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As election certification continues, trucking industry awaits impact from likely administration change

More than two weeks after the Nov. 3 election, President Donald Trump has yet to concede the race. Former Vice President Joe Biden, the projected winner according to most of the major news organizations, is preparing to assume the presidency on Inauguration Day, Jan. 20. In the meantime, the Trump team has filed a bevy of lawsuits alleging election fraud in several states. While the counting — and recounting — continues, two critical U.S. Senate races in Georgia won’t be decided until results from the Dec. 1 runoff election are final. Georgia election law specifies that the winner of an election must receive at least 50% of the vote. If that doesn’t happen, a runoff election is held between the top two vote-getters. Currently, Republicans hold a 50-48 edge in the U.S. Senate. Winning both of the Georgia seats would create a 50-50 tie, with Democratic Vice President-elect Kamala Harris casting the tie-breaking vote. Winning either Georgia seat would ensure the Republicans a Senate majority. Both parties are pouring massive amounts of cash into the races and sending high-level representatives to aid the campaign. The House of Representatives remains firmly under Democratic control, although Republicans picked up some seats and several more are still contested. While most trucking organizations refrained from making statements about the election results, the American Trucking Associations (ATA) issued a Nov. 7 press release congratulating Biden and Harris on their victories. CEO Chris Spear made the statement, “We congratulate President-elect Biden and Vice President-elect Harris on their hard-earned victory, and we look forward to working with their administration to strengthen the economy and rebuild our national infrastructure.” “Trucking’s story speaks to all of America, not one specific political party,” Spear said. “Just like the great industry we represent, ATA is about getting the job done.” Ellen Voie, president and CEO of the Women In Trucking Association, provided this statement to The Trucker: “As part of a heavily regulated industry, we appreciate the opportunity to allow the market to dictate the way we move forward with technology, labor practices and more.” She continued, “However the election ends, we want a president who will appreciate this industry’s passion for safety, efficiency and competition. At the Women In Trucking Association, our goal is greater gender diversity and we will bring more women into the industry in the coming years, regardless of the outcome of the election.” In the Nov. 3 election, record numbers of votes were cast by mail, with a number of states promising to count them even if they arrived late — up to 10 days late — as long as they were postmarked by election day. Mail-in votes tend to trend for Democratic candidates, and Trump repeatedly encouraged his followers to vote in person to avoid potential issues with the U.S. Postal Service. If Congress remains divided, it will undoubtedly lead to more gridlock in the next four years. Legislation that is important to trucking, such as a bill to rebuild the country’s crumbling infrastructure, will likely suffer as each party insists on the provisions it wants included. In the past, Democrats have called for more investment in “green” technology such as charging stations and renewable-energy subsidies, while Republicans have insisted on more cash for road and bridge repair. Another issue expected to be hotly contested is the economy. While the president can mandate some actions with executive orders, long-term actions such as tax cuts must be passed by Congress. The two chambers will undoubtedly disagree, as Republicans argue that tax cuts stimulate spending while the Democrats prefer government stimulus, funded by more tax dollars. The Democratic platform also calls for increasing the minimum wage to $15 and the classification of independent contractors as employees, two actions that would impact trucking if passed. COVID-19 will be another factor in upcoming legislation. Both parties claim they want to stimulate the economy by putting money into the hands of citizens, but both want to include funding for partisan projects to which their opponents object. We can expect Congress to continue bickering over another economic stimulus package, infrastructure, labor law, energy independence and other topics. The area where the undecided presidential election is likely to have the greatest impact is in presidential appointments to federal agencies. The Department of Transportation and Environmental Protection Agency, in particular, have a large impact on the trucking industry. Recently, Democratic Sen. Ed Markey of Massachusetts sent a letter to the Federal Motor Carrier Safety Administration’s deputy administrator, Wiley Deck, accusing the agency of a “loophole-ridden and patchwork system of accountability.” The letter questioned why FMCSA hasn’t developed tighter standards for granting authority to new applicants, what is being done about states that are slow to submit information about driver-safety violations, and why the agency hasn’t developed a single source that carriers can use to check driver backgrounds, among other things. Additionally, several unions, including the Teamsters, have expressed opposition to recent changes in hours-of-service regulations that give drivers more leeway in deciding how to use rest periods. Because labor unions typically support Democratic candidates, it’s reasonable to assume that leadership appointed by a Biden administration would be sympathetic to both Markey’s letter and union demands. New leadership at the EPA might also impact trucking. Trump has issued an executive order that, in effect, negated fuel mileage and emissions standards imposed by former President Barack Obama, angering Democrats. As president, Biden could reinstate those standards. Fuel prices might also suffer under a Biden administration. The former vice president has promised to eliminate fracking in at least some situations. Both he and Vice President-elect Harris have threatened an outright ban on fracking, but Biden backed off from that threat as election day neared. What he hasn’t backed off from is a promise to transition the country away from petroleum in favor of renewable energy. All of this stands to push fuel pricing upward. Until renewable energy resources are developed to replace fossil fuel use in transportation, the U.S. could return to dependence on foreign oil to meet its needs. A Department of Labor led by a Biden appointee would likely address the classification of employees, following a plank in the Democratic platform that claims owner-operators and contractors are misclassified. The resulting confusion, as well as higher costs for trucking companies, would not be helpful. Of course, if Trump is successful in contesting election results in swing states and ends up the winner, his administration would most likely continue both current leadership and policy at the DOT, FMCSA, EPA and DOL — generally considered to be more favorable to the trucking industry than a Biden administration would be. As of this writing, the prospects of a Trump victory are very slim, but his team is pressing onward.

Border agents discover marijuana valued at nearly $600k hidden in tractor-trailer

LAREDO, Texas — On Nov. 15, U.S. Customs and Border Protection agents assigned to the Freer Station checkpoint seized 373 pounds of marijuana, with a street value of about $589,604, that was hidden inside a tractor-trailer. The incident happened late in the evening, when a tractor-trailer, driven by a Mexican national, approached the checkpoint. During an immigration inspection of the driver, a service canine alerted to the vehicle. The driver was referred to secondary inspection, where agents discovered several taped bundles of marijuana inside the trailer. Investigation into the case was turned over to Special Agents of the Drug Enforcement Administration who took custody of the narcotics and seized the tractor and trailer.

