TheTrucker.com

Van spot rates rise as flatbed rates fall sharply

BLOOMINGTON, Ind. — Broker-posted dry van and refrigerated spot rates in the Truckstop system saw modest gains during the week ended June 23 (week 25), but flatbed spot rates fell sharply for the second straight week. The drop in flatbed spot rates was the largest since March. Dry van saw a larger increase than did refrigerated, but in both cases the gains were the largest since the surge in mid-May due to the International Roadcheck event. The van segments saw healthy volume increases while flatbed loads fell. Loads available Total load activity fell 1.8% due solely to flatbed. Volume was about 43% below the same week last year and nearly 31% below the five-year average. Load activity was up on the West Coast and in the Mountain Central region, but regional volumes varied greatly by equipment type. Truck postings barely changed, ticking up just 0.1%, and the Market Demand Index – the ratio of loads to trucks – eased to its lowest level since the week before Roadcheck. Total rates The total broker-posted rate fell just over 5 cents after falling exactly 5 cents during the previous week. The total market rate was 23% below the same 2022 week and 5.5% below the five-year average. Total rates typically rise during week 25 heading into the mid-year peak, but sharply weaker flatbed rates thwarted that expected move. The current week – week 26 – typically represents the peak of van spot rates each year except for the December holiday period. Dry van Dry van spot rates rose nearly 5 cents after declining 3.5 cents during the prior week. Rates were nearly 19% below the same 2022 week and more than 10% below the five-year average. Dry van rates traditionally rise significantly during the current week. Dry van loads increased 11.2%, which is the strongest gain since Roadcheck week. Volume was more than 34% below the same week last year and nearly 25% below the five-year average for the week. Loads were up in all regions except for the South Central region. Reefer Refrigerated spot rates increased about 2 cents after falling nearly 5 cents in the previous week. Rates were almost 17% below the same 2022 week and more than 9% below the five-year average for the week. As with dry van, refrigerated rates almost always rise significantly during the current week of the year. Refrigerated loads jumped 18.4% – the strongest increase since Roadcheck week. Volume was nearly 45% below the same week last year and about 28% below the five-year average for the week. Loads were down on the West Coast but up in all other regions. Flatbed Flatbed spot rates fell more than 7 cents after dropping more than 5 cents in the prior week. The decrease was the segment’s largest since March. Rates were about 26% below the same 2022 week and more than 4% below the five-year average for the week. Flatbed loads fell 13.8%, which is the largest weekly decrease this year. Volume was nearly 50% below the same week last year and about 39% below the five-year average for the week. Loads were up on the West Coast but down in all other regions.

EKA delivers embedded technology solutions to supply chain customers

SALT LAKE CITY –EKA Solutions, which operates a cloud-based integrated freight management platform called EKA Omni-TMS, has announced it will deliver embedded fleet maintenance management, trailer management and business intelligence solutions to EKA Omni-TMS carrier, broker and shipper customers. “Consistent with its vision to deliver hyper automation and next level of customer experience, EKA will deliver embedded integration solutions with Love’s Shop Connect VIEW maintenance platform, Samsara’s telematics and videomatics platform and AWS BI platform to Omni-TMS customers beginning July 2023,” said JJ Singh, founder and CEO of EKA Solutions. “This will greatly improve customer productivity, operations visibility, customer service level, risk management and decision support for Omni-TMS customers.” Ryan Farrell, president of Wilson Logistics, said EKA’s “ability to integrate seamlessly with industry leading providers gives us the advantage we are looking for in this market. It helps drive down costs and improve efficiency in our fleet, ultimately giving us an edge.” Dan Jenson, director of truck care strategy and sales for Love’s, said EKA Solutions’ software will allow his company to “deliver a better experience through Shop Connect VIEW, so our fleet customers can easily stay on top of repair orders, reduce costs and improve uptime.”

How load boards can improve your business

The decision to buy a truck is a big one. It can be far more significant than simply deciding to own the truck you’ll be driving. You’re actually starting a new trucking company — and you are now responsible for managing it. The simplest way to do this is to lease your truck to an established carrier, which will handle many of the tasks associated with the business; you’ll be paid either a percentage of the load revenue or a rate per mile. Some owner-operators, however, prefer to be fully independent, finding their own freight and operating under their own authority. Some can contract with customers for enough freight to keep the truck (or trucks) running, but most depend on freight brokers or load boards to stay busy. In fact, some owner-ops that are leased to carriers use load boards to find return loads or supplement work they do for the carrier. The load board concept is a simple one: Shippers with available loads, or brokers who are arranging transport for them, post information about the loads to one or more load boards. Truckers choose the load they want, contact the shipper or broker, and finalize arrangements. In reality, however, there are more variables to consider. Many load boards also allow you to post the availability of your truck. You can list the date and time your equipment will be available and where, plus your contact information. Some load boards are free, while others charge a subscription price. Some boards provide tools and services that help you make the best choices for your business. Before booking the first load, it’s best to understand how the load board works and what services are available so you can make intelligent choices. One consideration is the volume of freight the load board handles. DAT, for example, claims to handle 357,000 exclusive daily loads and is the largest load board by volume. A basic subscription is $45 per month, while the most expensive, which offers more services, is $135. The load board at TruckStop.com is quite popular and offers subscriptions ranging from $39 to $149 per month. Another board, TruckerPath, offers plans priced from $30 to $110 per month. An internet search for “free load boards” will also provide results. The services provided, however, may not be as robust as the paid ones. Some large brokerages, such as CH Robinson, have their own load boards. The advantage in this is that you’ll always be dealing with the same broker, while the disadvantage is you won’t see as large a variety of freight. When choosing a load board, consider the services offered. You’ll want to know if the broker or customer offering a load you’re interested in is creditworthy. Many load boards allow you to request a credit check, either as a part of your subscription fee or for an extra charge. Some allow you to check credentials, such as FMCSA authority or a valid surety bond. Some allow drivers to provide carrier reviews, so you’ll be able to see what others have said about their experiences with a particular customer. Some load boards offer fuel cards or discounts on other products, some don’t. If you decide to use a load board, you’ll need to be ready to provide documentation to each new customer or broker you deal with. You should have electronic copies of your authority (MC or DOT number), proof of liability insurance and your (IRS) W-9 that you can fax, email or text when you make first contact. Not being able to provide paperwork will quickly kill your chance to haul a load. Selecting a load is a little more complicated than just picking out the load that pays the most to a destination you want. There are several things you can do to benefit your bottom line. Start by understanding the rate you see. Does it include a fuel surcharge? Is any accessorial pay, such as tarping or loading, included in the rate? How will any detention time be paid, if it occurs? What about timeliness of payment — does the customer or broker pay immediately, or is there a delay? If delayed, will it be 30, 60, 90 days or even longer? All too often, a truck owner finds out after delivery that something isn’t covered. Some load boards provide a lane average rate over a specific time period that you can check. Some offer highest, lowest and average rates. For example, if your lane is from Dallas to Philadelphia, you’ll be able to see the average rate of other loads that have moved on that route in the past 15 to 30 days. If the rate offered is below average, you can negotiate with the shipper or broker for a higher rate. Another helpful tool is an inbound/outbound ratio for your potential destination. Some destinations get a lot of loads in but don’t send many out. This means there will be a lot of trucks looking for outbound loads after they deliver. When competition for freight is high, rates are low. Too many drivers have accepted a good-paying load — to Miami, for example — only to find that loads going the other way don’t generally pay well. Smart operators think about the NEXT load before they accept the current one. Since load availability can change depending on seasons, weather and other factors, a destination with plenty of outbound loads last time may not be so good this time around, so it pays to check before every load. When you’re ready to book a load, some load boards allow you to do it online. For most loads, however, you’ll need to call the shipper or broker. Once you book, it’s always best to follow specific instructions for the load. Show up on time, with a clean trailer, ready to run. Communicate any issues promptly. Deliver on time, with undamaged freight. The service you provide is your calling card.

