Truck Driving Job News Archives

Drivewyze partners with Canadian provinces to implement PreClear Weigh Station bypass

Dana Guthrie - June 24, 2024

PLANO, Texas — Drivewyze has announced a new partnership with the Manitoba Department of Transportation and Infrastructure to offer PreClear weigh station bypass service throughout the province. “We’re partnering with Canadian provinces to expand bypass programs across Canada with Manitoba representing a key geography for the trucking community,” said Brian Mofford, Drivewyze’s vice president of government experience. “As an added value, we’ve bundled the service for those who have subscriptions for bypass in Ontario and Newfoundland and Labrador. We hope to bring more provinces on board soon to fulfill our goal of having complete coverage in Canada.” The service expands the bypass network in Canada to important freight corridors in Manitoba. Drivewyze also offers bypass services for the Province of Alberta and across the U.S. Drivewyze PreClear is currently available in 48 states and provinces at more than 900 locations. The Manitoba service will be operated by the Transportation Operations Division Motor Carrier Enforcement. It allows subscribed trucks with Canadian or U.S. plates to have bypass opportunities at eight locations throughout the province, including: West Hawk Lake Hwy-1 EB West Hawk Lake Hwy-1 WB Emerson Hwy-75 NB Emerson Hwy-75 SB Carroll Hwy-2 EB Carroll Hwy-2 WB Headingley Hwy-1 EB Headingley Hwy-1 WB According to Mofford, with four bypass locations along the Trans-Canada Highway — which covers 490 kilometers through Manitoba — truck drivers have more road time and less downtime. “Freight efficiency is a key measure for all trucking companies and weigh station bypass can shave off valuable minutes or even hours in some cases,” Mofford said. “This is just west of Winnipeg and it’s by far the busiest of the four scale locations. The Emerson Highway 75 location is important too, as it’s the port of entry from the U.S. heading north in Manitoba, with southbound travel going into North Dakota and Minnesota.” The bypass sites represent the busiest areas for truck traffic, especially the Headingley Highway 1 east and westbound. “We operate a large fleet based in Manitoba and applaud the province for its leadership in adopting a weigh station bypass program,” said Garth Pitzel, vice president of safety and driver development for Bison Transport. “We’ve been utilizing Drivewyze PreClear in Canada and the United States, and it’s something our management and drivers appreciate as it saves us time and money, while rewarding our drivers for the work they do in keeping our fleet safe. We’re excited about bypass opportunities now being available in Manitoba.” According to Aaron Dolyniuk, executive director of the Manitoba Trucking Association, scale bypass programs that allow carriers with solid safety records to operate more efficiently are a win for them and for industry. “These programs allow motor carrier enforcement to focus their efforts where they need to be — on trucking companies with poor safety records, “ Dolyniuk said. ”Road safety is the highest priority for members of the Manitoba Trucking Association, and rewarding safe companies for their efforts makes good sense.”

Analysts: For-hire trucking market shows signs of slow recovery

Dana Guthrie - June 24, 2024

COLUMBUS, Ind. – The latest release of ACT Research’s For-Hire Trucking Index continues to reflect a slowly recovering for-hire trucking market. The Volume Index increased 12.7 points in May to 54.4, seasonally adjusted (SA), from 41.7 in April. “Whether May’s volume increase will hold is an open question, but this matches the best result in 28 months,” said Carter Vieth, research analyst at ACT Research. “Roadcheck may have contributed to more loads going to medium and large fleets, of which our respondent base is largely comprised. Positively, freight activity is also increasing at ports, border crossings, and in intermodal volumes.” Overall, truckload volume data remain mixed, with the Cass Freight Index and DAT spot loads still at cycle lows. The Capacity Index increased by 1.4 points month over month to 45.6 in May but was still the eighth-lowest reading in the survey’s nearly 15-year history. “The capacity reading continues to reflect challenging for-hire conditions, with low rates and higher costs driving fleet contraction,” said Vieth. “For-hire capacity has contracted for the past eleven months and will likely continue as most large fleets have lowered or delayed capacity additions. As demand gradually recovers, for-hire contraction should start to moderate.” The Supply-Demand Balance rose in May to 58.7 (SA), up from 47.5 in April, as volumes increased more than capacity. “It is worth reiterating the question mark of whether this month’s volume gains are sticky. Private fleet expansion, which is not captured in this indicator, is resulting in a longer lead time to higher market rates than in past cycles,” Vieth said. “So, overall equipment purchasing trends will remain key to watch. Continuing freight demand growth should provide ongoing support to the market balance.”