Fired truck driver to get $165,000 in gender bias settlement

MINNEAPOLIS— A Twin Cities truck driver who was fired because she failed a strength test following a workplace injury has been awarded $165,000 from her former employer, a court document shows. U.S. District Judge Nancy Brasel on Friday, Oct. 16, approved the settlement of the May 2019 gender discrimination lawsuit filed by the Equal Employment Opportunity Commission on behalf of Alana Nelson. In addition to ordering Stan Koch & Sons Trucking to pay Nelson’s back wages, the settlement requires the trucking company to apologize to her either in person or via video hookup, the Star Tribune reported. The company also must put a written policy in place and train its front office employees about discrimination and retaliation. The settlement noted that Nelson, 56, of St. Paul Park, received “a separate private settlement” from Koch & Sons, but the amount was not listed in the court document.

FMCSA allows tanker trucks to use pulsating amber or red brake lights to enhance safety

WASHINGTON — Motor carriers hauling tank trailers can now install a red or amber brake-activated pulsating light on the rear of the trailers, according to a recent decision by the Federal Motor Carrier Safety Administration (FMCSA). The pulsating light must be positioned in the upper center position or an upper dual outboard position, and be used in addition to the steady-burning brake lights required by Federal Motor Carrier Safety Regulations (FMCSRs). According to an Oct. 8 notice in the Federal Register, FMCSA has granted a limited five-year exemption in response to a September 2019 application by National Tank Truck Carriers Inc. (NTTC), noting, “The agency has determined that granting the exemption would likely achieve a level of safety equivalent to or greater than the level of safety provided by the regulation.” The limited exemption will expire Oct. 8, 2025. NTTC is an association that includes more than 200 tank truck companies responsible for transporting more than 80% of the volume in the tank-hauling industry. According to the Federal Register notice, most of NTTC’s members are regional, family-owned businesses that specialize in bulk transportation of hazardous products, such as petroleum products, chemicals, gases, and hazardous wastes. These companies also haul nonhazardous materials such as bulk foods and dry bulk products such as cement or plastic pellets. In its application for an exemption from 49 CFR 393.25(e), NTTC contended the pulsating brake-activated light, used in conjunction with the required steady-burning light, will improve visibility and help prevent accidents. “Rear-end crashes generally account for approximately 30% of all crashes. These types of crashes often result from a failure to respond (or delays in responding) to a stopped or decelerating lead vehicle. Data collected between 2010 and 2016 show that large trucks are consistently three times more likely than other vehicles to be struck in the rear in two-vehicle fatal crashes,” NTTC noted. NTTC cited a similar exemption granted by FMCSA to Groendyke Transport Inc., based on real-world demonstrations of the pulsing lights’ effectiveness in reducing the frequency of rear-end collisions. NTTC also cited studies conducted by the National Highway Traffic Safety Administration (NHTSA) on the issues of rear-end crashes, distracted driving and braking signals. In granting the current exemption, FMCSA noted that while flashing, rotating or pulsating red lights are usually only allowed on emergency vehicles, these vehicles use high-intensity lights that are visible on all sides of the vehicle, while the pulsating brake lights requested by NTTC are visible only from the rear of the vehicle, and only when the vehicle’s brakes have been activated. In addition, FMCSA said, the requested lights are similar in intensity and flash rate to rear-hazard lights currently allowed by FMCSRs. “This exemption is a simple, common sense way to reduce accidents in our industry. When Groendyke installed these lights on their trailers and petitioned FMCSA, all rear-end collisions dropped by 33.7%,” NTTC noted in a prepared statement on Oct. 8, 2020. “With the exemption expanded, this simple and highly effective safety practice is available to the entire tank truck industry with the full approval of FMCSA. For that, NTTC extends its thanks to Deputy Administrator (Wiley) Deck and the rest of FMCSA for its consideration of and action on this issue.”

Dispute over parking spot at California Petro leads to attempted homicide, sheriff’s office says

SANTA NELLA, Calif. — A Sacramento truck driver has been arrested on charges of attempted homicide after an altercation about a parking stop at a truck stop ended in a stabbing. At about 9 a.m. local time Friday, Sept. 18, Merced County Sheriff’s deputies were called to the Petro 2 Truck Stop on Gonzaga Road in Santa Nella, California, in response to a stabbing, according to a Facebook post by the department. When deputies arrived, they found the victim, who was not identified in the post, bleeding from multiple stab wounds to the head, neck, arm and chest. The suspect, Kuldeep Sandhu, of Sacramento was covered in blood and was being restrained by a bystander, the post states. Deputies were told that the victim and suspect, both truck drivers, got into a verbal argument over a parking spot at the gas pumps. During the argument, Sandhu allegedly produced a ceremonial knife and began stabbing the victim. The victim was flown to a local hospital in critical condition. Sandhu was arrested and booked into the Merced County Jail on charges of attempted homicide. The Merced County Sheriff’s Office asks that anyone with information regarding the incident is asked to the department’s investigations bureau at 209-385-7472.

Coalition including safety groups, Teamsters files petition in federal court challenging FMCSA’s new HOS regs

