The Nation

CAMBRIDGE CITY, Ind., and EATON, Ohio — A truck driver who was charged with multiple felonies related to a July 9 accident in Wayne County, Indiana, that resulted in the death of four children has been arrested on separate charges in Preble County, Ohio, according to county records. In addition, the driver has been declared an “imminent hazard to public safety” by the Federal Motor Carrier Safety Administration (FMCSA). A July 14 report by Ohio news outlet WHIO noted that Corey Withrow, 31, of Camden, Ohio, was arrested July 14 and charged with violating terms of probation related to a 2019 drug conviction; a hearing was set for July 21. At the time of this writing, July 24, no record of the July 21 hearing had been filed on the county court’s website and Withrow was listed as an inmate in Ohio’s Preble County Jail. County records reflected 13 previous arrests for Withrow between 2013 and 2019, with charges ranging from possession of drugs to burglary. The July 9 accident, which occurred about 5 p.m. on Interstate 70 near Cambridge, Indiana, involved two tractor-trailers and a Chevrolet passenger vehicle. When Wayne County Deputies arrived at the scene, they found a Chevrolet car and a 2004 Kenworth tractor with a loaded box trailer off the left side of eastbound I-70, both fully engulfed in flames. A preliminary investigation by law enforcement indicated that the Kenworth, driven by Withrow, was eastbound in the right lane when the driver came upon traffic that had slowed to merge into the left lane for a construction zone. The Kenworth failed to slow as it approached the slowed traffic and rear-ended a Chevrolet car in the right lane, pushing the car forward into the left rear corner of a tractor-trailer that was also in the right lane, directly in front of the passenger car. The Kenworth continued, pushing the passenger car into the left lane and eventually onto the berm of the left lane, where the two vehicles burst into flames. At the time of the July 9 incident, Withrow was employed by Barnets Inc. of Camden Ohio. A passerby was able to pull the driver of the passenger car from the vehicle but was unable to rescue the four passengers from the car. Indiana State Police Investigators have identified the fatalities as Anesa Noel Acosta, 15; Quintin Michael McGowan, 13; Brekkin Riley Bruce, 8; and Trentin Beau Bruce, 6. The driver of the car, 34-year-old Aaron Bruce of Kansas City, Missouri, was transported to a hospital in Indianapolis with burns and internal injuries. Withrow escaped the burning semi with non-life-threatening injuries. The driver of the tractor-trailer that was hit from behind has been identified as Thomas Flaherty, 57, of Springfield, Ohio. He was not injured. Wayne County jail records show that Withrow was arrested at 1:20 a.m. July 10 and charged with Level 4 and Level 5 operating while intoxicated, Level 5 reckless homicide, four counts of operating a motor vehicle while intoxicated resulting in death, and four counts of causing catastrophic injury while operating intoxicated. Withrow was released on bond at 11:40 p.m. July 10. RTV6 Indianapolis reported July 14 that witnesses said Withrow’s truck had been driving erratically prior to the crash, at one point pushing another tractor-trailer onto the shoulder. Indiana State Police investigators determined the truck was moving at 72 mph at the time of the crash; the speed limit in the construction zone was 55 mph but traffic was moving slower as it merged into a single open lane. Police said that after the crash, Withrow was “staggering and off balance, his speech slurred.” The results of a court-ordered blood draw showed evidence of marijuana, amphetamines and methamphetamine use. A notice published July 23 by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) declared Withrow to be an imminent hazard to public safety and has ordered him not to operate any commercial motor vehicle in interstate commerce. Withrow was served the federal order on July 17. The out-of-service order states that Withrow’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 motoring public.” Withrow also may be subject to a civil penalty enforcement proceeding brought by FMCSA for his violation of the Agency’s safety regulations. Co-written by The Trucker’s Wendy Miller.

