emanuel. “We’ll see more storms like Ian.”

Ian swamps southwest Florida, disrupting travel, lives in chaotic scene

ST. PETERSBURG, Fla. — Hurricane Ian carved a path of destruction across Florida, trapping people in flooded homes, cutting off the only bridge to a barrier island, destroying a historic waterfront pier and knocking out power to 2.5 million people as it dumped rain over a huge area on Thursday. The Federal Motor Carrier Safety Administration (FMCSA) has declared a regional emergency for areas of the south and southeast United States due to Hurricane Ian, waiving hours of service regulations in some situations. This comes as Florida has suspended tolls on certain roadways, and the state has also waived hours of service requirements for big rig drivers as a result of the storm. Catastrophic flooding was threatened around the state as one of the strongest hurricanes to ever hit the United States crossed the peninsula. Ian’s tropical-storm-force winds extended outward up to 415 miles, drenching much of Florida and the southeastern Atlantic coast. “It crushed us,” Lee County Sheriff Carmine Marceno told ABC’s “Good Morning America.” He said roads and bridges remained impassable, stranding thousands in the county where Ian made landfall just north of Fort Myers. “We still cannot access many of the people that are in need.” Authorities confirmed at least one storm death in Florida — a 72-year-old man in Deltona who fell into a canal while using a hose to drain his pool in the heavy rain, the Volusia County Sheriff’s Office said. Two people died in Cuba after Ian struck there. Marceno said that while he lacked any details, he believed the death toll would be “in the hundreds.” Gov. Ron DeSantis later said that toll was not confirmed and was likely an estimate based on 911 calls. President Joe Biden formally issued a disaster declaration Thursday, and Deanne Criswell, administrator of the Federal Emergency Management Agency, said the agency is supporting search and rescue efforts. The U.S. Coast Guard also began rescues on southwest Florida’s barrier islands early Thursday, as soon as winds died down, DeSantis said. “The Coast Guard had people who were in their attics and got saved off their rooftops,” DeSantis said. “We’ve never seen storm surge of this magnitude … The amount of water that’s been rising and will likely continue to rise today even as the storm is passing, is basically a 500-year flooding event.” A chunk of the Sanibel Causeway fell into the sea, cutting off access to the barrier island where 6,300 people normally live. How many heeded mandatory evacuation orders before the storm surge washed over the island wasn’t known. South of Sanibel, towering waves destroyed the historic beachfront pier in Naples, tearing out even the pilings underneath. “Right now, there is no pier,” said Penny Taylor, a commissioner in Collier County, which includes Naples. Emergency crews sawed through toppled trees to reach flooded homes, but with no electricity and virtually no cell service, it was impossible for many people to call for help when the surge filled their living rooms. “Portable towers are on the way for cell service. Chances are your loved ones do not have ability to contact you,” said the sheriff’s office in Collier County, which includes Naples. “We can tell you as daylight reveals the aftermath, it’s going to be a hard day.” In Fort Myers, Valerie Bartley was terrified as her family spent desperate hours holding a dining room table against their patio door as debris slammed into their house. “We just assumed that it was tearing our house apart,” she said. As the storm raged outside, she said her 4-year-old daughter grabbed her hand and said: “I’m scared too, but it’s going to be OK.” Ian made landfall Wednesday near Cayo Costa, a barrier island just west of heavily populated Fort Myers, as a Category 4 hurricane with 150 mph winds, tying it for the fifth-strongest hurricane, when measured by wind speed, ever to strike the U.S. Ian’s center came ashore more than 100 miles south of Tampa and St. Petersburg, sparing them their first direct hit by a major hurricane since 1921. Water drained from Tampa Bay as it approached, then returned with a surge. The National Hurricane Center said Ian was expected to regain near-hurricane strength after emerging over Atlantic waters near the Kennedy Space Center, with South Carolina in its sights for a second U.S. landfall. Meanwhile, a stretch of the state remained under as much as 10 feet of water Thursday morning, with destructive waves “ongoing along the southwest Florida coastline from Englewood to Bonita Beach, including Charlotte Harbor,” the center said. In Port Charlotte, a hospital’s emergency room flooded and fierce winds ripped away part of the roof, sending water gushing down into the intensive care unit. The sickest patients — some on ventilators — were crowded into the middle two floors as the staff prepared for storm victims to arrive, said Dr. Birgit Bodine of HCA Florida Fawcett Hospital. The Florida Highway Patrol shut down the Florida Turnpike in the Orlando area due to significant flooding and said the main artery in the middle of the state will remain closed until water subsides. Calls from people trapped in flooded homes or from worried relatives flooded 911 lines. Pleas were also posted on social media sites, some with video showing debris-covered water sloshing toward the eaves of their homes. Brittany Hailer, a journalist in Pittsburgh, contacted rescuers about her mother in North Fort Myers, whose home was swamped by 5 feet of water. “We don’t know when the water’s going to go down. We don’t know how they’re going to leave, their cars are totaled,” Hailer said. “Her only way out is on a boat.” Another boat, carrying Cuban migrants, sank Wednesday in stormy weather east of Key West. The U.S. Coast Guard initiated a search and rescue mission for 23 people and managed to find three survivors about two miles south of the Florida Keys, officials said. Four other Cubans swam to Stock Island, just east of Key West, the U.S. Border Patrol said. Air crews continued to search for possibly 20 remaining migrants. The storm previously killed two people in Cuba, and brought down the country’s electrical grid. More than 2.5 million Florida homes and businesses were left without electricity, according to the PowerOutage.us site. Most of the homes and businesses in 12 counties were without power. Sheriff Bill Prummell of Charlotte County, just north of Fort Myers, announced a curfew between 9 p.m. and 6 a.m. “for life-saving purposes,” saying violators may face second-degree misdemeanor charges. “I am enacting this curfew as a means of protecting the people and property of Charlotte County,” Prummell said. At 8 a.m. Thursday, the storm was about 40 miles east of Orlando and 10 miles southwest of Cape Canaveral, carrying maximum sustained winds of 65 mph and moving toward the cape at 8 mph, the center said. Up to a foot of rain forecast for parts of Northeast Florida, coastal Georgia and the Lowcountry of South Carolina. As much as 6 inches could fall in southern Virginia as the storm moves inland over the Carolinas, and the center said landslides were possible in the southern Appalachian mountains. The governors of South Carolina, North Carolina, Georgia and Virginia all preemptively declared states of emergency.

Truckers preparing as Florida emergency declared ahead of strengthening Hurricane Ian

HAVANA — Hurricane Ian was growing stronger as it barreled toward Cuba on a track to hit Florida’s west coast as a major hurricane as early as Wednesday. Ian was forecast to hit the western tip of Cuba as a major hurricane and then become an even stronger Category 4 with top winds of 140 mph over warm Gulf of Mexico waters before striking Florida. Truck drivers and others involved in freight movement and the logistics industry are already preparing, although it’s not yet clear exactly where the storm will make landfall. “Right now, we just don’t know, but I’ve got a few rigs that run throughout Florida, so we are preparing to begin taking them off the roads as soon as forecasters tell u where the storm will hit,” said Jim Crume, who owns a small trucking company based in Tampa Bay. “If we need to, we can help haul water or other things after the storm is over. Wherever it hits is gonna need a lot of help.” As of Monday, Tampa and St. Petersburg appeared to be the among the most likely targets for their first direct hit by a major hurricane since 1921. “Please treat this storm seriously. It’s the real deal. This is not a drill,” Hillsborough County Emergency Management Director Timothy Dudley said at a news conference on storm preparations in Tampa. Authorities in Cuba were evacuating 50,000 people in Pinar del Rio province, sent in medical and emergency personnel, and took steps to protect food and other crops in warehouses, according to state media. “Cuba is expecting extreme hurricane-force winds, also life-threatening storm surge and heavy rainfall,” U.S. National Hurricane Center senior specialist Daniel Brown told The Associated Press. The hurricane center predicted areas of Cuba’s western coast could see as much as 14 feet of storm surge Monday night or early Tuesday. In Havana, fishermen were taking their boats out of the water along the famous Malecon, the seaside boardwalk, and city workers were unclogging storm drains ahead of the expected rain. Havana resident Adyz Ladron, 35, said the potential for rising water from the storm worries him. “I am very scared because my house gets completely flooded, with water up to here,” he said, pointing to his chest. In Havana’s El Fanguito, a poor neighborhood near the Almendares River, residents were packing