WASHINGTON — With the Federal Motor Carrier Safety Administration’s (FMCSA) new hours-of-safety service rules poised to go into effect Sept. 29, a coalition of three safety groups, along with the International Brotherhood of Teamsters, are asking a federal court to overturn the new regulations. The Public Citizen Litigation Group, which is representing Advocates for Highway and Auto Safety, Citizens for Reliable and Safe Highways (CRASH), Parents Against Tired Truckers (PATT) and the International Brotherhood of Teamsters, on Wednesday, Sept. 16, filed a petition with the U.S. Court of Appeals for the District of Columbia Circuit that seeks to invalidate the new HOS rules. The petition alone will not prevent the new rules from going into effect as scheduled. “The FMCSA is supposed to protect truck drivers and the public from unsafe driving conditions, but this rule does the opposite and puts the health and safety of these workers at risk,” said Adina Rosenbaum, a lawyer with the Public Citizen Litigation Group. Under the new HOS rules, drivers could be on the road up to 77 hours in seven days, which is nearly double the average American’s 40-hour workweek, she noted, adding, “Driver fatigue and crash risk are directly impacted by these grueling schedules, and ultimately public safety suffers.” FMCSA’s final HOS rules, which were finalized and published in the Federal Register June 1, 2020, make the following changes to current HOS regulations, according to the agency’s website: Expands the short-haul exception to 150 air-miles and allows a 14-hour work shift to take place; Expands the driving window during adverse driving conditions by up to an additional two hours; Requires a 30-minute break after eight hours of driving time (instead of on-duty time) and allows an on-duty/not driving period to qualify as the required break; and Modifies the sleeper berth exception to allow a driver to meet the 10-hour minimum off-duty requirement by spending at least seven, rather than at least eight hours of that period in the berth and a minimum off-duty period of at least two hours spent inside or outside the berth, provided the two periods total at least 10 hours, and that neither qualify period counts against the 14-hour driving window. “FMCSA has bowed to special trucking industry interests at the expense of highway safety, seeking longer workdays for drivers who are already being pushed to the limit,” said James P. Hoffa, general president of the International Brotherhood of Teamsters. Cathy Chase, president of Advocates for Highway and Auto Safety, describes trucking as “one of the most dangerous” jobs in the U.S. “Taking away a 30-minute break to get a cup of coffee or stretch one’s legs makes no sense,” she said, adding that driver fatigue is a “known major contributor” to vehicle crashes. “If I fall asleep on the job, my head hits the keyboard,” Chase noted. “If a truck driver falls asleep, his/her head hits the windshield.” Proponents of the new HOS regulations say that providing flexibility for professional drivers will allow them to more easily complete deliveries on schedule and provide time for them to find safe locations in which to take mandated breaks. “TCA strongly supports the premise of increased flexibility in the hours-of-service (HOS) regulations that will become effective on Sept. 29, based upon the very notion that the world of trucking has drastically changed since the current iteration of HOS rules were first introduced,” said David Heller, vice president of government affairs for the Truckload Carriers Association (TCA). “Increasing flexibility to the professional truck driver’s day allows drivers the opportunity to find safe and adequate parking, avoid congestion on our highways and combat the daily battle of detention time, and the upcoming HOS changes aid in accomplishing exactly that,” he continued, adding that the data generated the use of electronic logging devices (ELDs) has provided valuable insights into the time constraints under which drivers must operate. In a May statement responding to the development of FMCSA’s new HOS regulations, American Trucking Associations (ATA) also voiced support for the rules. “No rule will satisfy everyone, even within our industry, but this one — crafted with a tremendous amount of input and data — is a good example of how by working with stakeholders on all sides, government can craft a rule that simultaneously benefits the industry, specifically drivers, and maintains highway safety,” said Randy Guillot, ATA chairman and president of Triple G Express Inc. in New Orleans.

Sally makes landfall as Cat. 2 hurricane; FMCSA issues emergency exemptions for drivers providing direct assistance

GULF SHORES, Ala. — Hurricane Sally made landfall Wednesday, Sept. 16, at 4:45 a.m. Central time near Gulf Shores, Alabama, as a Category 2 with sustained winds up to 105 mph, according to reports from The Weather Channel and other news outlets. As storm surges and hurricane-force winds pound southeast Alabama and the western Florida Panhandle, heavy rains continue, adding to the significant flash flooding in numerous areas. Rainfall totals could reach 35 inches, resulting in catastrophic flooding near the Gulf Coast. In addition, tornado watches are expected to remain in effect until 6 p.m. local time for parts of Alabama, Florida and Georgia. At the time of this writing, nearly 500,000 homes and businesses have lost power in Alabama and Florida, according to PowerOutage.us. In response to the storm, the Southern Service Center of the Federal Motor Carrier Safety Administration (FMSCA) issued a regional emergency declaration and an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FMCSRs), except as otherwise restricted in the declaration; click here to read the entire declaration. Because current and anticipated weather conditions create an “immediate threat to human life or public welfare from heavy rains, high surf, flooding and high winds,” according to FMCSA, there is a need for “immediate transportation of supplies, goods, equipment, fuel and persons and provides necessary relief.” The states included in the declaration include Alabama, Florida, Georgia, Louisiana and Mississippi. The emergency declaration and exemptions apply only to motor carriers and drivers who are providing assistance to these states in direct support of relief efforts related to Hurricane/Tropical Storm Sally. “Direct assistance” ends when a motor carrier or driver completes relief efforts and return empty to the carrier terminal or regular reporting location. The declaration will remain in effect for the duration of the emergency (as defined in 49 CFR § 390.5) or until 11:59 p.m. Eastern time Oct. 14, 2020, whichever occurs first.

Drivers of passenger vehicles received nearly three times as many warnings, citations than commercial drivers during Operation Safe Driver Week

