Legislation Underway to Repeal Truck Excise Tax

August 7, 2021 by Levinson and Stefani Leave a Comment

As a way to help bring further modernization to the American freight industry, a pair of U.S. senators have introduced a proposal that would repeal the excise tax placed on new truck and trailer purchases.

Highway and freight committee policymakers Senators Ben Cardin of Maryland and Todd Young of Indiana have proposed a new bill that would withdraw the current 12% tax on truck sales–a tax that has been implemented for over 100 years in the United States and is considered to be one of the highest excise taxes levied on any product throughout the country. The repeal of this tax would come as part of 2021’s bipartisan Modern, Clean, and Safe Trucks Act.

“The federal excise tax disproportionately impacts electric and alternative-fueled trucks–which currently have a higher upfront cost–at a time when adoption of these technologies is needed to accelerate the transition to zero-emission vehicles and the reduction of carbon pollution from transportation,” the legislation explained.

Clean power-implementing and fleet-modernizing technologies that are making waves in the domestic truck industry could see many of their private investment opportunities diminished, some of the current tax’s opponents claim.

“Our tax policy is one of the most effective ways Congress can encourage cleaner and green energy,” noted Cardin. “The current federal excise tax has become a barrier to the progress. I am proud to support Maryland manufacturers in their efforts to innovate and deploy cleaner and safer technologies in our trucking industry. Our legislation will spur growth and competitiveness while making our roads safer and less polluted.”

A variety of House transportation policymakers have been working to repeal the tax over the last few years, as many of them believe a change in this kind of legislation is well overdue.

“It’s time to repeal this outdated and onerous tax on our Hoosier truckers,” Senator Young said. “Our bipartisan bill will open the floodgates to investment in safer and cleaner trucks and trailers that will benefit our economy and the environment.”

The excise tax, which came about in the early 20th century, has been able to increase a new truck or trailer’s cost by around $21,000, according to industry analysts. Because of this, various stakeholders, such has the American Truck Dealers (a National Automobile Dealers Association division) and American Trucking Associations have also been voicing their agreement with efforts to repeal the tax.

“The federal excise tax on heavy trucks is a relic from the First World War that’s now serving to keep cleaner, safer trucks off of our nation’s roads today,” explained American Trucking Associations president, Chris Spear. “By repealing this antiquated tax, Congress can deliver a win for the environment, highway safety, manufacturing jobs, and supply chain efficiency. We thank Senators Young and Cardin for their bipartisan leadership in advancing a common-sense solution to the benefit of American truckers and the motoring public.”

Fleets that are working to implement the newest, safest trucks (that are also best for the environment) shouldn’t be punished for doing so, many trucking companies say.

”Cummins supports Senators Young and Cardin’s effort to repeal the outdated and burdensome federal excise tax on heavy duty trucks,” said Cummins Inc.’s president and chief operating officer, Jennifer Rumsey. “This tax penalizes those who want to adopt the cleanest, most advanced technologies to reduce emissions and improve safety, and repealing it will help ensure the most efficient technologies are being deployed. We applaud Senators Young and Cardin’s leadership on this issue [of importance] to the environment, our customers, and our communities.”

Additionally, because so many fleets’ trucks need major updates–and soon–an excise for this tax is of the utmost importance for the nation and the efficiency of its trucking industry.

“On behalf of the trucking industry, we thank Senator Young and Senator Cardin for the bipartisan legislation to repeal the [federal excise tax], which will result in cleaner, safer trucks on the road,” said American Truck Dealers chairman, Steve Bassett. “With most heavy-duty trucks over 10 years old, passing this bill is crucial to help America modernize its aging truck fleet.”

Driver Comfort to be Boosted With Fleets’ Seat Tech Investment

August 4, 2021 by Levinson and Stefani Leave a Comment

“The last thing we want to do is lose a driver over an uncomfortable seat,” said Foodliner’s maintenance director, Kyle Neumann. “Drivers aren’t bashful. If they’re uncomfortable, they’re going to let you know.”