Exclusive partnership between Truckstop, Carrier Assure set

BOISE, Idaho — Truckstop and Carrier Assure have announced an exclusive partnership. According to a joint news release, this partnership “will bring an innovative approach to vetting carriers to the leading carrier compliance platform in the industry, RMIS. Truckstop and Carrier Assure collaborating will expand RMIS’ long history of and commitment to providing rich, diverse, and unique data to drive carrier sourcing and selection decisions.” Truckstop’s RMIS solution is designed to give brokers what they need to help securely onboard active carriers. Carrier Assure is the first performance scoring software that anticipates how a carrier will transport goods for full truckload interstate shipments. Carrier Assure uses data science, analytics and algorithms to comb through millions of data points daily, analyzing the carrier’s performance. “Truckstop remains committed to being the leading carrier data, onboarding, and monitoring platform to reduce risks in the freight transaction process,” said Julia Laurin, chief product officer, Truckstop. “Our partnership with Carrier Assure enhances the depth of broker and shipper insights on RMIS by bringing predictive performance risk factors to bear in our users’ core platform to help identify risk factors for double brokering, cargo theft and other nefarious activities before it’s too late.” Carrier Assure’s data integrated into the RMIS platform will provide additional data points to assist shippers, brokerages and carrier sales reps in selecting carriers and managing their carrier networks. “By partnering with Truckstop, we are providing our innovative Carrier Performance Score to brokers and shippers within RMIS, the market leading onboarding, verification and monitoring solution,” said Cassandra Gaines, founder and chief executive officer, Carrier Assure. “This partnership will enable brokers, shippers and their teams to make quicker data driven decisions to protect their businesses.”

Loadsmith plans to launch world’s 1st autonomous trucking company using Kodiak Robotics’ tech

MOUNTAIN VIEW, Calif. and DENVER — Self-driving trucking company Kodiak Robotics Inc. has announced plans to equip 800 self-driving big rigs for third-party capacity-as-a-service company Loadsmith in what will be the world’s first self-driving trucking firm. According to a news release, the Kodiak-equipped autonomous trucks will serve as the foundation for the newly-established Loadsmith Freight Network (LFN). Kodiak will begin delivering the Kodiak Driver-powered self-driving trucks in the second half of 2025, the news release noted. The Kodiak trucks on the LFN will transport goods autonomously on the interstate portions of highway routes. Loadsmith’s fleet of trucks equipped with the Kodiak Driver will complete the long-haul portions of Loadsmith’s deliveries, while human-driven trucks, booked on Loadsmith’s platform, will do local pickups and deliveries. “Loadsmith is the first trucking company built specifically for autonomous trucks, and we are proud that they selected Kodiak as the backbone of their operations,” said Don Burnette, Founder and CEO of Kodiak Robotics. “Loadsmith’s Founder Brett Suma is one of trucking’s true visionaries, and now he is using his deep and unique experience to rethink logistics for the autonomous era.” Loadsmith’s proprietary logistics platform will deploy 6,000 trailers on the LFN to maximize the utilization of the Kodiak-powered trucks on the network. The company says that by pairing self-driving trucks and local manual trucks on the same network, they can rapidly scale autonomous deliveries and “convert significant amounts of freight volume from traditional trucking methods to a more flexible and on-demand service.” Loadsmith officials say this model will allow shippers to seamlessly leverage autonomous trucks for the long-haul lanes that are less desirable to many drivers. “This helps reimagine the driver’s job by creating attractive local driving opportunities and simultaneously relieving the driver shortage that continues to plague American supply chains,” the news release stated. “Loadsmith’s partnership with Kodiak is founded on the belief that freight transportation is preparing to undergo a profound technological transformation, with autonomous middle-mile trucking leading the way,” said Brett Suma, Founder & CEO of Loadsmith. “Loadsmith’s expertise in network design and freight execution combined with Kodiak’s best-in-class autonomous trucking technology demonstrates a new model for how two companies can collaborate to usher in a new era of transportation.” As part of the agreement, Loadsmith has joined the Kodiak Partner Deployment Program, which helps shippers and carriers establish autonomous freight operations and seamlessly integrate the Kodiak Driver into their fleets. Kodiak has recently announced partnerships with C.R. England and Tyson, IKEA, Werner, Forward and more.