HARRISBURG, Penn. — The Pennsylvania Turnpike Commission (PTC) announced July 21 that it has approved a 6% toll increase for all E-ZPass rates systemwide as well as for toll-by-plate rates that were established before last month’s permanent conversion to all-electronic tolling (AET) at the following locations: Beaver Valley Expressway (Interstate 376); Delaware River Bridge (New Jersey border); Gateway Toll Plaza (Ohio border); Greensburg Bypass (Pennsylvania Turnpike 66); Keyser Ave. and Clarkes Summit Tolls (Northeastern Extension); and Southern Beltway (Pennsylvania Turnpike 576). The increase — slated to take effect at 12:01 a.m. on Jan. 3, 2021 — will enable the PTC to continue to maintain and operate its system and ensure safe travel for up to 500,000 daily customers. The PA Turnpike no longer accepts cash or credit cards on the system. “The primary driver of the annual toll-rate increases continues to be our quarterly transit payments to PennDOT and the resulting debt service that comes along with the legislatively mandated funding obligation,” said Mark Compton, CEO of the PA Turnpike. “As a result, the PA Turnpike has delivered almost $7 billion in funding to PennDOT in the last decade, primarily to support mass-transit operations in Philadelphia and Pittsburgh.” Compton said the PTC’s debt-service costs on outstanding Act-44 bond debt are $440 million annually and growing; this amount must be paid each year even if the commission seeks, and is granted, deferment of a quarterly Act-44 payment — as it recently did to partially offset revenue impacts of the COVID-19 pandemic. As part of its recent systemwide change in toll operations, the PTC also approved new toll-by-plate rates at toll facilities converted to AET in June. The new rates, which also take effect Jan. 3, 2021, include an average 45% increase over the 2020 cash rate for toll-by-plate motorists to reflect the costs of collections for this tolling method. The new rate will not be applied at the previously mentioned toll-by-plate facilities that were converted before 2020. “The new toll-by-plate rate reflects the higher costs the commission incurs to process the toll and collect payment — a pricing approach used by tolling agencies across the nation to cover the costs of administering AET systems,” Compton explained. “This balanced approach allows us to maintain a lower rate for those choosing a payment method that is less costly to manage, while those who choose a pricier payment option absorb those costs.” Because of the PTC’s action, the most common toll for a passenger vehicle will increase from $1.50 to $1.60 for E-ZPass customers and from $2.50 to $3.90 for those choosing toll by plate. The most common toll for a Class 5 tractor trailer will increase from $12.20 to $13 for E-ZPass and from $17.30 to $26.60 for PA Turnpike toll-by-plate customers. With the PA Turnpike toll-by-plate option, high-speed cameras capture license-plate images as vehicles pass by; then the vehicle’s registered owner receives an invoice for trips made through the tolling point. Invoices can be paid online, by phone or by mail. Upon receipt of a toll-by-plate invoice, recipients have an option to open an E-ZPass account and pay the lower rate. Compton encourages travelers to consider using E-ZPass, noting that it is the most convenient, least costly way to travel in Pennsylvania and is accepted in all neighboring states and across the eastern U.S. E-ZPass is the largest interoperable toll-collection program in the U.S., consisting of toll agencies in 18 states from Maine to Florida and west to Illinois. “Currently, 86% of our customers have chosen E-ZPass, with more switching every day. Now that hundreds of grocery stores in the commonwealth offer E-ZPass, chances are you regularly pass by at least one of them,” Compton said. “Because of our low administration and enrollment fees, and the ability to set up an automatically replenished or cash-funded E-ZPass account, there’s simply no reason not to get it.”

OKLAHOMA CITY — Beginning July 29, Love’s Travel Stops will require customers to wear face coverings at every Love’s Travel Stop, Love’s Country Store, Love’s Truck Care and Speedco location across the U.S. The new requirement is intended to help protect customers, team members and local communities from the spread of COVID-19. “We are joining other retailers by implementing a face-covering policy for customers, and will continue to follow the guidance of health officials and adjust our practices to help keep our customers and team members safe,” said Shane Wharton, president of Love’s. “We want to thank our customers who continue to adapt to these protective measures implemented at Love’s.” According to the Centers for Disease Control and Prevention (CDC), face coverings help decrease the spread of COVID-19. Customers who don’t have their own face mask or covering can purchase them at Love’s. Love’s will continue to prioritize the health and safety of customers and team members by performing vigorous and frequent cleaning and disinfecting measures, practicing social distancing and requiring all team members to wear face coverings. To find a full list of measures Love’s has implemented because of the pandemic, click here.

