UCR Plan-Violating Carriers Subject to Large Fees, Officials Getting Ready to Collect

August 25, 2021 by Levinson and Stefani Leave a Comment

A strict three-tiered plan to help officials identify and contact unregistered motor carriers has been approved by the Unified Carrier Registration Plan’s Board of Directors. The 44,000 motor carriers that have still yet to register with this new plan have either been issued penalties for previous violations or have failed to pay outstanding fees.

The UCR Plan was implemented by Congress in 2005, which includes 41 participating states that have agreed to be part of the plan collecting fees from leasing companies, private carriers of property, motor carriers, freight forwarders, and brokers. For these participating states, the agreement also allows for the allocation of more than $100 million in safety enforcement program funds each year.

“Our motor carrier registration percentages from non-participating states historically lag well behind those of participating states for various reasons,” explained the UCR Plan’s executive director, Avelino Gutierrez. “First, since non-participating states do not register their own UCR-eligible motor carriers for UCR, the non-participating motor carrier will not be actively solicited to register for UCR by anyone in their state. Second, few non-participating states enforce UCR roadside, which is certainly another effective method of getting motor carriers to register on their own.”

Additionally, if non-participating states have domiciled motor carriers that have Department of Transportation numbers, those carriers must still register and pay the related fees. According to Gutierrez, the nine non-participating states have around 35,000 unregistered carriers themselves. The categories of carriers required to pay UCR fees do not include private carriers of passengers, although Mexico- and Canada-based carriers operating within the United States are in fact otherwise subject to the UCR plan agreement.

The current nine states not participating in the UCR program are: Arizona, Florida, Hawaii, Maryland, Nevada, New Jersey, Oregon, Vermont, Wyoming, and the District of Columbia.

Commercial Motor Vehicle Alliance roadside inspectors have been checking the UCR registrations of carriers within participating states since 2013. Registration fees also align with the number of trucks within a carrier’s fleet–carriers with a fleet of over 1,000 need to pay $56,977 in annual fees, whereas carriers with only two trucks must pay $59 each year.

“We agree that great headway can be made if we contact those carriers in this pilot and attempt to register them,” Gutierrez explained. “So, the plan is to have one contractor full-time equivalent contact the motor carriers–about 50 a day–starting with those with the highest number of power units and moving to those with lower numbers of power units, to be more efficient in our return.”

A pilot project is in the works that would aim to help officials more easily contact motor carriers reporting a number of power units that is in contradiction with the number that is declared in their Federal Motor Carrier Safety Administration form (MCS-150), which mandates brokers or carriers accurately define all aspects of their operations. However, three other pilots are the main focus of the UCR plan at this time, and none of these pilots would be geared toward freight forwarders or brokers.

All of these potential pilots will likely “be the first step of the board in taking action on the enforcement side of the registration equation,” Gutierrez added.

According to Gutierrez, the first pilot will focus upon raising nearly $450,000 in collections from just 20% of carriers that will be contacted–a violation that will likely cost around $85,000 for each contractor.

The next pilot estimates that more than 5,600 new carriers entering the industry in non-participating states have failed to register, although many of them may not yet understand that this kind of registration is indeed necessary. Collections from these failures to register will likely bring in around $383,000, Gutierrez estimates.

Thirdly, the next pilot will focus upon other motor carriers who have already been cited for failing to register. With 1,800 of these kinds of violations having already been issued in 2021, the UCR Plan estimates that around 3,500 total motor carriers may be in violation of registering by December.

780,000 Driver Exam Results Requested by FMCSA

August 24, 2021 by Levinson and Stefani Leave a Comment

“FMCSA is aware that while many medical examiners have submitted results of examinations conducted while the National Registry was offline, others still have not done so,” said the Federal Motor Carrier Safety Administration in its pre-publication notice released in the Federal Register. “FMCSA estimates that approximately 14,000 medical examiners still have examinations results to upload.”

This statement comes as federal regulators are requesting around 14,000 medical examiners to submit missing truck driver exam results, an issue arising half a year after an inspector general audit was conducted by the Department of Transportation.

These results were said to be missing following a National Registry of Certified Medical Examiners system outage which occurred after a cyberattack effort. Now, The Federal Motor Carrier Safety Administration has formally requested this missing information, noting that it is now clear that a “significant number” of medical examiners have yet to submit their exam results from examinations taking place between December 2017 and August 2018, when the registry was down.

FMCSA has requested that examiners upload their missing information by the end of September of this year.

“FMCSA seeks up to 780,000 driver exams from [the] 2017 National Registry shutdown,” announced FMCSA in a recent tweet.

In the inspector general audit from January 15th, it was made clear that a myriad of data accuracy- and efficiency-related weaknesses were able to “limit the effectiveness of FMCSA’s oversight.” These holes in the monitoring methods of medical examiner qualifications by federal regulators showed that these efforts were not able to accurately determine whether or not a trucker’s physical and safety qualifications were up to standards.