Strong US Class 8 sales for May reflect atypical pattern for freight market

Cliff Abbott - June 24, 2024

U.S. sales of new Class 8 trucks in May were a virtual repeat of April results. Manufacturers reported sales of 19,764, just 34 trucks fewer than in April, for a decline of 0.2%, according to data received from Wards Intelligence. The long-expected downturn in sales continues to stubbornly defy expectations. Low freight rates tend to result in a subdued new truck market as carriers downsize or go out of business. The resulting smaller number of available trucks typically prompts higher freight rates as shippers compete for trucks to haul their product. This time, however, the cycle isn’t “typical.” Tim Denoyer, vice president and senior analyst at industry forecaster ACT Research, explained why. “The record number of operating authority revocations over the past 18 months shows considerable capacity contraction,” he said in a June 18 blog posting. “But we think the ongoing capacity expansion by private fleets is outweighing the capacity contraction.” There’s also another factor, Denoyer says. “Elevated equipment demand as fleets gear up for EPA’27 is a key factor likely to drag overcapacity on further,” he said. While carriers are still buying trucks, they’re placing orders for more. FTR Transportation Intelligence reported May preliminary Class 8 orders for North America at 18,900 units, up 25% from April and up 37% from May 2023 order numbers. “Despite the trend of stagnant freight markets, fleets remain willing to invest in new equipment,” wrote Dan Moyer, FTR’s senior analyst for commercial vehicles, in a monthly blog post. ACT Research reported final May Class 8 orders at 23,560 units, up 51% from May a year ago. Kenny Vieth, ACT president and senior analyst, says much of that order activity is going to build inventories rather than being delivered to customers. “Given the build was 6,900 units above retail sales in April and May, inventories should have risen,” he explained. Trailer Sales May 2024 On an adjusted basis, Vieth calculated that “inventories have risen by more than 22,000 truck in the past nine months, reaching levels not seen since 2019.” While May truck orders were rising, orders for new trailers were down 46% from May 2023 at 6,100 units. The largest decline, by trailer type, was dry van, which fell 85%. Unlike truck sales, trailer sales do not benefit from the EPA’27 pre-buy and are more likely to reflect the freight market as a whole. Rather than buying new trailers, many carriers are choosing to invest in tractors, allowing trailer inventories to remain stagnant until rates improve. Used Class 8 Sales May 2024 On the used Class 8 market, sales volumes were up again in May, according to ACT Research. May sales were 7% higher than April and were 30% higher than in May 2023. As carriers downsize or go out of business, those trucks end up on the used truck market, joining the units being traded in by carriers who are upgrading their fleets. The good news for buyers is this: Increased availability of used equipment has brought prices down. Compared with May 2023, the average used Class 8 truck on the market costs 12% less, has 3% fewer miles and is 6% younger. Insurance, Interest Rates Rising Two issues that undoubtedly will impact the sale of new trucks are interest rates and the cost of commercial auto liability insurance. The current Federal Discount Rate for banks to borrow money is 5.5%. Depending on creditworthiness and other factors, used truck buyers can expect to pay higher interest rates and will face tighter loan restrictions. Larger down payments may be required by some lenders, too. Avery Vise, vice president of commercial vehicles for FTR, used the Producer Price Index (PPI) from the U.S. Census Bureau to explain what’s happening. “The PPI for commercial auto insurance premiums was up 3% year over year in May,” he said in a June 17 podcast. “That matches the comparison in December of 2019 and is the highest since June of 2019. And 2019 is an interesting comparison because that is a year many of you will remember that we lost a lot of trucking operations, due principally to insurance costs going up.” While insurance rates are rising, the increase may push more small carriers into closure, decreasing available capacity and prompting freight rate increases. OEM Sales Freightliner led the way in May with U.S. sales of 6,800 Class 8 trucks in May, up 4.9% from April but about 27.4% behind sales in May 2023. For the year to date, Freightliner Class 8 sales are down 20.7% from last year’s pace, while the market as a whole is down 14.6%. Volvo sales of 2,334 represented a gain of 14.6% over April and were down just 5.5% from May of last year, outperforming the market. YTD Volvo sales are down 10.4% from last year’s pace. Volvo-owned Mack reported sales of 1,613 in May, up 5% from April sales and up 2.6% from May 2023. YTD, Mack sales are down 9.4%. International sales of 1,911 were down 1.4% from April but were 40.9% lower than an excellent May 2023. For the year to date, International sales are down 39.5%, the largest decline of the major manufacturers. Kenworth reported sales of 2,876, down 19.7% from April and down 10.1% from May 2023. Year to date, however, Kenworth is outperforming the Class 8 market as a whole with a sales decline of just 2.2%. Peterbilt has reported similar numbers with May sales of 3,266, down 1.6% from April and down 6.7% from May 2023. YTD Peterbilt sales are just 1.4% down from the same point in 2023. Western Star has stepped up production and sales this year. May sales of 935 were up 5.2% from April and were up 26.9% from May 2023. For the year-to-date, the company has seen sales rise by 47.8%. Hino, mostly known for its Classes 5-7 commercial vehicles, reported sales of 29 Class 8 tractors in May. Representing a tiny portion of the Class 8 market, Hino Class 8 tractors are mostly suited for local and regional runs rather than over the road applications. Continued robust sales of Class 8 trucks are delaying the capacity reduction necessary to start pushing freight rates upward, a situation that isn’t likely to change soon.

Trucking provides off time opportunities that can promote health and well being

Cliff Abbott - June 20, 2024

If you drive a truck over the road (OTR) for a living, chances are you struggle with work-life balance. If you have a family, they struggle with it, too. Trucking is a profession where making a living often conflicts with having a life. Time at home is an important part of any job, but for the OTR trucker it often has a different meaning than for a worker who gets to come home every night. When home time is restricted to a weekend, or part of a weekend, or every other weekend, everything that others accomplish during a whole week must be done in a much smaller window. Time is spent mowing the grass, fixing the car, helping with projects around the house. Visits to doctors, dentists and other professionals must be squeezed in. Time for relationships with spouses, kids and friends is still hard to come by. Relationships aren’t the only thing that suffer. Your health is endangered by a continual focus on work. Vacations are more than a nice feature, they’re important for your physical and mental health. Some drivers are able to take advantage of their trucking careers to spend their “home time” at locations other people might choose for vacation destinations. That load to a city near the coast? Instead of loading up a return load right away, they might spend their off hours at the beach. The best part is they are paid for the travel! Drivers that team together, especially couples, can take advantage of the attractions near the delivery point of their next load. Solo drivers, however, can take advantage, too. The spouse or family at home can arrange to meet at a location near an attraction, allowing more time for togetherness when the driver gets there. Online mapping services such as Google, Bing and Apple can show whatever attractions are in the area, and people who live nearby can often offer great advice. State and national parks, federal landmarks and more are common destinations, and every city has historic features. Sporting events like minor-league baseball games are played in hundreds of locations. Local groups offer theater productions, concerts or festivals of every kind. There’s something to do nearby, no matter where your trip takes you. Most states and many smaller locations have links to tourist information on their websites. Local chambers of commerce are great places to find information either online or in person. Brochures featuring all sorts of attractions are typically available at rest areas, especially those located near a state border. You’ll need a place to stay, and information about hotels, bed-and-breakfast options or even renting vacation homes is widely available on the Internet. Discount hotel sites offer deals across the country, and most hotel chains have points programs or other promotions that sweeten the deal. If you’re relaxing alone or your partner is joining you, using your tractor to “camp” in may be an option. Both public and private campgrounds often have bathrooms and shower facilities, along with grills and picnic tables, walking trails and other amenities. If you prefer to park your truck and rent a car or van for sightseeing, car rental companies frequently have specials to increase business and most have rewards programs of some sort you can take advantage of to keep costs down. Most have a selection of vehicles, so you can save gas with something economical or spend a weekend driving that luxury model you might never buy. If you work for a carrier and can leave your truck at a company location, a “loaner” car may be available. The same is true if you leave your truck at a dealership for service, a car may be available. These days, Uber and Lyft can be used, and most metro areas have bus or even train service you can use to get around. Whether you’re booking a place to stay, a vehicle to get there or even a reservation at a restaurant, be sure to ask about discounts that you may qualify for. If you’re over 50, you may qualify for a “senior” discount. The qualification age differs by business, but it never hurts to ask. If you’re a member of AAA, AARP, NRA or another group, discounts may be available. If you’re a U.S. military veteran or a member of a Gold Star Family, you’re entitled to a free, lifetime pass to more than 2,000 federal recreation areas, including national parks, wildlife refuges and forests. If you have any sort of identification card that shows you’re a veteran, including your CDL if your state uses an identifier, just show it at the entrance. If you don’t have a Veteran ID card, you can obtain a digital version at va.gov/records/get-veteran-id-cards/vic/. The card can be used at any location that offers discounts to veterans. For some people, time off isn’t a “vacation” unless they can put together a full week or longer. However, even a day or two of relaxation can be beneficial. Drivers can also benefit from choosing the days of the week they will be off. Attractions that are crowded on the weekend are often less so during the week and, in some cases, they are cheaper, too. The last of Stephen Covey’s “7 Habits of Highly Effective People” is “Sharpen the Saw.” In his program, Covey explains that taking care of your mental and physical health provides revitalization so you become better at your job and everything else in your life. Recharge and renewal are important parts of our lives. Whatever your idea of relaxation, from camping in a secluded forest to checking out the big-city sites, there’s plenty to do somewhere close to your next delivery point. Take advantage of the opportunities that trucking provides and see the country in ways that workers in other occupations can’t.

