The Nation

LOUISVILLE, Ky. — A federal infrastructure bill could allow Kentucky to pay for two large bridge projects without tolls, state Senate President Robert Stivers said Friday, Aug. 13. The $1 trillion bipartisan plan passed the Senate 69-30 Aug. 10, with Kentucky’s GOP senators splitting their vote. Senate Minority Leader Mitch McConnell, who supported the measure, praised the bill’s potential to help update highways, bridges and airports; extend broadband; and provide clean drinking water to Kentuckians. Sen. Rand Paul, who voted no, said that the bill was “Step 1 of the `Green New Deal.’” While Kentucky would receive at least $5.1 billion over several years for infrastructure, the state would still have to apply for part of $12 billion in federal funds set aside for larger projects that have “multistate implications,” said Stivers, a Republican. That would help pay for the Brent Spence Bridge and the Interstate 69 bridge projects, he said at a virtual press briefing held with Kentucky business groups by the U.S. Chamber of Commerce. “That is more than enough to cover our portion of both bridges, without us having to toll or raise taxes,” he added. If so, Louisville bridges that connect Kentucky’s largest city to Indiana, would be the only bridges in the state to have tolls. Stivers warned that if the federal measure did not become law, Kentucky’s state budget would be strained by the cost of the projects. The 56-year-old Brent Spence bridge, which links Ohio and Kentucky, closed briefly in 2020 after it was damaged in a truck collision. It cost roughly $12 million dollars in federal emergency funds to repair. Kentucky Transportation Secretary Jim Gray noted in December that the structure currently carries twice the number of vehicles per day that it was built for and that the construction of a “companion bridge” would be the only long-term solution. The Interstate 69 bridge project, which would run over the Ohio River between Indiana and Kentucky, is estimated to cost nearly $1.5 billion. Earlier last week, Gov. Andy Beshear shared Stiver’s optimism about the role of the measure in restoring the state’s bridges and highways. “We can make it happen for communities that have been waiting for so long,” said Beshear, a Democrat. “If this transportation bill goes through … it’s not just a huge amount of highway and interstate money, but it’s truly these large significant projects that open up a lot of portions of our state.” By Piper Hudspeth Blackburn, The Associated Press

GLENWOOD SPRINGS, Colo. — A stretch of Interstate 70 through Colorado’s Glenwood Canyon that has been shut down since July 29 because of mudslides is expected to reopen to limited traffic as early as Saturday afternoon, Aug. 14. The closure of the corridor, which is a heavily traveled freight route, has forced commercial drivers to detour north on I-80 through Wyoming. The announcement was made Aug. 11 by Colorado Gov. Jared Polis during a visit to the site, where he surveyed the damage caused by devastating mudslides in the surrounding area and observed the progress made to clean up and reopen the canyon route. “Clearing and ultimately re-opening the I-70 corridor through Glenwood Springs is our top transportation priority. This corridor plays a vital role in our state’s economy,” Polis said. “CDOT and state emergency operations have made tremendous progress in cleaning up and removing tons of mud and debris that have completely blocked off access to this roadway,” he said. “As the state recovers from this incident and reopens this corridor Saturday afternoon, we will continue to need strong federal partners in the Biden administration and our federal delegation.” Polis was joined by Shoshana Lew, Director of the Colorado Department of Transportation (CDOT) and state officials. According to an Aug. 11 statement released by CDOT, there is “There is extensive work to be accomplished over the next four days” for the route to partially re-open this weekend. The July 29 mudslides stranded more than 100 people in their vehicles overnight and caused extensive damage. Following the mudslides, Polis issued two executive orders authorizing a disaster declaration because of the vital role the I-70 corridor plays in the nation’s transportation system. On Aug. 9, Polis appealed to the U.S. Department of Transportation to provide $116 million in aid through the Federal Highway Administration’s (FHWA) Emergency Relief program to support the recovery response. The state requested that 10% of the total funding request ($11.6 million) to be issued through an expedited process. The request for emergency relief calls for the following: $50 million for a Future Resiliency & Redundancy Study to help prevent similar events in the future; $20 million to cover damage caused by the event or debris removal hauling costs; $20 million for assumed damage repair estimates (nonvisible); $10 million to mitigate impacts to existing state highway alternate routes as a result of the I-70 closure; $5 million for potential geohazard mitigation at several locations; $5 million to cover construction management and construction engineering costs; $4 million for debris removal costs, including maintenance staff costs; $1 million for supplemental traffic control services (contractor) costs; and $1 million for CDOT administration (non-maintenance staff) costs. “The ongoing vulnerability due to the severe erosion described above will likely require improvements to diversion routes such as Cottonwood Pass to be able to withstand heavier traffic in the future while providing resiliency,” the letter continues. “Prior estimates concluded that improvements to Cottonwood Pass are upwards of $50 million of which has been carried forward in the estimates below, subject to further assessment which could increase this number.” For updates on Colorado’s I-70 corridor or information about alternative routes, click here.

