• Skip to main content

Levinson and Stefani Injury Lawyers

Client-first legal representation for injury victims. Injured? Free Consultation:

(312) 376-3812

  • Home
  • About Us
    • Attorneys
      • Ken Levinson
      • Jay Stefani
      • Vanessa A. Gebka
    • Practice Areas
      • Truck Crashes
      • Bus Collisions
      • Auto Accidents
      • Child Injuries
  • Firm News
  • Library
    • Articles
    • Cases
    • Law
    • Video
  • Blog
  • For Lawyers
    • Focus Groups
  • Free Case Review

trucking legislation

Safety Policymakers Aim to Pass Highway Bill for Safer Mobility Grid

May 14, 2021 by Levinson and Stefani Leave a Comment

Highway safety policies are coming to the forefront as Congress has assured that it will be prioritizing comprehensive highway legislation throughout 2021.

The latest research regarding roadway fatalities is concerning, according to Peter DeFazio, House Transportation and Infrastructure Chairman. DeFazio has made clear his commitment to the upgrading of overall passenger corridor and freight safety and has promised to pursue programs working to find these methods of improvement.

The reason–in 2019, the United States saw 36,096 fatalities in motor vehicle traffic crashes, according to the National Highway Traffic Safety Administration’s data. Although this number has indeed been on the decline, it hasn’t been declining nearly enough, DeFazio explained.

“Some may point to the fact that the rate of traffic fatalities per vehicle miles traveled has decreased during our lifetime and say we’ve done our job,” DeFazio said. “I say that’s unacceptable. To put it in context for you: In 1994, we lost 40,716 lives on our roadways; in 2019, we lost 36,096. I’d say we have a lot more work to do.”

The most frustrating fact, DeFazio noted, is that the majority of deaths occurring in these accidents should be perfectly avoidable.

“We still lose an average of 100 lives per day due to motor vehicle crashes,” he continued. “What’s worse, the majority of these crashes are entirely preventable. Year after year, the leading cause of car crashes is human behavior: excessive speed, drunk driving, and distraction.”

In order to boost road safety in as widespread a way as possible, many additional tools will need to come into play, added Del. Eleanor Holmes Norton, who currently serves on the Highways and Transit Subcommittee as its chairwoman.

“Targeting resources is necessary to ensure that we actually move the needle on traffic safety,” she explained.

Pete Buttigieg, the new U.S. Department of Transportation Secretary, has made it clear that the Biden administration will be focusing heavily on improving the safety of America’s roadways. Buttigieg has explained his intention to bring enhanced safety to both transportation workers and travelers alike.

“We must ensure all of our transportation systems–from aviation to public transit, to our railways, roads, ports, waterways, and pipelines–are managed sagely during this critical period, as we work to defeat the virus,” said Buttigieg in a recent statement to senators.

Additionally, a multi-year highway policy measure is expected to be discussed by the transportation panel during the first half of 2021. All methods of transit and the strategies pertaining to increasing their safety are likely to be a main focus for policymakers, who have also expressed their intention to bring about a “complete street” proposal, which would consist of enhancement strategies regarding pedestrian and cyclist safety. Leaders within Congress have also indicated their expectation for the approval of a highway law update to be implemented before the current law expires later in the year.

American Trucking Associations has expressed its support for safety-boosting regulations and updates, especially those that would directly help the trucking industry as a whole through training and resource investments–particularly regarding equipment and technology. A prioritization ATA hopes to see among lawmakers would be that of funding distributed to programs dedicated to helping alleviate the plethora of challenges the trucking industry has seen regarding parking ease and availability. When parking is scarce, truckers can often end up leaving their vehicles in risky areas or decide to continue driving, even when they may be overtired, ATA explained.

“ATA looks forward to working with the committee to develop a long-term, well-funded surface transportation reauthorization bill that addresses highway safety, maintenance, and mobility needs,” said the agency.

Additionally, stakeholders are in agreement with the desire for a heavy focus on roadway safety–including the National Safety Council, which mentioned the Road to Zero Coalition’s efforts to collaborate with other industry members and safety advocates to urge both Buttigieg and President Biden to push forward new policies that would aim to reach zero roadway fatalities–complete elimination–by 2050.

“We can no longer stand by while 100 people die every day on our roadways,” said CEO and president of the National Safety Council, Lorraine Martin, in a message to lawmakers.

Trucking Industry Anticipates Regulation Changes With New Administration

May 11, 2021 by Levinson and Stefani Leave a Comment

Trucking regulation changes may very well be underway with the new administration, and the industry is preparing itself as much as possible.