PACCAR recall affects more than a dozen Kenworth and Peterbilt models

John Worthen - June 19, 2024

WASHINGTON — PACCAR is recalling certain 2025 Kenworth K270, K370, T280, T380, T480, T680, T880, W900 and W990, along with 2025 Peterbilt 220, 536, 537, 548, 567, 579 and 589, trucks because the tie rod or drag link assemblies may contain an improperly heat-treated ball stud, causing the ball stud to break, according to the National Highway Traffic Safety Administration Owners are advised not to drive their vehicles until the remedy has been completed Dealers will inspect and replace the tie rod and drag link assemblies as necessary, free of charge. Owner notification letters are expected to be mailed August 11, 2024. Owners may contact Kenworth customer service at (425) 828-5888 of Peterbilt customer service at (940) 591-4220. PACCAR’s numbers for this recall are 24KWG and 24PBG.

RoadsideMASTERS.com services are now available in the Trucker Path Marketplace

John Worthen - June 19, 2024

PHOENIX — Trucker Path, a mobile app for North American truckers, has announced that emergency roadside assistance programs from RoadsideMASTERS.com (RSM) are now available on the Trucker Path Marketplace. “Roadside assistance powered by RoadsideMASTERS.com is one of the latest ways we’re helping users of the Trucker Path app,” said Chris Oliver, CMO at Trucker Path. “Through the Trucker Path Marketplace, they can now access cost-effective on-demand emergency roadside coverage for vehicles within the U.S. and Canada. For owner-operators, drivers and fleets, these programs help ensure vehicles get moving as quickly as possible after a breakdown occurs.” All of the benefits of RSM commercial vehicle emergency roadside assistance programs are available to Trucker Path app users through the Trucker Path Marketplace for a discounted rate of $39.99 per month per truck, according to a news release. Users can subscribe and manage their membership directly within the Trucker Path app. Roadside assistance is provided through a proprietary vendor network comprising over 40,000 service providers across North America. “At RoadsideMASTERS.com, the nation’s premier mechanical breakdown program, we are thrilled to collaborate with Trucker Path, the leading mobile app trusted and relied upon by truckers nationwide because it’s a natural synergy,” said Jason Cohen, CEO of RoadsideMASTERS.com. “Breakdowns can occur unexpectedly, inevitably. Our commitment is to deliver 24/7 emergency assistance, skilled repairs, and assurance to Trucker Path users, minimizing downtime and expenses in the event of roadside incidents or breakdowns.”

Total spot rates remain steady, with some gains shown in May

John Worthen - June 19, 2024

BLOOMINGTON, Ind. — Although spot rates increased for two of the three principal equipment types, total broker-posted spot rates in the Truckstop system were essentially unchanged during the week ended June 14 (week 24) due to changes in the freight mix. Meanwhile, spot truckload rates bounced higher in May in the DAT One freight marketplace as shippers sought capacity to move greater volumes of van and refrigerated freight, said DAT Freight & Analytics, operators of the DAT One freight marketplace and DAT iQ data analytics service. Truckstop’s report Total rates had barely moved in the previous two weeks. Refrigerated spot rates rose after two down weeks, and flatbed rates were up for a fifth straight week — a streak that had not occurred in more than two years. Dry van rates eased marginally from the prior week. Total loads Total load activity fell 8.4% after rising more than 14% during the first full week following the Memorial Day holiday. Total volume was more than 5% below the same 2023 week and more than 35% below the five-year average for the week. Flatbed was a drag on volume as both dry van and refrigerated load postings were higher y/y in the latest week. Total truck postings rose 5%, and the Market Demand Index — the ratio of load postings to truck postings in the system — fell. Total rates The total broker-posted rate was unchanged from the previous week. Rates were 2.6% below the same 2023 week and about 7% below the five-year average for the week. Total rates were flat despite higher flatbed and refrigerated rates and barely any change in dry van rates largely because of a substantial drop in volume for flatbed, which has the highest rates. If total rates were to continue holding steady, by week 27 they would be higher year-over-year for the first time since June 2022. Dry van rates Dry van spot rates declined by less than a tenth of a cent after falling 2.5 cents during the prior week. Rates were 0.2% above the same 2023 week but 10% below the five-year average. Dry van loads declined 1.4%. Volume was 1.5% above the same 2023 week but more than 30% below the five-year average for the week. Refrigerated rates Refrigerated spot rates rose nearly 4 cents after falling slightly more than 4 cents in the previous week. Rates were nearly 1% above the same 2023 week but more than 6% below the five-year average for the week. Refrigerated loads increased 2.3%. Volume was nearly 8% above the same 2023 week — the strongest year-over-year comparison since January — but about 29% below the five-year average for the week. Flatbed rates Flatbed spot rates rose just over 1 cent after rising by a slightly larger amount during the prior week. The last time that flatbed spot rates increased in more than four consecutive weeks was April 2022. Rates were 2.4% below the same 2023 week — the least negative year-over-year comparison since August 2022 — and 6% below the five-year average for the week. Unless flatbed rates fall by about a cent or more in the current week, they will be higher year-over-year in week 25. Flatbed loads fell 14.2%. Volume was nearly 12% below the same week last year and 42% below the five-year average for the week. DAT One’s report The DAT Truckload Volume Index (TVI), an indicator of loads moved during a given month, hit all-time highs for van and refrigerated (reefer) loads: Van TVI — 289, up 4% from April Reefer TVI — 224, a 4% increase month-over-month Flatbed TVI — 301, down 2% from April The van and reefer TVI numbers climbed 13% and 25% higher, respectively, compared to May 2023. The flatbed TVI fell month-over-month for the first time since December 2023. “Stronger van and reefer volumes are consistent with May, when shippers move seasonal produce and retail goods and truckload capacity tightens due to the Roadcheck inspection event and Memorial Day holiday,” said Ken Adamo, DAT Chief of Analytics. “Carrier attrition created further pressure on capacity.” Spot rates reflected higher demand Spot prices responded last month, with national average van and reefer linehaul rates within 2% of where they were in May 2023: Spot van — $2.01 per mile, up 2 cents Spot reefer — $2.41 a mile, up 9 cents Spot flatbed — $2.52 a mile, unchanged Linehaul rates, which subtract an amount equal to an average fuel surcharge, increased for all three equipment types. The average van linehaul rate was $1.58 a mile, up 5 cents compared to April; the reefer rate jumped 9 cents to $1.94; and the flatbed rate gained 4 cents to $2.01. National average rates for contracted van and reefer freight declined compared to April: Contract van — $2.43 per mile, down 2 cents Contract reefer — $2.79 a mile, down 3 cents Contract flatbed — $3.16 a mile, up 1 cent Load-to-truck ratios edged higher National average van and reefer load-to-truck ratios rose in May: Van ratio — 4.4, up from 1.9 in April, meaning there were 4.4 loads for every van truck on the DAT One marketplace Reefer ratio — 6.3, up from 4.8 Flatbed ratio — 18.0, down from 18.5 Load-to-truck ratios reflect truckload supply and demand on the DAT One marketplace and indicate the pricing environment for spot truckload freight.

