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Nebraska trucking firm founder to pay nearly $487K in fines

OMAHA, Neb. — The founder of a Nebraska trucking firm has agreed to pay a $486,900 fine to the federal government for purchasing large amounts of his company’s stock as a director without properly reporting it. The Federal Trade Commission announced Wednesday that Clarence Werner, founder of the Omaha-based truckload carrier Werner Enterprises, Inc., reached the agreement to settle charges that he violated federal antitrust law. Federal authorities say Werner exercised stock options in 2007, 2009, 2012 and 2019 to acquire shares of Werner Inc., but failed to make the proper federal filings required by law. Federal law requires companies and individuals to report stock purchases over a certain large threshold to the FTC and Department of Justice and then wait for both agencies can investigate the potential competitive impact of the transaction. The commission voted to accept the settlement, 4-0.

Ohio state police release dash cam footage of trooper striking big rig

COLUMBUS, Ohio — Dash camera footage from an Ohio State Highway Patrol (OSHP) trooper’s car shows the moment he struck the rear of a tractor-trailer along Interstate 70 in Columbus. OSHP officials said the trailer’s rear impact guard likely helped save the life of trooper Jarid Fitzpatrick, 25, who slammed into it in the early morning hours of Dec. 15. Fitzpatrick, who was not on call at the time of the accident, was hospitalized in serious condition but is expected to recover. The truck driver, Thomas Ervin, 58, of Heath, Ohio, was not hurt. Fitzpatrick called for assistance on his radio following the crash, which sandwiched the front half of his cruiser underneath the semi-trailer. The cause of the accident has not been released and is still under investigation.

Four charged after I-40 blocked by drivers doing stunts

RALEIGH, N.C. — As if truckers’ duties weren’t hampered by enough obstacles while out on the road, many 18-wheelers and other vehicles were subjected to lengthy delays on the night of Dec. 18 along Interstate 40 in North Carolina after a group of people blocked the eastbound lanes by performing stunts with their cars. Charges have been filed against three adults and a teenager in connection with the disturbance, the state Highway Patrol said. The News & Observer of Raleigh reports troopers responded to reports of vehicles blocking all eastbound lanes of I-40 near Aviation Parkway, close to Raleigh-Durham International Airport, shortly after 11 p.m. on Dec. 18, patrol spokesperson Sgt. Christopher Knox said. The vehicles were reported to be performing “donuts,” maneuvers in which drivers spin their cars in circles. Video posted on Instagram showed at least two cars spinning in circles in the middle of the highway, while a small crowd of people stood nearby cheering them on, the newspaper reported. Troopers cleared the highway, which led to the people involved in the stunts to disperse, leading to two pursuits, Knox said. Long-haul trucker Jimbo Casey of Oklahoma said he was stuck in traffic for “a good long while.” “I didn’t know what was going on for a few minutes, but word finally got out that there were some idiots doing burnouts on the freeway,” Casey said. “I mean, how stupid do you have to be?” The Associated Press contributed to this report.

Prosecutors asking court for hearing to reconsider trucker’s 110-year sentence

DENVER  — An online petition has gathered millions of signatures calling for leniency for a 26-year-old truck driver who was sentenced to 110 years in prison for vehicular homicide in an explosive accident at the base of a Colorado mountain highway that killed four people in 2019. More than 4.5 million people had signed the change.org petition urging Gov. Jared Polis to grant clemency or commute Rogel Aguilera-Mederos’ sentence by Tuesday, The Denver Gazette reports. Truckers nationwide have voiced outrage over the sentence on Twitter, using the hashtags #NoTrucksToColorado and #NoTrucksColorado, among others. Meanwhile, First Judicial District Attorney Alexis King, whose office prosecuted the case, filed a motion asking the court to schedule a hearing to reconsider the sentence, her office said Tuesday. The motion states that Colorado law allows reconsideration “in an exceptional case involving unusual and extenuating circumstances” but didn’t elaborate. Prosecutors are consulting with victims in the case to get their input prior to any proceedings, the motion states. King had said after sentencing she would welcome a reconsideration of the punishment. But she also told The Denver Post that Aguilera-Mederos didn’t accept efforts to negotiate a plea deal, and that the convictions recognized the harm caused to victims of the crash. The Democratic governor’s office said it would welcome an application for clemency, while Aguilera-Mederos’ attorney told KDVR-TV that a request could take time because the sentence was just handed down Dec. 13. Aguilera-Mederos was convicted in October of vehicular homicide and other charges stemming from the April 25, 2019, crash. He testified that he was hauling lumber when the brakes on his semitrailer failed as he was descending a steep grade of Interstate 70 in the Rocky Mountain foothills. His truck plowed into vehicles that had slowed because of another wreck in the Denver suburb of Lakewood. He was traveling at least 85 mph on a part of the interstate where commercial vehicles are limited to 45 mph. The chain-reaction wreck involving 28 vehicles ruptured gas tanks, causing a fireball that consumed vehicles and melted pars of the highway. Prosecutors argued that as Aguilera-Mederos’ truck barreled down from the mountains, he could have used a runaway ramp alongside the interstate that is designed to safely stop vehicles that have lost their brakes. Aguilera-Mederos testified he was struggling to avoid traffic and to shift his truck into lower gears to slow it down. In imposing the sentence, District Court Judge Bruce Jones said it was the mandatory minimum term set forth under state law — and suggested a lesser punishment was warranted. Mandatory minimum sentencing laws required that sentences on 27 counts of vehicular assault, assault, reckless driving and other charges run consecutively. “I will state that if I had the discretion, it would not be my sentence,” the judge said. Polis’ office issued a statement saying that “we welcome an application from Rogel Lazaro Aguilera-Mederos and will expedite consideration but have not received one yet at this time.” Aguilera-Mederos’ attorney, James Colgan, told The Post he intends to appeal the jury’s verdict and that any application for clemency or leniency would have to wait pending that appeal. Among other factors, an application requires input from the Department of Corrections. The crash killed 24-year-old Miguel Angel Lamas Arellano, 67-year-old William Bailey, 61-year-old Doyle Harrison and 69-year-old Stanley Politano. Relatives of victims said at Aguilera-Mederos’ sentencing he should serve time for the crimes. Duane Bailey, the brother of William Bailey, asked the judge to sentence Aguilera-Mederos to at least 20 years, the Post reported. “He made a deliberate and intentional decision that his life was more important than everyone else on the road that day,” Bailey said. Bailey’s wife, Gage Evans, told The New York Times the driver’s sentence shouldn’t be commuted but that lawmakers should instead examine the sentencing laws. “This person should spend some time in prison and think about his actions,” Evans said, adding she and other victims’ relatives object to a “public narrative” that Aguilera-Mederos is a victim. “We are truly the victims,” she said. Aguilera-Mederos wept as he apologized to the victims’ families at his sentencing. He asked for their forgiveness. “I am not a murderer. I am not a killer. When I look at my charges, we are talking about a murderer, which is not me,” he said. “I have never thought about hurting anybody in my entire life.” The Trucker News Staff contributed to this report.