Texas Gov. Greg Abbott this summer signed a new law designed to cut down on frivolous lawsuits and create a level playing field for trucking operators in the state. The bill was backed by several groups, including the American Trucking Associations (ATA), the Texas Trucking Association, the Keep Texas Trucking Coalition and the Owner-Operator Independent Drivers Association. “For years, the plaintiffs’ bar has been perverting the civil justice system into a profit center to line their own pockets, leeching off a critical link in the supply chain and the livelihoods of honest and hardworking truckers in their pursuit of Jackpot Justice,” said ATA President and CEO Chris Spear in a release. “But those days are now coming to an end.” Trucking is particularly big business in Texas, where the industry provides more than 735,000 jobs, accounting for 1 in 15 workers. A full 82% of Texas communities rely exclusively on trucking to move their goods. Advocates of the bill say this reliance has made the industry an easy target of “bad actors” in court, as it has across the country. The new law is intended to screen out such claims while still allowing legitimate cases their day in court. Under the legislation, accident cases receive the same treatment as criminal trials, whereby the incident will be tried first under the negligence standard. If it is found, in a case of injury or death of another person, that the truck operator was operating “within the scope of employment,” the court is required to dismiss a lawsuit. If negligence is found in the first phase, the matter moves to a second phase where the trucking company comes under scrutiny and where damages may be awarded. Moreover, the trucking company is only identified in cases where the matter advances to the second phase. Travis Cox, an attorney in the Dallas office of Chamblee Ryan, focuses on motor vehicle accident claims as well as premises liability and personal injury defense. He said the bifurcated trial structure is not a new concept overall; because of this, the impact of the law may appear merely procedural. But, he said, taking the name of the carrier out of the proceedings until a case for negligence can be established is of real value to trucking companies. “Especially under Texas law, it’s what we call the ‘direct negligence’ claim,” he said. “It’s not only (did) the company negligently train the driver, but did that failure to train lead to the accident? The most common (instance), probably, would be the company didn’t train the driver on the regulations for how many hours you’re supposed to drive in a day. The driver over-drives; he’s fatigued and hits someone. That’s an example of maybe where you can tie the failure to train to the accident. “On the other hand, the example I use most is a company fails to train someone to fill out a company form,” he continued. “Maybe that is negligent training, but it certainly didn’t cause the driver to be negligent and cause an accident.” While opponents of the new law worked the old saw of highway safety being affected, even personal injury attorneys specializing in big rig cases says that’s probably a stretch. However, they do call the new law a win for carriers and a complicating factor in trying legitimate cases. “I think it’s primarily procedural,” said Greg Baumgartner, founder of the Baumgartner Law Firm in Houston. “While I don’t agree with the bill, or what it’s trying to do, I can see some of the points that were raised when it was discussed. However, the bill does make it, in my judgment anyway, harder to show carelessness on the part of the motor carrier.” Critics of the new law also say it has the capacity to make the driver a scapegoat for incidents that should be laid at the feet of their employers. Baumgartner said a good example of this is in a case of carriers failing in their responsibility to maintain equipment. “Maybe it wasn’t the truck driver’s fault at all,” he said. “Let’s say the truck broke down. If it wasn’t part of the pre-trip, you can’t really fault the truck driver. It was the motor carrier’s negligence that caused the breakdown and led to the accident. “Big trucks certainly have the potential for a lot that happens,” Baumgartner continued. “The safety rules are to protect everyone — the truck driver, the other cars and pick-ups around it, everyone. If everybody knows the rules but a jury can’t necessarily hear that the rules were followed or not, I’m not sure what that accomplishes for justice.” Cox, who wrote an article for Texas Lawyer on Law.com, said the bill isn’t perfect when it comes to eliminating frivolous claims. He said even carriers that aren’t called to a second phase of a trial will still spend considerable money preparing for a possible defense. The original bill also limited discovery which, when left unrestricted, can quickly and substantially balloon legal costs. “Other than actually trying the case itself, having to answer voluminous discovery is very expensive for trucking companies and their insurers, especially about regulations or training,” Cox said. “The original version of the statute put a pretty hard limit where you could go back two years on company records, but you couldn’t go any further. “It also set in place some procedural safeguards that a plaintiff doesn’t get to ask about every Federal Motor Carrier (Safety Administration) reg,” he continued. “They need to show that this reg would have caused the accident. Just because a driver has an error on their driver logs three months before the accident, that has no relation to the accident. So, in terms of cost savings, this bill could have done a lot more. I think it was originally intended to, but the legislative process is what the legislative process is.” The Texas law, set to go into effect Sept. 1, is the latest in a string of similar reform-minded legislation nationwide. In recent months, Montana, West Virginia, Louisiana and Missouri have all passed new statutes targeting lawsuit abuse.