WASHINGTON — Congressional watchdogs are questioning the federal government’s decision to award a $700 million coronavirus relief loan to a struggling trucking company on grounds its operations are critical for maintaining national security. YRC Worldwide provides transportation and logistics services, such as delivering food, electronics and other supplies to military locations around the country. The Defense Department is a major YRC client. The department, however, sued YRC in 2018 for overcharging the government for freight carrier services and making false statements. Under terms of the coronavirus relief loan, U.S. taxpayers, through the Treasury Department, will take a 30% stake in the company. YRC, based in Overland Park, Kansas, will be required to maintain its payroll at the current level of an estimate 30,000 trucking jobs, and to limit executive compensation, dividend payouts and share repurchases. The Congressional Oversight Commission also said in a report Monday that taxpayers appear to be at risk of losing money on the investment. YRC has had financial problems for years, well before the onset of the pandemic, and has been at risk of bankruptcy, the report said. The money is scheduled to be repaid by September 2024. The congressional monitors said they questioned the decision to deem YRC’s business critical to national security and the process for reaching that decision. It’s the first and only loan made so far under the national security portion of Treasury’s corporate aid program, which has made several billions of dollars in loans to major airlines and smaller air carriers. The national security section, with an available pot of up to $17 billion, had been expected earlier this year to be earmarked for hard-pressed aircraft maker Boeing or for General Electric. To qualify for the national security aid, companies should be performing under defense contracts of the highest national priority or operating under top-secret security clearance. YRC apparently didn’t meet either of the criteria but qualified under a “catch-all” provision allowing a recommendation and certification from the secretary of defense or the director of national intelligence to be sufficient. Treasury spokespeople didn’t immediately respond to a request for comment Monday, July 20. The five-member oversight commission was appointed by congressional leaders of both parties to monitor the spending of some $2 trillion in economic aid enacted by Congress this spring and directed by the Treasury Department and the Federal Reserve. Shares of YRC Worldwide Inc. fell 27% July 20 to close at $2.60. They jumped 75% on July 1, the day the relief loan was announced. By Marcy Gordon/AP Business Writer

CINCINNATI, Ohio — A truck driver who held a female hostage and led police on a wild chase along Interstate 275 on July 18 now faces kidnapping charges. The driver has been identified as 40-year-old Patrick Berthelot, who is being charged with kidnapping, according to public records available on the Hamilton County Sheriff’s Office website. A local news outlet, WCPO, reported that Berthelot appeared before a judge Monday, July 20, and received a $250,000 bond. The station also reported that the state’s attorney has said additional charges are still possible. After receiving 911 calls alerting them to a semi driving recklessly on Saturday afternoon, July 18, the Ohio State Highway Patrol began pursuing the rig in the eastbound lanes of I-275 in Cincinnati. “For several hours we knew that there was a possible hostage in there. So our goal is one, get the hostage out. Then we’ll figure out how to resolve the situation,” Assistant Police Chief Paul Neudigate later told reporters. Hours later, after the hostage was freed, police were able to disable the truck by firing into the engine block; Berthelot, who was armed with a knife, was subdued with a stun device. Cincinnati police said the chase stemmed from an apparent domestic-violence situation, and the hostage — believed to be Berthelot’s wife — was taken to a hospital for treatment. Police said she might have a broken leg. The driver was treated for minor injuries following his arrest, police said. During the chase the driver repeatedly crossed over into opposing lanes of the interstate, “putting numerous people at risk of serious physical harm,” Neudigate said, adding that the driver appeared to aim at police who were laying down stop sticks, one of which disabled a tire, and repeatedly backed up the tractor-trailer toward the pursuing vehicles. Neudigate said highway patrol officers, Hamilton county sheriffs and other agencies helped shut the interstate down in both directions. A SWAT team used a 50-caliber rifle to shoot rounds into the engine block of the truck, which eventually disabled the vehicle. “I haven’t seen anything like this in 30-plus years of policing, having to stop a semi-tractor on the highway that’s going to kill somebody — that’s a new one for us,” Neudigate said. The Associated Press contributed to this report.