ATA freight forecast shows recovery from pandemic-induced dip

ARLINGTON, Va. – The American Trucking Associations’ (ATA) annual look at the future of the freight economy shows a strong rebound and continued growth for demand this year and into the future. “With a focus on the supply chain this year, it is key we understand that among the many stressors on the system, the simple growth in freight demand and the economy is a significant factor,” said ATA Chief Economist Bob Costello. “After falling 6.8% in 2020, freight volumes are set to surge 7.4% this year – and we will see continued growth in freight demand across all modes for the foreseeable future.” Some key findings of this year’s forecast include: Total freight tonnage will grow from an estimated 15.1 billion tons in 2021 to 19.3 billion tons in 2032 – a 28% increase. While truck’s share of the freight tonnage will slowly decline from 72.2% in 2021 to 71% in 2032 – overall volumes will grow across all segments of the industry: truckload, less-than-truckload and private carrier. Truck tonnage should grow from 10.23 billion tons this year to 13.7 billion tons in 2023. The total revenue derived from primary freight shipments in the U.S. will increase from an estimated $1.083 trillion in 2021 to $1.627 trillion in 2032. “Trucking is continuously looking forward, and freight forecast is a tremendous tool for industry leaders and policymakers to see what the future holds for the transportation sector,” said ATA President and CEO Chris Spear. “Forecast is an indispensable resource for anyone interested in understanding not just the trucking industry, but the entire freight economy.”

As court clears way for vaccine mandate, truckers’ inclusion still questioned

CINCINNATI — A federal appeals court panel has allowed President Joe Biden’s COVID-19 vaccine mandate for larger private employers to move ahead, reversing a previous decision on a requirement that could affect some 84 million U.S workers. Meanwhile, the trucking industry is at odds with the rule, with several trucking-related organizations having filed suit in federal court against the mandate. The 2-1 decision on Dec.17 by a panel of the 6th U.S. Circuit Court of Appeals in Cincinnati overrules a decision by a federal judge in a separate court that had paused the mandate nationwide. The mandate from the U.S. Occupational Safety and Health Administration was to take effect Jan. 4. With the Dec. 17 ruling, it’s not clear when the requirement might be put in place, but the White House said in a statement that it will protect workers: “Especially as the U.S. faces the highly transmissible Omicron variant, it’s critical we move forward with vaccination requirements and protections for workers with the urgency needed in this moment.” So, are truckers covered under this mandate? OSHA has said it does not apply to employees who “do not report to a workplace where other individuals such as coworkers or customers are present, employees while they are working from home, or employees who work exclusively outdoors.” By that definition, many truckers may be exempt since drivers are often not employees, but independent contractors who are owner-operators of their own freelance business and operate their routes solo. Labor Secretary Marty Walsh said in early November that truckers may not need to worry about the mandate. “We’ve heard some pushback from truckers today,” he said on CNBC. “The ironic thing is most truckers are not covered by this, because they’re driving a truck, they’re in a cab, they’re by themselves, they wouldn’t be covered by this.” The American Trucking Associations (ATA) said that it reads the new regulations the same way. “The rule … exempts employees who exclusively work outdoors or remotely and have minimal contact with others indoors, and all indications thus far from the Department of Labor suggest this exemption does apply to the commercial truck driver population,” ATA president and CEO Chris Spear said in a statement. However, there has been no official statement from the government about exemptions for truckers. The ATA, along with the Louisiana Motor Truck Association, the Mississippi Trucking Association and the Texas Trucking Association, is suing the Biden Administration over the mandate. Around the nation, Republican state attorneys general and conservative groups said they would appeal the Dec. 17 decision to the U.S. Supreme Court. Twenty-seven Republican-led states joined with conservative groups, business associations and some individual businesses to push back against the requirement as soon as OSHA published the rules in early November. They argued the agency was not authorized to make the emergency rule, in part because the coronavirus is a general health risk and not one faced only by employees at work. The panel’s majority disagreed. “Given OSHA’s clear and exercised authority to regulate viruses, OSHA necessarily has the authority to regulate infectious diseases that are not unique to the workplace,” Judge Julia Smith Gibbons, who was nominated to the court by former President George W. Bush, a Republican, wrote in her majority opinion. “Vaccination and medical examinations are both tools that OSHA historically employed to contain illness in the workplace,” she wrote. Gibbons noted that the agency’s authority extends beyond just regulating “hard hats and safety goggles.” She said the vaccine requirement “is not a novel expansion of OSHA’s power; it is an existing application of authority to a novel and dangerous worldwide pandemic.” She was joined in the majority decision by Judge Jane Branstetter Stranch, an appointee of former President Barrack Obama, a Democrat. The case was consolidated in the 6th circuit, which is dominated by Republican-appointed judges. Earlier this week, the circuit’s active judges rejected a move to have the entire panel consider the case, on an 8-8 vote. The dissent in Friday’s ruling came from Judge Joan Larsen, an appointee of former President Donald Trump, who said Congress did not authorize OSHA to make this sort of rule and that it did not qualify as a necessity to use the emergency procedures the agency followed to put it in place. Larsen also argued that vaccinated workers “do not face ‘grave danger’ from working with those who are not vaccinated.” Arkansas Attorney General Leslie Rutledge, a Republican, said she would ask the U.S. Supreme Court to block the order. At least two conservative advocacy groups said they had already appealed to the nation’s highest court. “The Sixth Circuit’s decision is extremely disappointing for Arkansans because it will force them to get the shot or lose their jobs,” Rutledge said. South Carolina Attorney General Alan Wilson, who also is chairman of the Republican Attorneys General Association, said in a Twitter message Friday that he was confident the mandate could be stopped. The vaccine requirement would apply to companies with 100 or more employees and would cover about 84 million workers in the U.S. Employees who are not fully vaccinated would have to wear face masks and be subject to weekly COVID-19 tests. There would be exceptions, including for those who work outdoors or only at home. The administration has estimated that the rule would save 6,500 lives and prevent 250,000 hospitalizations over six months. On Friday, the U.S. Department of Labor, which includes OSHA, said the 6th circuit’s ruling will allow the agency to implement “common-sense, science-based measures to keep workers safe and healthy during a deadly pandemic.” The vaccine rule for private employers is separate from other vaccine mandates announced by the Biden administration that apply to federal government contractors and workers in health care facilities that receive funding from Medicaid or Medicare. Those rules also are under assault from conservatives and have been paused in at least some parts of the country. The Associated Press contributed to this report.