FMCSA grants exemption renewal to custom harvester drivers under 21

John Worthen - June 18, 2024

WASHINGTON — The Federal Motor Carrier Safety Administration (FMCSA) has renewed the U.S. Custom Harvesters Inc.’s (USCHI) exemption from the intrastate “K” restriction on commercial driver’s licenses (CDLs), allowing their operators under the age of 21 to travel in multiple states. According to the final rule posted to the Federal Register on Tuesday, June 18, the exemption will run through Oct. 3, 2025. FMCSA’s regulations currently provide an exception to the minimum age requirements for drivers of commercial motor vehicles (CMVs) engaged in custom harvesting operations in interstate commerce. However, under the agency’s CDL regulations, states may impose an intrastate-only — or “K” — restriction for these drivers. This exemption prevents that move by states. On Oct.11, 2023, FMCSA announced its decision to provisionally renew USCHI’s exemption for two years, pending a review of any comments received in response to that notice. “After reviewing the four comments submitted to the docket …. (the FMCSA) believes that drivers who qualify for the exemption will likely achieve a level of safety that is equivalent to, or greater than, the level of safety that would be achieved by complying with the ‘K’ restriction,” the Final Notice states.

When new federal regulations are formed, truckers’ voices matter

Cliff Abbott - June 18, 2024

Truck drivers know a lot about government regulations. After all, their entire day must fit within parameters set by the government. From restrictions on driving hours, traffic laws, routing, weight and weight distribution, it’s almost as if some government agency has a representative in the passenger seat of each truck. Worse is the perception that the average trucker doesn’t have a say in the setting of all those regulations. Many drivers believe that if the government listens to anyone who’s actually involved in the trucking industry, the only voices heard are the big organizations that can afford lobbyists and lawyers. That perception is wrong. The truth is that every citizen of the U.S. can submit comments on proposed regulations and, in some cases, appear at meetings or hearings to present information. YOU have a say in what regulations are implemented. There is a clearly defined process for agency rulemaking, and the Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation (DOT), Environmental Protection Agency (EPA) and hundreds of other federal agencies must — and do — follow it when making new rules. The Federal Register is central to this process. New rules often begin with publishing a Notice of Proposed Rulemaking (NPRM) in the register. In some cases, the agency publishes an Advanced Notice of Proposed Rulemaking to alert the public that a change is being considered. Sometimes a Petition for Rulemaking is published, if someone from the public requests a change in policy. Members of the public can comment on proposed policies and regulations; these comments are made a permanent part of the federal record. Comments can range from submission of hundreds of pages of scientific data to the simple opinion of a solitary citizen. After considering the comments and input from meetings, hearings and other sources, a final ruling is published in the Federal Register stating what the new rule is and when it becomes effective. For example, On May 29, a Notice of Public Meeting was published. The Truck Leasing Task Force (TLTF) will conduct two meetings to gather information on Independent Contractor lease agreements and what should be included. The first meeting was held June 13, and the next is set for July 18. This meeting, which will run from 10 a.m.-4 p.m. Eastern time, is virtual, so anyone can attend via the internet. In most cases, the published article will ask for public comments on the proposal, allowing 30 to 60 days — and sometimes more — for comments to be filed. Any “interested party” can submit comments. That’s the case with the upcoming TLTF meeting, too. You can submit comments regulations.gov. Be sure to enter the docket number: 2023-0143. You can also attend the meeting and present your comments directly by registering at least one week in advance of each meeting at fmcsa.dot.gov/tltf. Following the two TLTF meetings, the task force will make recommendations to the DOT; these comments can be used in forming new regulations about what goes in lease agreements. The scheduled TLTF meetings will discuss whether truck leasing agreements properly incentivize safe vehicle operation, including compliance with HOS rules and the opportunity that lease agreements provide for owners to start or grow their own trucking businesses. The Consumer Financial Protection Bureau will make presentations at both meetings. Drivers and owners of leased vehicles are invited to participate and present any information they feel could help the task force make recommendations on such agreements. The Owner-Operator Independent Drivers Association, (OOIDA) has already submitted comments that address “predatory” lease-purchase agreements, the control carriers have over Independent Contractors, and coercion of individuals to sign contracts they don’t understand. “OOIDA has supported TLTF’s mission to examine the terms, conditions, and equitability of common truck leasing arrangements, particularly as they impact owner-operators,” noted a statement from George O’Connor, director of communications for OOIDA. “It’s possible individual OOIDA members will discuss their own insights and experiences during the public comment periods.” David Heller, senior vice president of safety and government affairs at the Truckload Carriers Association, recommends that drivers and owner-operators take advantage of the opportunity to be heard. “I would encourage anybody to weigh in on this,” Heller said. “As an industry we can never assume that those that legislate, those that regulate know our industry inside and out. Everybody’s voice should be heard.” The TLTF was established in the Infrastructure Investment and Jobs Act with a mandate to determine best practices in leasing agreements and assisting drivers who have entered into a predatory lease agreement. The task force is made up of representatives from labor organizations, motor carriers, consumer protection groups, owner operators, lawyers and educators. Members are appointed by the secretary of transportation. But the TLTF isn’t the only opportunity for drivers and other members of the industry to participate in the rulemaking process. Most proposals for new rules afford an opportunity to comment, usually before a final ruling is published. With well over 400 different government agencies, there are plenty of opportunities to present your point of view on any topic you may find of interest. You can sign up for a daily email containing newly published items in the federal register here. You might choose to scroll down to the DOT or FMCSA entries to see if anything new has been published, or you can scan all of the agencies, from the Administration for Children and Families (ACF) to the Wireless Telecommunications Bureau (WTB). A free subscription to the federal register is a great way to stay informed about the latest government actions and the ones you are most concerned about. If you want to go even further, the entire federal register is available here. You can peruse the register by year, all the way back to 1936, if you’ve got a few spare hours, months or years. Every American should be aware of how the various government agencies make the rules and regulations that govern our lives. You can take advantage of your opportunity to help define the regulations that are enacted. Congress has the ability to override agency rules or to mandate the creation of new ones, so your vote in the next election can help determine the direction each agency takes. But even if your favorite candidate doesn’t win, you can still have a say. A complete explanation of the rulemaking process can be found here.

New ATRI study focuses on challenges faced by female truck drivers

John Worthen - June 18, 2024

WASHINGTON — The American Transportation Research Institute (ATRI) has released new research identifying ways to increase the number of women truck drivers entering and staying in the industry. After identifying six key challenge areas facing women truck drivers, the research lays out an action plan for the industry — with discrete steps for motor carriers, truck driver training schools and truck drivers — all designed to make trucking careers more attractive to women, according to a news release. This research was identified by ATRI’s Research Advisory Committee in March of 2023 as a top priority to help further understand the challenges women drivers encounter. The research then promulgates specific strategies that the industry can implement to increase the relatively small number of women in trucking. Among the challenges identified in ATRI’s research were industry image and perception, training school completion, truck parking shortages and restroom access, and gender harassment and discrimination. ATRI’s research included input from thousands of truck drivers, motor carriers and truck driver training schools through surveys, interviews and a women driver focus group to identify the underlying factors that generate challenges, as well as strategies for navigating and overcoming these barriers to success for women drivers. “ATRI’s research gives a voice to the thousands of women truck drivers who have found successful and satisfying careers in this industry and encouragement to other women to consider truck driving jobs,” said Emily Plummer, professional driver for Prime Inc. and one of the America’s Road Team Captains. The research found that women are drawn to driving careers for the income potential, highlighting the fact that pay parity for women and men is much more prevalent in the trucking industry than in other fields. The analysis found that carriers that implement women-specific recruiting and retention initiatives have a higher percentage of women drivers (8.1%) than those without (5.0%). The report details how fleets can put such initiatives in place. “This report provides an important roadmap for the industry to increase the number of women drivers,” said Joyce Brenny, Brenny Transportation President and CEO. “We have found tremendous success and improved safety with our women drivers and believe others who utilize this research will also experience success.” A full copy of the report is available through ATRI’s website here. ATRI is the trucking industry’s 501c3 not-for-profit research organization. It is engaged in critical research relating to freight transportation’s essential role in maintaining a safe, secure, and efficient transportation system.