The much-debated $1 trillion bipartisan Infrastructure Investment and Jobs Act was passed by the U.S. Senate Aug. 10 with a vote of 69-30. Nineteen Republican senators joined Democrats to swing the equally divided legislature for the passage of the 2,700-page bill. The bill’s next stop will be the U.S. House of Representatives, which is in recess until mid-September. Under the provisions of the bill, $110 billion of the $1 trillion in funding would go to the nation’s roads and bridges; $40 billion of that $110 billion is earmarked for bridges. Folded into the Senate’s bill are several provisions that would directly impact the trucking industry, including: A vehicle-miles-traveled (VMT) pilot program for both commercial and passenger vehicles; An under-21 apprenticeship pilot program that would allow younger drivers to engage in interstate commerce; A driver compensation study that would examine the impacts of different methods of compensation on safety as well as driver retention; The formation of a Women of Trucking Advisory board to encourage women to enter the industry; The creation of a Truck Leasing Task Force to examine truck-leasing and lease-purchase agreements between motor carriers and owner-operators to help prevent predatory practices; and A comprehensive study on the causes of and contributing factors of commercial vehicle crashes; An automatic emergency braking (AEB) mandate that would require all new commercial vehicles to be equipped with AEB technology within two years; and A requirement that rear trailer underride guard standards be strengthened. This measure also calls for research on the effectiveness and impact of side underride guards, as well as the formation of an Advisory Committee on Underride Protection. Two items that are notably absent from the Senate’s Infrastructure Investment and Jobs Act are funding for additional safe truck parking across the nation and an increase in minimum insurance requirements for motor carriers. While the omission of truck parking funding is generally considered a “minus” to most in the trucking industry, many trucking companies would undoubtedly breathe a sigh of relief that the controversial proposal to increase minimum liability insurance requirements from $750,000 to $2 million does not appear in the Senate bill. Following the passage of the bill by the senate, representatives from trucking industry associations spoke out, including the American Trucking Associations (ATA), the Truckload Carriers Association (TCA) and the Owner-Operator Independent Drivers Association (OOIDA). “For nearly three decades, our nation and industry have been held hostage by empty promises — all talk, no action. Today, the Senate put America ahead of itself,” said Chris Spear, president and CEO of ATA. “Passage of this bipartisan infrastructure bill is a groundbreaking step toward revitalizing America’s decaying roads and bridges, supporting our supply chain and economy with the foundation they need to grow, compete globally and lead the world,” he continued. “The bill also contains significant measures to grow and strengthen trucking’s essential workforce.” TCA also applauded the passage of the bipartisan legislation. “TCA is very pleased to see the infrastructure bill pass through the Senate, and we commend our elected leaders for taking a bipartisan approach to this much-needed investment in our nation’s transportation network,” said Kathryn Pobre, manager of government affairs for TCA. “We know this is not the finish line for this legislation, and so we encourage the House of Representatives to quickly pass the bill,” she said. “Our nation’s workforce of trucking heroes should not be forced to wait any longer for repairs and safety improvements to the roads and bridges which serve as their 24/7 workplace, and our country’s citizens deserve an infrastructure system which will ensure the goods and services upon which they rely are not delayed.” While he applauded the allocation of funding for roads and bridges, as well as the omission of increased insurance liability requirements, Todd Spencer, president and CEO of OOIDA, was not thrilled with the outcome of the vote. “This should have been a bipartisan slam dunk,” Spencer said. “Instead, the continued lack of action has demonstrated to America’s truckers that, despite all their hard work keeping the country safe and supplied throughout the COVID-19 pandemic, they largely remain an afterthought in the Senate. The lack of dedicated funding to address the truck parking crisis is a major reason OOIDA could not support the bill.” Spencer said OOIDA would continue to oppose any surface transportation legislation that does not prioritize the needs of professional drivers. “Despite the disappointing outcome, we want to thank Sens. Mark Kelly (D-Ariz.) and Cynthia Lummis (R-Wyo.) for championing Amendment 2615, which would have helped increase truck parking capacity across the country,” Spencer concluded. “We will continue work with them to identify other opportunities to address the lack of parking.”