Iowa companies struggle to hire truck drivers

CEDAR RAPIDS, Iowa — A shortage of truck drivers, which began years before the COVID-19 pandemic worsened it and revealed supply chain gaps around the world, is driving starting wages into the six-figures and prompting renewed talk of allowing younger drivers to cross state lines behind the wheels of heavy trucks. The chief operating officer of CRST, a national trucking company based in Cedar Rapids, said he could find local market jobs for 1,000 more drivers if were able to hire that many. “There’s just that much demand out there,” COO Michael Gannon told the Cedar Rapids Gazette. The American Trucking Association estimates there’s an overall need to fill about 80,000 trucking jobs to meet the country’s demand. A study done by the association reports that the need could double by 2028, leading to 160,000 jobs to fill. Gannon said CRST, which he has been with for 38 years, has over 6,000 drivers spread out across multiple divisions around the nation with some driving interstate, but most traveling out and back less than 200 miles a day. He said the biggest industry change in the last few years has been getting drivers more time at home, instead of having them on jobs requiring them to be gone for days or even weeks at a time. “Getting drivers home daily or weekly, depending on the job, has been the goal,” he said. “We are doing our best to work toward that because that is the lifestyle drivers want, so it’s about getting more accelerated there.” Gannon said getting drivers home more often and raising pay rates are attempts to draw new people into the industry. Though the driver shortage predates the pandemic, the past year and a half period has been the most challenging he has faced in his career, Gannon said. “The crush of supply chain issues has finally put a push on the industry to raise rates and we’ve seen a huge increase in driver compensation in the past year, the biggest I’ve ever seen by far,” Gannon said. “But the challenge is there is a fight among all carriers for a shrinking pool of drivers. The silver lining, however, is drivers are now getting paid what they deserve.” Trucking companies across the country and in Iowa — including CRST, Heartland Express, Ruan, TMC and others — have boosted driver pay since the pandemic to stay competitive. Truck drivers around the nation are seeing pay increases in the tens of thousands, and students are being offered six-figure salaries as soon as they finish training programs. Kevonte Brown finished the truck driving training program last month at Kirkwood Community College. The 22-year-old living in Iowa City works for Carew Trucking and Landscaping in North Liberty. Brown, originally from Chicago, moved to Iowa when he started high school but then moved to the warmer Atlanta due to having sickle-cell anemia, which makes colder temperatures hard on his body. He said he moved back to Iowa recently just to get his commercial driver’s license from Kirkwood. “I was looking at trucking schools down South, but that would’ve come out of my own pocket. So I thought, why not come here and get my education for free?” Brown asked. “One of my friends opened my eyes to the gap-tuition program through Kirkwood and Iowa Workforce.” Under the program, partial or full tuition is provided for qualifying students pursuing certificates at the state’s community colleges for in-demand careers. Besides helping with trucking and transportation certificates, the program considers applications for other career training including health care, manufacturing, construction and information technology. Brown said every job he had looked at in the industry after finishing the program paid well. “I had a company offer me six figures to come drive trucks with them,” he said. “I didn’t accept it right now because I’m trying to get back to living in warm weather, so I didn’t want to join them and then leave.” Brown said that no matter where he ends up living, he is confident he will be able to find a high-paying job. “I really did have companies calling me left and right like bill collectors,” he said. “They like that I’m young. They really want the new generation to come and take over. Anywhere I move in the U.S. or the world, I know I will never have to worry about a job.” Brown is the target demographic for many trucking companies in Iowa and around the country, as many truck drivers are getting to the age of retirement. The average age of a driver in Iowa is 58, according to the Iowa Motor Truck Association. But Gannon said it’s harder to recruit 21-year-olds, which is the age you have to be to drive across state lines. Currently, there is a nationwide push among trucking organizations to have a federal law allowing 18-year-olds to drive heavy trucks across borders. Many in the industry, including Gannon, say they would like to pursue individuals graduating high school. By the time many turn 21, they already are in other jobs or finishing college, thus clogging a potential pipeline of a new generation of drivers. “Our owner, John Smith, has been pushing for 18-year-olds in the industry for 20 years,” Gannon said. “I think we’re finally there. If an 18-year-old can go to war, why can’t they drive a truck? If an 18-year-old went through Kirkwood or our program, there’s no doubt in my mind they would be a safe truck driver.” Kirkwood’s program, for which Brown returned to Iowa, is a four-week program that has been around for almost 40 years. Students in it receive over 200 hours of classroom instruction and a minimum of 60 hours behind the wheel. “It was great and they actually cared,” Brown said. “They don’t leave people behind and they make sure every person is up to speed with the class.” But like the truck driver shortage, Kirkwood has been dealing with its own instructor shortage since the pandemic began. Amy Lasack, executive director of continuing education and training services at Kirkwood, said each class had the capacity to have 12 students at once. But around the time the pandemic began, each class was limited to six students. “It started right before COVID hit,” Lasack said. “We’re hoping we can capitalize on truck driver retirements and they can come work as a part-time instructor.” The classes also are opportunities for trucking companies to recruit. Lasack said in any given month, a dozen or more companies will come in to speak to students. “It’s pretty informal, but they talk about what the industry is like and they talk about recruiting,” Lasack said. “Employers are there at some point almost every day.” Lasack said she thinks if regulations change regarding the age required to drive heavy trucks across state lines, that could help with the recruitment. “For students just graduating high school, the career isn’t an option for them,” she said. “A lot of companies find that silly: You can drive from Cedar Rapids to Sioux City, but not Cedar Rapids to Moline” under the current law.