FMCSA increases state fees collected from motor carriers, brokers

John Worthen - June 17, 2024

WASHINGTON — The Federal Motor Carrier Safety Administration (FMCSA) has hiked the fees that states collect from motor carriers, brokers and leasing companies. According to a posting from Monday, June 17, on the Federal Register, the increase will be 25% above the fees collected in 2024 and will vary “between $9 and $9,000 per entity, depending on the applicable fee bracket.” States use these funds to pay for state highway safety programs. “FMCSA believes this upward adjustment is within a reasonable range,” the Federal Register notice states. “This adjustment to the 2025 registration year provides the required $13 million in revenue allocations to the participating States and the UCR (United Carrier Registration) Plan.” FMCSA officials called the fee increase “a rare occurrence … which has only previously occurred once, over a decade ago.” This upward adjustment follows two years of reductions in fees affecting the 2023 and 2024 registration years, averaging a 37.3% decrease in fees, as well as steady, unmodified collections from 2010 to 2017. Many commenters viewed the increase in fees as unwarranted and unexpected, and explained the UCR Plan should be adjusting its own budget and spending instead. An anonymous commenter expressed confusion over the increase, claiming that the fees were intended to be eliminated “after full reciprocity.” A different anonymous commenter connected this increase to the UCR Plan’s poor budgeting, while another suggested the UCR Plan’s spending should be cut instead. In response, FMCSA officials said they disagreed the commenters’ statements that the fee increase was unwarranted, unpredictable and sudden. “FMCSA stated it anticipated the UCR Plan would recommend an upward adjustment in the fees for the 2025 registration year to comply with the statutory provisions discussed herein,” the Federal Register posting states. “By statute, the UCR fee is authorized for annual adjustment by FMCSA, either to increase or decrease the fee to ensure adequate funds to provide participating states with their revenue entitlement.” FMCSA also disagreed that the UCR Plan has not been operating within its budget. “To FMCSA’s knowledge, the UCR Plan has operated within its approved budget and in recent years has steadily decreased registration fees,” according to the Federal Register post. “In fact, this is the first upward adjustment since 2010. The UCR Plan’s approved allocation for the costs of administration of the Plan and Agreement over the last several years decreased from $5 million per year and is now at $4.25 million. For these reasons, FMCSA declines to modify the final rule in response to the commenters’ suggested changes.” The chart below, provided by the FMCSA, notes the coming fee changes.

FMCSA pushes commercial drivers to buckle up

Dana Guthrie - June 14, 2024

WASHINGTON — The Federal Motor Carriers Association (FMCSA) is placing an even greater emphasis on the importance of commercial motor vehicle (CMV) drivers using seat belts. “Existing data on the usage of safety belts and perceptions related to road safety do not capture the diversity of different types of commercial motor vehicle drivers in a post coronavirus disease 2019 national emergency landscape,” the FMCSA stated in a Department of Transportation Federal Register document dated June 13. “Understanding safety belt usage and perceptions of road safety among CMV drivers will assist FMCSA in gauging emerging trends among this cohort and will inform future messaging and communication efforts targeting CMV drivers.” Earlier this year, the state of New York launched a new initiative to help safety efforts on the highway. An announcement was made June 6 that Together for Safer Roads (TSR), a leading global NGO focused on building cross-sector partnerships to improve fleet trucking safety, announces the publication of “Seat Belt Safety Standard Operating Procedures: How to create and maintain a culture of safety by promoting seat belt safety procedures.” This new guide marks significant progress in establishing seat belt safety utilization standards as part of TSR’s Fleet Trucking Global Safety Standards Initiative. The initiative, launched during the 2023 UN Global Road Safety Week, aims to establish operator-focused guidelines and best practices for effective implementation of fundamental safety tools and technologies, including telematics, automatic braking, airbags, side view mirrors and seatbelts. The first phase has been dedicated to developing “Gold Star” Standard Operating Procedures (SOPs) aimed at increasing driver seat belt utilization rates for fleets. According to its press release, extensive research and stakeholder engagement, TSR identified a critical need for detailed SOPs that address both human behavior and specific seat belt hardware and technology. The new handbook, based on insights from fleet managers, drivers, and public and private sector leaders, highlights the importance of consistent seat belt use and offers practical guidance to enhance safety measures. “Today marks a significant milestone in our mission to improve global fleet trucking safety, said Peter Goldwasser, executive director of Together for Safer Roads. “The SOPs outlined in our guide represent a comprehensive framework for promoting and supporting seat belt usage within organizations.” Key aspects of the SOPs include: • Training for Seat Belt Compliance: Building a foundation of knowledge and cultivating a culture of safety through comprehensive training initiatives. The SOPs stress the importance of integrating seat belt safety goals into organizational and operational practices. This includes incorporating seat belt usage into driver performance evaluations and utilizing data analytics to measure and enhance compliance. • Seat Belt Software and Hardware Selection: Adopting the most reliable and effective technological solutions to bolster seat belt compliance and monitoring. • Purchasing and Evaluating Vehicle Seat Belt Safety Systems: Ensuring that the procurement of vehicles and their safety equipment is guided by informed, safety-focused decisions. This involves establishing clear criteria for seat belt safety features and assessing the safety records and seat belt technology of potential vehicle models to maintain compliance with seat belt safety regulations. • Seat Belt Utilization Enforcement: Creating mechanisms for compliance while ensuring accountability and timely corrective actions. • Communication for Seat Belt Safety Awareness: Establishing clear channels and protocols for disseminating safety information, collecting feedback, and fostering dialogue. To make the necessity of seat belt usage more relatable and impactful, the SOP incorporates interactive training methods and anecdotal storytelling to educate drivers about the importance of seat belt safety. • Documentation of Seat Belt Safety Compliance: Ensuring meticulous record-keeping, accessibility and regular updates to all seat belt safety-related documents.The SOPs emphasize the importance of measurement and evaluation (M&E) in ensuring the effectiveness, efficiency, and impact of seat belt safety initiatives. They outline the role of M&E in accountability, performance improvement, resource allocation, learning, evidence-based decision-making, impact assessment, transparency, risk management, efficiency and stakeholder engagement. Within each section, practices are categorized as currently existing practices, industry best practices and easy to implement takeaways, providing fleet leaders a range of tools to implement in their own management practices. The initiative’s development and subsequent testing are being conducted in collaboration with leading fleet partners, including AB InBev, Republic Services, The City of New York Department of Citywide Administrative Services (DCAS), PepsiCo and Interstate Waste Services. These partners emphasize the collective responsibility of organizations to contribute to long-term improvements in global fleet trucking safety. “As a major user of roads worldwide, improving the safety of our vehicles and their operation not only benefits us but also enhances road safety for everyone,” said Andres Peñate, global vice president for corporate affairs at Ab-InBev. “We’re excited to team up with TSR to set better technical standards on the proper use of seatbelts. This important work demonstrates the positive change industry collaboration can have on our communities.” “As the operator of one of the largest independently-owned fleets in the US, and a network of drivers across the globe, maintaining driver safety, health and wellbeing is essential,” said Daniel McGuigan, EHS director at PepsiCo. “At PepsiCo we’re proud of this important collaboration and look forward to continuing to work to advance seat belt usage and best practices.” In 1996, in an open letter to Praxair professional drivers was received by the FMCSA by line driver Ed Corely. Despite the passage of time, the message Corley wrote is timeless when it comes to the importance of seatbelt use among CMV drivers. The title of the letter was, “Just Wear It, There Are No Excuses.” The following are excerpts from Corely’s letter. “A local paper reported Sunday that a 19 year old was killed when he was ejected from a car his friend was driving,” Corely said. “On Saturday night, the driver apparently lost control of the car, crossed a ditch, and stopped in a neighbor’s yard. The paper stated the boy would have been starting college the next week and was not wearing a seatbelt before he was killed. “A Praxair professional driver was killed when the truck he was driving left the road and overturned. He was not wearing his seatbelt! Another Praxair driver was thrown through the windshield when the truck he was driving left the road. He was seriously injured. He was also not wearing his seatbelt. “A few years ago, the first legislation requiring seat belts was enacted. I heard someone protesting the mandatory seatbelt laws saying the law was a violation of his individual rights. Being a liberal-minded thinker in those days, my first impression was to agree. Then, the more I thought about it and examined my feelings about the law, I realized how sad it was that legislation is needed to protect us from ourselves. Think about it. The mandatory seatbelt laws and Praxair policies requiring the wearing of seatbelts are all about protecting us and saving lives. “What is your excuse for not wearing your seatbelt? I hope your answer is, ‘I don’t have an excuse. I wear it all the time.’ If you don’t wear your seatbelt, is it really the smart thing to do. “Could you live with yourself if your child or grandchild were killed in a car accident when not wearing a seatbelt because of the example you set? I don’t think so. If you are in a serious accident, I hope we don’t have to say, ‘If only he/she had used his/her seatbelt.’” The FMSCA is requesting that commercial drivers help update the statistics by providing public comments through August 12. To submit a comment online, click here. If submitting comments by mail or hand delivery, submit them in an unbound format, no larger than 8.5×11 inches, suitable for copying and electronic filing. Comments received after the comment closing date will be included in the docket and will be considered to the extent practicable.