Because seat comfortability is so important for a truck driver, as they spend most of their workday sitting in the cab of a truck, the latest, most innovative truck seats have been manufactured with upgraded materials, effective suspension, and more adjustability than ever in an effort to maximize a trucker’s overall comfort while on the job. Many fleets have even been utilizing methods of attracting and retaining new truck drivers such as advertising their high levels of cab comfort.

“That has driven us to constantly look at seats and make sure we’re staying ahead of the curve, so we’re giving them the best option that is out there,” Neumann added.

More engineering and science-backed analyses are what is pushing these new designs forward, said North American aftermarket business director for Sears Seating, John Duax.

“Not only does the seat have to be comfortable to the driver, but there also has to be some science behind it to eliminate a couple major issues prevalent in trucking for years–driver’s fatigue and lost time due to injury,” he added.

The design of truck seats has seen vast improvement in its evolution, and those changes are happening exceptionally quickly, explained Navistar’s chief technical engineer for human factors and ergonomics, Sandeep Premkumar.

“We now have more objective and subjective data around seat discomfort, seat materials have changed, new testing equipment and methods are being developed, seats have gotten better at isolating road inputs, and new functions have been added to sets,” Premkumar said.

Back pain and other issues have always been particularly prevalent in the trucking industry among drivers, so companies like A. Duie Pyle are careful to select the best seats possible that will boost the overall safety and wellbeing for a trucker.

“If I have a poor seat, it can lead to back injuries,” said the company’s vice president of fleet maintenance, Dan Carrano.

Until now, customized adjustments in regards to comfort and lumbar support weren’t as easily accessible as they are nowadays, Carrano added.

“You just had the air that would raise and lower the seat and the seat slide to move it up and back,” he said of previous seat models. Now, adjustments can be made within the seat base to lengthen or tilt it to fit any individual driver’s comfort preferences.

“Between the length of the seat cushion, the tilt of the seat cushion, and the lumbar support, the adjustability is pretty drastic,” he said

Additionally, with these new designs, body shapes and sizes of all truck drivers are able to be adapted to with the latest customizable adjustment capabilities–which can be especially helpful to female drivers.

“Female drivers have complained they can’t get up high enough to see over the hood,” said aftermarket sales manager at Seats Inc., Adam Lindloff. Now, “you can change the rake angle, which increases the hip point where the occupant is sitting. You’re sitting higher, but the position isn’t interfering with you getting to the pedals.”

Additionally, until recently, a majority of commercial vehicle cab design has focused upon ergonomics–the physical toll of a seat on a human body. Now, it’s become more widely accepted that the prioritized elements of a proper seat should accommodate all different postures and body types, and come equipped with fore-aft and up-down travel ranges, seat suspension, and adequate width and firmness.

“Macro trends such as automation, electrification, and connectivity are driving a lot of new technology into cabs and [are] introducing new ways for drivers to interact with vehicles,” and cognitive ergonomics is becoming much more widely adopted, Premkumar explained.

Companies like Navistar are now working to prioritize a driver’s cognitive, physical, and even emotional needs by determining which particular seat characteristics most affect a driver’s needs and experience. The company is also working to determine the performance targets, capabilities, and limitations of the most necessary aspects of an innovative seat design.

“The best defense [to a bumpy environment] can be found in a properly fit seat that removes vibration and increased comfort for the driver’s particular needs,” said Seat Specialists’ director of business development, Jennifer Ross.

Ken Recieves Award at AAJ Annual Convention

August 3, 2021 by Levinson and Stefani Leave a Comment

Ken was honored at the recent American Association for Justice Annual Convention in Las Vegas. He was awarded a Certificate of Recognition for 2021. The certificate is given to members who have made contributions through membership, education, or fundraising to sustain and strengthen the organization. AAJ currently has approximately 20,000 members across the United States.