up what they could to leave their homes, many of which show damage from previous storms. “I hope we escape this one because it would be the end of us. We already have so little,” health worker Abel Rodrigues, 54, said. On Monday night, Ian was moving northwest at 13 mph, about 130 miles southeast of the western tip of Cuba, with top sustained winds increasing to 100 mph. The center of the hurricane passed to the west of the Cayman Islands, but no major damage was reported there Monday, and residents were going back into the streets as the winds died down. “We seem to have dodged the bullet” Grand Cayman resident Gary Hollins said. “I am a happy camper.” Ian won’t linger over Cuba but will slow down over the Gulf of Mexico, growing wider and stronger, “which will have the potential to produce significant wind and storm surge impacts along the west coast of Florida,” the hurricane center said. Back in Florida, driver Flo Sanders, who works regional routes along the Gulf Coast, said she is anxious over the storm. She’s only been driving big rigs for two years and is from Iowa. “We don’t have anything like this up there,” she said. “I really don’t know what to expect. I am working off the advice of more experienced drivers. The best thing to do is just shut it down in the areas you know will be affected by the storm. I just hope no one gets caught off guard.” A surge of up to 10 feet of ocean water and 10 inches of rain was predicted across the Tampa Bay area, with as much as 15 inches inches in isolated areas. That’s enough water to inundate coastal communities. As many as 300,000 people may be evacuated from low-lying areas in Hillsborough County alone, county administrator Bonnie Wise said. Some of those evacuations were beginning Monday afternoon in the most vulnerable areas, with schools and other locations opening as shelters. “We must do everything we can to protect our residents. Time is of the essence,” Wise said. Floridians lined up for hours in Tampa to collect bags of sand and cleared store shelves of bottled water. Gov. Ron DeSantis declared a statewide emergency and warned that Ian could lash large areas of the state, knocking out power and interrupting fuel supplies as it swirls northward off the state’s Gulf Coast. “You have a significant storm that may end up being a Category 4 hurricane,” DeSantis said at a news conference. “That’s going to cause a huge amount of storm surge. You’re going to have flood events. You’re going to have a lot of different impacts.” DeSantis said the state has suspended tolls around the Tampa Bay area and mobilized 5,000 Florida state national guard troops, with another 2,000 on standby in neighboring states. President Joe Biden also declared an emergency, authorizing the Department of Homeland Security and the Federal Emergency Management Agency to coordinate disaster relief and provide assistance to protect lives and property. The president postponed a scheduled Tuesday trip to Florida because of the storm. The Tampa Bay Buccaneers announced Monday night that the football team was relocating football operations to the Miami area in preparation for next weekend’s game against the Kansas City Chiefs. The Buccaneers said the team will leave Tampa on Tuesday and relocate in Miami-Dade County. The Buccaneers are expected to practice at the Miami Dolphins’ training complex in Miami Gardens, Florida, starting on Wednesday and continue through this week’s preparations, if necessary. Flash flooding was predicted for much of the Florida peninsula, and heavy rainfall was possible for the southeast United States later this week. With tropical storm force winds extending 115 miles from Ian’s center, watches covered the Florida Keys to Lake Okeechobee. Bob Gualtieri, sheriff of Pinellas County, Florida, which includes St. Petersburg, said in a briefing that although no one will be forced to leave, mandatory evacuation orders are expected to begin Tuesday. “What it means is, we’re not going to come help you. If you don’t do it, you’re on your own,” Gualtieri said. Zones to be evacuated include all along Tampa Bay and the rivers that feed it. St. Petersburg Mayor Ken Welch urged residents not to ignore any evacuation orders. “This is a very real threat that this storm poses to our community,” Welch said. The hurricane center has advised Floridians to have survival plans in place and monitor updates of the storm’s evolving path.     