Flatbed leads largest drop in spot market rates since March

BLOOMINGTON, Ind. — Total spot market rates in the Truckstop system fell by the most in more than three months during the week ended June 16 (week 24), due largely to the largest drop in flatbed rates since then, according to the latest report from Truckstop and Freight Transportation Research. Broker-posted dry van and refrigerated rates also declined in the latest week, but those decreases were not especially notable compared to those seen in recent weeks. Truckstop analysts note that “the next couple of weeks are key for the van segments as week 26 typically represents one of the strongest weeks of the year for spot rates.” Loads available Total load activity declined 4.6% after rising about 10% in the previous week. Volume was almost 44% below the same week last year and nearly 29% below the five-year average. Load activity rose in the Southeast and was up slightly in the Northeast but fell in all other regions. Truck postings ticked up 0.3%, and the Market Demand Index – the ratio of loads to trucks – declined to its lowest level since mid-May. Total rates The total broker-posted rate fell 5 cents after easing more than a cent in the prior week. The decrease was the largest since a slightly larger one in week 10. The total market rate was 22% below the same 2022 week and 2.5% below the five-year average. Dry van Dry van spot rates declined 3.5 cents after falling 4 cents in the previous week. Rates were about 20% below the same 2022 week and more than 10% below the five-year average. Dry van loads declined 3.7% after rising more than 7% during the prior week. Volume was about 42% below the same week last year and nearly 29% below the five-year average for the week. Reefer Refrigerated spot rates fell nearly 5 cents after ticking up just a tenth of a cent in the prior week. Rates were almost 15% below the same 2022 week and 7% below the five-year average for the week. Refrigerated loads fell 9.2% after rising nearly 8% during the previous week. Volume was more than 47% below the same week last year and nearly 32% below the five-year average for the week. Flatbed  Flatbed spot rates fell more than 5 cents after decreasing 1.6 cents in the previous week. The decrease was the segment’s largest since March. Rates were nearly 25% below the same 2022 week and 1% below the five-year average for the week. Rates had not been below the five-year average since 2020. Flatbed loads declined 4.2% after rising more than 12% in the prior week. Volume was nearly 46% below the same week last year and more than 32% below the five-year average for the week.

ACT Research: US trailer industry demand dynamic is shifting

COLUMBUS, Ind. — While the sky still isn’t falling, there are more ominous clouds on the horizon that bear watching closely moving forward, one being a significant uptick in trailer cancellations for a second consecutive month, according to this month’s issue of ACT Research’s State of the Industry: U.S. Trailers report. “While the broad-based nature of cancellations suggests the turn is starting to come into focus, this is juxtaposed against a backdrop of rather robust backlogs, even with declining orders,” said Jennifer McNealy, Director–CV Market Research & Publications at ACT Research. She explained, “The seasonally adjusted backlog-to-build (BL/BU) ratio gained 120 basis points (bps) m/m, to 8.0 months in May. Seasonal adjustment takes dry van BL/BU to 7.4 months and reefers to 9.1, so despite the improvement in build, this essentially commits the industry through year-end 2023.” Regarding cancellations, McNealy said that fleet commitments remained mixed in May while total cancels grew to 4.2% of backlog, higher than April’s 2.8% and significantly higher than March’s 0.9% rate. That said, while several segments were at or below 1.5%, dry vans rose to 4.1%, reefers are now at 6.5%, and flatbeds hit 4.7%, McNealy added, noting that “April’s increase raised an eyebrow, but we cautioned that one month does not a trend make. With two consecutive (and large) jumps in cancellations, both eyes are now wide open.” McNealy said that some trailer makers “are telling us (that) customers are cutting back on their anticipated order appetite for this year and next, and that fewer customers are on the sidelines to pick up whatever equipment/build slots become available. Clearly, the demand dynamic is shifting.”

WARP announces integration with Project44

LOS ANGELES — A tech-powered freight network specializing in middle-mile solutions, WARP, has announced that they are integrating with end-to-end shipping visibility platform Project 44. According to a news release, this partnership allows WRAP to “receive the benefits of all of Project44’s TMS, making it easier for shippers to receive WARP service offering through their existing TMS with full tracking capabilities.” It also allows for Project44’s shippers to be added to WARP’s network at no additional costs. “We’re thrilled to partner with project44 and look forward to raising the bar together when it comes to comprehensive visibility in the supply chain across TMS,” said Daniel Sokolovsky, WARP CEO and co-founder. “This partnership is another step forward in our goal to optimize the middle mile using the best technology available.” WARP has also announced its newest suite of tracking tools called DirecTrack. The suite’s capabilities include providing Amazon-level traceability at the truck, pallet and parcel levels, real-time temperature monitoring, cross-dock tracking, a driver app and more, the news release stated.

ANGI Energy Systems celebrates 40 years in business

JANESVILLE, Wis.  — ANGI Energy Systems is celebrating 40 years of operation. Since the company was founded in 1983, it “has been at the forefront of technological advancements worldwide in the compressed natural gas and hydrogen sectors,” a news release noted. But Wisconsin holds a special place in ANGI’s heart as it is the place called home. To mark ANGI’s 40th anniversary, Mark Morelli, president and CEO of Vontier, and his leadership team recently visited the dedicated staff at ANGI’s Janesville facility to join them in celebrating the company’s achievements. Vontier is the parent company of ANGI Energy Systems. “It’s an exciting time for Vontier, ANGI and all of our dedicated companies as we enable a multi-energy future that is sustainable, safe, secure and affordable,” Morelli said. “We congratulate ANGI and thank everyone who has been a part of its success over these past 40 years and look forward to working together to enable the way the world moves for years to come.” The news release notes that, over the past four decades, ‘ANGI Energy Systems has pushed the technology boundaries in the compressed gases sector, revolutionizing dispensing and compression. Now that energy requirements for modern mobility are evolving, the company’s excellence in investing and developing and delivering turnkey solutions is transforming mobility in the face of the global energy transition.” Joel van Rensburg, president of Alternative Fuels for Vontier, said: “We are thrilled to be celebrating this significant milestone for ANGI Energy Systems. To remain a leader and pioneer in the CNG sector for the past four decades is a testament to the hard work, dedication, and vision of our team, as well as the trust and support of our customers and partners around the world.” “With the rapid evolution of the mobility ecosystem, we are committed to remaining at the forefront as we advance greener, more sustainable energy solutions,” he continued. “We are driven to support our customers as they evolve their businesses to embrace decarbonization.”

