The Nation

The day after the Nov. 3 election, most Americans woke to confusion. A president had not yet been declared. Likewise, enough races in the U.S. Senate and House of Representatives were undecided that it still wasn’t clear which party might have an advantage in each. Record numbers of votes were cast by mail, with a number of states promising to count them even if they arrived late — up to 10 days late — as long as they were postmarked by election day. Some states warned that they were still counting and that results wouldn’t be available for days, while candidates from both major parties threatened lawsuits. At the time of this writing on Nov. 5, mail-in votes tend to trend for Democrat candidates and Democrat presidential candidate Joe Biden has taken the lead in some states and is closing the gap in others. Regardless of who wins the White House, based on the vote tally so far, the Senate is likely to remain in the hands of Republicans. Democrats, who spent nearly a half-billion dollars campaigning for seats they felt might be flipped, were largely disappointed. Democrats needed to gain four Senate seats to gain a majority. Three would do, if Biden wins the White House, since vice presidential candidate Kamala Harris would break any 50-50 ties. As of Nov. 5, Democrats have gained two Senate seats, one each in Arizona and Colorado, while losing one in Alabama. Four seats remain undecided, with all four leaning towards the GOP on the morning after the election. While nothing is final, as of this writing it appears that Republicans will retain control of the Senate by at least one vote. A divided Congress will undoubtedly lead to more gridlock in the next four years. Legislation that is important to trucking, such as a bill to rebuild the country’s crumbling infrastructure, will very likely suffer as each party insists on the provisions it wants included. In the past, Democrats have called for more investment in “green” technology such as charging stations and renewable-energy subsidies while Republicans have insisted on more cash for road and bridge repair. Another issue expected to be hotly contested is the economy. While the president can mandate some actions with executive orders, long-term actions such as tax cuts must be passed by Congress. The two chambers will undoubtedly disagree, as Republicans argue that tax cuts stimulate spending while the Democrats prefer government stimulus, funded by more tax dollars. The Democrat platform also calls for increasing the minimum wage to $15 and the classification of independent contractors as employees, two actions that would impact trucking if passed. COVID-19 will be another factor in upcoming legislation. Both parties claim they want to stimulate the economy by putting money into the hands of citizens, but both want to include funding for partisan projects their opponents object to. We can expect Congress to continue bickering over another economic stimulus package, infrastructure, labor law, energy independence and other topics. The area where the undecided presidential election is likely to have the greatest impact is in presidential appointments to federal agencies. The Department of Transportation and Environmental Protection Agency, in particular, have a large impact on the trucking industry. Recently, Democrat Sen. Ed Markey of Massachusetts sent a letter to the Federal Motor Carrier Safety Administration’s deputy administrator, Wiley Deck, accusing the agency of a “loophole-ridden and patchwork system of accountability.” The letter questioned why FMCSA hasn’t developed tighter standards for granting authority to new applicants, what is being done about states that are slow to submit information about driver-safety violations, and why the agency hasn’t developed a single source that carriers can use to check driver backgrounds, among other things. Additionally, several unions, including the Teamsters, have expressed opposition to recent changes in hours-of-service regulations that give drivers more leeway in deciding how to use rest periods. Because labor unions typically support Democrat candidates, it’s reasonable to assume that leadership appointed by a Biden administration would be sympathetic to both Markey’s letter and union demands. New leadership at the EPA might also impact trucking. President Trump has issued an executive order that, in effect, negated fuel mileage and emissions standards imposed by former President Obama, angering Democrats. President Biden could reinstate those standards. Fuel prices might also suffer under a Biden administration. The former vice president has promised to eliminate fracking in at least some situations. Both he and vice presidential candidate Kamala Harris have threatened an outright ban on fracking, but Biden backed off from that threat as election day neared. What he hasn’t backed off from is a promise to transition the country away from petroleum in favor of renewable energy. All of this stands to push fuel pricing upward. Until renewable energy resources are developed to replace fossil fuel use in transportation, the U.S. could return to dependence on foreign oil to meet its needs. A Department of Labor led by a Biden appointee would likely address the classification of employees, following a plank in the Democratic platform that claims owner-operators and contractors are “misclassified.” The resulting confusion, as well as higher costs for trucking companies, would not be helpful. Of course, a Trump win would most likely continue both current leadership and policy at the DOT, FMCSA, EPA and DOL — generally considered to be more favorable to the trucking industry than a Biden administration would be. By the time this article appears, maybe the election results will be official — but then again, maybe not.

