trucking laws

Positive Drug Tests in Drivers on the Rise–What This Means for Driver Shortage

October 15, 2021 by Levinson and Stefani Leave a Comment

The Federal Motor Carrier Safety Administration Drug & Alcohol Clearinghouse has released a new summary report showing that through August 2021, the number of positive drive drug tests has risen by around 13%.

The most commonly-found drugs in these tests were marijuana, cocaine, and methamphetamines, the majority of which being for marijuana. For all violations found by the FMCSA, 82% were for positive driver drug tests–a number that has reached 95,740 since the clearinghouse first went into effect in 2020.

Around 70,000 drivers are still in “prohibited driving status” following these positive tests, which has many industry experts worried that those drivers may leave trucking altogether and worsen the long-term driver shortage.

“The greater prevalence of drug testing violations is concerning, and jeopardizes the safety of our roadways,” said spokesman for American Trucking Associations, Sean McNally. “In light of states’ continuing liberalization of marijuana laws, we encourage the federal government to increase attention on research on marijuana impairment, develop a national enforceable impairment standard, and look at ways to develop appropriate levels of highway safety.”

A study on marijuana use and its relation to roadway injury and fatalities was conducted earlier this year by the Insurance Institute for Highway Safety and found mixed results regarding whether or not marijuana use itself is causing more highway accidents following the continuing legalization of the drug.

“The estimated increases in injury and fatality rates after marijuana legalization are consistent with earlier studies but they were not always statistically significant, and the effects varied across states,” said the institute in its study. “However, this is an early look at the time trends, and researchers and policymakers need to continue monitoring the data. National, state, and local governments considering changes to their marijuana policies should be cautious, proceed slowly, and take note of the lessons learned from these initial experiences.”

However, the data found in this study has researchers still unclear on the relation between recreational marijuana usage and roadway crashes.

“Legalization of the recreational use of marijuana was associated with a statistically significant 6.6% increase in injury crash rates and a non-significant 2.3% increase in fatal crash rates,” the study continued. “In contrast, the subsequent onset of retail marijuana sales–three to 18 months later depending on the state–did not elicit additional substantial increases to injury or fatal crash rates.”

If the legalization of marijuana is causing more drivers to be taken off the roads, it will of course be frustrating to see such changes further exacerbate the current driver shortage. However, the focus here should be steadily on improving overall road safety.

“My take is that there is a driver shortage, and frankly a labor shortage, that we see in many sectors,” said Levinson and Stefani’s Ken Levinson. “We see it in local restaurants, we see it in law firms, and we see it in the trucking industry. But, when the stakes are so high, and when professional drivers are operating 80,000 pound vehicles that can cause such devastating harm, we can’t let safety measures slip.”

Buckling down on these safety measures entails more than just ensuring drivers avoid drug use while on the road, Levinson added.

“This includes ending any driving under the influence of drugs, not hiring unqualified drivers, and not lowering the age for commercial drivers,” he said. “I get that there is economic pressure, and I understand the labor shortages, but the consequences are just too high. There are certainly a lot of industries and businesses I can imagine where the stakes aren’t quite so high in terms of safety and loss where you could maybe lower the standards, but professional driving is not one of those industries.”

With much of the country’s economic wellbeing weighing heavily on the shoulders of truck drivers throughout the pandemic era, some industry experts wonder if that added pressure may be causing them to turn to drug use to work longer hours or stay alert more easily.

“I think there’s a lot of pressure on drivers, and there are a lot of sick drivers, that are given a lot of mandates by trucking companies that almost encourage them to be unsafe, drive too many hours, and cut corners,” explained Levinson. “That’s why we need to be ever-so-diligent in making sure that trucking companies don’t skirt around safety regulations. It’s just that the consequences are so great.”

Refrigerated Carriers See Massive Changes; TMC Begins New Study About Safe Food Transport

September 25, 2021 by Levinson and Stefani Leave a Comment

How exactly do refrigerated carriers implement new technology into their operations to keep food safe? The American Trucking Associations’ Technology and Maintenance Council is funding a study to determine just that–and what the maintenance needs are for these changes.

As food retailers are utilizing new supplier and sensor-based tech options for fleets, regulators have begun voicing worries regarding a variety of food safety concerns. Because of this, the Technology and Maintenance Council’s Fall 2021 meeting saw an announcement by Business Accelerants CEO Paul Menig stating that he would be working on relevant food safety analysis and surveys along with WillGo Transportation Consulting CEO, Charles Willmott.

“Health problems from food continue to be a particularly big problem,” said Menig in his announcement. “[A health problem] might have occurred way back with fecal matter in the field, or during the processing of the food.” Problems can, of course, also occur during the transport process, although it can be difficult to determine when or where exactly a food safety issue took place.

The North America Trailer Rental/Lease Company Survey was initially conducted last year, in which a dozen major trailer leasing and rental companies were asked about their predictions and expectations regarding up-and-coming trailer models and the new technologies that would be implemented onboard many of these vehicles.