“When there is a change in administrations, it is standard to have a regulatory freeze so new agency staff have some time to review the issues at hand, and the review can delay or pause the regulatory process,” said American Trucking Associations’ vice president of safety policy, Daniel Horvath.

Even recently-implemented regulation updates may have big changes coming, so preparation in advance is key.

“These reviews can, on occasion, reach back to impact rules that have already been finalized, which can be a concern,” explained Horvath. “ATA will be closely watching final regulations like the hours-of-service rule, which became effective last September after a long data-driven process.”

Currently, a variety of proposals and recently-passed regulations from the Trump administration are in the midst of a two-month freeze instated by the Biden administration, and all regulations at hand could potentially see major changes.

For example, the new administration is reviewing proposals such as: the latest final rule and opinion letter released by the U.S. Department of Labor which sought better clarification regarding whether or not independent contractors should be reclassified as employees by motor carriers; a pilot project announced recently by the Federal Motor Carrier Safety Administration which would aim to conduct a study determining if sleeper berth splits of 6 and 4 hours or 5 and 5 hours are efficient or beneficial for truckers; decisions regarding FMCSA’s lack of direction regarding how to best ensure collaboration surrounding the Item Response Theory, a method that has been deemed particularly data-driven and precise that would work to boost driver and carrier safety evaluations; the U.S. Environmental Protection Agency’s plan to create a nation-wide rule regarding heavy-truck oxides of nitrogen, which has already been delayed for a while and has been waiting for the Biden administration’s guidance; and the decision of whether or not to continue FMCSA’s regulation mandating that brokers keep their pricing documents public.

Additional regulations which may see further review include: a mandate allowing truckers not meeting federal vision standards (of distant visual acuity, field of vision, or both) in at least one eye to be physically qualified to drive a commercial motor vehicle within interstate commerce; a final rule allowing for hair sample drug tests to be conducted by carriers on potential hires and current drivers; a rule change in regards to third-party skills tests, allowing an examiner to administer a skills test for a driver that he or she has also trained; and the decision of whether or not to undergo an updated study following FMCSA’s 15-year-old report which worked to determine all factors playing a role in large-truck-involved crashes that resulted in fatalities, injuries, or tow-aways.

In Transportation Secretary Pete Buttigieg’s confirmation hearing, he noted that President Biden has initiated a “new climate vision,” and it appears that environmental policy may see the greatest number of regulatory changes.


“Future generations are counting on us to deliver on our climate goals this decade, and infrastructure will play a key role in making that possible. It’s time to go big!” said Buttigieg in a tweet.

Buttigieg has also explained that he would be focusing heavily on current hours-of-service regulations and the ways in which they may affect all aspects of a trucker’s experience while on the job. He noted that he would be making new regulatory decisions in collaboration with Congress “based on the best available data and science.”

Scopelitis Transportation Consulting LLC president, Dave Osiecki, isn’t confident about the expected delays and changes to recent proposals.

“If history is a guide, the FMCSA-proposed pilot programs aimed at studying greater hours-of-service flexibility for drivers will be shelved,” he lamented.

Heavy-duty truck federal excise tax examination will be a priority of Buttigieg’s, who said that he would be taking speed limiters carefully into consideration and would be working to add side underguards to trailers. He also ensured he would focus on the challenges surrounding the current driver shortage, and would potentially seek ways to safely allow 18-to-20-year-olds to operate commercial motor vehicles within interstate commerce.

$100 Million Granted for Clean Transportation in New Jersey

May 9, 2021 by Levinson and Stefani Leave a Comment

New Jersey is shifting its focus to clean transportation efforts and the deployment of electric trucks, announced state Governor Phil Murphy recently. Around $100 million will be allocated to projects working to reduce the effects of climate change and improve overall air quality. This will work in tandem with New Jersey’s intention to reach state operation within 100% clean energy sources over the next 30 years.

“BIG NEWS: We just announced more than $100 million in clean, equitable transportation projects–helping us: improve air quality, reduce the effects of climate change, [and] move New Jersey towards 100% clean energy by 2050,” tweeted Governor Murphy.

$9 million of this budget will be invested directly into electric delivery truck and electric garbage truck deployment, and remaining funds will help air quality improvement-focused electrification projects within the state’s local governments.

“Climate change is the single greatest long-term threat currently facing humanity, and our state and economy are uniquely vulnerable to its devastating effects,” Murphy explained “The investments we are announcing today signify our commitment to environmental justice and equity, while building a cleaner economy that works for all.”

Ras Baraka, Mayor of Newark, supports these initiatives set forth by the governor and these investments which, he believes, will help the state find ways to create lasting changes and boost the overall health of the state.