WASHINGTON — The Federal Motor Carrier Safety Administration (FMCSA) has granted Arizona-based Knight-Swift Transportation a temporary exemption from the requirement that motor carriers rely on motor vehicle records (MVRs) as proof of a driver’s medical qualifications as a condition of employment, according to a Nov. 4 notice in the Federal Register. The exemption will take effect Dec. 4, 2020 and expire Nov. 4, 2025. Under the exemption, Knight-Swift can require newly hired commercial driver’s license (CDL) holders to undergo a complete medical examination; the company would rely on the MVR for drivers’ later annual reviews. Knight-Swift first applied for the exemption March 8, 2016, citing the “prohibitive” cost of obtaining MVRs. According to a second application, submitted Oct. 16, 2019, the 2016 application “languished for over three years” without being reviewed and processed. FMCSA on Dec. 23, 2019, published a notice of Knight-Swift’s application requesting public comments. According to the most recent Federal Register notice, FMCSA received three comments from individuals; all opposed granting the exemption. After reviewing the comments, along with Knight-Swift’s application, which included supporting data, FMCSA granted the exemption, noting that the agency “believes … allowing Knight-Swift to rely on its records of medical certificates for the first year of employment for newly hired drivers would not compromise safety or enforcement of the medical certification requirements for CDL holders.” In its application, Knight-Swift provided data on a sample pool of 5,722 newly hired Knight-Swift drivers with valid two-year medical cards. After undergoing Knight-Swift’s hiring process, 19% of the sample pool drivers were downgraded to a one-year certification and 2.1% were disqualified. Knight-Swift did not indicate whether it knew if these drivers (those holding a CDL) provided the new certification to the state driver licensing agencies (SDLAs) issuing their licenses. To ensure an equivalent level of safety, Knight-Swift proposes to include in the driver qualification file the newly hired driver’s medical examination report in lieu of obtaining a second MVR. Under the temporary exemption, Knight-Swift is subject to the following terms and conditions: Knight-Swift must maintain the initial MVR reviewed prior to hiring the driver showing the driver was medically certified by a health care professional on the agency’s National Registry of Certified Medical Examiners. The medical examiner’s report the company will rely upon for the first year of employment must be prepared by a health care professional on the agency’s National Registry of Certified Medical Examiners and be available for inspection by federal or state enforcement personnel during an investigation or compliance review. Knight-Swift must obtain reliable proof that the new medical examiner’s certificate was provided by the driver to the SDLA and include such proof in the driver qualification file. In addition, Knight-Swift must provide a quarterly report to FMCSA about newly hired drivers whose two-year medical certificate is downgraded to a shorter term or are medically disqualified after completing the company-mandated medical exam. This report must include: Driver’s full name; CDL number and state of issuance; Medical examiner’s name and FMCSA-issued National Registry identification number for the examination recorded on the MVR prior to the Knight-Swift medical exam; Examination date and expiration date for the medical exam noted on the MVR; Knight-Swift medical examiner’s name and FMCSA-issued National Registry identification number; and Knight-Swift examination date and expiration date for the medical exam. To view the Nov. 14 Federal Register notice, click here.

CARTHAGE, Texas — TravelCenters of America Inc., operator of the TA, Petro Stopping Centers and TA Express travel-center network, has opened a new TA Express in Carthage, Texas. The new TA Express franchise, operated by Brian Hatchett, is at the former Gateway Travel Plaza site on Interstate 20 and U.S. 59. “We’ve spent many years working hard to build a network of businesses that our customers can trust and rely on,” Hatchett said. “It’s been a pleasure being a franchisee of TravelCenters of America, and we look forward to continuing our growth with the company.” This is the third travel center The Gateway Group has converted to a TA Express in 2020. The team opened a TA Express in Kilgore, Texas, in January and another in Nacogdoches, Texas, in June. The group plans to open a TA travel center in Fairfield, Texas, next year. The new TA Express in Carthage offers: Five diesel fueling positions with RFID and DEF on all lanes; 16 Exxon gasoline fueling lanes; 50 truck parking spaces; 100 auto parking spaces; Four private showers; Laundry facilities; A travel store; Dining options, including Denny’s and an on-site deli; A gaming room; and Transflo scanning. “With the highest concentration of truck traffic in the nation, we’re pleased to bring more travel centers to the state of Texas,” said Barry Richards, president of TA. “The Gateway Team has a strong, established reputation with professional drivers and we’re proud they chose to align with us as we continue growing our footprint through franchising.” The opening of TA Express Carthage brings the company’s total nationwide network of travel centers to 271.