Analysts project industry conditions are at or near bottom, poised to rebound

Each of the experts in most industries has their method of interpreting the economic “tea leaves.” However, by the end of May a common theme was emerging: Nearly everyone was questioning whether the trucking market had hit bottom. As early as May 16, analysts at ACT Research noted that capacity was beginning to tighten. That’s another way of saying the excessive number of trucks available for the reduced number of available loads was starting to shrink. There are two ways to reduce the excessive number of trucks: 1) Get trucks out of the market or 2) increase shipment numbers. One way to tell trucks are leaving the market is by the number of orders for Class 8 trucks. For the past few months, new orders have trailed production by thousands each month. In May, for example, 14,000 to 15,000 trucks were ordered, while more than 24,000 were actually sold, bringing down the backlog of trucks on order but yet to be built. At the same time, used truck inventories increased, indicating some trucks are coming off the road. Another way to monitor the number of trucks is by the number of interstate operating authorities granted by the DOT. That number fell rapidly in the first few months of the year and is still beneath record levels set last year. At the same time, authority revocations exceeded the number granted. This means there are fewer carriers — mostly businesses with one to five trucks — shutting down, which may also help explain the increase in available used trucks. Yet another method is to note the number of truck drivers employed by the industry. According to reports from the U.S. Department of Labor, long-haul trucking jobs declined by 8,700 in the first quarter of 2023. That’s about 1% of the driving force. The other part of the equation — increasing freight shipments — hasn’t happened yet. When it does, spot freight rates will begin rising. For now, however, an entire industry hopes they don’t go any lower. The Cass Freight Index for Shipments grew 1.9% in May from April levels. Unfortunately, shipment levels almost always rise in May. When seasonally adjusted, the shipments index actually fell by 0.8%. The year-over-year change, May 2023 compared to May 2022, showed a 5.6% decline. According to the Cass Freight Index for Expenditures, payments for those shipments fell 7.1% in May. If shipments fell slightly less than 1% while expenditures fell more than 7%, the culprit must be lower rates. The Cass release blamed declining retail sales and “destocking” for the drop. Destocking is the deliberate reduction of inventory to meet current customer demand. As for expenditures, it’s important to note the Cass Freight Index for Expenditures rose by a record 38% in 2021 and followed that up with another 22% increase in 2022. The expected decline in 2023 is around 16%, so freight rates are still considerably higher than in 2020. Unfortunately, so are expenses due to inflation and EPA-mandated emissions requirements for new trucks. The Cass Freight Index numbers are compiled from billing for Cass customers and represent transport by multiple modes, including truck, rail, pipeline, barge, ship and air. For strictly truck numbers, DAT Freight and Analytics tracks weekly and monthly data from its load board, which is the largest in the industry. DAT’s “Trendlines” report showed a 29.4% increase in spot loads posted for May compared to April. However, much of that gain is due to the start of produce shipments, which begin around the same time each year. Compared with May 2022, this year’s May spot load postings declined by 61.2%. Spot rates for van freight fell 0.3% in May from April numbers, while flatbed spot rates fell 0.9%. Temperature-controlled rates actually rose 2.1%. Those numbers, however, look dismal when compared to May 2022. Van rates fell 23.7%, flatbed 22.5% and refrigerated 20.3% year over year. As of this writing, spot rates for both van and refrigerated freight have risen by two cents in June, while flatbed rates are holding steady at May levels. Early June results were undoubtedly buoyed by the Memorial Day weekend, when rates get a push due to the number of trucks shut down for the holiday. The weekly FTR Transportation Update for June 12 indicated wholesale inventories are still highly elevated, which means more “destocking” is to be expected. Businesses that are reducing inventory aren’t ordering new product — and fewer orders means fewer truckloads. On May 23, ACT Research released its revised Trucking Industry Forecast for 2023. In it, the firm states the industry is nearing the bottoming stage of its “classic truckload cycle.” During this part of the cycle, the decline in freight rates tends to slow or stop altogether as tractor ordering and sales slow. The cycle begins again when freight levels increase, and rates begin rising. How soon that happens is a matter of conjecture. ACT’s report states “the economy has proven more resilient than initially envisioned.” Analysts still recommend caution, however, and are holding to their expectation for a shallow recession around mid-2023. As for freight rates, the firm projects the bottom was reached near the end of May. By the time this story comes out in print, the numbers will have begun rising … or not. Those trucking businesses that have hung on through the downturn should be equipped to see better times beginning by the end of the year, if they can hang on that long. Good business decisions and cost avoidance are keys to surviving and being in position to profit when the market turns.