“Transitioning our municipal fleet is one of many initiatives underway as we move Newark forward,” Baraka said of his city. “Each diesel truck we keep out of residential neighborhoods serves as a reminder to the broader truck-intensive industry of Newark’s commitments to accelerated climate action and environmental justice.”

From these funds, $36 million will be dedicated to electrifying ports–which includes the electrification of cargo-handling operations such as heavy- and medium-duty equipment within industrial and port facilities. Around $15 million will be directed toward helping the electrification of transit buses, and another $13 million will aid shuttles and school buses in becoming electric within moderate-to-low income areas.

Additionally, around $5 million will also help efforts to ensure ride-hailing services utilize electric vehicles as well as efforts to install charging stations within four cities and towns across New Jersey. Another $5 million will be allocated to the installation of charging capabilities at 27 different locations across the state.

Finally, “flex funding,” which will work as supplemental funding to these initiatives, will come from the remaining $15 million.

These funds were derived from the state’s collaboration with the Regional Greenhouse Gas Initiative, which is a multi-state effort among Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont, and Virginia. Funds also come from Volkswagen Environmental Mitigation Trust funds, which was initiated after the car manufacturer first installed defeat devices in some of its diesel vehicles in order to give fraudulent scores on emissions tests.

Governor Murphy has also implemented the Office of Climate Action and the Green Economy through recent executive orders, which will focus on climate change-related challenges and the benefits and potential of clean energy while also making an effort to create real change among issues such as environmental justice and equity. The office will be led by executive director Jane Cohen, who has served as a senior policy adviser regarding energy and the environment to the governor thus far.

“Addressing climate change requires bold and intentional government action,” said Cohen. “The Office of Climate Action and the Green Economy will lead this challenging work and bring a diverse mix of experts to the table so that New Jersey can seize on the opportunity to be a leader in environmental justice and the transition to an equitable clean energy economy.”

The New Jersey Council, will will be given oversight by the Office of Climate Action and the Green Economy, will be asked to deliver a report within one year of the Office’s implementation regarding the council’s recommendation for an economic development strategy–a plan that will work to support employees who have been displaced or laid off from their jobs as New Jersey makes it way into a cleaner economy, as well as rapidly increase the growth of overall “green jobs” throughout the state.

$899 Million in INFRA Grants Made Available by DOT

May 7, 2021 by Levinson and Stefani Leave a Comment

$889 million will become available through the Infrastructure For Rebuilding American grants, the U.S. Department of Transportation recently announced.

DOT has published its intention to find fiscal year 2021 applicants for the latest round of its discretionary grant program, which will work to fund certain transportation-related projects that are deemed significant and necessary either regionally or nationally. These funds are also meant to be allocated in such a way that would potentially create new jobs and boost economic development, as well as improve overall road and transportation safety.

“Infrastructure investment also provides opportunities for workers to find good-paying jobs with the choice to join a union, and supports American industry through the application of domestic preference requirements,” DOT explained in the Federal Register. “Projects that use project labor agreements and deploy local hiring provisions also contribute to economic vitality.”

Because government budgets have taken a hit at both the state and the local levels due to the coronavirus pandemic, DOT acknowledged that these grants will aim to help soothe those financial issues that many infrastructure projects faced throughout this difficult time.

“As we work to recover and emerge from this devastating pandemic stronger than before, now is the time to make lasting investments in our nation’s infrastructure,” explained Transportation Secretary Pete Buttigieg.

DOT will be focusing on funding INFRA projects–specifically, and for the first time–that are working to help issues regarding environmental justice and climate change. For selection, projects will be considered in regards to their overall strategies to fight climate change or their plans to support greenhouse gas emission-reduction efforts. Some of these plans may include the deployment of zero-emissions vehicle infrastructure or the implementation of a method for encouraging passenger vehicle travel reduction.

INFRA grants were first created within 2015’s Fixing America’s Surface Transportation Act. Previous grant offers include the $71.4 million grant given to the Mississippi Department of Transportation for the construction of its Greenville Bypass Freight Corridor. DOT said it continues to receive hundreds of INFRA applications every year.

Other funding considerations will focus upon INFRA projects with an emphasis on racial equity, such as projects outlining ways to benefit particularly underserved communities or projects with sponsors and participants who have worked within community outreach that prioritizes racial equity efforts. Additionally, if a project will take place in federally-designated community development zones (like an Opportunity Zone), DOT may take special interest. These Opportunity Zones are defined by the DOT as being “economically distressed” communities that have been designated as such by their state’s governor and also certified as such by the U.S. Secretary of the Treasury.