CHARLESTON, W.Va. — West Virginia officials announced a $101.3 million settlement Friday, October 30, in an antitrust suit against 11 asphalt and paving companies the state accused of cornering the market and driving up project costs. “We’re ending sweetheart deals all across West Virginia,” Attorney General Patrick Morrisey said at a news conference with Gov. Jim Justice. He called it the state’s largest antitrust settlement and said the savings can be directed to road rebuilding, in a state with no shortage of roads in need of repair and unfinished projects. Three companies, West Virginia Paving, Kelly Paving and American Asphalt, will make a $30.3 million payment upfront to the state and local governments, which includes five cities and Kanawha County. The settlement says West Virginia Paving will give an additional $71 million in credits that the state can apply to its currently unpaid projects or for work in the next seven years. When filed in 2016, the complaint alleged that West Virginia Paving Inc. and its sister companies violated the state’s Antitrust Act. The companies took control of at least 15 asphalt plants and created a scheme that caused the municipalities to pay at least 40% more for asphalt, according to the lawsuit. The companies had denied the charges and admitted no wrongdoing as part of the settlement. “Our roads didn’t get into this shape overnight,” Justice said about the state of infrastructure in West Virginia. “It took decades of neglect.”

PROVIDENCE, R.I. — The owner of a now-defunct commercial trucking company admitted to a federal court judge in Providence that he altered thousands of electronic entries in service logbooks for approximately 20 drivers to conceal the drivers’ actual drive time and on-duty time, according to an Oct. 28 announcement by the U.S. Attorney’s Office. Damir Sisic, 29, of Woonsocket, Rhode Island, owner of now-defunct Sisic Transport Service LLC (STS), admitted that he routinely altered data collected by onboard electronic data-gathering devices installed in his trucks that reflected the actual number of hours his drivers operated the vehicles. U.S. Department of Transportation (USDOT) regulations, enforced by the Federal Motor Carrier Safety Administration (FMCSA), a division of the USDOT, require accurate record keeping and operational requirements, including records related to drivers’ actual hours of service. Sisic owned approximately 11 commercial truck tractors and ten box-style commercial trailers, and employed between seven and 10 drivers at a time. Each vehicle was equipped with an electronic logging device (ELD) that recorded the location of each truck, and the start and stop time of each vehicle. Sisic admitted that he accessed and altered that data on thousands of occasions. He admitted that he routinely concealed from the USDOT and FMCSA that his drivers were routinely exceeding the maximum number of driving hours and on-duty hours without the required off-duty hours. According to court documents, Sisic provided altered driving records to a state trooper who was investigating the crash of an STS truck that occurred in Oklahoma on April 22, 2018, resulting in the death of the driver. In addition, Sisic provided altered driving records for numerous STS drivers to an FMCSA investigator during a compliance review. Sisic pleaded guilty in U.S. District Court in Providence to conspiracy to falsify records, announced U.S. Attorney Aaron L. Weisman and Special Agent in Charge Douglas Shoemaker, U.S. Department of Transportation, Office of Inspector General, Office of Investigations, Northeast Region. Sisic is scheduled to be sentenced by U.S. District Court Judge Mary S. McElroy on Jan. 7, 2021. The case is being prosecuted by Assistant U.S. Attorney Ly T. Chin.