GREENBELT, Md. —During this year’s Operation Safe Driver Week, July 12-18, law-enforcement personnel observed a total of 66,421 drivers engaging in unsafe driver behaviors on roadways and issued 71,343 warnings and citations, according to the Commercial Vehicle Safety Alliance (CVSA). These totals include both commercial motor vehicle drivers and drivers of passenger vehicles. CVSA’s Operation Safe Driver Week, a driver-focused safety initiative aimed at curbing dangerous driver behaviors through interactions with law enforcement, was the alliance’s first enforcement initiative of the year, as a result of the postponement or cancellation of other enforcement campaigns because of the COVID-19 pandemic. Despite the pandemic, 3,681 enforcement officers from 55 Canadian and U.S. jurisdictions interacted with 29,921 commercial motor vehicle drivers and 36,500 passenger vehicle drivers during the week. There was a difference of fewer than 700 contacts made between law enforcement and commercial motor vehicle drivers compared to last year — 29,921 contacts in July 2020 versus 30,619 in July 2019. However, there was a larger discrepancy between 2020 and 2019 for interactions between law enforcement and passenger vehicle drivers. Last year, 70,321 contacts were made with drivers of passenger vehicles, compared to 36,500 in 2020. That’s about a 50% drop. In addition to traffic stops, 2,605 motorists were assisted by law enforcement during the week. Motorist assistance from officers included services such as help fixing a flat tire, providing gasoline for a stranded vehicle, checking on someone who may be pulled over, assisting individuals in distress or experiencing a medical emergency, jump-starting a vehicle, traffic control and more. “Although CVSA is a commercial motor vehicle safety organization, it was important that passenger vehicle drivers were also involved in this annual week-long driver safety enforcement initiative,” said CVSA President Sgt. John Samis with the Delaware State Police. “When commercial motor vehicles and passenger vehicles collide, no matter who was at fault, the results can be catastrophic, especially for the smaller and lighter passenger vehicle. Preventing crashes from happening requires every driver — commercial and personal — to be aware of how to safely share the road with other types of vehicles.” During Operation Safe Driver Week 2020, commercial motor vehicle drivers were issued a total of 10,736 citations and warnings — 4,659 citations and 6,077 warnings. Drivers of passenger vehicles received a total of 32,121 warnings and citations —17,329 citations and 14,792 warnings. Altogether, passenger vehicle drivers and commercial motor vehicle drivers received a total of 21,988 traffic-enforcement citations and 20,869 warnings during 2020 Operation Safe Driver Week, a total of 42,857. Speeding, which was the focus of this year’s Operation Safe Driver Week, was the top traffic enforcement violation for both types of drivers. Commercial motor vehicle drivers were issued 2,339 speed-related citations and 3,423 warnings, while drivers of passenger vehicles received 14,378 citations and 11,456 warnings for speed-related offenses Commercial-vehicle stats Enforcement officials interacted with 29,921 commercial motor vehicle drivers during this year’s Operation Safe Driver Week. Commercial motor drivers received a total of 10,736 traffic-enforcement warnings and citations. Broken out, that’s 6,077 warnings and 4,659 citations. The top five traffic enforcement citations given to commercial motor vehicle drivers were: Speeding/violation of basic speed law/driving too fast for the conditions: 2,339; Failure to use seat belt while operating a commercial motor vehicle: 1,003; Failure to obey traffic-control device: 617; Using a hand-held phone/texting: 269; and Improper lane change: 122. Passenger-vehicle stats Enforcement officials interacted with 36,500 passenger vehicle drivers during the week. Passenger vehicle drivers were given 14,792 traffic enforcement warnings and issued 17,329 citations, for a total of 32,121 warnings and citations. For passenger vehicles, the top five traffic enforcement citations issued to drivers were: Speeding/violation of basic speed law/driving too fast for the conditions: 14,378; Failure to use a seat belt: 932; Possession/use/under influence of alcohol and/or drugs: 452; Failure to obey traffic-control device: 399; and Improper lane change: 273. Passenger vehicle drivers received nearly three times as many warnings and citations (32,121) as commercial motor vehicle drivers (10,736 warnings and citations). Speed-related offenses were the top traffic enforcement violation for both types of drivers; however, passenger vehicle drivers received 14,378 citations versus 2,339 citations to commercial motor vehicle drivers. Passenger vehicle drivers were cited for speeding more than six times as much as commercial motor vehicle drivers. To review the results of previous Operation Safe Driver Weeks, click here.

FMCSA issues regional emergency declaration for Alabama, Louisiana, Mississippi, Texas as Hurricane Laura gains strength

WASHINGTON — The regional field administrators for the Federal Motor Carrier Safety Administration’s Southern and Western service centers have declared a regional emergency for the states of Alabama, Louisiana, Mississippi and Texas in response to Hurricane Laura and Tropical Storm Marco. Under the regional emergency declaration, motor carriers and drivers providing direct assistance to the weather emergency in these states are granted relief from Parts 390 through 399 of Title 49 Code of Federal Regulations (https://www.fmcsa.dot.gov/regulations/title49/b/5/3), with certain restrictions. “Direct assistance” includes supporting emergency relief efforts by transporting supplies, goods, equipment and fuel into the affected states; transporting people into and from the affected states; or providing other assistance in the form of emergency services during the emergency situation created by Hurricane Laura and Tropical Storm Marco. Upon termination of direct assistance to these emergency relief efforts, the motor carrier and driver are subject to the requirements of 49 CFR Parts 390 through 399 — but a driver may return empty to the motor carrier’s terminal or the driver’s normal work reporting location without complying with Parts 390 through 399. When a driver is moving from emergency relief efforts to normal operations a 10-hour break is required when the total time a driver operates conducting emergency relief efforts, or a combination of emergency relief and normal operation, equals 14 hours. FMCSA notes that the emergency declaration does not offer exemption from controlled substance/alcohol use and testing requirements, commercial driver’s license requirements, insurance requirements, hazardous material regulations, applicable size and weight requirements, or any other regulations not specifically authorized pursuant to 49 CFR § 390.23. Motor carriers or drivers that are currently subject to an out-of-service order are not eligible for the relief granted by this declaration until they have met the applicable conditions for its rescission and the order has been rescinded by FMCSA. The declaration will continue for the duration of the emergency (as defined in 49 CFR § 390.5) or until 11:59 p.m. Eastern time on Sept. 23, whichever occurs first. Click here to read FMCSA’s declaration.

Marco loses strength but Tropical Storm Laura upgrades to hurricane; Louisiana, Texas issue emergency orders