NHTSA announces $260M in highway safety grants

WASHINGTON — The Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) has released nearly $260 million in highway safety grants. These grants, part of the funding included in the Bipartisan Infrastructure Law, were distributed to highway safety offices in all 50 states, the District of Columbia, United States territories and the U.S. Department of the Interior’s Bureau of Indian Affairs, according to a Dec. 16 NHTSA news release. The funds will help address the traffic safety crisis on America’s roads by helping states and territories support a broad array of traffic safety priorities, the news release stated. When full-year distributions are completed, the Bipartisan Infrastructure Law will increase the funding available for these vital life-saving programs by 31% over the previous fiscal year’s levels. “Traffic crashes take the lives of too many Americans, but these tragedies are not inevitable, and we will not accept them as part of everyday life,” said U.S. Transportation Secretary Pete Buttigieg. “Bolstered by additional funding from President Biden’s Bipartisan Infrastructure Law, these grants will save lives by improving safety on America’s roadways.” The $133.3 million in State and Community Highway Safety Program funds will enhance highway safety by supporting data-driven traffic safety programs in the states. These programs include initiatives such as high-visibility enforcement campaigns and other safe driving campaigns, as well as enforcement of and education about state laws on seat belt use and risky driving. In addition, the funding will help improve traffic records and support programs on the proper use of child safety seats, including inspection stations where caregivers can confirm the proper installation of their child safety seats. NHTSA is providing an additional $123.4 million to states and eligible territories through the National Priority Incentive Programs. These funds include nearly $70 million for impaired driving countermeasures; $19 million for state traffic safety information systems to help states build databases related to crashes; more than $17 million for occupant protection including seat belt education and enforcement; more than $9 million for distracted driving prevention; $6.6 million for pedestrian and bicyclist safety programs; and $2 million for motorcyclist safety. “The variety of funds available allows each state to target its specific challenges,” said NHTSA Deputy Administrator Dr. Steven Cliff. “Traffic safety may be a national problem, but the solutions are regional and local.” This funding is part of over $13 billion in funding for roadway safety programs in the Bipartisan Infrastructure Law, including a $6 billion new Safe Streets for All discretionary grant program. The Department will release its first ever National Roadway Safety Strategy in January to lay out policies and issue a call to action to officials at all levels of government and stakeholders across sectors to help reduce traffic fatalities and injuries.

Rally for trucker sentenced to century in prison draws just 8

DENVER — Only around eight people showed up for a march at the State Capitol in Denver on Monday to show support for former trucker Rogel Aguilera-Mederos, who has been sentenced to more than 100 years in prison for his role in a 2019 crash that killed four. CBS4 in Denver said the march began at around 10 a.m. at 200 East Colfax Avenue. Aguilera-Mederos was convicted of 27 counts, including vehicular homicide, and last week he was sentenced to 110 years in prison. Since then, more than 4.3 million people have signed an online petition asking Colorado Gov. Jared Polis to grant clemency, or commutation as time served. Since the verdict was handed down last week, there have been many calls online for truckers to strike in solidarity with Aguilera-Mederos. So far, no such strikes have gained momentum.

FMCSA’s Joshi leads first truckers listening session

WASHINGTON – U.S. Department of Transportation’s (DOT) Federal Motor Carrier Safety Administration (FMCSA) Deputy Administrator Meera Joshi met with independent truck drivers last week in Charleston, South Carolina, as part of the federal government’s efforts to help bolster the trucking industry during a time of supply chain woes. At the roundtable, DOT officials spoke with truck drivers about how the FMCSA will work closely with its federal and state partners to address truck driver retention, wages, sufficient and safe overnight parking, along with barriers facing those wishing to enter the industry. DOT Secretary Pete Buttigieg joined the conversation virtually. Truck drivers in attendance at the Charleston event highlighted the challenges of making a living without adequate support to improve detention times, particularly at shipping ports, but also at loading docks generally. Juan Gordan, president of the South Carolina-based trucking organization Coalition 18, said, “We’ve lost two-thirds of our work. We used to make ‘6 turns’ a day, now we can only make ‘2 turns’ a day, and under these circumstances, drivers can’t survive. Younger truckers are no longer telling the stories that their fathers and uncles used to tell, instead they’re telling horror stories – the detention times are too long.” Lewie Pugh, executive vice president of the Owner-Operators Independent Drivers Association (OOIDA), agreed, noting, “There’s a lot of talk about bringing new people into the industry, but we need to think about the quality of life for the people in the industry right now.” Joshi’s visit to South Carolina took place the same day the Biden-Harris Administration Trucking Action Plan to Strengthen America’s Trucking Workforce was announced during a White House forum co-chaired by Buttigieg, Department of Labor (DOL) Secretary Marty Walsh and National Economic Council Director Brian Deese. “It cannot be overstated how vital truck drivers are to every American family,” said Joshi, who announced on Dec. 20 that she would be leaving the FMCSA to take on a role as one of the deputy mayors of New York City. “As a nation, we count on truckers time and time again during crises. But truck drivers deserve not only our appreciation, but also our respect and support, including fair compensation, and safe and sufficient rest areas.” The Trucking Action Plan included the launch of the joint Driving Good Jobs initiative, which marks a new partnership between DOT and DOL. “This initiative directs FMCSA to take actions, including: conducting a series of truck driver and industry listening sessions around the country; studying the issue of truck driver pay and unpaid detention time; setting up a task force to investigate predatory truck leasing arrangements; and identifying longer term actions, such as potential administrative or regulatory steps that support drivers and improve driver retention by raising the quality of trucking jobs,” according to a DOT news release.  

