trucking legislation

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.

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.

$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.