BATON ROUGE, La., and AUSTIN, Texas — Tropical Storm Marco on Monday, Aug. 24, made landfall near the mouth of the Mississippi River. According to an Aug. 24 tweet from the National Hurricane Center, Marco has been downgraded from a tropical storm and has rapidly lost speed. Residents and motorists in Louisiana and Texas should still brace for Tropical Storm Laura, which entered the Gulf of Mexico this morning (Aug. 25) and was upgraded to a Category 1 hurricane, according to The Weather Channel. The hurricane is gaining speed and strength, and is expected to make landfall along the Louisiana and Texas coast early Thursday morning (Aug. 27) at a speed of 115 mpg. The governors of both Louisiana and Texas have declared a state of emergency/disaster. On Friday, Aug. 21, Louisiana Gov. John Bel Edwards declared a state of emergency in advance of potential landfall from Tropical Depression 14, expected to become Tropical Storm Marco, and Tropical Storm Laura. Click here to read the governor’s emergency declaration. Monday, Aug. 24, Shawn Wilson, secretary of the Louisiana Department of Transportation and Development (DODT) issued a statement expanding weight limits for commercial vehicles to 88,000 pounds, effective at 5 p.m. Aug. 24 and continuing until the order is revised, amended or lifted. The statement specifies that the weight exemption applies “to commercial motor carriers traveling on public highways of the State of Louisiana for the purpose of emergency preparedness and disaster relief efforts” and notes that the order does not “allow any vehicle transporting commodities or fuel for disaster preparedness and relief to exceed weight limits posted for bridges and like structures, or relieve any vehicle or carrier, owner or driver of any vehicle from compliance with any restrictions other than those specified, or from any statute, rule, order or other legal requirement not specifically waived herein.” Click here to read Wilson’s statement. The DODT also issued statements notifying motorists of the following closures/openings of flood gates and road gates: State Highway 56: Flood gate closed .8 miles south of State Highway 57 in Cocodrie. State Highway 39: Flood gate closed near the Plaquemines/St. Bernard Parish line in Caernarvon, Plaquemines Parish. State Highway 47: Flood gate closed near Downman Road. State Highway 39: Road gate closed in Plaquemines Parish. State Highway 300: Road gate closed near State Highway 46 in St. Bernard Parish. State Highway 23: Flood gate closed in Venice. State Highway 665: Road gate closed in Terrebonne Parish. S. 11: Flood gate open. S. 90: Flood gate open in Orleans Parish. In addition, the DODT announced that if conditions become too hazardous to operate the Black Bayou Bridge and Grand Lake Bridge, the department will follow the U.S. Coast Guard-approved protocol for movable bridges on the Intracoastal Waterway. Black Bayou and Grand Lake Bridges will remain in service for vehicle and marine traffic as long as it is safe to operate. If conditions become too hazardous to operate, the Black Bayou Bridge will remain open to motorists, and the Grand Lake Bridge will remain closed to motorists. Conditions are deemed too hazardous when 39 mpg sustained winds are detected. Motorists are advised that the following movable brides will remain in service until sustained wind speeds reach 39 mph: Superior Canal, Mermentau River/Grand Chenier; ICWW/Ellender; and Kelso Bayou/Hackberry. Drivers in Louisiana are encouraged to check www.511la.org for up-to-date information about road closures, ferry operations and other incidents. Texas Gov. Greg Abbot on Sunday, Aug. 23, issued a state of disaster for the following 23 counties: Aransas, Bexar, Brazoria, Calhoun, Cameron, Chambers, Galveston, Hardin, Harris, Jackson, Jasper, Jefferson, Kenedy, Kleberg, Liberty, Matagorda, Newton, Nueces, Orange, Refugio, San Patricio, Victoria, and Willacy. Abbot advised the public that the combined storms “pose a threat of imminent disaster, including widespread and severe property damage, injury, and loss of life due to widespread flooding, storm surge, and damaging winds.” Click here to read Abbot’s statement. At the time of this writing, voluntary and mandatory evacuations have been ordered for communities in both states that are expected to be impacted by Hurricane Laura.

Alleged diversity policy at Goodyear’s Topeka, Kansas, plant sparks nationwide controversy

TOPEKA, Kans. — Goodyear Tire and Rubber Co. has come under heavy fire this week after a photo of a slide purportedly shown during a training session at the company’s Topeka, Kansas, plant was widely circulated on social media. The photo, taken by an employee at the plant, was sent to 13WIBW, a Topeka news station. The information displayed on the slide, allegedly part of the company’s new “zero tolerance” policy regarding acceptable behavior and apparel in the workplace, states that “acceptable” themes include Black Lives Matter (BLM) and Lesbian, Gay, Bisexual, Transgender Pride (LGBT), while “unacceptable” references include Blue Lives Matter, All Lives Matter, MAGA attire and “political affiliated slogans or material.” President Donald Trump entered the fray Wednesday morning (Aug. 19) with a tweet encouraging a boycott of Goodyear tires because of the alleged ban on MAGA hats supporting Trump’s “Make America Great Again” campaign slogan. Shortly afterward, Goodyear responded with a tweet stating “the visual in question was not created or distributed by Goodyear corporate, nor was it part of a diversity training class.” The tweet goes on to note that the company asks its associates to “not to engage in political campaigning of any kind in the workplace — for any candidate, party or political organization.” According to an Aug. 19 article posted on Snopes.com, an online fact-checking resource, the image was originally posted by an employee of the Kansas plant, who said the slide came from the company’s corporate office in Akron, Ohio. Snopes states that it has “reached out to Goodyear to clarify details about the image’s origins” and that information on the Snopes website will be updated “accordingly.” Wednesday evening, 13WIBW released a report containing snippets of audio allegedly recorded during Goodyear’s Topeka training session. In the recording, an unidentified speaker states, “Some people may wish to express their views on social justice or inequity or equity issues such as black lives matter or LGBTQ pride on their face coverings, shirts or wristbands. That will be deemed approved because it applies with a zero-tolerance stance. However, if any associate wears all, blue, white lives matter shirts or face coverings, that will be not appropriate.” While the speaker does not specifically refer to MAGA hats, he does note that political campaigning on the job is not acceptable: “Democrat. Republican. Trump. Biden. Sanders. Whatever. That will no longer be allowed in the plant.” To view the WIBW broadcast, click here.

Michigan plans ‘world’s most sophisticated roadway’ for autonomous and connected passenger, commercial vehicles