WASHINGTON — With a robust vote after weeks of fits and starts, the Senate approved a $1 trillion bipartisan infrastructure plan on Tuesday, Aug. 10, a rare coalition of Democrats and Republicans joining to overcome skeptics and deliver a cornerstone of President Joe Biden’s agenda. The 69-30 tally provides momentum for this first phase of Biden’s “Build Back Better” priorities, and the bill is now headed to the House. A sizable number of lawmakers showed they were willing to set aside partisan pressures, eager to send billions to their states for rebuilding roads, broadband internet, water pipes and the public works systems that underpin much of American life. Infrastructure was once a mainstay of lawmaking, but the weeks-long slog to strike a compromise showed how hard it has become for Congress to tackle routine legislating, even on shared priorities. Some Republicans were celebrating along with the Democrats. “What we are doing here today also demonstrates to the American people that we can get our act together on a bipartisan basis to get something done,” said Sen. Rob Portman of Ohio, the lead Republican negotiator. “We can do big things.” Said Democratic Majority Leader Chuck Schumer of New York: “There’s been detours and everything else, but this will do a whole lot of good for America.” The outline for Biden’s bigger $3.5 trillion package is next up for the Senate — a more liberal undertaking of child care, elder care and other programs that is much more partisan and expected to draw only Democratic support. That debate is expected to extend into the fall. Tuesday’s Infrastructure Investment and Jobs Act started with a group of 10 senators who seized on Biden’s campaign promise to draft a scaled-down version of his initial $2.3 trillion proposal, one that could more broadly appeal to both parties in the narrowly divided Congress, especially the 50-50 Senate. It swelled to a 2,700-page bill backed by the president and also business, labor and farm interests. It drew an expansive alliance of senators and a bipartisan group in the House. In all, 19 Republicans joined all Democrats in voting for Senate passage. Vice President Kamala Harris, as presiding officer, announced the final tally. While liberal lawmakers said the package doesn’t go far enough as a down-payment on Biden’s priorities and conservatives said it is too costly and should be more fully paid for, the coalition of centrist senators was able to hold sway. Even broadsides from former President Donald Trump did not bring the bill down. “This infrastructure bill is not the perfect bill,” said Sen. Lisa Murkowski (R-Alaska), one of the negotiators. She said the senators kept at it, believing, “It’s better to get some of what our constituents want rather than none of it.” The measure proposes nearly $550 billion in new spending over five years in addition to current federal authorizations for public works that will reach virtually every corner of the country — a potentially historic expenditure Biden has put on par with the building of the transcontinental railroad or interstate highway system. There’s money to rebuild roads and bridges, and also to shore up coastlines against climate change, protect public utility systems from cyberattacks and modernize the electric grid. Public transit gets a boost, as do airports and freight rail. Most lead drinking water pipes in America could be replaced. The top Democratic negotiator, Arizona Sen. Kyrsten Sinema, said rarely will a piece of legislation affect so many Americans. She gave a nod to the late fellow Arizona Sen. John McCain and said she was trying to follow his example to “reach bipartisan agreements that try to bring the country together.” Drafted during the COVID-19 crisis, the bill would provide $65 billion for broadband, a provision Sen. Susan Collins (R-Maine) negotiated because she said the coronavirus pandemic showed that such service “is no longer a luxury; it is a necessity.” States will receive money to expand broadband and make it more affordable. Despite the momentum, action slowed last weekend when Sen. Bill Hagerty, a Tennessee Republican allied with Trump, refused to speed up the process. Trump had called Hagerty, his one-time Japan ambassador, and cheered him on, but it’s unclear if the former president’s views still carry as much sway with most senators. Trump issued fresh complaints hours before Tuesday’s vote. He had tried and failed to pass his own infrastructure bill during his time in the White House. Other Republican senators objected to the size, scope and financing of the package, particularly concerned after the Congressional Budget Office said it would add $256 billion to deficits over the decade. Rather than pressure his colleagues, Senate Republican leader Mitch McConnell of Kentucky stayed behind the scenes for much of the bipartisan work. He allowed the voting to proceed, and may benefit from enabling this package in a stroke of bipartisanship while trying to stop Biden’s next big effort. He voted for passage on Tuesday. Unlike the $3.5 trillion second package, which would be paid for by higher tax rates for corporations and the wealthy, the bipartisan package is to be funded by repurposing other money, including some COVID-19 aid. The bill’s backers argue that the budget office’s analysis was unable to take into account certain revenue streams that will help offset its costs — including from future economic growth. Senators have spent the past week processing nearly two dozen amendments, but none substantially changed its framework. The House is expected to consider both Biden infrastructure packages together, but centrist lawmakers urged Speaker Nancy Pelosi to bring the bipartisan plan forward quickly, and they raised concerns about the bigger bill in a sign of the complicated politics still ahead. After the Senate vote, Pelosi declared, “Today is a day of progress … a once-in-a-century opportunity.” By Lisa Mascaro, The Associated Press