Florida college creating new commercial driving facility

YULEE, Fla. – Florida Governor Ron DeSantis has awarded more than $3.1 million to Florida State College at Jacksonville (FSCJ) to establish the Nassau County Transportation Education Institute, a commercial driving facility that will expand the workforce training available at FSCJ’s Nassau Center. “I am proud to make these awards to Florida State College at Jacksonville and to the Big Bend Technical College,” DeSantis said. “These awards will advance Florida’s skilled workforce by providing Floridians with state-of-the-art learning opportunities that will prepare and equip future workers while supporting continued growth in their communities.” The funds will allow FSCJ to purchase new training trucks and construct two commercial vehicle driving pads for the Transportation Education Institute, according to a news release. Through this program, students can obtain commercial driver’s license class B and class C credentials. “In turn, individuals will be equipped to enter the workforce in the high-wage transportation, logistics and supply chain industry in Northeast Florida,” the news release stated. The program will be able to provide required driving classes and endorsements for an estimated 1,240 individuals to obtain high-demand jobs in the transportation industry. “Under Governor DeSantis’ leadership, these awards will prioritize workforce development projects that provide Floridians with the skills needed to thrive in the health and transportation industries,” said Secretary Dane Eagle of the Florida Department of Economic Opportunity (DEO). “Floridians will have the opportunity to earn the necessary skills to succeed in two of Florida’s fastest growing industries.” Florida Department of Transportation Secretary Kevin J. Thibault, P.E., called commercial drivers a “critical component of our supply chain, as these men and women help ensure the efficient movement of goods within each of our communities. “Through these awards, Governor DeSantis is providing more opportunities for this crucial industry as the need for additional skilled drivers has been very clear, especially this past year.” The Florida Job Growth Grant Fund is an economic development program designed to promote public infrastructure and workforce training across the state. Proposals are reviewed by DEO and Enterprise Florida Inc. and chosen by the governor to meet the demands for workforce training or infrastructure needs in communities around the state.   .

Reaction mixed on White House’s bold trucking plan

WASHINGTON — Mixed reaction is rolling in over the White House’s recent announcement about a plan to help the trucking industry. Some in the world of big rigs applaud it. Others hate it. The Biden-Harris Administration’s Truck Action Plan includes four strategies to strengthen America’s trucking workforce. The program will kick off a 90-day apprenticeship program for employers, expedite commercial driver licensing and identify states with CDL hurdles, as well as focus on recruiting, training and retaining drivers from underrepresented communities to jobs that are strong, safe and stable. The announcement is welcomed by industry groups who have been working on solutions to the driver shortage for years. On the other hand, many drivers and owner-operators aren’t as enthusiastic. American Trucking Associations (ATA) Executive Vice President of Advocacy Bill Sullivan said, “We are encouraged that the Biden Administration has not only recognized the importance of adding new and well-trained Americans to the trucking workforce, but has announced a path forward with what we believe will become a robust training opportunity for future commercial truck drivers.” The registered apprenticeships for trucking will allow employers of all sizes and industry segments to provide debt-free paths to a trucking career with high-quality training. The Department of Labor’s Office (DOL) of Apprenticeship will be aggressively working with interested employers to build apprenticeship programs in as little as 48 hours. As part of the effort to reduce barriers to drivers obtaining their CDLs, the Federal Motor Carrier Safety Administration (FMCSA) announced immediate funding of over $30 million to help states expedite CDL testing and issuance. Several states, including Arkansas, are experiencing significant testing delays from a backlog created by insufficient staffing, turnover and increased demand. The ATA estimates the driver shortage to be 80,000 — an all-time high for the industry — and with expected freight growth, the shortage could surpass 160,000 in 2030. The Truck Action Plan is part of the administration’s Supply Chain Disruptions Task Force that launched earlier this year to address tightening bottlenecks in the supply chain. The steps announced in the Trucking Action Plan include both short- and long-term solutions and timelines to begin taking action for the next 30 days, 60 days and 90 days as the country continues to economically recover from the pandemic. “We thank the president and his administration for recognizing the important work of the men and women in the trucking industry. We appreciate any effort to support and expand access to quality driving jobs and address the pandemic-driven delays in obtaining a commercial driver’s license,” said Shannon Newton, president of Arkansas Trucking Association. “We welcome the opportunity to work together in sharing our industry with a new cohort of drivers.” Todd Spencer, president of the Owner Operator Independent Drivers Association (OOIDA), wasn’t as enthusiastic. “There are some elements in the Plan we support, including further analysis of driver compensation and unpaid detention time,” Spencer said. “However, the plan fails to address excessively high driver turnover rates. Attracting and training new drivers won’t solve the larger problem of retention.” On The Trucker’s social media platform, reactions to the plan were mostly negative. “They’re from the government and they’re here to help,” wrote Rock Bowman on Facebook. “Yeah, right. More like just another way to wash money into the pockets of the apparatchiks. It’s a highly descriptive word worth looking up.” “How about safe parking,” wrote Trevor Kiecker. “A permit to carry in every state for safety reasons healthy food that won’t break the bank and some respect. How about letting us police our selfs and have the the power to do so. I mean I’ll sleep when I’m tired and drive when I can. Instead of this dam eld.” “So a bunch of people that have never drove a truck are going to get together and make things better…,” wrote Dawn Doolittle. “Yup this will work out well!”    