Solera Fleet Solutions/Omnitracs offers the following hurricane safety tips for truck drivers: Don’t forget to prepare for the before, during and after. Before a hurricane hits, there are various ways drivers can prepare themselves and their cabs for the storm. Drivers can — and should — prepare for the worst-case scenarios, including getting caught in the middle of the hurricane or its aftermath. While it is always imperative that drivers aim to be off the road during a hurricane, they should get off the road as slowly and carefully as possible if they find themselves stuck in one. While driving during and after a hurricane, avoid driving through pools of water. Standing water can hide fallen power lines and sinkholes and may look far less deep than it is. Get ahead of the weather and route. The National Weather Service will issue three different kinds of alerts with impending hurricanes. The first alert is an advisory, which signifies potentially hazardous, but mostly non-life-threatening inconveniences. The second alert is a watch, which indicates a potential tropical storm or hurricane within 48 hours. The third and most crucial alert is a warning signifying an impending tropical storm or hurricane within 36 hours. If driving in areas that are potentially sensitive to hurricanes, drivers should look through their planned route before they go to stay in the know on how to prepare best. If driving through one of these areas, be sure to tune into the local weather radio station and continuously monitor weather updates. Remember that safety and flexibility go hand in hand. Nothing is worth jeopardizing personal safety or the safety of others. The sheer weight and size of commercial motor vehicles, coupled with weather-related incidents, can result in massive disasters on the road. Any reasonable customer or manager should and must understand that safety is the top priority while drivers are on the road, so keep a flexible mentality. Communicate delays to routes as needed; remember, slow and safe is better than fast and sorry. Practice open communication. While experienced fleet managers and dispatchers prioritize driver safety, they’re not in the driver’s seat. Drivers should keep the lines of communication with them open, so they know what drivers see when they see it. Open communication also helps back-office teams reroute drivers as needed, so they can further avoid dangerous routes altogether. Equip the truck with the right necessities. Drivers should ensure their cab is fully stocked with the proper necessities on the road. Here are the vital supplies drivers will want to keep on hand: Bottled water and non-perishable food. Rain gear, such as umbrellas, ponchos, and boots. A pack of different types of batteries. A flashlight or headlamp. A portable phone charger. Protective cold-weather gear, including gloves, warm clothing, and blankets. Other hurricane safety tips and resources are available from the National Weather Service. Meanwhile, the American Logistics Aid Network is urging Florida and Gulf Coast residents to prepare — and asking members of the logistics community who aren’t located near the storm’s path to be ready to help. “Over the next few days Hurricane Ian has the potential to deliver high winds, strong rains and a significant storm surge across many parts of Florida,” Kathy Fulton, ALAN’s executive director, said. “We are mobilizing accordingly.” Late last week, ALAN began what Fulton calls the preparedness stage of the disaster relief organization’s storm activation, which includes: Providing pre-storm information about the storm’s latest path and supply chain impacts via its Supply Chain Intelligence Center, which can be accessed for free at www.alanaid.org/map. Updating ALAN’s Disaster Micro-site with helpful links for those who are in Hurricane Ian’s cone of concern. That site is also where ALAN will share any specific requests for logistics assistance that it receives because of the storm. Checking in with members of the nonprofit and disaster relief community to find out what resources they anticipate needing. Working closely with government and industry officials to share critical disaster and supply chain information. ALAN’s response relief efforts — which include fielding and filling specific requests for logistics help — will commence later this week if the storm’s strength and path continue as predicted. “Most of our requests for assistance arrive after a hurricane or tropical storm has hit,” Fulton said. “That’s because each storm winds up having very different outcomes and pain points.  And you really can’t predict what those will be – and where relief organizations will require supply chain assistance the most – until after the storm has moved through.” As always, Fulton said that ALAN hopes these measures will prove to be merely precautionary. “Over the years we’ve seen some potentially catastrophic hurricanes that have turned into relatively minor events while others have morphed into far more deadly and destructive events than expected,” she said. “We are praying that Hurricane Ian will turn out to be the former.  However, if it isn’t, we want people to remember that ALAN is here to help – and to do everything in their power to keep themselves and their loved ones safe.” The Associated Press contributed to this report.