Updated August 10 to include statement from Hansen & Adkins Auto Transport. MONTGOMERY, Ala. — A lawsuit has been filed against two trucking companies and a driver involved in a June 19 crash on Interstate 65 that resulted in the death of 10 people. The suit follows the National Transportation Safety Board’s (NTSB) Aug. 3 release of a preliminary report showing that a tractor-trailer triggered the deadly crash. Beasley Allen Law Firm filed the suit on behalf of Candice L. Gulley, the driver of a Tallapoosa County Girls Ranch van that was involved in the crash, and the families of five of the eight passengers, all children, who were killed. Gulley, the mother of two of the children, was pulled from the burning van by a bystander. The suit names Hansen & Adkins Auto Transport, which owned the tractor-trailer NTSB believes triggered the crash, as well as the owner and driver of a second semi involved in the accident, Asmat Investment LLC doing business as Asmat Express, and driver Mamuye Ayane Takelu. Greg Allen, lead products liability lawyer for Beasley Allen Law Firm, said both defendants “were negligent and displayed a complete disregard for the lives of fellow travelers around them.” “This tragedy should never have happened,” he said. “We cannot erase or change the disastrous outcome, but we can work to provide answers that will allow a court to hold the defendants accountable for the lives they have devastated.” After reaching out to Hansen & Adkins Auto Transport, The Trucker received the following statement from Tom Terry, the company’s managing director of human resources: “Our hearts go out to everyone involved in the tragic accidents on June 19 and those affected by them. We believe the investigations will show that there was a series of near-simultaneous accidents that stopped traffic on the bridge, and that they were caused by a number of different factors, including heavy rains from the remnants of the tropical storm. We also believe that the investigations will show that our driver was traveling at or under the speed limit. The investigations are ongoing, and we are cooperating fully with all appropriate authorities.” Initial attempts by to reach Asmat Express were unsuccessful.

DENVER — As ominous storm clouds gathered in western Colorado over a large area blackened by a recent wildfire, torrential rain fell and the charred land stripped of vegetation gave way, sending a rush of mud and boulders tumbling down steep canyon walls and onto a major highway. The July 29 mudslides stranded more than 100 people in their vehicles overnight and caused extensive damage that closed Interstate 70, capping several weeks of perilous conditions in a scenic canyon carved through the mountains by the Colorado River. It marked the latest in a string of closures over the past two years for an area that serves as a key transportation corridor between the Rocky Mountains and the West Coast. Each forced long detours for tractor-trailers that deliver fuel and food, and inflicted economic pain on businesses that cater to tourists in the popular summer destination of Glenwood Springs. The closures illustrate the kind of damage scientists have long warned can follow wildfires made worse by climate change: dangerous mudslides caused by rain in burn-scarred terrain. Though no injuries were reported, such slides have caused deaths and destruction in recent years in California and other parts of the U.S. West. Those who live and work in the Glenwood Canyon area have been adjusting to the inconveniences of closures for years, but mudslides have become more frequent and intense since the Grizzly Creek Fire scorched about 50 square miles last summer. Transportation officials have closed a 46-mile stretch of the interstate and are telling motorists traveling between Denver and Glenwood Springs, on the west end of the canyon, to take another route that adds about 250 miles to the trip. Meanwhile, long-haul truckers have been advised to detour north onto Interstate 80 through Wyoming until the canyon is reopened, which could take weeks. On average, thousands of commercial vehicles travel daily on the interstate through the canyon, according to state transportation officials. Much of the fuel, food and other products that are distributed in the western part of the state come from Denver via I-70, and the detours are adding several hours to each trip, said Greg Fulton, president and CEO of the Colorado Motor Carriers Association. In some cases, that means truckers can’t make the round trip without running afoul of federal limits on how long they can