DETROIT — Michigan Gov. Gretchen Whitmer announced last week that the state is undertaking an initiative to develop a first-of-its-kind corridor for connected and autonomous vehicles (CAVs) designed to improve transportation for communities in Southeast Michigan. The corridor, devoted to both passenger and commercial CAVs, would connect Detroit and Ann Arbor, Michigan, along with key communities and destinations along Michigan Avenue and Interstate 94 in Wayne County and Washtenaw County. The vision for the corridor is to create lanes that will accelerate and enhance the full potential of CAVs and move people. At its core, the project is designed to be “future proofed” and evolve to meet transportation goals, beginning with connected buses and shared mobility vehicles such as vans and shuttles, and expanding to additional types of CAVs, such as freight and personal vehicles. According to a statement from the Michigan Economic Development Corp., the corridor will build on existing investments made by the state of Michigan and local communities in smart infrastructure and transit, and will link key destinations including the University of Michigan, the Detroit Metropolitan Airport and Michigan Central Station. The corridor will also include up to a dozen “opportunity zones,” where expanded mobility will connect individuals, small businesses and communities to Southeast Michigan’s industrial, technological and academic clusters. “The action we’re taking today is good for our families, our businesses, and our economy as a whole. Here in Michigan, the state that put the world on wheels, we are taking the initial steps to build the infrastructure to help us test and deploy the cars of the future,” Whitmer said on Aug. 13. “As we rebuild our roads to ensure every Michigander can drive to work and drop their kids at school safely, we will also continue working to build smart infrastructure to help prepare us for the roads of tomorrow. In Michigan, where the health of our workers and our economy are directly tied to the health of our auto industry, we will continue this innovative work to secure our state’s position as the automotive capital of the world.” Cavnue, a subsidiary of Sidewalk Infrastructure Partners (SIP), has been selected by the state to serve as master developer of the corridor project. The public-private partnership will explore the opportunity and viability of the project in cooperation with state and local partners, stakeholders and communities across the planned corridor route. Cavnue will work with the Michigan Department of Transportation (MDOT), the Michigan Office of Future Mobility and Electrification, the Michigan Economic Development Corporation, the Michigan Department of Labor and Economic Opportunity (LEO) and industry and local project partners throughout Phase 1 of the effort, which is expected to last approximately 24 months and will include feasibility analysis of the proposed project. With the help of regional partners, Cavnue hopes to plan, design and develop the world’s most sophisticated roadway, combining innovations in physical, digital, coordination and operational infrastructure to help increase the safety, efficiency, resilience and operations of roadways, and improve the mobility experience for users by enabling a faster and more coordinated dedicated autonomous mobility corridor. The project will advance key policy goals, including improving safety; achieving neutrality among vehicle OEMs through standards-based approaches; enhancing accessibility, affordability, and equity; and aligning with regional planning. Throughout the planning and development process, stakeholders will carefully evaluate potential impacts on the transportation workforce and ensure that it supports good-paying jobs. “As a company focused on the future of infrastructure, we are thrilled to launch Cavnue to build the future of roads, and partner with Michigan and the communities along the corridor on a first-of-its-kind CAV corridor,” said Jonathan Winer, co-founder and co-CEO of SIP. During the feasibility analysis in Phase 1, work will focus on technology testing and roadway design, as well as exploring different financing models to determine the project’s viability from both a technological and business perspective. Subsequent construction and implementation would be part of future phases of the project, to be determined following the initial 24-month period. “The time has come to start to integrate all of the momentum happening on the vehicle technology side with an equally strong push for innovation on our road assets themselves,” said Brian Barlow, co-founder and co-CEO of SIP. “We believe that combining technology and physical infrastructure can help unlock the full potential of CAVs and fundamentally transform mobility to improve safety, congestion, and public transit.” Cavnue will develop OEM-neutral standards and technology for the implementation of the corridor and permit connected and autonomous vehicles meeting specified safety and other standards to operate on the corridor regardless of the vehicle manufacturer. In developing OEM-neutral standards for the implementation of the corridor, Cavnue will draw on an advisory committee of automotive and autonomous mobility companies, including Argo AI, Arrival, BMW, Honda, Ford, GM, Toyota, TuSimple and Waymo.

Road closures, commercial-vehicle restrictions in effect in Milwaukee through Aug. 21 for Democratic National Convention

MILWAUKEE — Truckers should be aware of road closures and commercial-vehicle restrictions in Milwaukee during this week’s Democratic National Convention, held at the Wisconsin Center at 400 W. Wisconsin Ave. The event began Aug. 17 and ends Aug. 20; however, certain street closures and vehicle restrictions will remain in effect until midday Aug. 21, according to a press release from the U.S. Secret Service. Motorists traveling in the area of this event may experience delays and should consider alternative routes, if possible. Fencing, other physical barriers, and uniformed law-enforcement officers will also be utilized to enforce vehicle restricted zones and road closures. The following street closures will be in effect until midday Aug. 21: West Wells Street, between North Sixth Street & Vel R. Phillips Avenue (North Fourth Street); West Wisconsin Avenue, between North Sixth St. & Vel R. Phillips Avenue (North Fourth Street); North Sixth Street, between West Michigan Street & West Kilbourn Street; North Fifth Street, between West Michigan Street & West Kilbourn Street; North Fourth Street, between West Michigan Street & West Kilbourn Street; and West Michigan Street, between Vel R. Phillips Avenue (North Fourth Street) & North Fifth Street. In addition, the Kilbourn Tunnel will be closed through Aug. 21, impacting the entrance and exit ramps from North Interstate 43 at exit 72C. Vehicle Restrictions The following types of vehicles will be prohibited from traveling on streets and roadways adjacent to the road closures listed above: Delivery trucks; Utility vehicles; Parcel trucks; Small dump trucks; Buses; Flatbed and stake trucks; Refrigerated and box trucks; Large delivery trucks; Refuse trucks; Cement mixers; All tractor and trailer combinations including double trailers; Motor homes; and Recreational trailers operated for personal use. All interstate highways and expressways in the Milwaukee region, including Interstate 94, Interstate 43 and Interstate 794, will remain open to passenger and commercial vehicles throughout the convention.

Chicago protest expected to shut down Dan Ryan Expressway Aug. 15; truckers urged to avoid I-94

CHICAGO — A protest rally and march is expected to shut down portions of the Dan Ryan Expressway/Interstate 94 in Chicago Saturday, Aug. 15, according to the Mid-West Trucking Association. Truckers are urged to avoid I-94 in both directions within the city of Chicago. If truck operators are only traveling through northeast Illinois, they are urged to take alternate routes, such as I-294. State and local law-enforcement agencies are gearing up for the event, which is projected to include several thousand participants. According to authorities, marchers are planning to enter the northbound lanes at the 47th Street access ramp around noon and then proceed to the 43rd Street exit ramp. During the march, all vehicle traffic will be diverted to local traffic lanes. The entrance to the northbound expressway will be restricted beginning at 63rd Street, and all traffic will be diverted off the interstate at 59th Street. In addition, traffic on the Chicago Skyway will be restricted at Stony Island Avenue.