Ken continues to show his leadership and service amongst trial lawyers, and though he does it because it’s the right thing to do, the recognition is welcome. Throughout a difficult 2020, Ken continued teaching and coordinating virtual education programs for trial attorneys.

“I truly enjoy the opportunities I have to help make all trial lawyers better advocates for their clients. I do it because we all have an obligation to raise the bar of the profession, but the recognition is a humbling honor,” said Ken.

Cybersecurity Big Focus for Senate Following Pipeline Attack

August 3, 2021 by Levinson and Stefani Leave a Comment

To boost overall security operations after a serious cyberattack on the Colonial Pipeline, The U.S. Senate’s freight committee leaders are currently calling upon the Biden administration, private industry stakeholders, and congressional colleagues to take swift action.

Cyberattacks of this caliber are potentially able to shut down all infrastructure operations, and the threat of such an event is still a major risk for the country, explained Maria Cantwell, Senate Commerce Committee Chairwoman. With several states undergoing a large disruption in regards to their petroleum materials during May’s Colonial Pipeline cyberattack–an event which hurt the nation’s economy–cybersecurity clearly needs some major improvements.

The Colonial Pipeline had to pay around $4.4 million to be able to restart its systems after the cyberattack affected its 5,500 miles of pipe which transport around 100 million gallons of fuel every day. Additionally, federal agencies have been recently cyberattacked by SolarWinds Russian intelligence, and Microsoft Exchange users were recently targeted in the ‘Hafnium’ attack. Other municipal and state agencies have been victims of cyberattacks recently, as well.

“The rapid growth in the number and sophistication of cyberattacks is the alarm bell ringing about the need to immediately bolster the cybersecurity of our critical infrastructure,” said Chairwoman Cantwell in a recent Senate hearing.

Because the nation’s infrastructure is indeed at risk, the federal government needs to bring options quickly in regards to solving this massive issue, she added.

“The federal government should be part of the solution,” Cantwell continued. “We need to bring about critical infrastructure investments in technology that can help the electricity grid and companies secure their networks from these kinds of intrusions.”

Both Cantwell and Senator Roger Wicker noted that there is effective legislation in the works that could help improve overall protections of the pipeline. Wicker currently serves as the panel’s ranking member and explained that public-private collaborations meaning to bring boosted safety to infrastructure networks and pipeline operations, as well as interagency operability, could have major benefits for overall protection against cyberattacks and to the pipeline itself.

“As the federal government considers ways to improve the cybersecurity framework of the pipeline sector, it will be increasingly important for the public and private sectors to coordinate their efforts more closely,” Wicker said. “Coordination between government and industry is needed to improve information sharing about emerging cyber threats and best practices to address them. Industry [experts] should also build strong relationships with their regulators and law enforcement to increase that collaboration.”

In an effort to indeed prevent cyber attacks like that endured by the Colonial Pipeline, U.S. Department of Transportation Deputy Secretary, Polly Trottenberg, noted that the Department of Transportation is working with other agencies to find the best methods of doing so. In fact, the Pipeline and Hazardous Materials Safety Administration is working to bolster enforcement and inspections across its countrywide operations, especially to monitor pipeline control rooms, improve emergency response plans, and revise integrity management plan requirements within the agency.

“The Colonial Pipeline cybersecurity incident spotlighted the importance of trust and timely information sharing, as well as public and private sector partnership in transportation cybersecurity,” Trottenberg told senators. “It also underscored that we need to keep learning and adapting quickly to meet increasingly complex and sophisticated cybersecurity challenges.”

She noted that collaborative efforts are key in making these improvements become successful and long-lasting.

“DOT will continue to work across the federal government and with the private sector to advance the cybersecurity of the pipelines that fuel and sustain our nation,” she added.