Though still negative, FTR’s trucking conditions index improved in April

Bruce Guthrie - June 13, 2024

BLOOMINGTON, Ind. — While the numbers are trending in the right direction, FTR’s Trucking Conditions Index (TCI) indicated a more hospitable environment for carriers in April but remained negative at a reading of -1.95. However, that reading was up from -7.25 in March, according to a release issued this week. Both freight rates and financing costs were less negative, and freight volume improved. The TCI has not been positive in any month since early 2022 and likely will be mostly mildly negative for the rest of the year. The index could see some outlying positive readings as it moves closer to neutral territory. “Better days are in sight for trucking companies, but the market still needs to work through the tough combination of too much capacity and sluggish freight demand,” said Avery Vise, vice president o trucking for FTR. “The May payroll jobs figures for trucking offered some encouragement that this transition is underway, but a healthier situation for carriers will require continued rightsizing of capacity and stronger volume,” he continued. “We still do not expect consistently favorable market conditions for carriers until early next year.” Details of the April TCI can be found in the June issue of FTR’s Trucking Update, published May 31, 2024. Additional commentary in the June edition analyzes the lingering excess trucking capacity among both small and larger carriers. The Trucking Update includes data and analysis on load volumes, the capacity environment, rates, and the economy.

Bestpass releases new integrated toll data

Bruce Guthrie - June 13, 2024

Bestpass Inc., which touts itself as “the leader in toll management solutions and major innovator in safety and compliance solutions for commercial fleets,” recently issued a press release announcing it has added new integration features within the Geotab ecosystem that will enable Geotab customers to access new insights regarding toll activity to more effectively manage tolls and identify opportunities to reduce toll expenses. According to Shay Demmons, chief product officer for Bestpass, this “Phase 2” version of the integration with Geotab further enhances the information and tools Bestpass and non-Bestpass customers can use to learn more about toll activity, be proactive with their toll data, and manage toll-related tasks within the MyGeotab interface. “A new and exciting feature this integration update with Geotab provides is the ability for mutual customers to forecast their future toll spend,” said Demmons. “This feature allows fleets of all sizes to predict future toll spend by taking into account items such as upcoming rate changes, vehicle adds or deletes, and current travel patterns. This is a first-of-its-kind feature that allows fleets to predict future spend based on these unique data points offered between Geotab and Bestpass.” Demmons continued, “We have also given customers the unique ability to manage their transponders directly from the interface. This makes fleet hygiene, as it relates to toll management, a breeze and will ensure proper device choices for vehicles to maximize savings and reduce potential violations.” With this feature, fleet managers can replace or re-assign vehicle transponders and order transponders for new vehicles directly through Geotab. In addition to other reporting tools already available through the Bestpass – Geotab integration, this feature will help fleets more effectively manage toll violations and losses caused by incorrectly assigned, missing, lost, or misused transponders, the release stated. For Geotab customers not using Bestpass, there is now a new toll estimate tool that fleets and owner-operators can access to receive free Bestpass toll savings estimates. By enabling this tool, Bestpass will create an accurate toll savings estimate based on vehicle GPS coordinates, fleet size, toll pricing, and other relevant data shared between Geotab and Bestpass. This tool is an industry first that illustrates the benefits and toll cost savings Bestpass can provide.