Suspend federal excise tax on trucks during pandemic, Democrats ask

WASHINGTON — Fifty-five Democratic members of the House of Representatives have called on House Speaker Nancy Pelosi and other Congressional leaders to temporarily suspend the federal excise tax (FTE) on the sales of heavy-duty trucks and trailers during the COVID-19 crisis. The July 20 letter, signed by Rep. Chris Pappas, D-N.H., noted that the domestic trucking industry had played an important role in ensuring the delivery of vital medical supplies and essential consumer goods nationwide. The names of 54 other members of Congress we listed below that of Pappas. “Like other important industries that employ millions of Americans, the trucking industry has been impacted by the severe economic consequences of the pandemic,” the letter said. “To ensure this essential industry can more quickly recover, and to save jobs in the trucking industry, we urge you to temporarily suspend the 12% federal excise tax on heavy-duty trucks and trailers in future coronavirus recovery legislation.” The letter followed by action taken by the American Truck Dealers (ATD), an offshoot of the National Automobile Dealers Association (NADA), to dedicate a week in June as “Suspend the FET Week.” ATD asked trucking industry stakeholders to advocate for the suspension of the heavy-duty trucks through 2021. ATD said the COVID-19 pandemic brought heavy-duty truck sales down 62.5% in May 2020 compared to the same time a year ago. The letter sent to Pelosi noted that during the COVID-19 pandemic alone, truck sales have plummeted below 50% of prior year sales. “Major truck and trailer investments are being delayed and deferred,” the letter said. “Truck factories and showrooms have been closed, and thousands of employees have been furloughed. Immediate relief that extends until the end of 2021 is essential to supporting the workers in this industry. As a targeted, temporary stimulus measure, we urge that this relief be provided without hurting the already strained Highway Trust Fund.” The ATD said the FET has grown from 3% to 12% since it was instituted in 1917 to help fund World War I, and with many fleet tractors ringing registers for around $150,000, it tacks an extra $18,000 onto most Class 8 trucks. Suspension of the 12% FET on new heavy duty-trucks and trailers during this critical time could help fleets purchase new trucks and trailers, support U.S. truck and trailer manufacturing, supplier, and dealership jobs, and advance Congress’ goals of improving highway safety and reducing emissions. “ We urge you to suspend the FET until the end of 2021 in upcoming coronavirus legislation as the best and fastest way to help save or restore trucking-related jobs and jumpstart the economic recovery of this vital sector,” the letter concluded.

U.S. 51’s Cairo Bridge to close Aug. 1-31, resulting in 80-mile detour for drivers crossing Ohio River between Kentucky and Illinois

PADUCAH, Ky. — Beginning at 6:30 a.m. central time on Saturday, Aug. 1, the Cairo Bridge will be closed to all traffic, according to the Kentucky Transportation Cabinet (KYTC). The bridge, located on U.S. 51, spans the Ohio River between Wickliffe, Kentucky, and Cairo, Illinois. In addition to allowing extensive maintenance work along the approach levee on the Kentucky side of the bridge, the closure will accelerate a deck and expansion-joint maintenance project on the bridge itself. Kyle Poat, chief engineer for KYTC’s District 1, said he realizes the closure will be a hardship on commuters, businesses and industries that depend on the bridge. “We carefully considered about a half-dozen options for completing both the bridge work and the levee work this construction season,” he said. “We looked at overnight closures and weekend closures. Those options did not allow enough construction time for completion of the work this year. This 30-day closure, while creating a temporary hardship, gets the work completed and the bridge reopened to one-lane traffic in the shortest possible time.” The Cairo Bridge serves as a north-south connection for U.S. 51, as well as an east-west connection for U.S. 60 and U.S. 62. The bridge carries about 7,000 vehicles per day between Kentucky and Illinois. About a third of the traffic on the bridge is commercial trucks, many of them hauling wheat, soybeans, and corn to nearby grain handling facilities. When the bridge closes Aug. 1, the normal 5-mile drive from Wickliffe, Kentucky, to Cairo, Illinois, will become an 80-mile detour via the Interstate 24 Ohio River Bridge at Paducah. Portable message boards will be set up at key locations to alert travelers and truckers to the closure before they reach the bridge. There will be no officially marked detour, KYTC says. Motorists and truckers are advised to self-detour via the I-24 Ohio River Bridge at Paducah to U.S. 45 N. at Metropolis, Illinois; then take Illinois Route 169 through Karnak to Illinois Route 37 S to Cairo or to connect to Interstate 57 into Missouri. Motorists coming from Cairo should reverse the route noted above. Motorists who adjust their route before reaching the bridge can greatly reduce the detour mileage. “Our contractor has committed resources to complete as much work as possible during this 30-day window,” Poat said. “We are confident this extra effort will assure that all work on the bridge is completed by our original target date. It helps assure one-lane traffic can be restored around Labor Day, and bridge traffic can return to normal flow about the time the fall crop harvest season ramps up.”

Southern California carrier ordered to reinstate employee fired for refusing overweight load

SAN FRANSISCO — The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) on July 15 ordered JHOS Logistics and Transportation Inc. to reinstate an employee that was terminated for refusing to drive what the employee believed to be an overweight vehicle at the company’s Wilmington, California facility. OSHA also ordered the company to pay more than $190,000 in back wages, $25,000 in punitive damages, $5,000 in compensatory damages and attorney’s fees. OSHA investigators determined that JHOS Logistics and Transportation Inc. violated the whistleblower provision of the Surface Transportation Assistance Act (STAA) when the company terminated the driver. Two months before the termination, the driver received a violation for operating an overweight commercial motor vehicle. The size of the load for which the employee received a citation was similar to the size of the current load, which led the employee to reasonably believe the commercial motor vehicle was overweight. In addition to the monetary penalties, the company must train its managers and post a notice informing its employees about workers’ rights under the STAA. JHOS Logistics and Transportation Inc. may appeal the order to the Labor Department’s Office of Administrative Law Judges. “This order underscores the U.S. Department of Labor’s commitment to protect employees who report violations under Surface Transportation Assistance Act,” said OSHA Regional Administrator Barbara Goto. “OSHA enforces the legal provisions of the act, which protects employees who exercise their right to report health and safety concerns with commercial motor vehicles.” For more information about whistleblower protections, visit OSHA’s Whistleblower Protection Programs webpage.