ATRI study reveals no clear solution to issue of THC testing

Imagine the development of a test that could determine whether you drank a beer at that barbecue last weekend. Now imagine that you reported to work the following Monday — or even the Monday after that — and your employment was terminated because a drug test showed you drank that beer days ago. Even worse, imagine that information being provided to any prospective employer you try to find work with, so you can’t find another job. Now, add to that scenario that your former employer is complaining about not being able to find good employees to hire. According to a June 2023 study released by the American Transportation Research Institute (ATRI), this scenario is very real in the trucking industry — only the substance detected isn’t alcohol; it’s marijuana. In its “Impacts of Marijuana Legalization on the Trucking Industry,” ATRI found that, over a 10-year period, 71.1% of positive pre-employment drug screens were for marijuana use. The study concluded that “past use of marijuana — which may have been up to 30 days prior to the test — is filtering out a significant number of potential truck drivers from the industry. There is the potential that these drivers had last used marijuana prior to even deciding to become a truck driver.” The study also found that, during the first three years of the Drug & Alcohol Clearinghouse, only 4.5% of drivers who tested positive for controlled substances had completed the return-to-duty process and follow-up testing. Those numbers come directly from the Drug & Alcohol Clearinghouse website. According to this data, 166,296 drivers had at least one violation; of these, 101,512 tested positive for marijuana metabolite. Of those, nearly 97,000 (95.5%) did not complete the return-to-work process. The majority of these drivers already possessed CDLs. If they are working now, it’s in another industry. To be sure, no one is advocating for drivers to be able to toke up while piloting their 18-wheeler down the Interstate or during their 30-minute break. However, lately more people are wondering if marijuana use should be treated in the same way society permits alcohol use. Few professions prohibit alcohol use entirely. Consumption is allowed, and may even be encouraged, in the right setting. Operating a vehicle while under the influence is illegal virtually everywhere — as it should be. In the case of alcohol, however, it’s possible to measure impairment. While people can react differently after consuming the substance, there are accepted standards. Blood-alcohol content is used in nearly every jurisdiction, with those found to be over the set limit facing the consequences of impairment. Current marijuana testing doesn’t measure impairment. It can only indicate past use. A person who used marijuana a month ago, while not operating any vehicle, can come up positive under current tests. Some states, like Colorado, use blood tests to determine the amount of tetrahydrocannabinol (THC) in the system, but because people can react very differently to the same concentration of THC, proving “impairment” can be difficult. The ATRI study referred to two separate studies that attempted to link the concentration of THC in the bloodstream with level of impairment. The results were that people with smaller amounts of THC in the blood were found to be impaired, while others with high amounts of were not impaired. Clearly, more research is needed. The ATRI study also showed that 41.4% of drivers live in states where recreational use of marijuana is legal. In other states, marijuana or its derivatives are legal for medicinal use. Since the substance is not approved by the FDA for medical use, it cannot legally be prescribed as a drug. Those states that allow medicinal use typically require doctor “recommendations” or “certifications” instead. Other states where marijuana use is still illegal have decriminalized its possession in small amounts. Another popular product is cannabidiol, commonly called CBD. This product can, but doesn’t always, contain THC, the psychoactive ingredient in marijuana. There are no government-mandated standards for the product, so the product can vary in strength and THC content. CBD is legal to purchase in all 50 states, with some restrictions. As laws prohibiting the sale and use of marijuana are removed across the country, the question arises: How long will it be before the federal government revises its own regulations? Currently, marijuana is listed as a Schedule 1 illegal substance. Attempts to sue employers under the ADA by those using marijuana for medicinal purposes have been rebuffed by the courts; the drug’s listing as a Schedule 1 substance protects employers from such lawsuits. If marijuana was to be reclassified to a different schedule, those employers might then be open to ADA and other lawsuits and complaints. The ATRI study also contained survey information from carriers and drivers. When asked if changes in current federal drug testing policy were needed, 62% of carriers said yes. Of those, 47% said that a sobriety/impairment test for use of the drug is needed. A majority — 65.4% — of respondents said they preferred that the trucking industry require testing that measures marijuana impairment rather than the current model. However, such a test doesn’t exist. Impaired Science Inc. offers a phone app that it claims can measure a user’s level of cognitive and motor impairment. Using a series of questions and required actions — such as following a moving dot with a finger — the app detects impairment by the user. It can’t, however, determine the reason for impairment. The driver could have a medical condition that causes impairment, or the “impairment” could even be fatigue. While an argument can be made that impairment for any reason should be detected and the driver shut down, the testing can’t be used to prove marijuana use. In its summary, ATRI called for more research on the development of testing that measures marijuana impairment. Until such a test is developed, current testing requirements aren’t likely to be changed, and positive tests for marijuana use will continue to be cause for disqualification from safety-sensitive functions. Change on the federal level may be years away, but at least the discussion has begun. To request a PDF of the full study from ATRI, click here.  

MODE Transportation honored with PepsiCo Award

DALLAS  —  MODE Transportation has been awarded the 2023 PepsiCo Broker Sustainability Carrier of the Year Award. This is the second year the company, a third-party logistics firm that has partnered with PepsiCo for more than 30 years, has been honored with the award. According to a press release, as a leading third-party logistics provider, MODE, an EPA-certified SmartWay Logistics Company Partner, is dedicated to creating a culture of sustainable business practices. MODE Transportation measures, benchmarks, and tracks efforts to increase efficiency and fuel economy to create a cleaner, more sustainable future. MODE has achieved Level 1 with SmartWay, the highest possible ranking in the SmartWay categories.  PepsiCo representatives said MODE Transportation was also chosen because of its “dedication to assisting shippers with minimizing waste through various supply chain strategies (e.g., eliminating empty miles, co-loading freight, etc.).” Lance Malesh, the MODE Global CEO, says he is proud to have earned this honor. “I could not be more proud of the MODE Transportation team and their dedication to serving our customers and creating partnerships that deliver value,” Malesh said. “To receive this level of recognition, not once but twice, from a renowned organization like PepsiCo is a true honor and speaks volumes to the level of commitment our team has to provide meaningful solutions to help our customers reach ESG and sustainability targets.”

Relay Payments brings fraud-free payments to over 800 travel centers

ATLANTA — Relay Payments, a fintech company, is bringing its digitized diesel payment platform to Pilot travel centers. According to a news release, Relay introduced its system in 2019 as a way to eliminate long delays that can often force drivers to wait hours for payment approvals and authorizations. Millions of truck drivers can now visit one of more than 800 of Pilot Company’s travel centers and access the Relay system. “We take fraud protection seriously and are always looking for innovative solutions to support the needs of our fleet customers,” said David Hughes, senior vice president of sales for Pilot Company. “Digital payment technologies like Relay provide fleets with enhanced anti-fraud capabilities and improve the ease of commercial diesel transactions. We are excited to offer Relay Payments across our extensive travel center network and to bring cutting-edge technologies to the trucking industry.”   Relay Co-Founder and President Spencer Barkoff said that fuel fraud and outdated payment technologies hurt the entire supply chain, costing fleets, merchants and drivers hundreds of millions yearly. “By offering our services at Pilot Company locations, we can provide reliability, security and flexibility for carriers and drivers, all while reducing fraud,” Barkoff said. “We’re fortunate to build products that solve the industry’s biggest challenges, and we couldn’t be more excited to work with Pilot Company to bring these products to millions of drivers.” For more information about Relay Payments or to download the mobile app, visit RelayPayments.com. For more information about Pilot Company and nearby Pilot and Flying J locations, visit pilotflyingj.com.