ATA applauds House appropriators for cargo theft action

Dana Guthrie - June 12, 2024

WASHINGTON, D.C. — The American Trucking Associations (ATA) applauded the House Appropriations Committee’s report language for the fiscal year 2025 Department of Homeland Security funding bill, which included a provision directing Homeland Security Investigations (HSI) to establish a Supply Chain Fraud and Theft Task Force, as well as $2 million to fund the initiative. The report language was championed by Congressman David Valadao (R-CA) and will counter the sharp rise in cargo theft and broader supply chain fraud, addressing one of ATA’s strategic priorities. “The trucking industry takes great pride in delivering America’s freight safely and on time,” said ATA Senior Vice President of Legislative Affairs Henry Hanscom. “The billions of tons of goods transported by trucks to every American community have increasingly become a prime target for organized crime, putting truck drivers at risk and raising costs for consumers. “ATA commends the House Appropriations Committee and Congressman Valadao for directing Homeland Security Investigations to leverage its unique cross-border authorities to address this alarming trend,” he continued. “This provision will strengthen the partnership between the government, law enforcement, motor carriers, and our supply chain partners to strike an effective blow against these organized theft groups.” Mark Savage, chairman of the ATA’s Law Enforcement Advisory Board (LEAB) and director of connected truck solutions at Drivewyze, noted that cargo thefts were less prevalent during his time with the Colorado State Patrol, but he says that has changed drastically. “Unfortunately, in recent years, organized theft groups have been systematically targeting our nation’s supply chains and using increasingly sophisticated techniques to steal cargo in transit,” Savage said. “LEAB is already working with the trucking industry, as well as with the Cargo Theft Task Force in Florida and the California Highway Patrol, to help raise awareness and connect local officers with federal resources. We support this appropriations provision that will strengthen law enforcement’s ability to crack down on criminals and protect drivers and motor carriers from future thefts.” The appropriations report language allocates $2 million for Homeland Security Investigations, a subset of Immigration and Customs Enforcement, to consult with state, local and federal law enforcement agencies, as well as relevant private sector stakeholders to ensure the Task Force “employs a coordinated, multi-agency, intelligence-based and prosecutor-led approach to identifying, disrupting and dismantling organizations primarily responsible for the theft and theft-related violence in the American supply chain.” According to CargoNet, cargo theft spiked by 57% in 2023 compared to the prior year. Thefts have continued at a rapid pace, increasing another 10% in the first three months of 2024. In Q1, there were 925 documented incidents of cargo theft with an average loss of $281,757 per stolen shipment. California, Texas and Illinois had the highest incidents of cargo theft, accounting for 61% of all cases. Motor carriers are not required to report these robberies, so actual cases are likely much higher. Cargo theft not only disrupts the supply chain for American consumers, but it also endangers the lives of truck drivers and law enforcement. In light of this troubling trajectory, ATA added security — including cargo theft and cyber threats — to its list of strategic priorities earlier this year.

Deadline for Transition Trucking: Driving for Excellence award approaching

Erica N. Guy - June 12, 2024

ISSAQUAH, Wash. — The trio of Kenworth, FASTPORT, and the U.S. Chamber of Commerce Foundation’s “Hiring Our Heroes” initiative is still searching for the top rookie military veteran driver who successfully transitioned into the trucking industry following their retirement from military service. Under the recognition program, Kenworth will provide the grand prize for the ninth consecutive year. The grand prize is a “T680 equipped with a 76-inch sleeper and the PACCAR Powertrain featuring the PACCAR MX-13 engine rated at 455 horsepower, PACCAR TX-12 automated transmission and PACCAR DX-40 tandem rear axles.” Additional features of the T680 are “a Diamond VIT interior in slate gray with madrona accents and includes the latest in driver amenities. Both the driver and passenger seats are GT703 leather seats that are fully heated and cooled. The 76-inch sleeper includes space for a microwave and TV, a factory-installed fridge, and a rotating work table” and also includes “the latest in driver assistance systems, including Kenworth’s Digital Mirrors, Bendix Fusion Adaptive Cruise Control (ACC) Stop and Auto Go, and Lane Keeping Assist with Torque Assisted Steering.” The deadline to submit applications is June 20. In order to qualify, nominated drivers must meet the eligibility requirements, which include 1) being a legal resident of the continental United States and military veteran or current/former member of the National Guard or Reserves, 2) graduated from PTDI-certified NAPFTDS or CVTA member driver training school, with a valid CDL, and 3) have been employed by any for-hire carrier or private fleet that has pledged to hire veterans and hired as a CDL driver after January 1, 2023. The semi-finalists for the award will be revealed on August 1. The finalists will then be invited to Columbus, Ohio, for a tour of the National Veterans Memorial and Museum, followed by a reception and a visit to the Kenworth Chillicothe manufacturing plant, where the finalists’ names will be announced. Public voting for the finalists will take place from November 1 to 11. The finalists will convene at the U.S. Chamber of Commerce on December 13, when the final award announcement will occur, and the winner will receive the Kenworth T680. Full criteria and online nomination forms are available now on the “Transition Trucking: Driving for Excellence” website (www.transitiontrucking.org). For more information, visit the websites of FASTPORT (www.fastport.com) and Hiring Our Heroes (www.HiringOurHeroes.org).

Major changes for NMFC take effect in 2025

Erica N. Guy - June 12, 2024

ALEXANDRIA, Va. — Changes are coming. The National Motor Freight Traffic Association, Inc. (NMFTA)™ announced during its Summer Meeting in Louisville, KY, that major National Motor Freight Classification (NMFC)® changes will take effect in the first quarter of 2025. These changes will impact carriers, shippers, and 3PLs. To ensure a smooth transition across the supply chain, NMFTA will host three LTL Listening Sessions in August, each dedicated to a specific industry sector: Carriers Only LTL Listening Session: 2:00-3:00 pm ET on Tuesday, August 6; 3PLs Only LTL Listening Session: 2:00-3:00 pm ET on Wednesday, August 7; and Shippers Only LTL Listening Session: 2:00-3:00 pm ET on Thursday, August 8. “From the upcoming changes, NMFC users will notice that we truly prioritized simplifying the classification system by utilizing a standardized approach based on density, handling, stowability, and liability,” said Keith Peterson, Director of Operations for NMFTA. “We also focused on enhancing the user experience to make it easier to both use and understand the NMFC. These changes will increase efficiency, making it easier to classify freight accurately on the first try.” Peterson added that the goal of the changes taking place in 2025 is to reduce any friction between carriers, shippers, and 3PLs. To ensure that NMFC updates aren’t occurring at once, NMFTA has implemented a phased approach, with the first changes coming in Docket 2025-1. The upcoming phases that will be incorporated by the NMFC consist of: Standardized density scale for LTL freight when handling, stowability and liability issues are not present; Unique identifiers for freight with special handling, stowability, or liability needs; Condensed and modernized commodity listings; and Improved usability of the ClassIT® classification tool. As 2024 progresses, the process is set to become more intensive, informative, and inclusive. Both the NMFTA and NMFC expect the changes to streamline workflows, enhance communication and visibility, and increase the overall satisfaction of everyone involved. “We estimate to move as many as 3,500 single-class items to 13 subcategories,” said Nate Ripke, Director of Commodity and Standards development for NMFTA. “With Docket 2025-2 and thereafter, additional changes are likely to be made, which is why we’re scheduling LTL Listening Sessions this Summer.” The LTL Listening Sessions will allow industry professionals to gain in-depth insight into the reimagination process, ask questions directly to NMFTA representatives, and share direct experiences that can help shape the future of the NMFC. All professionals interested in attending can visit the NMFTA LTL Listening Sessions page to learn more about the sessions and access additional NMFTA resources to help prepare for the upcoming changes.