Trump reins in major environmental law to speed big projects; ATA says ‘this is good news for truckers’

ATLANTA  — President Donald Trump announced Wednesday, July 15, that he is rolling back a foundational Nixon-era environmental law that he says stifles infrastructure projects, but that is credited with ensuring decades of scrutiny of major projects and giving local communities a say. Trump was in Atlanta to announce changes to the National Environmental Policy Act’s regulations for how and when authorities must conduct environmental reviews, making it easier to build highways, pipelines, chemical and solar plants, and other projects. The 1970 law changed environmental oversight in the U.S. by requiring federal agencies to consider whether a project would harm the air, land, water or wildlife, and giving the public the right of review and provide input. The president said the final rule will promote the rebuilding of America. “Together we’re reclaiming America’s proud heritage as a nation of builders and a nation that can get things done,” Trump said. The American Trucking Associations (ATA) praised the Trump administration for finalizing the proposed rule, which the ATA said will speed up the review process for critically needed investments in the country’s roads and bridges. “This is good news for truckers, the motoring public, our economy and the environment,” said Chris Spear, ATA president and CEO. “It currently takes an average seven years for a highway construction project to get through federal permitting, which is counterproductive in the extreme,” Spear said. “This cumbersome review process presents an enormous obstacle to modernizing our outdated infrastructure, contributing to more traffic congestion and the harmful emissions that come with it.” ATA noted that the trucking industry loses $74.5 billion every year to traffic congestion on the national highway system, which equates to 425,000 truck drivers sitting idle for an entire year — emitting a staggering 67 million tons of CO2. “Infrastructure investment is a surefire way to reduce our nation’s environmental impact, and this action by President Trump will help accelerate construction projects that reduce waste and result in a more efficient and resilient supply chain and transportation system for decades to come,” said Randy Guillot, ATA chairman and president of Triple G Express and Southeastern Motor Freight. “Of course, streamlining project approvals won’t matter if states don’t have the funding needed to plan projects and break ground,” Guillot continued. “COVID-19 has caused a 14% drop in Highway Trust Fund revenue, widening the investment gap and hurtling us closer to the funding cliff. If Congress fails to act this year on its constitutional responsibility, it risks derailing our economic recovery.” Critics called the Republican president’s efforts a cynical attempt to limit the public’s ability to examine and influence proposed projects under one of the country’s bedrock environmental-protection laws. “This may be the single biggest giveaway to polluters in the past 40 years,” said Brett Hartl, government affairs director at the Center for Biological Diversity, an environmental group that works to save endangered species. Trump has made slashing government regulation a hallmark of his presidency and held it out as a way to boost jobs. Environmental groups say the regulatory rollbacks threaten public health and make it harder to curb global warming. With Congress and the administration divided over how to increase infrastructure investment, the president is relying on his deregulation push to demonstrate progress. Among the major changes are limiting when federal environmental reviews of projects are mandated, and capping how long federal agencies and the public have to evaluate and comment on any environmental impact of a project. “We won’t get certain projects through for environmental reasons. They have to be environmentally sound. But you know what? We’re going to know in a year. We’re going to know in a year and a half. We’re not going to know in 20 years,” Trump said. Opponents say the changes will have an inordinate impact on predominantly minority communities. More than 1 million African Americans live within a half-mile of natural gas facilities and face a cancer risk above the Environmental Protection Agency’s (EPA) level of concern from toxins emitted by those facilities, according to a 2017 study by the Clean Air Task Force and the National Association for the Advancement of Colored People “Donald Trump is taking away the last lines of defense for front-line communities, and continues to demonstrate a total disregard for our environment and for those demanding racial and environmental justice,” said Senate Minority Leader Chuck Schumer (D-N.Y.). For his announcement, Trump chose Georgia, a swing state in the general election. Trump won the Republican-leaning state by 5 percentage points in 2016, but some polls show him trailing former Vice President Joe Biden, the presumptive Democratic nominee. This will be Trump’s ninth trip to Georgia and his sixth visit to Atlanta during his presidency. The White House said the administration’s efforts will expedite the expansion of Interstate 75 near Atlanta, an important freight route where traffic can often slow to a crawl. The state will create two interstate lanes designed solely for commercial trucks. The state announced last fall, before the White House unveiled its proposed rule, that it was moving up the deadline for substantially completing the project to 2028. Trump, who spoke at a UPS facility, said the project will save the company and its drivers an extraordinary number of hours a year.

FMCSA extends emergency-relief exemptions through August 14, with modifications

WASHINGTON — The Federal Motor Carrier Safety Administration (FMCSA) has extended exemptions under the modified expanded Emergency Declaration No. 2020-002 for truckers providing emergency relief to the COVID-19 crisis until 11:59 p.m. Eastern time Aug. 14, the agency said on Monday, July 13. The exemption, previously extended and set to expire today (July 14), provides relief from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FMCSRs) for the 50 United States and the District of Columbia, and addresses the need for immediate transportation of essential supplies related to the national emergency declared by President Donald Trump on March 13. The current exemptions apply to motor carriers and commercial drivers who are providing direct assistance in support of emergency relief efforts related to COVID-19. Exemptions are limited to the transportation of: Livestock and livestock feed; Medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19; and Supplies and equipment necessary for community safety, sanitization and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants. FMCSA specifies that “direct assistance” does not include routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of this emergency declaration. Under the extension of the modified expanded Emergency Declaration No. 2020-002, motor carriers and drivers must continue to comply with specific FMCSRs as set forth in the exemption, including compliance with state laws and regulations, impaired or fatigued driving restrictions, using hand-held mobile telephones while driving and others. To view the current extension, click here.

Indiana TA Travel Center damaged by fire; investigation ongoing

SEYMOUR, Ind. — The Seymour, Indiana, Fire Department was called to the TA Travel Center at 2336 E. Tipton St. during the early hours of July 6, according to the Seymour Police Department. No injuries were reported in the fire, and the local fire department was able to contain the blaze. Damage was limited to the west side of the building. An investigation is ongoing, the Seymore Police Department said in a Facebook post.