Study: Trucking accidents up after electronic logging device mandate

FAYETTEVILLE, Ark. – A new study by the Supply Chain Management Research Center at the University of Arkansas found that the federal electronic logging device (ELD) mandate has not reduced accidents and that its implementation correlates with an increase in unsafe driving incidents. “Surprisingly, the number of accidents for the most-affected carriers — those operators for whom the federal mandate was intended — did not decrease,” said Andrew Balthrop, research associate in the Sam M. Walton College of Business. “In fact, following the implementation of the mandate, accidents among small carriers and independent owner-operators increased, relative to large asset-based carriers.” In December 2017, the Federal Motor Carrier Safety Administration (FMCSA) began enforcing a mandate requiring truck drivers to track their working hours with an ELD. Compared to traditional paper logs, such devices made it more difficult for drivers to manipulate records to make it appear they are complying with hours-of-service regulations, when in fact they are not. After a “light enforcement” period, regulators began strictly enforcing the mandate on April 1, 2018. According to a University of Arkansas news release, Balthrop and several colleagues analyzed detailed data from the FMCSA to determine how the mandate affected three critical transportation safety-related outcomes: compliance with reporting hours of service, accident counts and frequency of unsafe driving. Focused on these outcomes, the researchers compared data over three time periods — before the mandate and during the light and strict enforcement periods. They also looked at these outcomes based on company size, ranging from independent owner-operators to carriers with more than 50,000 trucks. The mandate significantly improved driver compliance with reporting hours of service, the researchers found. This was especially true for small carriers and independent owner-operators. Large carriers had already been using electronic logging devices before the mandate and were practically unaffected. For most carriers — that is, all categories other than the carriers with more than 50,000 trucks — the number of accidents actually increased after the federal mandate took effect. Again, this was especially true for independent owner-operators. They experienced an 11.6% increase in accidents, and carriers with two to 20 trucks had a 9% increase. The researchers’ analysis of unsafe driving infractions for different sizes of carriers during the light and strict enforcement periods showed that these also increased compared to infractions before the mandate took effect. This was true for all size categories, but the increases were greater for small and medium-sized carriers who had not been using an electronic logging device before the mandate. “Our results indicate the electronic logging device mandate did not immediately achieve its goal of reducing accidents,” Balthrop said. “Drivers have reacted in ways the FMCSA has not fully anticipated, and these behaviors should be accounted for as the FMCSA revisits their hours-of-service policies.” The electronic logging-device mandate coincided with an increase in unsafe driving and speeding citations among truck drivers, and this likely caused an increase in accidents, Balthrop said. The stricter hours-of-service enforcement seems to have led more drivers to try to compress their routes into the time allotted.  

Joshi resigns from FMCSA to take on role as deputy NYC mayor

NEW YORK — Meera Joshi, deputy administrator of the Federal Motor Carrier Safety Administration (FMCSA), has accepted a role as one of New York City’s deputy mayors. News broke of Joshi’s move late Monday morning. New York’s mayor elect, Eric Adams, selected Joshi to serve as deputy mayor of operations, according to media outlets in New York. American Trucking Associations President and CEO Chris Spear said of Joshi: “(She) has led FMCSA through historic times—as an unprecedented global pandemic, countless natural disasters, a cyberattack on a major domestic pipeline, and widespread workforce shortages challenged the freight economy in ways never before seen. “Throughout her tenure, the trucking industry has found Deputy Administrator Joshi to be a candid, collaborative, and valued partner in government. Her use of data and stakeholder input drove a sound policy process designed to meet real-world needs. Her leadership has helped to ensure our industry could continue to safely serve the American people and meet the demands of the economy during these incredible times.”  

New Interstate 69 section reopened in central Indiana

MARTINSVILLE, Ind. — A new section of the Interstate 69 extension project in central Indiana has reopened for drivers. The northbound lanes of I-69 through Martinsville were opened Monday morning following a ribbon-cutting ceremony with Gov. Eric Holcomb and other officials. The southbound lanes are expected open later in the week, the state highway department said. Those steps will reopen the main route between Bloomington and Indianapolis that has been cut off as a 5-mile stretch of what was Indiana 37 through Martinsville was closed in January to upgrade the roadway and build interchanges. The state highway department said the closure allowed the work to be finished a year faster than if limited traffic was maintained through the work zone. Holcomb called Monday’s reopening a “historic milestone in the life of I-69.” He said the project “makes travel safer and more efficient, and will catalyze economic growth and job creation across the Hoosier state.” The I-69 project’s focus will then turn to upgrading the Indiana 37 corridor between Martinsville and I-465 on the southwest side of Indianapolis. No full closures are planned on that section as construction is expected to continue into 2024. The I-69 extension has been under construction through southwestern Indiana since 2008 and currently runs from Evansville to Martinsville.

2 truckers killed after colliding head on in Utah

RURAL UTAH — An International tractor-trailer traveling northbound on State Road 191 in Utah struck a southbound Kenworth on Dec. 14, killing both drivers. According to the Utah Department of Public Safety (UDPS), the accident happened at around 4:35 a.m. near the 154 mile post. A UDPS news release stated that the International “drifted left crossing the center line going into southbound traffic. A southbound Kenworth semi-truck was unable to avoid the oncoming semi and they collided.” Both semis hit head on in the southbound travel lane. The driver of the International, Bertram Frink, 54, of Salt Lake City, was killed on impact, according to the UDPS. The driver of the Kenworth, Clark Hatch, 54, of Koosharem, Utah, was treated at the scene but died before a medical helicopter could transport him to a hospital. The crash is still currently under investigation. Frink’s obituary noted that “Bert loved making arts and crafts, and driving his semi-truck.” It ended with a final message: “Keep on Trucking!”  