California’s 9th Circuit upholds AB5 law

John Worthen - June 12, 2024

SAN FRANCISCO — The California worker classification law, commonly known as AB5, has been upheld by the U.S. Court of Appeals for the Ninth Circuit. The 11 judges who make up the court’s full panel handed down the ruling on Monday, June 10. According to California officials, AB5’s goal was to prevent businesses from misclassifying workers as independent contractors. However, many in the trucking industry disagreed. The California Trucking Association and Owner-Operator Independent Drivers Association (OOIDA) recently filed an appeal to the Ninth Circuit over AB5. “The California Trucking Association and OOIDA have argued that AB5 imposes undue burdens on interstate commerce in violation of the dormant Commerce Clause,” OOIDA said in a statement. “In addition, OOIDA and the state trucking group have said that the law’s decisions on who it exempts violate the U.S. and California constitutions’ equal protection clauses.” AB5 was signed into law in 2019 after Lydia Olson and Miguel Perez, — drivers for Uber and Postmates — filed a lawsuit that same year. The Ninth Circuit on June 10 unanimously upheld a lower court ruling that said Uber failed to show that the 2020 state law known as AB5 unfairly singled out app-based transportation companies while exempting other industries. AB5 was originally designed as a general labor law that would cover a variety of industries, including trucking, app-based delivery companies and journalism. Exemptions were later granted to workers in multiple fields. Opponents, such as OOIDA, contend that the law now targets gig workers and the trucking industry. They argued AB5 violates the Equal Protection Clause. A federal court previously ruled that AB5 applies to some 70,000 truck drivers who can be classified as employees of companies that hire them instead of independent contractors, giving them a right to overtime, sick pay or other benefits. Judge Jacqueline Nguyen wrote in her June 10 opinion that AB5 does not directly classify any particular workers as employees or independent contractors. “Rather, under AB5, as amended, arrangements between workers and referral agencies that provide delivery or transportation services are automatically subject to the ABC Test adopted by the California Supreme Court,” the judge wrote. The ABC Test says that a worker is considered an employee unless three factors are established: A — The company does not control or direct what the worker does, either by contract or in actual practice. B — The worker performs tasks outside of the hiring entity’s usual course of business. C — The worker is engaged in an independently established trade, occupation or business. “Under the deferential rational basis standard, the en banc (full panel) court concluded that there were plausible reasons for treating transportation and delivery referral companies differently from other types of referral companies, particularly where the legislature perceived transportation and delivery companies as the most significant perpetrators of the problem it sought to address — worker classification,” Nguyen wrote.

Hogan Transports drivers earn TCA Highway Angel wings for helping others on the road

Linda Garner-Bunch - June 11, 2024

ARLINGTON, Va. — Andre Reynolds of Phoenix and Stephen Miller of Tifton, Georgia, have more in common than simply driving for the same motor carrier — Hogan Transports Inc., based in Maryland Heights, Missouri. This year, both drivers have been recognized by the Truckload Carriers Association as TCA Highway angels because of their selflessness in helping other motorists in two separate incidents. Andre Reynolds On April 15, at about 1 p.m., Reynolds was traveling along MS27, a two-line highway, near Utica, Mississippi, when the driver of a Ford Mustang unexpectedly turned into his lane. The car was moving erratically, coming almost to a stop in the lane — nearly causing a collision — before suddenly veering off the road and landing head-first in a ditch. “I was so close to hitting this dude,” Reynolds said. “I wasn’t expecting that at all!” Reynolds pulled over to check on the other driver and discovered that the man behind the wheel of the Mustang was having a seizure. “He was pretty much incoherent,” Reynolds said. Another driver stopped to help, so Reynolds asked him to call 9-1-1. Together, they waited with the driver until the seizure stopped. The man was still disoriented, but he tried to make a phone call to his father. Reynolds took the phone and explained to the man’s father what had happened. “Slowly but surely, he started to come back,” Reynolds said. Once the accident victim was alert and walking on his own, Reynolds left and continued on his way. “I wouldn’t leave somebody in a bad spot,” he said. “It doesn’t hurt to help somebody.” Stephen Miller Miller earned his wings after helping put out a car fire. Shortly after midnight on Feb. 21, he was traveling south on Interstate 75 in Punta Gorda, Florida, when a car passed him at a high rate of speed. As they passed over a bridge near exit 164, the vehicle in front of Miller hit a dip in the road. “The guy hit the dip, and I thought he wiped out because there was a huge plume of smoke,” Miller said. “As I was coming through the smoke, I was looking for a wrecked-out vehicle.” When he spotted the vehicle, which hadn’t yet stopped, smoke was billowing out from underneath, quickly followed by flames. The driver pulled off the road. Miller pulled his truck over, grabbed his fire extinguisher and sprang into action as other vehicles passed the scene. “I jumped out, ran back there and shot the fire extinguisher underneath the car to see if I could get the fire out from there, because that’s where it was coming from,” Miller said. The fire continued to grow, however, so Miller asked the other driver to pop the hood — whereupon Miller deployed the rest of the fire extinguisher. The fire was still not out, so Miller returned to his truck and grabbed a 40-pack of bottled water. “I got the fire out with the bottles of water,” said Miller, who has been driving a truck for 10 years. He stayed by the vehicle with the driver until first responders arrived. There were no injuries to the male driver and passenger from the vehicle. “I was raised, if you see something, you help out if you can. We gotta look out for each other,” Miller said.

Total load activity jumps 14.2% after Memorial Day slide, Truckstop reports

John Worthen - June 11, 2024

BLOOMINGTON, Ind. — Truckstop is reporting that total broker-posted spot rates in its system “barely changed” for the second straight week while total load activity saw a modest spike. These numbers represent the week ended June 7. According to a Truckstop news release, flatbed spot rates increased for the fourth straight week — the first such streak since January — but dry van and refrigerated spot rates were down from the previous week. Load postings rose sharply after a drop during Memorial Day week. The week-over-week moves in rates and volume were roughly in line with seasonal expectations for each equipment type. Total loads Total load activity rose 14.2% after falling 17% during the holiday week. Total volume was more than 1% below the same 2023 week and about 30% below the five-year average for the week. Total truck postings rose 4% during the holiday week, and the Market Demand Index — the ratio of load postings to truck postings in the system — increased. Total rates The total broker-posted rate ticked up two-tenths of a cent, reversing a decline of the same scope during the previous week. Rates were about 4.5% below the same 2023 week and nearly 8% below the five-year average for the week. The total market rate was marginally closer to the prior-year level than it has been over the last four weeks, but the comparison with the five-year average was the most negative since the beginning of this year. Dry van rates Dry van spot rates declined by 2.5 cents after holding nearly flat during the prior week. Rates were nearly 2% below the same 2023 week and more than 10% below the five-year average. Dry van loads increased 8.5% after falling nearly 14% during the holiday week. Volume was just under 1% below the same 2023 week and nearly 27% below the five-year average for the week. Refrigerated rates Refrigerated spot rates decreased about 4 cents after falling about 11 cents in the previous week. Rates were nearly 3% below the same 2023 week — the weakest year-over-year comparison since week 12 — and almost 8% below the five-year average for the week. Refrigerated loads rose 12.6% after falling nearly 19% during the holiday week. Volume was more than 4% below the same 2023 week and nearly 31% below the five-year average for the week. Flatbed rates Flatbed spot rates rose more than 1 cent after gaining about the same amount during the prior week. Rates were almost 5% below the same 2023 week and more than 7% below the five-year average for the week. Flatbed loads jumped 18% after falling nearly 20% during the holiday week. Volume was about a little more than 1% below the same week last year and more than 34% below the five-year average for the week.