Cover Whale surpasses half-a-billion dollars in all-time written premiums

NEW YORK — Commercial trucking insurance provider Cover Whale Insurance Solutions has passed the $500 million mark in all-time written premiums, a company statement announced. “This milestone represents the company’s rapid growth since it first wrote its first commercial trucking policy in March 2020,” a news release stated. “The announcement has solidified the company’s position as a driving force within the industry. With this announcement and the $160 million in written premiums year-to-date for the 2023 announcement, Cover Whale has received a wave of positive accomplishments to inform us about.” The company’s business model combines instant quotes with a Driver Safety Program. Cover Whale also provides artificial-intelligence-driven dash cam technology, telematics and the real-time driver safety coaching “that improves safety for all drivers, can also reduce their insurance costs and helps exonerate drivers in accident-related scenarios,” the news release stated. “Insurtech is an ever-evolving domain, and it is our responsibility to continually introduce new tools that enhance road safety and make our agents’ lives easier. One thing remains the same: our commitment to truck drivers,” Cover Whale CEO Dan Abrahamsen said. Abrahamsen added that the company “takes pride in being a reliable source of quality, affordable coverage across the commercial trucking insurance product spectrum. By persistently pursuing advancements in technology, we’re lowering costs, improving road safety and saving lives. We eagerly anticipate launching new tools to sustain our momentum.” Cover Whale has expanded into Idaho and Iowa, now reaching tuckers in 47 states, including 32 with its Auto Liability line of business.

FMCSA’s final ruling on truck brokerage definitions now in effect

WASHINGTON — The Federal Motor Carrier Safety Administration (FMCSA) issued regulatory guidance clarifying the definitions of “broker” and “bona fide agents” in a final ruling issued on Friday, June 16. The ruling is designed to help stop illegal brokers and dispatchers from operating. FMCSA issued the guidance in response to a mandate in the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law, and the Fiscal Year 2023 Appropriations Act. The guidance clarifies the definitions in the Code of Federal Regulations, with an eye toward efficiency and defining financial responsibilities. FMCSA issued interim guidance in November 2022. “This final guidance arms freight brokers and entities operating as bona fide agents or dispatch services in the trucking industry with information needed to help make appropriate decisions for their operations,” said FMCSA Administrator Robin Hutcheson. “It also helps clarify for regulated carriers whether they should work with entities that do not have broker authority and associated financial responsibility.” The guidance offers clarification for brokers, dispatch services, trade associations and other stakeholders across the trucking industry, according to the FMCSA. FMCSA reviewed more than 130 comments filed during multiple comment periods for this guidance and considered them as part of the agency’s decision-making. FMCSA also sought comment on the guidance at a broker listening session it conducted during a major trucking show earlier this year. James Lamb, president of The Small Business in Transportation Coalition (SBTC), said he “applauds FMCSA in reeling in unlicensed brokers through its final guidance.” “By detailing that entities calling themselves ‘dispatchers,’ a term FMCSA acknowledges does not exist is law, cannot lawfully avoid the broker license as bona fide agents unless they separate their motor carrier principals by geographic area or commodity type, they have effectively gutted the dispatcher industry,” Lamb said. Lamb added that while there is still no effective enforcement arm within FMCSA to police FMCSA’s distinctions, “this guidance now opens the door for complaints to DOT IG and will help immensely in private right of actions against dispatchers operating outside the scope and parameters of the FMCSA guidance.” Lamb said that Congress “should recognize this as a plea by the agency to define dispatcher in the law, something SBTC’s proposed Transportation Intermediaries Accountability Act would do.” Lamb called the FMCSA’s ruling “effectively a death blow for unlicensed brokers calling themselves dispatchers. The SBTC advises dispatchers to immediately get broker licenses or face lawsuits for illegal brokerage activity.” In a statement, the Owner-Operator Independent Drivers Association said it is encouraged by the FMCSA’s guidance and believes it is a step in the right direction. “However,” the statement continued, “we will continue to pursue other changes to ensure better business practices in brokering and transportation.” Final guidance details Definition of broker FMCSA has determined that the definition of “broker” is adequate. Handling money exchanged between shippers and motor carriers is one factor that strongly suggests the need for broker authority, but it is not an essential requirement for one to be considered a broker. Definition of bona fide agent According to the FMCSA, a bona fide agent may be either an employee of a motor carrier or a contractor but must perform its duties as specified in a preexisting agreement between the parties. While FMCSA has determined that the definition of “bona fide agent” is adequate, FMCSA clarifies that the term “allocating traffic,” which appears in the definition, means any exercise of discretion on an agent’s part when assigning a load to a motor carrier. If an entity representing more than one carrier exercises such discretion, it would not meet the definition of “bona fide agent.” Role of dispatch services There is no statutory or regulatory definition of a dispatch service, nor is there a commonly accepted definition of such a service, according to the FMCSA. Some features of dispatch services include working exclusively for motor carriers, not for shippers; sourcing loads for motor carriers; and performing additional services for motor carriers that are unrelated to sourcing shipments. FMCSA does not have statutory authority to regulate dispatch services unless such entities also meet the criteria for registration as brokers, freight forwarders, and/or motor carriers. Dispatch service: Broker or bona fide agent Dispatch services may be classified as either brokers or bona fide agents, depending on the nature and scope of their activities, according to the FMCSA. This requires a fact-specific analysis of whether the dispatch service’s activities meet the criteria set out in the statutory and regulatory definitions of “broker” or “bona fide agent.” While no single factor is paramount in assessing the business relationship between a dispatch service and a motor carrier, the extent of a motor carrier’s control is relevant because the greater control a carrier has over a dispatcher’s actions, the less likely the dispatcher is to exercise independent discretion in sourcing and allocating loads and hence need broker authority. Factors indicating broker authority is not required A dispatch service that meets the following criteria would generally be considered a bona fide agent and would not require broker authority, according to the FMCSA, which notes that “this list is not exclusive, and a dispatch service does not necessarily have to meet every listed factor, depending on its specific activities.” The dispatch service has a written legal contractual relationship with a motor carrier that clearly reflects the motor carrier is appointing the dispatch service as a licensed agent for the motor carrier. This is often a long-term contractual relationship. The written legal contract should specify the insurance and liability responsibilities of the dispatch service and motor carrier. The dispatch service complies with all state licensing requirements, if applicable. The dispatch service goes through a broker to arrange for the transportation of shipments for the motor carrier and does not seek or solicit shippers for freight. The dispatch service does not provide billing or accept compensation from the broker, third-party logistics company, or factoring company, but instead receives compensation from the motor carrier(s) based on the pre-determined written legal contractual agreement. The dispatch service is not an intermediary or involved in the financial transaction between a broker and motor carrier. The dispatch service is an IRS 1099 recipient from the motor carrier, or a W2 employee of the motor carrier as specified in the legal written contract agreement. The dispatch service discloses that they are a dispatch service operating under an agreement with a specific motor carrier, and the shipment is arranged for that motor carrier only. The dispatch service does not subsequently assign or arrange for the load to be carried/moved by another motor carrier. A dispatch service does not provide their “services” for a motor carrier unless that motor carrier specifically appointed the dispatch service as their agent in accordance with the aforementioned requirements. Factors indicating broker authority is required The following factors indicate the dispatch service should obtain broker authority, according to the FMCSA, which notes that “this list is not exclusive, and a dispatch service does not necessarily have to meet every listed factor, depending on the on its specific activities.” The dispatch service interacts with or negotiates any shipment of freight directly with the shipper, or a representative of the shipper. The dispatch service accepts or takes compensation for a load from the broker or factoring company or is involved in any part of the monetary transaction between any of those entities. The dispatch service arranges for a shipment of freight for a motor carrier and there is no written legal contract with the motor carrier that meets Section IV.E.1 of the Guidance above. The dispatch service accepts a shipment without a truck/carrier, then attempts to find a truck/carrier to move the shipment. The dispatch service engages in allocation of traffic by accepting a shipment that could be transported by more than one carrier with which it has agreements and assigns it to one of those carriers. The dispatch service is a named party on the shipping contract. The dispatch service is soliciting to the open market of carriers for the purposes of transporting a freight shipment.