be behind the wheel. “This is a ripple effect because we’re not getting the truck back until the next day. … It takes it out of sync in terms of those drivers, and effectively, you need more drivers and more trucks,” said Fulton, who warned that the delays could lead to gas and food shortages, late deliveries and higher prices. “When we’re bearing additional mileage and we’re having additional time, and then even possibly bearing the cost of a motel room, that has to be passed on at some point,” he said. The mudslides also have significantly impacted tourism in Glenwood Springs, which typically attracts thousands of visitors this time of year for its hiking, biking, fishing and other outdoor activities. Lisa Langer, the city’s tourism director, said many attractions and some hotels went from full occupancy to being half-full, and some lost between 25% and 50% of their normal revenue during the weekend following the canyon’s closure. The biggest problem is people from Front Range cities such as Denver canceling their trips because they don’t want to take the long detour, said Langer, who has shifted her focus toward attracting tourists from areas that still have easy access. Meanwhile, whitewater rafting companies have had to reroute their itineraries, and some businesses have been short-staffed because employees live on the other end of the closed interstate, an engineering marvel that winds through a narrow passage constrained by the Colorado River and cliffs towering hundreds of feet. Max Vogelman, who co-owns Stoneyard Distillery, said the closure has had a “pretty huge” effect on the finances and logistics of his business, which makes alcoholic spirits from sugar beets. The company opened a tasting room in Glenwood Springs in May, but the distillery is at the other end of the canyon, in Dotsero. Vogelman said the company’s sole employee in Glenwood Springs has picked up extra shifts to keep the tasting room open, and another worker in Dotsero has been traveling nearly an hour out of her way on a series of winding, dirt roads every few days to deliver supplies. “It definitely puts us in a bit of a conundrum here, but we’re trying to make it work,” said Vogelman, who also is trying to figure out how to continue distributing to areas west of the canyon and how to keep people coming to the distillery for tours and drinks. “We get a lot of RV traffic coming through. A lot of them stay overnight on a property here. They’re all canceled,” he said. He and other business owners and residents are quickly realizing they will have to adjust to what could become the canyon’s new normal. Scientists say special calculations are needed to determine how much global warming is to blame, if at all, for a single extreme weather event. But a historic drought and recent heat waves tied to climate change have, no doubt, made wildfires harder to fight in the American West. Climate change has made the region much warmer and drier in the past 30 years and is expected to make weather more extreme and wildfires more frequent and destructive, which could lead to more mudslides as rain falls on burn scars. Andy Hoell, a meteorologist at the National Oceanic and Atmospheric Administration, said last summer’s precipitation over the Four Corners states was the lowest on record, and drought conditions are getting worse. “In this case, it’s really the compounding and cascading effect of an active fire season last year, followed by heavy precipitation events this year that came together to produce these big effects on I-70,” said Hoell, who studies drought and extreme events in a changing climate. A recent study led by U.S. Geological Survey researchers mapped landslide vulnerability in Southern California and found the area can now expect small, post-wildfire landslides almost every year, and major events roughly every 10 years. It said the state faces increased risks of both wildfires and landslides caused by climate change-induced shifts in its wet and dry seasons. One particularly devastating post-fire slide occurred in Southern California in 2018, when a river of mud, trees and boulders slammed into the town of Montecito. More than 20 people died, and hundreds of homes were destroyed. Colorado Gov. Jared Polis said Monday, Aug. 9, he hopes any state or federal infrastructure package has climate resiliency “at the very heart” of it. “We need to look at things like fire risk mitigation, retaining walls, in a new and different way given the reality that we face on the ground in Colorado,” he said. By Thomas Peipert, The Associated Press

SWEETGRASS, Mont. — Border patrol officials found more than just produce during a commercial vehicle inspection at the U.S.-Canada border last week, resulting in the seizure of 69.5 pounds of a substance that tested positive for cocaine. On Thursday, July 29, officers with U.S. Customs and Border Protection (CBP) at Montana’s Sweetgrass port of Entry inspected an outbound commercial truck hauling a trailer loaded with watermelons and peppers. The truck was driven by a female Canadian citizen. During an in-depth inspection of the truck and trailer, CBP officers discovered bags of suspected cocaine hidden in the cargo. CBP officers turned the case over to the United States Attorney’s Office for prosecution.