“The Department seeks to use the INFRA program to encourage racial equity in two areas: planning and policies related to racial equity and barriers to opportunity, and project investments that either proactively address racial equity and barriers to opportunity, including automobile dependence as a form of barrier, or redress prior inequities and barriers to opportunity,” the DOT said.

Finally, DOT is prioritizing projects implementing cost-effective financing methods or innovative technology.

“We are committed to not just rebuilding our crumbling infrastructure, but building back in a way that positions American communities for success in the future–creating good-paying jobs, boosting the economy, ensuring equity, and tackling our climate crisis,” said Buttigieg.

Performance and accountability are also key factors for the grant, as the DOT “seeks to increase project sponsor accountability and performance” and will analyze all applicants’ plans to determine the lifestyle costs of their projects and their abilities to allocate award funds properly in order to efficiently achieve their goals.

Both small and large projects can be eligible for the grant, which must be at least $5 million for a small project and $25 million for a large project–around 10% of available funding will be allocated for smaller projects. Additionally, DOT must give at least a quarter of INFRA funding to rural projects.

Within this latest Notice of Funding Opportunity, DOT revealed the new INFRA Extra initiative, which, through the Transportation Infrastructure Financing Innovation Act, will help qualifying, competitive applicants who have not yet received an INFRA obtain a loan to help complete their infrastructure projects.

The Notice of Funding Opportunity, according to DOT, will stay open until March 19th. Notices of upcoming webinars and answers to frequently asked questions in regards to INFRA program criteria will be posted on DOT’s Build America webpage.

Medical Examiner Qualifications Not Up To Par, DOT Audit Says

April 15, 2021 by Levinson and Stefani Leave a Comment

We recently reported on the dangers of sleep apnea in truck drivers and the lack of federal oversight regarding the testing and treatment of truckers who may have have obstructive sleep apnea–subsequently impacting their job performances.

Now, a new audit from the Department of Transportation Inspector General has discovered particular weaknesses regarding the federal monitoring of medical examiner qualifications–the examiners that determine whether or not a truck driver can properly and safely operate a commercial motor vehicle based on the driver’s physical qualifications.

“The Federal Motor Carrier Safety Administration’s ability to oversee whether drivers meet physical qualification standards to safely operate a commercial vehicle is limited because of a lengthy outage of the [Medical Examiners] National Registry and a resulting backlog of driver examination reports that were not entered into the Registry,” said the audit released by the Inspector General. “Furthermore, FMCSA has not fully implemented requirements for random periodic monitoring of medical examiners’ eligibility and performance.”

Additionally, “data-quality issues, including missing records,” along with other data accuracy holes and mistakes “limit the effectiveness of FMCSA’s oversight,” the audit continued, explaining that this weakness was a result of driver examination reports not being documented properly, leading to a seven-month registry outage beginning at the tail end of 2017.

“Because of the outage and technical issues in relaunching the National Registry, we estimate that approximately 780,000 driver examinations could be missing from the database,” said the document. “FMCSA is building a new National Registry, but it is unclear when it will be complete.”

To become certified in conducting examinations of truck drivers, physicians and other medical professionals have to begin the certification process by registering, and also must be already licensed in the state in which they will be performing examinations. Additionally, they must meet testing and training requirements.

“Our analysis of National Registry data indicated that 46% of its 70,208 records of certified medical examiners as of May 2019 had outdated medical license information,” said the audit. “Additionally, our analysis of two separate samples totaling 452 driver examinations from three state driver’s licensing agencies we visited found that 21% were not recorded in the National Registry.”

Currently, a Department of Transportation physical examination for a trucker is valid for up to two years, and a trucker may also be given a medical examiner’s certificate for less than the two-year period if the examiner aims to monitor a particular condition.

“Of critical importance, certified medical examiners must submit to the National Registry reports of the results of driver examinations they perform and the medical certificates they issue to qualified drivers,” continued the audit, which also indicated that FMCSA has yet to implement yearly eligibility audits following certification, although it has conducted these initial certification reviews in regards to the eligibility and certification qualifications of medical examiners.

“Without these oversight reviews, FMCSA may be missing fraud indicators or other risks that may require mitigation and has less assurance that drivers are physically qualified to safely operate a commercial vehicle,” said the document.

Over the last six and half years, 14 fraudulent medical certificate convictions have come from Office of Inspector general investigations, and the IG claims that finding and preventing medical certificate fraud is still a top priority.

For example, a Georgia medical examiner’s record falsifications caused more than 600 drivers to have to renew their medical certificates in August 2017. In January 2019, a scheme to enter fake driver examinations to the Registry resulted in an Alabama medical examiner being sentenced to more than three years in prison and fined $10,000, with two workers sentenced to a total of five years of probation for their participation in the scam. From that fraud, FMCSA required more than 2,100 drivers to renew their medical certificates, as well.