Truckstop system shows easing spot rates in latest week’s data

BLOOMINGTON, Ind. — Total spot market rates in the Truckstop system declined slightly during the week ended June 9 (week 23), according to the company’s latest data. Broker-posted dry van and flatbed rates saw modest decreases while refrigerated spot rates were basically flat versus the prior week. “The van segments typically see fairly stable spot rates during the first two weeks of June in advance of what usually is a strong couple of weeks late in the month,” according to a news release. “Spot volume and capacity rebounded from sharp decreases during the Memorial Day holiday week.” Loads available Total load activity rose 10.1% after falling 14.1% during the holiday week. Volume was almost 42% below the same week last year and nearly 26% below the five-year average. Load activity rose in all regions. Truck postings jumped 16.5%, and the Market Demand Index – the ratio of loads to trucks – fell to its lowest level since before the International Roadcheck week in May. Total rates The total broker-posted rate declined just over 1 cent after holding essentially flat in the prior week. The total market rate was more than 22% below the same 2022 week and more than 1% below the five-year average. The deficit versus the five-year average is about a point larger than it was in the previous week, which had been the first to see a negative comparison versus the average since June 2020. Dry van Dry van spot rates fell 4 cents after easing two-tenths of a cent in the previous week. Rates were nearly 19% below the same 2022 week and 9% below the five-year average. Dry van loads rose 7.1% after falling more than 15% during the holiday week. Volume was 37% below the same week last year and 23% below the five-year average for the week. Loads declined in the Midwest but were up in all other regions. Reefer Refrigerated spot rates were essentially unchanged, ticking up just a tenth of a cent after falling about 5 cents in the prior week. Rates were almost 13% below the same 2022 week and nearly 5% below the five-year average for the week. Refrigerated loads increased 7.9% after falling nearly 14% during the holiday week. Volume was nearly 43% below the same week last year and about 23% below the five-year average for the week. Loads were up in all regions. Flatbed Flatbed spot rates decreased 1.6 cents after easing three-tenths of a cent in the prior week. Rates were 25% below the same 2022 week but 0.4% above the five-year average for the week. Flatbed loads rose 12.2% after falling 13.5% during the holiday week. Volume was nearly 47% below the same week last year and more than 31% below the five-year average for the week. Loads declined on the West Coast and in the Northeast but were up in all other regions – sharply in most cases.

Preliminary net trailer orders fall, cancellations rise with backlogs still elevated

COLUMBUS, Ind. — May’s preliminary net trailer orders decreased sequentially and were lower against longer-term comparisons, with 9,100 units (11,950 seasonally adjusted) projected to have been booked during the month, according to ACT Research. Final May results will be available later this month. This preliminary market estimate should be within +/-5% of the final order tally. “Preliminary net orders were 10% lower compared to April’s intake and down 54% versus the same month last year,” said Jennifer McNealy, director of commercial vehicle market research and publications at ACT Research. Seasonal expectations call for orders to continue their pull back in the coming months, particularly given near record-level order backlogs, as trailer manufacturers normally spend mid-year working down the backlog ahead of the next year’s orderboard opening in the fall, McNealy noted. “Albeit against strong comparisons, demand is softening,” she said. “In addition to the seasonally-anticipated slowing in orders, we’re starting to see increased and broad-based cancellations. That said, backlogs remain robust, so many fleets needing trailers remain in queue for orders already placed, with relative backlog measurements for most trailer categories still near the top of their target ranges.” When asked about build and backlog, McNealy commented, “Using preliminary May orders and the corresponding OEM build plans from the May State of the Industry: U.S. Trailers report (April data) for guidance, the trailer backlog should decrease by around 19,000 units to about 194,000 units when complete May data are released. That said, with orders being preliminary and the build number a projection, there will be some variability in reported backlogs when final data are collected.”

Truckload volumes rebounded in May; spot pricing held steady

BEAVERTON, Ore. — Truckload freight volumes rallied modestly in May and national average spot rates were stable for a second straight month, according to DAT Freight & Analytics, operators of the DAT One freight marketplace and DAT iQ data analytics service. The DAT Truckload Volume Index (TVI), an indicator of loads moved during a given month, increased for van, refrigerated (“reefer”) and flatbed freight: Van TVI: 220, up 5% from April. Reefer TVI: 164, a 5% increase month-over-month. Flatbed TVI: 258, up 7% from April. Month over month, the van and reefer TVI numbers rebounded from their lowest points since February 2021. Truckload volumes typically decline from April to May, but they increased for the first time since 2019. “This was the second-best May on record for van and reefer freight, according to our TVI,” said Ken Adamo, DA’s chief of analytics. “There was demand to move seasonal goods at a time when the truck supply on the spot market tightened due to the International Roadcheck inspection event, the Memorial Day holiday and general carrier attrition.” Van and reefer load-to-truck ratios increased National average van and reefer load-to-truck ratios rose in May: Van ratio: 2.5, up from 1.9 in April, meaning there were 2.5 loads for every truck on the DAT One marketplace. Reefer ratio: 3.6, up from 2.7. Flatbed ratio: 11.7, down from 12.1. National average broker-to-carrier spot rates were steady compared to April: Spot van rate: $2.05 per mile, down 1 cent. Spot reefer rate: $2.44 a mile, up 3 cents. Spot flatbed rate: $2.65 a mile, down 2 cents. Monthly national average line-haul rates, which subtract an amount equal to an average fuel surcharge, increased for the first time this year for all three equipment types. The average van line-haul rate was $1.61 a mile, up 2 cents compared to April; the reefer line-haul rate jumped 7 cents to $1.96 a mile; and the flatbed line-haul rate rose 2 cents to $2.12 a mile. Contract rates declined National average rates for contracted freight declined compared to April: Contract van rate: $2.62 per mile, down 6 cents. Contract reefer rate: $2.91 a mile, down 10 cents. Contract flatbed rate: $3.30 a mile, down 3 cents. The average rate for contract van and reefer freight has fallen for seven consecutive months. “Shippers are taking advantage of abundant truckload capacity to establish new contract rates at substantial savings compared to 2022, and to make strategic use of the spot market,” Adamo said. “We expect these trends to continue through the end of the year.”