Senate confirms Robin Hutcheson to lead FMCSA

WASHINGTON — The Senate confirmed Robin Hutcheson on Thursday, Sept. 22, to lead the Federal Motor Carrier Safety Administration (FMCSA) as the agency’s administrator. Hutcheson’s background includes transportation administration at the local level. She previously served as the transportation director for Salt Lake City and the director of public works for Minneapolis. Hutcheson will serve as the agency first permanent administrator since Ray Martinez stepped down in October 2019. Since then, the agency has been directed by Jim Mullen, Wiley Deck, Meera Joshi and Hutcheson – all in an acting administrator capacity. Trucking organizations lauded Hutcheson’s confirmation. “OOIDA (Owner-Operator Independent Drivers Association) has quickly developed a valued relationship with Ms. Hutcheson since her appointment as acting administrator in January,” OOIDA President Todd Spencer said. “Under her leadership, we are hopeful these discussions will result in solutions to longstanding problems within the industry such as parking, predatory leasing agreements, excessive detention time, and inadequate compensation among others. If the agency prioritizes issues like these in a cooperative manner with professional drivers, the trucking profession will become more appealing to all.” Truckload Carriers Association (TCA) President Jim Ward hailed the confirmation as “a tremendous step for the industry.” “Speaking on behalf of the association, I am pleased to see this confirmation come to fruition,” Ward said. “In the short time that she has been there, the Administrator has demonstrated a passion for safety improvement and a willingness to engage with the industry. We are looking forward to working with her on truckload related safety measures in the future.” The confirmation comes on the heels of TCA’s Call on Washington program, in which association leadership had the pleasure of meeting with the now Administrator and her staff. TCA Chairman John Elliott, CEO of Load One, LLC based in Taylor, Michigan, commented, “We had the pleasure of meeting with Administrator Hutcheson in Washington, D.C., at Department of Transportation headquarters and were thrilled with the positive working partnership that is certain to continue under her leadership. I am confident that the industry, in collaboration with Robin and her staff, will work together towards making interstate travel a safer environment for everyone on the road.” American Trucking Association’s (ATA) President and CEO Chris Spear offered his congratulations to Hutcheson. “In her time as acting administrator, Robin has been a true partner with our industry — working to confront a number of issues facing trucking,” Spear said. “Whether it is addressing safety concerns, ongoing supply chain issues or workforce development, she has been open to engaging with our industry and we look forward to continuing our ongoing, candid dialogue about these challenges and to engaging with her and her agency to implement solutions that uphold safety and improve efficiency in trucking and across the supply chain.” The Intermodal Association of North America (IANA) also commended the Senate’s vote to approve Hutcheson’s nomination. “IANA welcomes the news of Administrator Hutcheson’s confirmation by unanimous consent. The Association has developed a decades-long working relationship with the FMCSA, and we look forward to our continuing collaboration in the areas of safety, data-sharing and industry-compliance tools,” Joni Casey, president and CEO of IANA.