Some technical updates are set to be completed by the end of March, the agency assured, and all IG audit recommendations are estimated to be implemented by June 30th, 2023.

“A fully-functional National Registry is a priority under the FMCSA IT Modernization Plan,” said the agency, noting that its interim Registry system can only currently offer partial functionality. “FMCSA plans to award a contract to rebuild the National Registry in the second quarter of fiscal-year 2021.”

Transportation Aid in Biden’s Relief Plan Expected to Help Many Areas of the Industry

April 9, 2021 by Levinson and Stefani Leave a Comment

President Joe Biden’s administration is urging Congress to sign off on emergency aid package for transportation programs across the country–part of a $1.9 trillion pandemic relief package being proposed.

This economic assistance will help state and municipality supply chains, as well as commercial and passenger corridors, receive the assistance they need after taking some major financial hits throughout the 2020 COVID-19 pandemic.

Congressional schedules have already been packed during the first month of Biden’s presidency with events surrounding Donald Trump’s second impeachment trial, Biden’s Cabinet nominee considerations, and budgetary policy legislation. Therefore, Congress is still working to create a full-fledged schedule for Biden’s American Rescue Plan.

According to said plan, America’s overall public transit infrastructure is “critical for a robust and equitable economic recovery,” and Biden’s proposal suggests the allocation of $20 billion for connectivity boosts and upgrades for transit agencies.

“This relief will keep agencies from laying off transit workers and cutting the routes that essential workers rely on every day while making these transit systems more resilient and ensuring that communities of color maintain the access to opportunity that public transportation provides,” the plan explained.

$350 billion of the proposed funds would be allocated for the steady employment of public workers by state and local governments, $160 billion would go to a vaccination program for the entire country, $30 billion would go to rental assistance, and $25 billion would be allocated specifically to food assistance, emergency paid leave, and child care.

An additional $130 billion would be dedicated for school re-openings, as well as for bus access transportation capacity boosts. Individual households that have suffered financial hardship during this time would also receive $1,400 in direct payment assistance..

Further relief will also be set aside primarily for vital resources and provisions regarding climate change, as explained by Biden’s administration officials.

“It’s time to stop talking about infrastructure and finally start building it,” said President Biden. “Millions of good-paying jobs that put Americans to work rebuilding our roads, bridges, and ports to make them more climate-resilient, [will] make it faster, cheaper, and cleaner to transport American-made goods across our country around the world.”

Biden also noted that this kind of funding is particularly important to those who have had to take on full-time child care while simultaneously working from due to schools being shuttered for the time being.

“Imagine millions of jobs in our caregiving economy [working] to ease the financial burden of caring for young children and aging loved ones,” Biden continued. “Let’s make sure our caregivers–mostly women, women of color, and immigrants–have the pay and dignity they deserve.”

This economic relief package proposal has been fully and passionately supported by Democrats, who now maintain the Senate Majority.

“Our country is still suffering some of the highest rates in the entire world of infections, hospitalizations, and deaths from COVID-19,” explained Speaker Nancy Pelosi and Senate Majority Leader Chuck Schumer. “These proposals by the Biden-Harris administration will be critical to getting our country through this challenging period and toward a period of recovery. We echo the [president’s] call for bipartisan action on his proposal and hope that our Republican colleagues will work with us quickly to enact it.”

In agreement is the American Public Transportation Association, whose president and CEO, Paul Skoutelas made clear the benefits the economic aid package would have on the transportation sector.

“The proposed emergency transit funding included in the American Rescue Plan is vital to the industry’s survival and will help prevent massive labor cuts and drastic service reductions,” Skoutelas explained. “Public transportation has served an essential role during this pandemic and is an indispensable part of the social and economic recovery of our communities and our country.”

Senator Patrick Leahy, who will also serve as the chamber’s funding leader, reiterated Pelosi and Schumer’s sentiments, expressing his faith in the new president.

“I am relieved that we will finally have a partner in the White House who takes this unprecedented health and economic crisis seriously,” he said. “There are pressing needs that have been unaddressed for far too long as hundreds of thousands died, tens of millions were infected, and millions lost their jobs.”

  • « Go to Previous Page
  • Page 1
  • Interim pages omitted …
  • Page 9
  • Page 10
  • Page 11
  • Page 12
  • Page 13
  • Interim pages omitted …
  • Page 23
  • Go to Next Page »

Levinson and Stefani Injury Lawyers in Chicago / Attorney Advertising