Judge blames Colorado law for 110-year sentence against trucker

DENVER — The 110-year prison sentence meted out Dec. 13 to the truck driver who killed four people when he lost his brakes on Interstate 70 put a renewed spotlight on Colorado’s mandatory-minimum sentencing laws and on district attorneys’ ability to use such laws to ensure convictions lead to prison time. Rogel Aguilera-Mederos, 26, was sentenced to a prison term twice as long as some Colorado murderers after his convictions triggered provisions in state law that forced District Court Judge Bruce Jones to lay down a minimum 110-year sentence. And there are many who want what they perceive as a miscarriage of justice fixed. Dozens of online trucking groups, along with scores of truckers, have been furiously posting messages in support of a reduced sentence for Aguilera-Mederos. The Direspected Trucker, which has a large following on social media, wrote recently on Twitter: “Truckers!!!! Stop delivery to Colorado immediately!! Until the governor does something about the ridiculous sentence handed down to one of our own we need to boycott Colorado.” Other groups are offering similar messages online. The judge said during the sentencing hearing that he had no discretion to set a lesser prison term, though he would have liked to. One family member of a man who died in the fiery 28-car pileup in Lakewood said he did not want a life sentence for the truck driver. And the day after the sentencing, First Judicial District Attorney Alexis King — who pursued the convictions that led to the 110-year sentence — said in a statement she would “welcome” a reconsideration of the prison term. Aguilera-Mederos’ sentence stretched to more than a century because under Colorado law, first-degree assault and attempted first-degree assault are so-called “crimes of violence” in which prison sentences must run consecutively, and not concurrently, when they spring from the same incident. “This is a grossly excessive sentence,” said Mark Silverstein, legal director for the ACLU of Colorado. “It cries out for the reform of sentencing laws. But I think calls for change also need to be directed at the seldom-criticized but largely unchecked power of prosecutors. They have the power to decide who goes to prison and for how long. Prosecutors decide on the charges to file, and they decide what plea bargains to offer.” King refused to talk to The Denver Post about the case, which was initially charged under her predecessor, Pete Weir, and instead sent statements through a spokesman. “The facts and consequences of Mr. Aguilera-Mederos’ decisions that day were extraordinary enough to support pursuing first-degree assault charges,” she said. Aguilera-Mederos refused to accept any plea offer “other than a traffic ticket,” King said, and the convictions recognize the harm caused to victims of the crash. “My administration contemplated a significantly different outcome in this case, but Mr. Aguilera-Mederos wasn’t interested in pursuing those negotiations,” she said. Aguilera-Mederos’ attorney, James Colgan, would not discuss what sort of plea bargain was considered, except to say that the discussions “were not fruitful.” Silverstein said King’s statement suggests the district attorney’s office overcharged the case to try to pressure Aguilera-Mederos into pleading guilty rather than taking the case to trial. “It’s out of line for the prosecutor to blame the defendant for exercising his constitutional rights,” Silverstein said. George Brauchler, former district attorney for the 18th Judicial District, disagreed. “I have little sympathy for someone who turns down a reasonable plea bargain offer, and then goes to trial and bemoans the fact that the worst thing that could happen to them happened,” he said. Colorado’s mandatory minimums largely were established in the 1990s as a tough-on-crime response to rising crime rates and a perception among conservative politicians that the state’s judges were handing out light sentences, said Stan Garnett, former Boulder County district attorney. There were concerns that sentences for the same crimes varied dramatically depending on the judge and perhaps on the defendant, Brauchler said. The laws give tremendous power to district attorneys, Garnett said. “You can, in the way you charge the case, predetermine what the sentence is going to be, and put an extreme amount of pressure on the defendant to plea,” he said. “It makes it impossible for a judge to fashion a sentence that fits the particular crime and particular defendant.” Brauchler said the laws ensure that perpetrators of violent crime who harm multiple victims are held responsible with prison sentences for each victim, since the terms must run consecutively. “This guy killed four people,” Brauchler said. “How much time are four lives worth?” He added that people convicted of vehicular homicide in Colorado, which carries a recommended sentence of between two and six years in prison, are eligible to be sentenced to probation instead of prison. “If that was the only charge, vehicular homicide, that guy might have walked out of the courtroom,” he said. “There’s no outcome, using those weak charges, that comes even close to justice. That can’t be justice when you kill four people.” A jury in October found Aguilera-Mederos guilty of four counts of vehicular homicide, six counts of first-degree assault, 10 counts of attempted first-degree assault, four counts of careless driving causing death, two counts of vehicular assault and one count of reckless driving. The state’s mandatory-minimum laws have faced criticism in recent years, and some of the state’s minimums have been reduced or removed. State Sen. Bob Gardner, a Colorado Springs Republican who sits on the state’s year-old Sentencing Reform Task Force, said Tuesday that he’s looking into Aguilera-Mederos’ case. “When I saw the story this morning, I thought it was worth making some inquiries of both prosecutors and defense counsel alike as to whether this is an anomaly, whether this is something we ought to deal with and, frankly, to see whether it is something as we’re doing our sentencing reform that could be addressed,” he said. The task force, formed by Gov. Jared Polis last year to review and suggest changes to the state’s sentencing laws, began its work with misdemeanor cases and has not yet considered reforms to felony sentencing, said Maureen Cain, a task force member and director of legislative policy and external communications for the Colorado Public Defender’s Office. That work should start next year. Aguilera-Mederos intends to appeal the jury’s verdict, Colgan said, and is also considering a variety of challenges to the sentence, though those challenges will have to wait until the appeal process concludes. An online petition calling for Polis to commute Aguilera-Mederos’ sentence had more than 1 million signatures Wednesday night. “The law is just so frustrating because it ends up in miscarriages of justice like this,” Colgan said Tuesday. “The law is poorly written.” The state’s mandatory sentencing law allows for the trial judge to reduce the sentence within 91 days of Aguilera-Mederos’ commitment to the Department of Corrections, after the department evaluates Aguilera-Mederos and submits a report to the judge. The judge must find “unusual and extenuating circumstances” to modify the sentence, the law says — a step Jones implied he’d be willing to take. Aguilera-Mederos could also ask the court to reconsider the sentence through other legal avenues, Colgan said. Colgan expects Augilera-Mederos will not be eligible for parole until he is in his 70s or 80s — state law says he must serve 75% of his sentence (that’d be about 82 years) before he can be paroled. That percentage often ends up being closer to 50% of the total sentence once the Department of Corrections applies credits for time served, good time and other measures, Brauchler said. “Nobody on planet Earth can tell you how many days this guy will serve before he is parole-eligible,” Brauchler said. Colgan said the state’s mandatory minimum sentencing laws should be changed to give more discretion to judges. “(If) you don’t allow the judge to put some humanity into the law, it becomes a rubber stamp,” he said, “and everybody gets sucked in.” The Trucker Staff contributed to this report.