Judge rules RI truck tolling system must end

PROVIDENCE, R.I. — A federal judge ruled Wednesday that Rhode Island’s truck tolling system must end within 48 hours, saying the program to fund repairs to the state’s bridges discriminates against out-of-state truckers and is unconstitutional. The RhodeWorks tolling system was begun in 2018 to create a funding stream for repairs to about 650 bridges in the state that were either structurally deficient or close to becoming structurally deficient. But U.S. District Court Judge William E. Smith wrote the system aimed at commercial tractor-trailers “was enacted with a discriminatory purpose.” Smith’s 91-page ruling said the system violated a clause of the U.S. Constitution that bars states from passing legislation that discriminates against or excessively burdens interstate commerce. He wrote that an injunction to end the program “shall take effect 48 hours following entry of final judgment.” The American Trucking Associations hailed a decision. “We told Rhode Island’s leaders from the start that their crazy scheme was not only discriminatory, but illegal,” ATA President and CEO Chris Spear said. “We’re pleased the court agreed. To any state looking to target our industry, you better bring your A-game… because we’re not rolling over.” ATA, along with Cumberland Farms Inc., M&M Transport Services Inc. and New England Motor Freight, sued Rhode Island, arguing that the RhodeWorks plan violates the Constitution’s Commerce Clause by discriminating against out-of-state economic interests in order to favor in-state interests, and by designing the tolls in a way that does not fairly approximate motorists’ use of the roads. “It has been a long road to get to this point,” Rhode Island Trucking Association President Chris Maxwell said, “but this is a tremendous day for our industry – not just here in Rhode Island, but across the country – had we not prevailed, these tolls would have spread across the country and this ruling sends a strong signal to other states that trucking is not to be targeted as a piggy bank.” ATA General Counsel Rich Pianka called the ruling “strong.” It “provides our industry a significant win on a critical issue,” he said. “This ruling vindicates ATA’s contention that the Constitution prohibits states from tolling schemes targeted at the trucking industry, at the expense of interstate commerce.” Truckload Carriers Association (TCA) Chairman John Elliott said that TCA “is tremendously pleased with the recent court ruling that deemed Rhode Island’s tolling system unconstitutional and discriminatory toward trucking. TCA and its members are fully in support of contributing to our national infrastructure funds, but through fair and consistent practices. We have supported ATA’s legal efforts throughout this case and applaud all those involved in securing this win for trucking.” The trucking industry filed a court challenge against the system in 2018, saying in part it discriminated against out-of-state economic interests in order to favor in-state interests. The state held the legal position that the federal court cannot restrain the collection of state taxes, such as tolls, and state matters should be adjudicated in state court. “We told Rhode Island’s leaders from the start that their crazy scheme was not only discriminatory, but illegal,” said Chris Spear, president and chief executive of the American Trucking Associations, in a statement Wednesday. “We’re pleased the court agreed.” The other plaintiffs were Cumberland Farms Inc., M&M Transport Services Inc. and New England Motor Freight. The state has collected about $101 million in tolls since 2018, including nearly $40 million during the fiscal year that ended June 30, according to a state Transportation Department. Tolls are collected electronically via gantries spanning the state’s major highways. The decision sets a standard that prevents other states from setting up similar tolling systems, said Rhode Island Trucking Association President Chris Maxwell. “Had we not prevailed, these tolls would have spread across the country and this ruling sends a strong signal to other states that trucking is not to be targeted as a piggy bank,” he said. Former Gov. Gina Raimondo signed the bill authorizing the tolls in 2016, and the state began collecting them in 2018. Raimondo justified tolling trucks, saying big rigs caused the most damage to roads. The state is considering its options, according to a statement from the office of current Democratic Gov. Dan McKee. But the administration reiterated that it is not considering tolling passenger vehicles. “As this ruling has just come out, our team is reviewing the decision and evaluating next steps,” the statement said. The suit was at first dismissed by a federal district court which said it lacked jurisdiction and the case should be heard in state court. But t he 1st U.S. Circuit Court of Appeals in 2020 reversed the lower court ruling, sending it back to district court. The Associated Press contributed to this report.