Additionally, the entire registry system was removed from its online platform following a potential registry hack occurring in December of 2017.

“Unfortunately, during the outage, medical examiners were not able to access their National Registry accounts to upload results of examinations conducted,” explained FMCSA in its announcement. “Medical examiners were encouraged to continue conducting physical qualification examinations and issuing medical examiner’s certificates to qualified commercial motor vehicle drivers.”

The National Registry includes a list of all certified medical examiners, including more than 50,000 physicians that have been deemed qualified to conduct physicals on commercial vehicle drivers by the FMCSA. Additionally, all qualified medical examiners must be licensed within the state in which they conduct all of their examinations. They must also pass a mandatory test and meet all necessary requirements relative to training.

In FMCSA’s updated registry mandate, all medical examiners must now report each individual commercial driver’s physical exam results from June of 2018 on. These results must also include those regarding exams in which a driver was deemed not sufficiently qualified to operate a commercial motor vehicle safely.

At the time of FMCSA’s announcement, the agency also explained that it was made clear to all examiners that they would need to efficiently prepare and submit all examinations conducted throughout the outage separately, and that once the system was finally operating properly once again, these missing exam results would need to be uploaded as soon as possible.

A physical exam conducted by a qualified medical practitioner is valid through the Department of Transportation for up to two years. Additionally, the examiner is able to issue an exam certificate that would be valid for a shorter period of time if a particular condition in a driver requires regular monitoring. Typically, exam results must be submitted to the National Registry system by midnight of the day following the examination itself.

Because technology issues have apparently been an issue for FMCSA in the past, the agency has proposed delaying the redesign of its National Registry for four years, although the system is currently operating adequately. The National Registry website platform was first implemented by FMCSA in April of 2021, and medical examiners have since been required to upload a commercial motor vehicle Driver Medical Examinations Results Form (MCSA-5850) for every physical exam conducted throughout the entirety of the previous month. This is applicable for any examination of any driver required to undergo examinations by an examiner listed on the registry itself.

In 2015, this mandate was amended to require examiners to report their results by the next calendar day, including results in which a driver was not deemed qualified.

Freight Movement Faces Challenges as NYC Expressway Undergoes Improvements

August 23, 2021 by Levinson and Stefani Leave a Comment

In an effort to reduce overall truck traffic on the corridor route between New York City and Interstate 278, and to increase the lifespan of the Brooklyn-Queens Expressway cantilever, officials in New York City have released a new infrastructure-boosting plan.

The four-part plan was unveiled by Bill de Blasio, the Mayor of New York City, and Henry Gutman, the Commissioner for the New York City Department of Transportation. Because the expressway route, nicknamed the BQE, also includes a triple cantilever carrying three levels of city traffic, the officials have stated that these four parts will mainly consist of developing a community-focused plan for the corridor itself, preserving the structure of the cantilever, boosting overall enforcement and monitoring efforts, and implementing both short- and long-term maintenance improvements.

Through these efforts, the New York City Police Department will increase its enforcement and monitoring throughout the corridor, deploying smaller units for a few days at a time that will be working to steadily increase traffic management efforts in this area.

Additionally, weigh-in-motion technology will be installed by New York City to be able to fine overweight trucks automatically, as part of the plan’s comprehensive monitoring and traffic management methods outlined in the announcement.

“A critical piece of prolonging the life of the roadway is taking the enforcement of overweight trucks seriously,” explained Jo Anne Simon of Brooklyn, a New York State Assembly member.

Right now, the largest two focuses for state officials are boosting truck regulation enforcement efforts and reducing the number of highly-congested corridor lanes currently present– a wholly unnecessary and potentially detrimental course of action, as explained by Kendra Hems, President of the Trucking Association of New York.

“At a time when we’re trying to focus on addressing emissions and [the] reduction of greenhouse gas, it just doesn’t make sense that we would increase congestion instead of reduce it,” Hems said. “To drop that [corridor segment] down to two lanes is just going to make that situation much worse and put a lot of pressure on the trucking industry in terms of hours-of-service constraints.”

Specifically, according to the plan, a portion of the Brooklyn-Queens Expressway will see lane markings being shifted in order to decrease the number of lanes from three lanes in each direction to two in each direction. This alignment change will occur in the segment of the expressway located between Atlantic Avenue and the Brooklyn Bridge, and will provide a shoulder as well as two wider lanes as opposed to the currently-in-place three narrow lanes. According to the plan, this shift will work to help reduce the overall weight present at any given time along this segment of the BQE, as well as reduce the number breakdowns and collisions, which often cause major delays.