Major funding: FHWA delivers more than $52B to federal highways

WASHINGTON – The U.S. Department of Transportation’s Federal Highway Administration (FHWA) is providing $52.5 billion in funding to all 50 states and the District of Columbia under the Bipartisan Infrastructure Law, also known as the Infrastructure Investment and Jobs Act. According to a news release issued on Dec. 15, the $52.5 billion in apportioned funding for Fiscal Year 2022 represents an increase of more than 20% as compared to Fiscal Year 2021 for Federal-aid Highway Program apportionments. This funding is distributed annually by FHWA for the Federal-aid Highway Program based on a statutory formula contained in the Bipartisan Infrastructure Law. “We are committed to delivering on the promise of the Bipartisan Infrastructure Law, and putting people to work modernizing our infrastructure and making it safer, more sustainable, and more efficient,” said U.S. Transportation Secretary Pete Buttigieg. “In implementing the Bipartisan Infrastructure Law, the U.S. Department of Transportation (USDOT) and FHWA believe the Federal-aid Highway Program apportionments, as well as additional formula funding under the Highway Infrastructure Program and discretionary funding to be made available through new and existing program grants, will address long-overdue needs hampering the safety and performance of America’s roads, bridges and highways,” the news release stated. The funding will help reduce the backlog of major repairs for highways and bridges and increase the number of communities that have strategies to reduce traffic deaths and serious injuries. Additional funding to be announced in 2022 will contribute to: Fixing up to 10 of the most economically significant bridges in the nation, and repairing over 15,000 smaller bridges across the country; Reconnecting as many as 20 communities by removing portions of interstates and redesigning rural main streets; and Spurring the creation of a nationwide network of 500,000 EV chargers by 2030, including a special program for smaller and underserved communities. “Providing states with information on their apportioned funds today is an important first step in using the resources provided in the Bipartisan Infrastructure Law to make transportation systems across the country safer and more resilient,” said Deputy Federal Highway Administrator Stephanie Pollack. “We look forward to working with transportation agencies and the communities they serve to use these resources to build a better America.” Federal-aid Highway Program funds are authorized periodically by Congress in multi-year laws to assist states in providing for construction, reconstruction and improvement of highways and bridges on eligible federal-aid routes and for other special purpose programs and projects. The Bipartisan Infrastructure Law establishes or continues FHWA programs and authorizes funding for those programs from the Highway Trust Fund. As the first step, FHWA is distributing these funds through a process known as an apportionment, using a statutory formula to determine the amount available to each state. In addition to the apportionment of funding, FHWA will issue obligation limitation, which allows states to commit a portion of their apportioned funding for the period through Feb. 18, 2022, when the current Continuing Resolution for Federal Fiscal Year 2022 appropriations ends. Obligation limitation represents the ability of a state or other entity to enter into a project using federal funds, with the federal government making a binding promise to pay or reimburse the state or other entity for the Federal share of the project’s eligible costs.  

Icy interstate pileup caught on Minnesota DOT camera

MINNEAPOLIS — A multi-vehicle crash Dec. 10 on Interstate 35 in Minnesota unfolded before a Minnesota Department of Transportation live camera. No injuries were reported, but the video shows a wild ride for those involved. The crash happened around 11 a.m. in the southbound lanes of I-35.

Love’s adds hundreds of truck parking spaces at five new locations

OKLAHOMA CITY – Love’s Travel Stops is now serving customers in Heflin, Alabama; Kimball, South Dakota; Fillmore, Utah, and Leavenworth, Indiana, thanks to four stores that opened Thursday morning. A fifth store in Klamath Falls, Oregon, opened Friday. Combined, the stores will add more than 380 truck parking spaces and more than 280 jobs to their respective communities. “For only the second time in the history of Love’s, we’re opening five new locations in one day that will be ready to help get customers back on the road quickly and safely,” said Greg Love, co-CEO of Love’s. “Our team members in Klamath Falls, Heflin, Kimball, Fillmore and Leavenworth will provide customers the Highway Hospitality they expect when stopping at Love’s.” The locations are open 24/7. Amenities are broken down by location below: Klamath Falls, Oregon More than 13,000 square feet Carl’s Jr. (Opening Jan. 17) 94 truck parking spaces 80 car parking spaces Seven diesel bays Five showers Laundry facilities CAT scale Bean-to-cup gourmet coffee Brand-name snacks Fresh Kitchen concept Mobile to Go Zone with the latest GPS, headsets and smartphone accessories Heflin, Alabama More than 12,000 square feet. Bojangles. (Opening Jan. 10) 72 truck parking spaces. 57 car parking spaces. Four RV parking spaces. Seven RV hookups. Eight diesel bays. Seven showers. Laundry facilities. CAT scale. Speedco. (Opening later) Bean-to-cup gourmet coffee. Brand-name snacks. Fresh Kitchen concept. Mobile to Go Zone with the latest GPS, headsets and smartphone accessories. Dog park. Kimball, South Dakota More than 12,000 square feet. Godfather’s Pizza and Subway. (Opening Jan. 10) 68 truck parking spaces. 48 car parking spaces. Five RV spaces. Six diesel bays. Five showers. Laundry facilities. CAT scale. Bean-to-cup gourmet coffee. Brand-name snacks. Fresh Kitchen concept. Mobile to Go Zone with the latest GPS, headsets and smartphone accessories. Dog park. Fillmore, Utah More than 11,000 square feet Taco John’s (Opening Jan. 10) 73 truck parking spaces 58 car parking spaces Two RV spaces Eight diesel bays Seven showers Laundry facilities (Opening later) CAT scale Speedco (Opening later) Bean-to-cup gourmet coffee Brand-name snacks Fresh Kitchen concept Mobile to Go Zone with the latest GPS, headsets and smartphone accessories Dog park Leavenworth, Indiana More than 12,000 square feet Hardee’s (Opening Feb. 14) 75 truck parking spaces 50 car parking spaces Three RV parking spaces Nine RV hookups Seven diesel bays Five showers Laundry facilities CAT scale Speedco (Opening later) Bean-to-cup gourmet coffee Brand-name snacks Fresh Kitchen concept Mobile to Go Zone with the latest GPS, headsets and smartphone accessories Dog park