WASHINGTON — According to a preliminary report by the National Transportation Safety Board (NTSB), a deadly crash on Interstate 65 near Greenville, Alabama, was triggered when tractor-trailer failed to stop for slowed/stopped traffic. NTSB released the report Aug. 3, noting that the information will be “supplemented or corrected during the course of the investigation.” The crash, which occurred about 2:20 p.m. on June 19, involved 12 vehicles and resulted in the deaths of 10 people. Nine of the 10 dead were children, ranging in age from 9 months to 17 years; the tenth was the 29-year-old father of the 9-month-old. A total of 38 people were involved in the accident; 10 were killed and 26 others sustained injuries. The area had seen intermittent rain of varying intensity, spawned by Tropical Storm Claudette, throughout the day. A light rain was falling at the time of the crash. The stretch of I-65 along which the crash occurred is a divided four-lane, asphalt-paved highway with two northbound and two southbound travel lanes, with a posted speed limit of 70 mph. The bridge, which crosses Pigeon Creek, consists of twin bridge structures, each carrying one direction of traffic. NTSB’s re-creation of the accident shows that a 2020 Volvo tractor, operated by Hansen & Adkins Auto Transport and hauling an empty 2020 Cottrell auto hauler, was traveling north in the right lane of I-65 and approaching a bridge near milepost 138 in Butler County. Traffic north of the bridge had slowed and stopped because of a series of minor crashes. As the Volvo approached the traffic, it struck a 2020 Ford Explorer occupied by a driver and three passengers. After this impact, the Volvo tractor veered to the left, first striking a Ford F350 transit van occupied by a driver and nine passengers and then impacting other vehicles. The Volvo then struck the left bridge rail and continued into the median beyond the north end of the bridge, coming to rest with a portion of its trailer in the roadway. After being struck by the Volvo tractor-trailer, the Ford Explorer overturned and struck several other vehicles before coming to a stop in the roadway. Following this series of collisions, a 2005 Freightliner tractor, operated by Asmat Express and hauling a 2009 dry van, approached the stopped vehicles, veered left, struck and mounted the left bridge rail, and struck the Ford transit van before coming to to rest in the median. The Ford transit van also came to a stop in the median, facing south, between the Volvo and Freightliner rigs. Several of the vehicles involved in the crash burst into flames. Both tractor-trailers, the Ford transit van and three other vehicles were consumed by the fire. Eight passengers in the Ford transit van were killed and the driver was injured; two passengers in the Ford Explorer were killed. The driver of the Volvo tractor also sustained injuries. Hansen & Adkins Auto Transporter is an interstate carrier with 41 terminals throughout the U.S that employs 914 drivers and operates 1,225 tractors; the driver operated out of the company’s Birmingham, Alabama, terminal. Asmat Express is an interstate carrier based in Clarkston, Georgia; the driver was an owner-operator. Click here to review NTSB’s preliminary report of the incident.

HAMPSHIRE, Ill. — Shell Rotella SuperRigs was back in a big way July 29-31 at Love’s Travel Center in Hampshire, Illinois. While the 2020 event, held in a virtual format because of the COVID-19 pandemic, was a success, it simply couldn’t match the atmosphere of excitement and trucker “oneness” that is generally evident at live events. About 60 trucks competed in this year’s contest. The 2021 competition was not as well attended as some in the past — perhaps because of a resurgence in COVID-19 cases, conflicting events or other reasons — but those who were there reveled in the usual SuperRigs pride and camaraderie. Drivers and family members gathered in groups, comparing trucks and telling stories, culminating in a boisterous celebration at Friday night’s Light Show. As usual, there was no shortage of great trucks to show off. Best of Show honors went to Keigan Nelson, driving for Richfield, Wisconsin-based Rollin’ Transport in a truck owned by master designer Vinnie Diorio. The black 2020 Peterbilt 389 was a masterpiece of design and artful execution; the understated red interior also won first place in its category. The Best of Show winner received $10,000 and 50,000 My Miles Matter points that are redeemable for Rotella merchandise, gift cards and other items through the program website. First runner-up received $4,000 and 40,000 points, and the second runner-up went home with $2,000 and 30,000 points. First runner-up for the Best of Show was Brian Dreher, of Campbellsport, Wisconsin, for his now-familiar 2016 Peterbilt 389, paired with a 2017 Great Dane trailer. The rig’s orange and purple, torn-paper theme is popular with showgoers. The truck won Best of Show in the virtual 2020 competition, and it didn’t look like it had aged a day at this year’s event. Dreher also claimed a plaque in the Best Engine category. Truett Novosad of College Station, Texas, wore a path to the podium, picking up four separate awards. His “Doc Holliday” themed 2007 Peterbilt 379 was second runner-up for Best of Show. The Caldwell, Texas-based Equipment Express truck also won in the Best Theme category. Another entry by Novosad, a 2005 Peterbilt with an extended hood, won for Best Chrome. The remaining “Best of” category — Lights — went to Danny Kimball of Burlington, Wisconsin, for his 2007 Kenworth W900, which also took third place in the Tractor-Trailer category. The Show Truck category was expanded to five winners this year with no particular order of finish; all five winters were Peterbilt models. Novosad took two of the five places with his 2007 379 Extended Hood and his 2005 Extended Hood. A 2020 389, entered by Jacob Linson of Lafayette, Indiana made the cut, as did a 2021 389 owned by Robert Hallahan of Lacrosse, Wisconsin, and