The Trucking Association of New York will often back many sensible methods of transportation when necessary, but trucks do indeed need to be able to make their final deliveries in an efficient and timely manner, of course, and trucking traffic heavily relies on the Interstate-278 corridor when leaving the Port of New York and New Jersey, Hems noted. It has also been made clear throughout the pandemic era that the trucking industry is vital for the wellbeing of our economy and for the wellbeing of the nation as a whole. Giving fewer trucks access to that section of the expressway at any given time will hinder a trucker’s ability to reach his or her destination on time, resulting in late deliveries or hours-of-service regulation violations, she added.

“I think what’s frustrating here is this continued rhetoric about eliminating trucks from New York City and shifting freight to other modes,” Hems explained. “They’re tying that into this whole plan, which I think is irresponsible, because trucks aren’t going away.”

Additionally, the plan has outlined intentions to analyze the structure’s joints and drainage capabilities as a method of stopping water infiltration within the structure in order to better preserve it.

A variety of rail- and water-related solutions has been proposed by Representative Nydia Velazquez of New York for the trucking industry to be able to alleviate some of the current infrastructural and environmental impacts in place. Other city officials have noted their goals to work with members of the trucking industry, as well as with other businesspeople and community members, throughout the coming months in an effort to develop the most efficient long-term plan for the corridor and its foreseeable future.

$1 Trillion Infrastructure Improvement Bill Approved by Senate

August 21, 2021 by Levinson and Stefani Leave a Comment

In a 69-to-30 vote, senators have decided to approve the Infrastructure Investment and Jobs Act–legislation meant to help bring massive improvements to U.S. freight corridors, transit systems, and mobility networks.

The $1 trillion bill includes a variety of climate change and infrastructure improvement proposals from President Joe Biden’s “build back better” plan, and finally gained Senate approval this month. Around $550 billion in new funds will be allocated to bring long-needed boosts to a variety of transportation systems, tunnels, highways, and bridges through the new legislation, explained the American Society of Civil Engineers.

Additionally, around $100 billion of the package will be dedicated to specific road and bridge projects, $66 billion will be dedicated to freight and passenger rail programs, $65 billion will be dedicated to broadband internet improvements, $46 billion will be dedicated to climate change and severe weather resilience programs, $39 billion will be dedicated to specific transit improvement plans, and $25 billion will be dedicated to airport improvement efforts.

“Americans, and the hardworking men and women who carry this economy on trucks, have waited long enough for Washington to act on our decaying infrastructure,” said Chris Spear, American Trucking Associations President, one of many key industry stakeholders who have expressed their support in regards to this new bill.

“Today’s bipartisan vote on the Infrastructure Investment and Jobs Act is a testament to what we can achieve when we set politics aside and work together for the good of the country,” added Senator Rob Portman of Ohio in a recent tweet. “This historic bill is the result of months of negotiations between [Republicans and Democrats]. Bipartisanship works!”

Portman was one of the political leaders who helped to create the new legislation.

“It will be a lasting bipartisan achievement to help the people we represent,” he said. “It’s going to improve the lives of all Americans. It’s long-term spending to repair and replace and build assets that will last for decades. In doing so, it does make life better for people.”

Portman also made clear that he, along with other policymakers, considered the people throughout the country for whom this kind of funding would make life much easier.

“It improves the life of the mom or dad who commutes to work and gets stuck in rush hour every day, who would much rather be spending that time with their family,” he said. “It improves the lives of people who are tired of those potholes. We all want to fix those potholes. We all hate them.”

Additionally, the bill will set forth an apprenticeship program for truck drivers under the age of 21 entering the workforce to be able to cross state lines in their commercial motor vehicles as a way to ease the current truck driver shortage. It would also approve a truck-leasing task force initiative and require the secretary of transportation to find the best methods of implementing side-underride guards for commercial vehicles.

Through the legislation, mandates would be set in place requiring that automatic emergency braking systems be implemented in some commercial vehicles, and The U.S. Department of Transportation would also be required to thoroughly analyze electronic logging device efficiency.

Finally, the legislation would allow for the reauthorization of the premier federal highway law, which was set to expire at the end of next month.

“Strong, reliable infrastructure represents more than pipes and pavement,” noted Senator Kyrsten Sinema of Arizona. “It represents the opportunities for Americans to visit loved ones, new businesses to open and compete globally, veterans to access tele-medicine, and children to learn in safe and effective ways.”

The bill will now move on to the House, where its projected outcome is not yet clear. The infrastructure package is expected to be explained in tandem with an overarching budget plan by Speaker Nancy Pelosi when she sets forth these plans’ legislative process.

House Transportation Chairman Peter DeFazio also plans to work on provision negotiations with the Senate, citing the passage of his recent multi-year highway policy update.