PADUCAH, Ky. — The U.S. 51 Ohio River “Cairo” Bridge has opened to normal two-lane traffic flow, according to the Kentucky Transportation Cabinet (KYTC). A work zone with one-lane traffic, an 8 foot, 6-inch load width restriction, and alternating flow controlled by an automated signal that had slowed traffic for months was taken down Friday, Oct. 23. Since work started June 8, the work zone has created delays of up to an hour or more during peak travel periods at the Ohio River crossing between Wickliffe, Kentucky, and Cairo, Illinois. In addition, the load-width restriction hampered commercial truckers, as well as farmers who needed to move equipment across the bridge. The bridge was closed to all traffic during most of August to allow roadway improvements along the Kentucky approach embankment. That work included almost 2 miles of new concrete surface, a section of new asphalt pavement that raised the elevation of the driving surface, and the use of millings to reinforce shoulder areas. The road maintenance raised the pavement elevation about 16 inches to reduce the length of closures during extreme flood events. The target completion date was originally Oct. 1; however, the timeline was extended because of a delay in the fabrication of steel finger joints for the bridge deck. The U.S. 51 Ohio River “Cairo” Bridge serves as a north-south connector for U.S. 51, as well as a critical east-west transportation corridor for U.S. 60 and U.S. 62. The bridge carries about 7,000 vehicles a day between Kentucky and Illinois; about 35% of that is commercial trucks. The truck volume increases during harvest season as Kentucky farmers haul their grain to elevators in Cairo and Mound City. KYTC District 1 Chief Engineer Kyle Poat expressed his appreciation to regular users of the bridge who have endured nearly six months of work-zone restrictions. “We know this bridge maintenance and repair project has created a lot of inconvenience for commuters, truckers, and travelers,” Poat said. “We want to thank everyone who endured the work zone restrictions, as well as the extended detour during the closure. We think you’ll be pleased with the work. This project is designed to put the existing bridge in optimum condition as we continue the planning process for the future construction of a new bridge at this crossing.” Construction of new bridge planned Construction on a new Ohio River bridge on U.S. 51 is expected to start in five to 10 years. Citizens who want to provide input on planning for the engineering and construction of the bridge have until 5 p.m. CDT on Friday, Oct. 30, 2020; click here to review the proposals and leave comments. As of Monday morning, Oct. 26, KYTC said, 84 people had review online displays and information, and fill out a survey and leave written comments at the end. KYTC Project Manager Chris Kuntz said he is pleased that the online presentation and survey have been well-received, and he urged anyone with an interest in the bridge to participate in the online meeting. “With COVID-19 guidelines restricting our ability to hold an in-person public meeting, we weren’t sure how this online meeting might be received,” Kuntz said. “However, we have now surpassed the number of comments we received at the last public meeting. We’d like to see even more participate before the comment period ends on Friday. The project team will use this input to guide our decision-making as we move forward to construction of a new bridge starting in 5 to 10 years.” Responses from the public review survey will become a part of the official record for the project. Once compiled, the meeting record will be available for review and copying after an Open Records Request is submitted and approved. Opened on Nov. 11, 1938, the 82-year-old bridge is in fair condition with narrow lanes and shoulders. The purpose of the U.S. 51 Bridge Project is to improve cross-river mobility by addressing functional limitations of the existing bridge.

WASHINGTON — A New Jersey-licensed truck driver who caused a fatal accident in September has been declared an imminent hazard to public safety by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA). On Sept. 4, 2020, Quentin Campbell was operating a tractor-trailer on Interstate 90 in Monroe County, New York, traveling westbound when he made an illegal U-turn and was struck by an eastbound passenger vehicle. Both occupants of the passenger vehicle were killed. Instead of stopping, Campbell completed the illegal U-turn and fled the scene. He was later arrested by New York State Police officers and charged with two counts of manslaughter and one count of leaving the scene of a fatal crash. In conjunction with the New Jersey Motor Vehicle Commission, the FMCSA has disqualified Campbell from operating any commercial motor vehicle (CMV) for which a commercial driver’s license (CDL) is required. Campbell was served the federal order on Oct. 15, 2020. The FMCSA’s imminent hazard out-of-service order states that Campbell’s “blatant and egregious violations of the [federal safety regulations] and ongoing and repeated disregard for the safety of the motoring public … substantially increases the likelihood of serious injury or death to you and the motoring public.” Failure to comply with the provisions of a federal imminent hazard out-of-service order may result in action by the U.S. Attorney’s Office for equitable relief and punitive damages. Civil penalties of up to $1,848 may be assessed for each violation of operating a commercial motor vehicle in violation of the order. Knowing and/or willful violation of the order may also result in criminal penalties. Campbell also may be subject to a civil penalty enforcement proceeding brought by the FMCSA for his violation of the agency’s safety regulations.