Unionized UPS workers could strike this summer, scrambling supply chains and home delivery

NEW YORK — Unionized UPS workers voted overwhelmingly on Friday to authorize a strike, setting the stage for a potential work stoppage if the package delivery company and Teamsters can’t come to an agreement before their contract expires next month. The Teamsters said 97% of unionized workers voted for the authorization, which the union urged for in order to have more leverage during negotiations with the company. But a yes vote does not mean a strike is imminent. “If this multibillion-dollar corporation fails to deliver on the contract that our hardworking members deserve, UPS will be striking itself,” Teamsters General President Sean O’Brien said in a prepared statement. “The strongest leverage our members have is their labor and they are prepared to withhold it to ensure UPS acts accordingly.” The Teamsters represent about 340,000 UPS employees, more than half of the company’s workforce in the largest private-sector contract in North America. If a strike occurs, it would be the first since a 15-day walkout by 185,000 workers crippled the company a quarter century ago. UPS has grown vastly since then and become even more engrained in the U.S. economy. The company says it delivers the equivalent of about 6% of nation’s gross domestic product. That means a strike would carry with it potentially far-reaching implications for the economy. UPS said in a prepared statement the strike vote does not impact the company’s current business operations. “Authorization votes and approvals are normal steps in labor union negotiations,” the company said. “We continue to make progress on key issues and remain confident that we will reach an agreement that provides wins for our employees, the Teamsters, our company and our customers.” UPS workers are still seething about the current contract, which they feel was forced on them by prior union leadership in 2018 based on a technicality. The contract created two hierarchies of workers with different pay scales, hours and benefits. The union wants it eliminated. In addition to addressing part-time pay and what workers say is excessive overtime, the union wants improvements to driver safety, particularly the lack of air conditioning in delivery trucks, which has been blamed for the death of a driver and hospitalizations of others. On Tuesday, the union and the company announced they reached a tentative agreement to equip more trucks with air conditioning equipment. Under the agreement, UPS said it would add air conditioning to U.S. small delivery vehicles purchased after January 1, 2024. But those changes aren’t extending to vehicles already in operation – at least not yet. Instead, the union says two fans would be installed in all vehicles when a new contract is ratified. It also said the company agreed to add heat shield to some vehicles, and put air vents in all cars within 18 months of a new contract. Under the agreement, UPS says roughly 95% of its existing U.S. package delivery fleet will be enhanced. Teamsters spokesperson Kara Deniz said there have been two dozen tentative agreements reached with UPS since the negotiations began in April. The current contract expires on July 31. UPS delivers around 25 million packages a day, representing about a quarter of all U.S. parcel volume, according to the global shipping and logistics firm Pitney Bowes. That’s about 10 million parcels more than it delivered each day in the years leading up to the pandemic. UPS profits have soared since the pandemic began in 2020 as millions of Americans grew to rely on the delivery to their doorstops. Annual profits at UPS in the past two years are close to three times what they were pre-pandemic. The Atlanta company returned about $8.6 billion to shareholders in the form of dividends and stock buybacks in 2022, and forecasts another $8.4 billion for shareholders this year. The Teamsters say that profit growth is largely due to the hard work of UPS drivers and warehouse workers who carry everything from 50-pound bags of dog food and cases of wine to prescriptions. The acrimony over the current contract was the impetus for workers rejecting a candidate to lead the Teamsters favored by longtime union head James Hoffa. Union members instead chose O’Brien, who has dug in on the Teamsters’ contract demands of UPS. A win at UPS could also have implications for the organized labor outside the company. There have been prominent labor organization campaigns at Apple, Starbucks, Trader Joe’s, even strippers at a dance club in Los Angeles. Teamsters are also attempting to organize workers at Amazon. On Friday, the new president of the United Auto Workers gave his strongest warning yet that the union is preparing for strikes against Detroit’s three automakers when contracts expire in September.  

Fleet Advantage honored with Transportation Marketing and Sales Association award

SAVANNAH, Ga.  — Fleet Advantage has been given the 2023 Purpose Award for Community Engagement by the Transportation Marketing and Sales Association (TMSA) during the organization’s annual Elevate Logistics Marketing and Sales Conference held on June 13 in Savannah, Georgia. TMSA’s Purpose Award for Community Engagement is given to companies that distinguish themselves by going above and beyond their competitors and impacting their communities and the planet, according to a news release. “As a devoted advocate of supporting community-based initiatives and programs benefitting children and families in addition to the transportation industry, Fleet Advantage’s Kids Around The Corner Foundation (KATC) is the impulse of the company’s dedication to bringing hope and lasting change to the future generations in the country,” the news release stated. The KATC Foundation was founded to support smaller organizations and communities where their employees and clients live and work — the organizations that typically don’t have access to many funding options. Since 2014, KATC has donated to more than 35 charities. Fleet Advantage also volunteers in a mix of independent and employer-sponsored activities. “Kids Around The Corner believes our responsibility is to give back and foster community involvement, and our entire team at Fleet Advantage is thankful to TMSA for recognizing our efforts with this award,” said Elizabeth Gomez, marketing manager for Fleet Advantage and Committee Chair for Kids Around the Corner. “Just in 2022 alone, KATC helped over 18 organizations with donations, and we look forward to expanding on these numbers and changing more lives in the process this year.”