Now, The Refrigerated Transport Study, which has just begun its surveying efforts, will likely wrap up in January of 2022 with a report to be released in February. In this new study, various additional surveys and interviews regarding refrigerated good transport will be conducted while transportation organizations will offer insight into the current reality of supply chains. According to Menig, other industry professionals may be joining in these survey efforts by conducting presentations or online webinars, as well.

In regards to food supplier accountability, Walmart has announced that it would be launching a program called the “Supplier Quality Excellence Program,” which will focus on supplier actions and order accuracy. The program’s fourth phase will look into the “handling and transportation” of food supply “so we know what they are doing is going to come and impact us,” Menig explained. These impacts will likely come in the form of changes related to packaging, load segregation, and pallets themselves.

In fact, the Food and Drug Administration is already working to set forth new additional traceability record-keeping regulations for those involved with the processing, packing, holding, or manufacturing of foods as part of its Food Traceability List. These requirements will be added to the already-existing regulations in place for inclusion on this list.

The FDA added that this potential regulation addition, deemed the “Requirements for Additional Traceability Records for Certain Foods” will play a major role in the New Era of Smarter Food Safety Blueprint within the FDA Food Safety Modernization Act.

For new technology being implemented into these trailers, around 65% of reefer trailers available at leasing and rental companies are already equipped with telematics capabilities, according to Menig. He added that by boosting refrigerated transport-focused conversations in the industry, “we will see more of a need for a willingness among [food transporters] to be the early adopters for technologies for smart trailers,” such as tire pressure management systems, electronic door locks, trailer location tracking devices, and remote cargo temperature monitoring capabilities.

Of course, “all of these things have implications for maintenance, too,” explained TMC’s technical director, Jack Legler. “It’s not only what the technology can do, but you have to be able to handle the data. The minimum for tractor-trailer communication 10 years from now is going to be 1,000 base T.”

1,000 Base T, or the IEEE 802.ab standard, is a Gigabit Ethernet standard for transmitting large amounts of information at once.

“It’s not simply going to be fixing a wire,” added Legler. “You will have to be a data diagnostician to go along with being a highly-skilled electrical technician. You will have to understand what the data is that is going through that wire you are repairing.”

In addition to these kinds of technology upgrades that will bring sweeping changes across the refrigerated transport sector, low-emission standards will affect these vehicles as well. For example, TRUs sold or operated in the state of California will be subject to zero-emission requirements by the end of 2029.

Upcoming Regulation Updates Discussed by Trucking Industry Experts

September 1, 2021 by Levinson and Stefani Leave a Comment

Motor carrier regulations are expected to see major changes regarding some of the more pressing issues within the industry that the Biden administration has prioritized–but with so many regulation updates in the works, it has been hard to tell when exactly we may see these shifts.

Legal experts discussed this topic at a recent conference hosted by Scopelitis, Garvin, Light, Hanson & Feary, P.C. This three-day Transportation Law Seminar took place on August 26th in Indianapolis, and many professionals throughout the trucking industry made sure to attend.

“If you look at the Unified Regulatory Agenda that the administration released in the spring–the official timeline for rule-making–it’s highly aspirational,” explained American Trucking Associations deputy general counsel, Richard Pianka, during one session of the conference. “Very rarely does anything happen on the timeline that the Unified Agenda suggests.”

For example, the Department of Transportation was expected to implement an updated oral fluid drug testing regulation by May of this year. This rule was one item that was highly-discussed during the conference and is one that has been focused upon by many federal trucking regulators, Pianka explained.

“We saw a pretty major development in 2019 when the Department of Health and Human Services updated the federal workplace drug testing program to include oral fluid drug testing,” he said.

For truck driver drug testing to regularly include oral fluid drug tests, the regulation already in place by the Department of Transportation would need to be changed to include the allowance of fluid testing in general, which, according to Pianka, may take place in the “not too distant future.” This kind of testing could be extremely helpful during accident-related drug tests, as oral fluid drug testing can only detect recent drug use in one’s system.

“Oral fluid drug testing is something we have been waiting on for a very long time, but has been moving at a very slow pace,” added Pianka.

Congress first brought into effect a mandate for a final federal rule regarding hair drug testing at the end of 2015–a mandate expected to be made final by early 2022. This kind of testing has been explained as an alternative to urinalysis drug testing; however, this potential final rule has received criticism by a variety of motor carriers.

This proposal, which has been deemed to be “highly problematic” by Pianka, would urge medical review officers to not solely utilize hair drug testing and to not immediately report findings showing a positive test result from a hair sample.

“What they do is run an alternative specimen, which would–right now–be urinalysis, and report the results of the alternative specimen,” Pianka explained, noting that this kind of testing would present more challenges than intended.

“What this creates is a false negative problem,” he continued. “This would make hair testing in the trucking industry pretty much useless.”

In addition to driver drug testing methods, industry experts at the conference discussed the Federal Motor Carrier Safety Administration’s ability to review the current hours-of-service regulations in place. This discussion comes as the Biden administration has been working to pass a bill requiring FMCSA to analyze the recent changes around this rule and the update’s overall effects on truck drivers and the industry itself.