RAWLINS, Wyo. — Trucker Wyoming Department of Transportation (WYDOT) has launched a multiyear project that will add nearly 100 new winter truck parking spaces, along with other safety improvements, to Interstate 80. Work on WYDOT’s I-80 Winter Freight project began the week of Oct. 20. The project will bring nearly 100 new truck parking spaces to two sites along I-80, bringing the total number of spaces at the two locations to nearly 200. The Fort Steele rest area is about 7 miles east of Sinclair, Wyoming, at mile marker 228, and the Quealy Dome truck parking area is 20 miles west of Laramie, Wyoming, at mile marker 290. “If weather conditions are poor or I-80 is closed, the new truck parking will provide additional options for truck drivers to park safely while they wait for conditions to improve,” said Tim Morton, WYDOT’s District 1 construction engineer. Additionally, semitruck climbing lanes will be installed along approximately 2 miles of eastbound I-80 over Halleck Ridge (about 8 miles west of Elk Mountain, between mile markers 250.5 and 252.5) and along approximately 2 miles of westbound I-80 between Cooper Cove and Quealy Dome (mile markers 279.5 to 281.5), near the Albany County line. “Climbing lanes help with traffic flow, especially on inclines with steep grades,” Morton said. “They also help prevent secondary crashes when I-80 reopens after an extended road closure.” According to WYDOT, Simon Contractors began work in and around the Fort Steele rest area last week. The Fort Steele rest area, along with nine other rest areas in the state, was closed in June as a cost-saving measure. Facilities and parking at the rest area will remain closed during I-80 Winter Freight project construction. WYDOT asks that commercial drivers and other motorists not park on the on- and off-ramps of the interstate, as it will potentially impede work in the area. Once the project is complete, the Fort Steele rest area will reopen to the public. The $20 million project is funded by a federal Better Utilizing Investments to Leverage Development (BUILD) grant and is expected to be complete in October 2022. All WYDOT project scheduling is subject to change, including due to inclement weather and material or equipment availability. More information about this project will be released as it progresses.

MINNEAPOLIS — The driver of a tanker truck who drove into a crowd of protestors who were demonstrating against the death of George Floyd on Interstate 35 in Minneapolis May 31 has now been charged with two crimes, Hennepin County Attorney Mike Freeman announced Oct. 22. Bogdan Vechirko, 35, of Otsego, Minnesota, has been charged with a felony count of threats of violence and a gross misdemeanor count of criminal vehicular operation, according to a statement released by Freeman’s office. A complaint issued against Vechirko by the State of Minnesota includes a summons to a court appearance Nov. 10. If Vechirko fails to appear in court, a warrant will be issued for his arrest, the summons states. During a scheduled interstate closure May 31, more than 1,000 peaceful protesters were gathered in the westbound lanes of I-35 on the Mississippi River Bridge just east of downtown Minneapolis. A petroleum tanker truck, driven by Vechirko, approached the bridge from the south and headed right for the crowd at a high rate of speed. According to the complaint, Vechirko did not stop until a person in the crowd stumbled and fell forward. Multiple reports note that after stopping the truck in the middle of the crowd, Vechirko was pulled from the cab of the truck and was beaten until a group of protestors stepped in to protect him until law-enforcement officers arrived. Vechirko was taken to a hospital with non-life-threatening injuries and then arrested for suspicion of assault, according to Minnesota authorities; he was later released. A thorough investigation of the incident by Minnesota authorities later revealed that Vechirko planned to “scare” people out of his path, according to the complaint, filed with the 4th Judicial District Court. “In addition to traffic cameras, officers collected a number of cell phone videos that captured portions of the incident. Protestors can be seen screaming and fleeing the bridge in a panic, in order to avoid being struck by the vehicle. The videos show that the defendant did not stop his vehicle but continued into the area of the crowd at a high rate of speed. Various collected videos show that in addition to the large crowd, there were multiple vehicles stopped on I-35 northbound as the road approached the bridge and that a number of vehicles were driving the wrong direction up an entrance ramp to the freeway — all indicators that something was occurring up ahead,” the complaint reads. Investigators also spoke to numerous people participating in the protest who said they thought they were going to be struck or killed by the truck. At least one person suffered scrapes and abrasions to her leg as she tried to get out of the truck’s path. During the investigation, a similar tanker truck was used to reconstruct Vechirko’s drive. The re-enactment showed that Vechirko’s line of sight would have provided him sufficient time to see the crowd and stop his truck well short of them, according to the complaint. In a post-Miranda statement, Vechirko admitted that he was “kind of in a hurry” and said that when he saw the crowd, he hoped that if he went slow the crowd would let him past. Vechirko said he stopped when he saw someone fall. He also acknowledged that he saw cars pulling off to the right of the highway as he approached, and that he could have stopped the truck sooner. The felony charge of Threats of Violence-Reckless Disregard Risk carries a maximum penalty of five years imprisonment and/or a $10,000 fine. The gross misdemeanor charge of Criminal Vehicular Operation-Bodily Harm-Gross Negligence has a maximum penalty of one year imprisonment and/or a $3,000 fine.