a 2020 389 from Dan Brubaker of Sigourney, Iowa. Show truck category winners each received $250 and 10,000 My Miles Matter points. The Tractor category featured some spectacular units. First place winner Shani Lee, with a 2007 Peterbilt 379 Legacy, took home $1,500 and 10,000 My Miles Matter points. Second place was claimed by Mike Wilkinson’s 2020 Kenworth T680 with the theme, “Miss BeeHavin’.” Kevin Benson was third with his 2019 Peterbilt 389, Clayton Driscoll was next with a 2018 Kenworth W900L, and fifth place went to another Kenworth W900L, this one owned by Tony Huttlestein. Two Kenworths placed in the Tractor-Trailer division with one, a 2018 W900L owned by Barry Kuhn of Mount Aetna, Pennsylvania, taking the top spot and earning $1,500 and 10,000 My Miles Matter points. Ben Overton of Winnipeg, Manitoba, Canada, took second with his 2021 Peterbilt 389, followed by, as previously noted, Kimball’s 2007 Kenworth W900. Jimmy Ganski of Roshalt, Wisconsin, took fourth with a 2014 Peterbilt 389, and Collin Rodgers of St. Ansgar, Wisconsin, took fifth place with a Peterbilt 389. The Limited Mileage category featured only two winners this year, both Peterbilt 389s. Chris Alby of Genoa City, Wisconsin, took the top spot with his 2015 model, earning $1,500 and 10,000 My Miles Matter points. Next was Austin Gottman of Rockford, Illinois, with his 2019 model. In the Classic Trucks category, JR Schledger of Britt, Iowa, took first with his 1985 Kenworth K100E, followed by Trevor Timblin of West Bend, Wisconsin, with a 1999 Peterbilt 362. Perennial entrant David Foster of Joplin, Missouri, took home the third place trophy this year, showing his 2005 Kenworth W900L Studio. David McKiney of Lexington, Alabama, was next with a 1993 Peterbilt 379, and fifth place went to Mike Coyne of Fond du Lac, Wisconsin for his 1996 International 4900. This year’s People’s Choice award went to Daniel and Phyllis Snow of Harrison, Arkansas, for their 1996 Freightliner Classic XL. One big difference in this year’s event was the stepped-up media presence. Cameras were everywhere, including in the air, recording video and still photos of each truck as it approached and stopped in the judging line. Drones circled the parking area to get great shots of trucks and drivers. Social media Influencers Shelby “Happiness by the Mile” and Mike Gaffin “The Boston Trucker” shared master of ceremony duties as judging line activities were livestreamed to the world. While their trucks were looked over by the judging crew, drivers were interviewed about their entries, businesses and families. Camera crews followed judges as they perused every inch of each truck, focusing in to show features to which the judges paid particular attention. While this year’s event may not have been the most well attended in show history, it was certainly the most widely shared. Virtual attendees could watch live or catch up after the fact from anywhere in the world. As participants wonder when and where next year’s SuperRigs will be held, they’ll also be wondering if it will be the size and intensity of the pre-COVID shows. Wherever and however the folks at Rotella decide to present SuperRigs, one thing is certain: There will be more to be seen than the beautiful trucks. The pride and dedication of the trucking industry will once again be on display. Disclaimer: Cliff Abbot, the writer of this article, was one of the judges for the SuperRigs competition.

WASHINGTON — A North Carolina trucker who continued to drive a commercial vehicle after being placed out of service for violations in three different states within a span of three weeks has been declared an imminent hazard by the Federal Motor Carrier Safety Administration (FMCSA). Jean Lafortune Jr. has been ordered not to operate any commercial vehicle in interstate commerce. He was served the federal order July 22. According to FMCSA, a commercial motor vehicle operated by Lafortune was stopped for unannounced roadside safety inspections on three occasions in 2021 — On Feb. 17 in Connecticut, on March 4 in South Carolina and on March 10 in New York. In each instance, state law enforcement officers discovered Lafortune did not possess a valid commercial driver’s license (CDL) and had no record-of-duty-status as required by federal safety regulations; in addition, alcoholic beverages were found in the cab of the truck during all three stops. Lafortune was placed out of service after each stop. During the New York safety inspection, mechanical defects were found on the truck and the vehicle was also placed out of service. Despite being placed out of service in three states in less than three weeks, Lafortune continued to illegally drive a commercial truck in interstate commerce “in a blatant and egregious disregard of federal safety regulations and of the safety of the motoring public,” according to FMCSA. Finally, on July 9, while operating in Pennsylvania, Lafortune’s truck became stuck while attempting to turn around on private property. The investigating state police officer discovered Lafortune did not possess a valid CDL and had no record-of-duty-status. Lafortune was placed out of service; the truck he was operating was also placed out of service for multiple safety violations. Because of these repeated violations, FMSCA has banned Lafortune from operating any commercial motor vehicle in interstate commerce. The imminent hazard out-of-service order states that Lafortune’s “disregard for the safety of the motoring public demonstrated by these actions substantially increases the likelihood of serious injury or death to you and/or to the motoring public if not discontinued immediately.” Failure to comply with the provisions of the federal imminent hazard order may result in civil penalties of up to $1,951 for each violation. Knowing and/or willful violations may result in criminal penalties. Lafortune also may be subject to a civil penalty enforcement proceedings brought by FMCSA for violations of the agency’s safety regulations.