On June 25, the California Air Resources Board (CARB) adopted the Advanced Clean Trucks (ACT) rule, a first-of-its-kind regulation that requires truck manufacturers to make the move from toxic-exhaust-emitting diesel engines to electric zero-emission vehicles. The transition is set to begin in 2024 and will culminate in 100% zero-emission trucks in California by 2045. A statement from CARB described the move as “bold and timely,” adding that the ACT rule sets a clean-truck standard for the nation and the world and marks the most important air-pollution regulation to date implemented by California Gov. Gavin Newsom’s administration. The rule zeroes in on air pollution in the state’s most disadvantaged and polluted communities. On July 14, in the wake of California’s resolution, 15 states (including California), plus the District of Columbia, announced a collaborative memorandum of understanding (MOU), pledging to work together to advance and accelerate the market for medium- and heavy-duty vehicles, including Class 8 trucks. The group’s goal is that 100% of new large pickup trucks and vans, delivery trucks, box trucks, school and transit buses, and big rigs be zero emissions by 2050. The group also set an interim goal of 30% zero-emission vehicle sales by 2030. “California is proud to be joined by 14 other states and the District of Columbia in a push for clean, zero-emission trucks,” Newsom said. “Our efforts in California will be magnified through the efforts of this multistate coalition to reduce emissions and improve air quality, especially crucial in communities where our most vulnerable citizens live. By working together, we can move toward a cleaner future.” Other states signing the MOU include Connecticut, Colorado, Hawaii, Maine, Maryland, Massachusetts, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont and Washington. By reducing diesel emissions, the group hopes to also reduce carbon pollution across the nation. The transportation industry is noted as the largest source of greenhouse emissions in the U.S., and commercial vehicles also contribute to unhealthy levels of smog in many of the states that signed the MOU. “Now is the time to act regionally to protect the health of our residents and our climate by reducing emissions from medium- and heavy-duty trucks,” said Connecticut Gov. Ned Lamont. “In Connecticut, as in other states, our most vulnerable residents are hit hardest by the health effects of air pollution, including asthma and other respiratory ailments. I am looking forward to working with partner states through this agreement to leverage private sector ingenuity with smart public policy to transition to zero-emission vehicles.” According to a July 14 statement issued by the Northeast States for Coordinated Air Use Management (NESCAUM), accelerating the electrification of trucks and buses is an essential step to achieve the deep economy-wide emission reductions needed to avoid the worst consequences of climate change and protect the health of millions of Americans. “While trucks and buses only account for 4% of vehicles on the road, they are responsible for nearly 25% of total transportation sector greenhouse gas emissions,” the statement continued. “In fact, emissions from trucks are the fastest-growing source of greenhouse gases, and the number of truck miles traveled on the nation’s roads is forecast to continue to grow significantly in the coming decades.” By converting commercial trucks and buses from diesel fuel to electric-powered engines, the group says it hopes to reduce air-pollution levels in communities that experience heavy truck traffic; adding that a large number of communities near major trucking corridors and distribution hubs are low-income. “Reducing air pollution from medium- and heavy-duty vehicles will result in cleaner air for our communities — including low-income neighborhoods and communities of color that are often disproportionately impacted by environmental pollution,” said Basil Seggos, commissioner of the New York State Department of Environmental Conservation. “(This) announcement bolsters New York’s ongoing efforts to electrify the transportation sector and reduce climate pollution, helping to realize our ambitious emissions reduction goals and grow a powerful green economy to benefit all communities.” In addition to providing public health benefits by reducing toxic emissions and helping prevent smog and other air pollution, the interim goal that 30% of commercial new-vehicle sales be zero-emission by 2030 could result in a total cost of ownership for electric trucks and buses to be on a par with that of conventionally fueled vehicles. “The electric vehicle industry is primed for tremendous growth,” said D.C. Mayor Muriel Bowser. “We cannot afford to miss this opportunity to place clean transportation technology and infrastructure at the center of the nation’s economic recovery.” Oregon Gov. Kate Brown said her state also hopes to have a positive impact through the MOU. “Oregonians have been leading the way in adopting electric cars to lower emissions. Electrifying trucks, buses and delivery vehicles is the next logical step in cutting emissions, improving air quality and fighting climate change,” Brown said. The 15 states and District of Columbia will work through an existing multistate zero-emissions vehicle (ZEV) task force created by NESCAUM as they seek to reach their goals. By promoting and investing in electric trucks and buses and the charging and fueling infrastructure needed to serve these vehicles, the signatory jurisdictions will support the creation of jobs and help build a resilient and clean economy, according to NESCAUM. “We have seen our economy adapt to new models (during the COVID-19 crisis), such as increased reliance on deliveries, which also means more trucking,” said Shoshana Lew, executive director of the Colorado Department of Transportation. “As we move towards the future, it is critical that we consider how we can innovate together to ensure that the freight sector grows in a way that leads to both a thriving economy and cleaner air.” Members of the U.S. PIRG, a federation of state public interest research groups, applauded the signing of the MOU, saying the group effort will help protect the health of Americans. “Getting to school or commuting to work shouldn’t include a daily dose of toxic pollution or increase the chances that people will get sick,” said Matt Casale, transportation Campaign director for U.S. PIRG. “These states’ commitment to 100% zero-emission school and transit buses, along with other heavy- and medium-duty trucks, will help slash lung-damaging pollution and save lives. The sooner we get more electric buses and trucks on the road, the healthier our kids and communities will be.”

PHOENIX — A fire involving hazardous materials burning in a truck trailer outside an Amazon warehouse snarled traffic in part of Phoenix Thursday, July 16. Dozens of Phoenix Fire Department fire engines and other units deployed to the scene on the city’s west side, where a section of Interstate 10 reopened after being closed for more than an hour due to the fire. Local streets also were closed in the area. News video earlier in the day showed smoke billowing up into the sky. Fire Capt. Todd Keller said initial reports from the scene indicated the smoke was coming from a truck trailer that contained chemicals. Officials didn’t immediately identify the chemicals, Keller said. Amazon spokeswoman Lisa Guinn said the facility was promptly evacuated after workers noticed smoke coming from the trailer in an on-site yard and that employees were sent home with pay. No employees were injured, she said. Keller said nearby businesses also were evacuated and that residents of an apartment complex in the area were told to stay inside.