President Biden has issued an executive order following the pipeline attack to bring about strengthened federal capabilities regarding cybersecurity; the order began these efforts by establishing a cybersecurity safety review board. Additionally, the Transportation Security Administration is working to further evaluate and integrate cybersecurity across the entire transportation sector and within other agencies aligned with the industry, according to the agency’s administrator, David Pekoske.

“The pipeline system is crucial to U.S. national security, transportation, and our energy supply,’ Pekoske said. “These pipelines provide connections to other critical infrastructure upon which we depend, such as power plants and the aviation gasoline fuel supply for airplanes.”

‘Trooper in a Truck’ Event Finds Many Texting Drivers Throughout Indiana

August 2, 2021 by Levinson and Stefani Leave a Comment

Nearly 300 motorists across the state of Indiana have been the latest recipients of traffic tickets and warnings after unknowingly sharing the road with a group of tractor-trailers driving down the interstate with state troopers onboard.

The ‘trooper in a truck’ initiative was an effort to allow state troopers to more easily and inconspicuously watch out for dangerous driver behaviors on Indiana roadways. When the passenger-seated trooper in one of these big rigs saw any risky roadway actions, he or she was able to radio in to state police who were positioned to patrol further up the interstate and were ready to pull over these drivers and issue the necessary citations or warnings.

“One of the things we hear from truck drivers is, ‘It’s a shame you guys can’t see what’s going on the way we can,” said commander of the Indiana State Police Commercial Vehicle Enforcement Division, Major Jon Smithers. “‘If only you guys could see what we see in the seat every day being up high.’”

And he’s not wrong–during the one-day ‘trooper in a truck’ event, the majority of the nearly 300 tickets and warnings that were issue were indeed issued to drivers of passenger vehicles, something that does not come as a surprise to many truckers who get a front row seat to the goings on of the nation’s roadways. During the initiative, troopers issued 152 warnings and wrote 132 tickets to passenger vehicle drivers.

Having these officers sit high up in the truck bed gave them a new perspective and allowed them to much more easily see if drivers were violating a particularly important recently-instated state law–that no driver should have a cellphone in his or her hands while operating a vehicle.

Violating this law can issue up to a $500 fine for drivers and also levy four points on his or her driver’s record. During the ‘trooper in a truck’ event, many troopers had to remind motorists of this “hands-free” law that has only been officially in effect in the state of Indiana for a short time.

“We need to let these people know that we’re serious about this [new law], because everybody’s still on their phones–nobody is taking it [seriously],” explained president of the Indiana Motor Truck Association, Gary Langston. “We also focused on people driving erratically and unsafely around commercial vehicles, things like tailgating, cutting people off, and all the other things that cars do.”

The Indiana Motor Truck Association was able to help state police with these efforts by recruiting the four big rigs utilized to travel along looping interstates throughout various regions of the state to help troopers with their patrol efforts.

“We think [the initiative] was successful,” explained Langston. “It continues to improve the relationship between law enforcement and the trucking industry. But first and foremost, it raises awareness and the priority level of safe driving. It reminds people that safe driving is a full-time job.”

Additionally, because the “hands-free” law is so new to so many, many drivers of passenger vehicles are not yet aware of the actual life-threatening risks that come with texting or otherwise using a cellphone while operating a car, Smithers noted.

“I don’t think people realize you can travel two or three lengths of a football field in just a few seconds,” he said. “If something is going on in front of you, in just a short matter of time you can be on top of a problem.”

Still, a large chunk of the citations issued by troopers during this event was for speeding, even though the main focus was to take action upon the drivers talking on cellphones or texting while operating vehicles on the interstate.

“I heard one story that a truck with a trooper was moving in the right-hand lane,” Langston recalled. “A car passed them on the right shoulder of the road, and then pulled in front of the truck.”

Langston explained that this driver had been so distracted, he didn’t even realize that he had cut off a commercial motor vehicle at all.