“The fact that it was in the House bill is an indication that there is a constituency for revisiting the hours-of-service rules,” Pianka said. “It’s certainly a potential issue we’ll see on the horizon.”

Another regulation in the works could urge federal regulators to implement a new rule requiring all new commercial truck models to have automated emergency braking–a rule that would need to be issued within a two-year period.

“This has already been on the National Highway Traffic Safety Administration’s agenda for some time,” said Pianka. “So, we think this has a good chance of becoming law.”

Fleets and independent truckers may see a rise in the minimum insurance requirement, as well, according to Pianka. Additionally, a proposal to remove the current requirement for drivers to immediately report road violations will likely see a final rule in the near future.

“They thought it was redundant that drivers report their motor vehicle records,” explained general counsel for American Trucking associations, Jennifer Hall. “So, you’ll be getting that information from your own queries.”

Screening criteria is also in the works by the National Transportation Safety Board for drivers required to be tested for obstructive sleep apnea, Hall added.

“We anticipate that this could be an issue that we will see coming forward for regulation,” she said.

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.

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.”

Annual Roadcheck Event Takes 6,710 CMVs off North American Roadways

August 19, 2021 by Levinson and Stefani Leave a Comment

“Hours of service was the most cited driver out-of-service violation during this year’s International Roadcheck, accounting for 41.5% of all driver out-of-service violations,” said CVSA in a recent tweet, following the release of their latest annual Roadcheck numbers. “That’s 1,203 violations.”

During the annual International Roadcheck which took place between May 4th and May 6th, CVSA inspectors took 6,710 commercial motor vehicles off of North American roadways and 2,080 total drivers off of roadways, which came out to a 16.5% commercial vehicle out-of-service rate and a 5.3% driver out-of-service rate for the continent.

The annual International Roadcheck takes place across Mexico, Canada, and the United States through a CVSA program initiative, with collaboration from the Federal Motor Carrier Safety Administration, the National Guard, Transport Canada, the Canadian Council of Motor Transport Administrators, and Mexico’s Ministry of Communications and Transportation.

The three-day event was an inspection and enforcement effort of high-visibility and high-volume; this year’s event saw more than 40,000 commercial motor vehicle inspections be conducted. Of those, around 83.5% of all commercial vehicles did not have any out-of-service violations.

Still, the most highly-cited out-of-service violation for drivers was hours of service violations, making up 41.5% of all violations and totaling 1,203 citations. Along with hours of service, lighting was another major category in which inspectors accounted for violations. 14.1% of all violations were in this category, making it the third-most-cited violation for out-of-service vehicles and coming out to 1,367 of these particular violations.

Commercial motor vehicles and combination trucks, non-cargo tank HM/DG trucks and combinations, motor coaches and buses, and cargo tank hazardous materials and dangerous goods trucks and combinations were all inspected during the annual Roadcheck initiative by CVSA-certified inspectors. These professionals conducted these inspections throughout the United States, Canada, and Mexico at designated inspection stations, weigh stations, and other designated roadside locations.

“Inspectors performed 23,135 Level I Inspections and removed 5,048 vehicles (21.8%) and 1,200 (5.2%) drivers from roadways due to the discovery of critical vehicle or driver inspection item violations as identified in the CVSA North American Standard Out-of-service Criteria,” explained CVSA.

This kind of inspection–the North American Standard Level I Inspection–is a 37-step process and was the primary method of inspections conducted during the event. 2020’s Roadcheck event was delayed due to the pandemic and finally took place between September 9th and September 11th, finding an out-of-service rate for commercial vehicles of 20.9% throughout the continent. This was a considerable increase from 2019’s out-of-service rate, which came out to be 17.9%–a surprising boost in regards to to the lessened roadway traffic that came from the pandemic era.

Additionally, although overall miles driven dropped by 13% in 2020 with shelter-in-place orders active throughout North America, roadway fatalities rose by 24% in 2020 as compared to 2019, according to the National Safety Council’s figures in CVSA’s recent news release.

During 2020, the fourth-most-cited driver violation was the “failure to use a seat belt while operating a commercial motor vehicle,” which totaled more than 32,000 violations of this kind just in the United States, according to the Management Information System data released by the Federal Motor Carrier Safety Administration. During 2021’s Roadcheck event, only 773 seat belt usage violations were found throughout the entire continent, with 464 cited in the United States, 305 in Canada, and just four in Mexico.

In regards to the most commonly-cited violations found during the 2021 International Roadcheck event, the top five for commercial motor vehicle drivers were having the wrong class license (565 citations making up 19.5%), having false or inadequate logs (427 citations making up 14.7%), having a suspended license (132 citations making up 4.6%), hours-of-service violations (1,203 citations making up 41.5%), or other various violations (482 citations making up 16.6%).

For commercial motor vehicles themselves, the top five violations this year were issues with tires (1,804 citations making up 18.6%), lights (1,367 citations making up 14.1%), brake systems (2,564 citations making up 26.5% percent), brake adjustment capabilities (1,203 citations making up 12.4%), and cargo securement capabilities (1,192 citations making up 12.3%).