Deal that prevented rail strike still needs worker support

OMAHA, Neb. — A last-minute deal prevented a railroad strike for now, but many rail workers remain unhappy with working conditions, including some who protested outside their workplaces Wednesday ahead of votes to approve the new contracts. Meanwhile, members of the trucking industry have been anxiously watching the situation, hopeful for a positive outcome. American Trucking Associations President and CEO Chris Spear congratulated the nation’s freight railroads and their unions on reaching a deal and averting a potentially economically catastrophic strike. “Our supply chain is entirely interdependent, making the potential for a nationwide rail stoppage a serious threat to our nation’s economic and national security,” Spear said. “We applaud both sides for reaching a tentative agreement that averts this outcome and permits our supply chain to continue climbing out of this COVID-induced rut.” Spear and others said that there would be no way the trucking industry could take up the slack if railroads were to strike. There simply aren’t enough trucks or drivers to manage all the freight. Two weeks ago, Spear sent a letter to Capitol Hill warning of the risks of a nationwide rail strike. Handfuls of workers gathered outside railyards across the country in pickets organized by a newly formed workers group separate from the 12 unions that negotiated the deals last week with the major U.S. freight railroads. The protesters expressed dissatisfaction with the deals, just as the unions are trying to explain the potential benefits they negotiated to their roughly 115,000 members ahead of contract votes. Fears about the dire economic consequences of a rail strike that could cripple all kinds of businesses that rely on railroads to deliver raw materials and finished goods prompted the Biden administration to jump into the middle of the contract talks last week and urge both sides to reach an agreement. The contract talks included Union Pacific, Norfolk Southern, BNSF, CSX, Kansas City Southern and a number of other railroads, so the entire country would have been affected by a strike. Nearly a dozen BNSF workers gathered near Minot, North Dakota, Wednesday with homemade signs declaring “We demand more!!” and “We will not back down.” Another group of a half dozen workers stood outside their worksite in Olathe, Kansas, with signs saying “Railroad greed driving inflation” and “Greedy railroads harming nations supply chain.” Workers’ concerns about time off and demanding attendance policies at the railroads took center stage in the negotiations. In the end, the unions that represent engineers and conductors secured a promise of three extra unpaid days off for workers to attend doctors’ appointments without being penalized and improved scheduling of days off to go with the 24% raises and $5,000 in bonuses that a special board appointed by President Joe Biden recommended this summer for the five-year deals. It remains to be seen whether those concessions are enough to get workers to vote for these deals. A branch of the International Association of Machinists and Aerospace Workers union rejected a deal last week that didn’t include those extra days off, so they are back at the table now working on a new pact. Two smaller unions did approve their deals, but the nine other unions will be counting their votes at various times over the next two months. The two biggest unions that held out the longest — the Brotherhood of Locomotive Engineers and Trainmen union that represents engineers, and the Transportation Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers union that represents conductors — aren’t expected to report the results of their votes until mid November. Members of those unions are still waiting to see all the details of the deals that Biden announced last Thursday because lawyers are still finalizing everything before the full agreements get released. That puts any potential for a strike out beyond the midterm elections, which mitigates the potential political impact of the talks for Biden and the Democrats. If any of the unions do reject their contracts, Congress could still be forced to step in. Recently retired engineer Marilee Taylor, who left the railroad in Chicago after more than 30 years earlier this year when BNSF imposed the strictest attendance policy in the industry, said she doesn’t think the tentative agreements do enough to address the schedule and workload concerns after the major railroads eliminated nearly one-third of their workforces over the past six years. Unions say the railroads’ strict policies make it hard to take any time off without a penalty. “The issue remains we’re working fatigued,” said Taylor, who is active with the Railroad Workers United coalition that urged workers to go on strike. “The safety of ourselves, our coworkers and the people that we serve — whose communities we run through — are at risk …. These conditions are losing many, many workers who cannot maintain 90% of their every breathing moment in service or at the behest of the railroad.” Norfolk Southern engineer Hugh Sawyer said it’s hard to tell how many workers will ultimately vote for these deals because they might decide these agreements are the best they can get, although he said he’s not hearing many people happy with them. Even if they remain frustrated, workers may not be willing to go on strike and risk having Congress intervene and impose a contract on them that could be worse than what the unions agreed to. “We’re sick and tired of the way we’re treated out there,” said Sawyer, a 34-year veteran of the railroad who serves as treasurer of the Railroad Workers United group that includes workers from all the unions. “There’s a lot of anger out there.” One example of the schedule challenges rail workers face is that Sawyer just had outpatient surgery done earlier this week on one of his days off, but he has no idea when he’ll be able to schedule an appointment to have the stitches removed from his head next week because he’ll be on call then and doesn’t know when he’ll be working. “It’s just ridiculous,” he said. The Trucker Staff contributed to this report.