“When [the police officer] pulled the car over and asked the driver why he passed on the shoulder, his response was: ‘What truck?’ That just tells you that people aren’t paying as much attention as we’d like for them to.”

Road Extension Project in the Works to Boost Illinois Freight Movement

August 1, 2021 by Levinson and Stefani Leave a Comment

The Houbolt Road Extension project is finally under way in Illinois as freight movement and traffic flow improvement efforts become a main area of focus for state officials.

Joliet, a large intermodal hub based 45 miles southwest of Chicago, will house the 1.5-mile extension of Houbolt Road through its public-private partnership. The extension includes a Des Plaines River-spanning tolled bridge and would offer a highly-needed connection in the form of two lanes of traffic running between a variety of intermodal facilities and Interstate 80. These lanes, which would run in each direction, would aid the heavily-used freight route along I-80 reaching from San Francisco to Teaneck, New Jersey.

Because there is more of an ease to the truck traffic and a closer proximity to I-80 in Will County than in downtown Chicago, Joliet has become a common destination for intermodal traffic in recent years, explained Matt Hart, the Executive Director of the Illinois Trucking Association. The trucks that would utilize the bridge linking the Houbolt Road route would be able to easily reach State Route 53 or Arsenal Road via Interstate 55 through this extension.

“We have been encouraging additional capacity there for a long time,” explained Hart. “This will add to the capacity. It will allow trucks better access to this area. That being said, it’s also a bridge that is going to be paid for by tolls on trucks. So, it will provide more capacity, but it’s going to come at a price.”

The city of Joliet will monitor the state-committed $32 million that has been dedicated to the project and will collaborate in these expansion efforts alongside the Illinois Department of Transportation. Industrial real estate firm CenterPoint Properties has been commissioned to construct and operate the new bridge.

“Today we joined CenterPoint Properties, Will County, and the city of Joliet to break ground on the Houbolt Road Extension,” said the Illinois Department of Transportation in a tweet last week. “The P3 efforts leverages a $32 million state contribution for an overall improvement of nearly $200 million, furthering Governor Pritzker’s vision to fix and modernize I-80.”

The bridge’s toll rates have yet to be decided upon; many trucking firms will likely pass costs for the tolls down to their customers, although they may initially want to try and avoid the toll bridge itself.

“I think that every trucking company is going to do their best to avoid the toll, just because that makes economic sense,” said Hart. “At the end of the day, every truck that’s on the highway is there because consumers need something or want something, and the consumers and the marketplace will require that it be delivered at the most cost-effective means possible.”

Because the Houbolt extension project is bringing boosted capacity, ITA, which typically opposes tolls implemented into existing highways, has decided to remain neutral in this circumstance (which it often does in regards to tolls helping to increase capacity). Still, ITA believes that the most effective way to increase infrastructure capabilities is through traditional user fees like a fuel tax. These administrative costs are usually lower than tolling fees, Hart added.

“I think, in the long term, you will see more trucking companies use that bridge and they will build the price off that toll into the cost of goods,” he said.

Construction for the project, which is scheduled to be finished by the year 2023, will help to reconfigure the interchange between Houbolt Road and Interstate 80. The investment into these efforts comes from Governor Jay Pritzker’s Rebuild Illinois plan, which has been in place for the last couple of years and aims to help boost investment into bridge, transit, road, state park, education, historic state, and clean water infrastructure projects throughout the state.

“This project is just one of several major upgrades of I-80 in the coming years, thanks to the governor’s vision,” said Omer Osman, Secretary for Illinois Transportation. “The new bridge will link I-80 and the intermodal facilities in Will County, alleviate traffic congestion, make travel safer along a critical national corridor, and further strengthen the state’s economy.”

CenterPoint Intermodal Center is based in Joliet and its neighboring town of Elwood, and houses a large inland port and a main office space. According to Hart, many freight distribution centers and hubs have been making their homes throughout this Chicagoland location.