“I set out for several major objectives to rebuild America’s crumbling infrastructure, bring us into the 21st century, not do another iteration of the Eisenhower[-era] national highway program, but to actually begin to deal with current problems,” DeFazio explained.

Nitrogen Oxide Regulations Getting Major Upgrade from EPA

August 20, 2021 by Levinson and Stefani Leave a Comment

By the end of next year, new national emission standards will be finalized in an effort to reduce the amount of harmful air pollutants and greenhouse gas emissions from heavy-duty trucks.

The Environmental Protection Agency has announced that starting in model year 2027, commercial motor vehicles will be subject to a series of significant rule-makings over the course of the next few years aiming to implement standards bringing a major reduction to the amount of nitrogen oxide pollution emitted from these trucks.

“This action will include an update of current greenhouse gas standards to capture market shifts to zero-emission technologies in certain segments of the heavy-duty vehicle sector,” said the EPA in a recent statement.

The current standard for nitrogen oxide pollution for on-highway, heavy-duty commercial motor vehicles is 0.20 grams per brake-horsepower-hour, and this particular standard for trucks and engines has not seen any changes for the last 20 years. In terms of its next standard, the specific target reduction in nitrogen oxide has not been made clear by EPA.

The agency’s new “Clean Trucks Plan” will aim to lower overall new heavy-duty vehicle emissions, including those emitted from commercial delivery trucks, buses, and long-haul tractors. This new rule will implement “more robust greenhouse gas emission standards” for all newly-manufactured heavy-duty commercial motor vehicles at least by the model year 2030, EPA has claimed.

“These new rules will be major steps toward improving air quality and addressing the climate crisis,” said the agency. Additionally, these regulations will help areas most in need of improved wellbeing, including many “overburdened and underserved communities,” as heavy-duty truck emission pollution is a major factor in poor health and air quality across the United States, EPA noted.

“Heavy-duty vehicles are the largest contributor–about 32%–to mobile source emissions of nitrogen oxide, which react in the atmosphere to form ozone and particulate matter,” explained the agency in its statement. “These pollutants are linked to respiratory and/or cardiovascular problems and other adverse health impacts that lead to increased medication use, hospital admissions, emergency department visits, and premature deaths.”

EPA has been under pressure by a variety of both local and state agencies throughout the nation urging the agency to find ways to largely reduce nitrogen oxide emissions from big-rigs, as many officials from these agencies are seeing poor health in their own areas due to low air quality and pollution.

“Such reductions are a critical part of many areas’ strategies to attain and maintain the health-based air quality standards, and to ensure that all communities benefit from improvements in air quality,” said EPA.

This month, President Joe Biden also signed an executive order mandating that at least half of all light-duty commercial motor vehicles be electric by 2030 in an effort to further reduce nitrogen oxide emissions.

“We’re looking forward to continuing our discussions to educate and help form the next round of low nitrogen oxide standards,” said American Trucking Associations’ energy and environmental counsel, Glen Kedzie. “Likewise, ATA stands ready to be engaged with both EPA and the National Highway Traffic Safety Administration in the establishment of the next round of truck greenhouse gas and fuel-efficiency standards.”

Organizations across the country will need to work together to find the best methods of implementing these climate crisis-tackling standards and regulations, explained Kedzie.

“With clean technologies advancing at such a rapid pace, it’s inherent for federal agencies to understand how these technologies will be deployed and utilized within individual trucking operations,” he said.

In fact, some groups have found one aspect of trucking in which lowering greenhouse gas emissions should be one of the first areas of focus in regards to these new regulations.

“One area [in which] technologies can improve emission outcomes relates to trucks operating at what are known as ‘low loads,’” said EPA. “EPA’s analysis of trucking emissions has shown that current nitrogen oxide controls are not effective under certain low-load operating conditions, such as when trucks idle, move slowly, or operate in stop-and go traffic. Emission-control technologies that can help reduce nitrogen oxide emissions under low-load conditions now exist, and they represent one area [in which] EPA intends to focus as it develops a new nitrogen oxide regulation.”

Jay Elected Chair of AAJ Section

August 20, 2021 by Levinson and Stefani Leave a Comment

Jay Stefani, the firm’s managing partner, was recently elected Chair of the American Association for Justice‘s Sole Practitioner & Small Firm Section. He previously served in other leadership positions within the section. As the leader of the section for the 2021-2022 term, he will also sit on the section’s executive committee and is now a member of AAJ’s Section Leaders Council.

“It’s an honor to be chair of this group, especially considering how many of my fellow trial lawyers across the country are in small firms,” said Jay. The section focuses on small business issues facing sole practitioners and small firms, such as technology, human resources, marketing, and firm management.

Jay is looking forward to improving and growing the section. “I’m excited to grow our section and increase the sense of community. We all face the same ‘problems,’ and the section is a fantastic opportunity for our members to share their solutions with each other.”