Levinson and Stefani Injury Lawyers

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

(312) 376-3812

trucking legislation

Military Driver Pilot Program Specialties May be Expanded as Part of FAST Act

by Leave a Comment

The pilot program allowing drivers between the ages of 19 and 21 with a U.S. military equivalent of a commercial driver’s license to operate within interstate commerce may be granted expansion.

If the Federal Motor Carrier Safety Administration’s proposal is passed, these military occupational specialties outlined in the program would grow by an additional nine positions. According to the Federal Register’s October notice, this expansion would aim to bring more opportunities of entering the trucking industry to additional service members. Some of these other positions include field artillery cannoneers, combat engineers, and Patriot (advanced missile system) launching station operators.

So far, seven military occupational specialties have already been approved for the pilot program, such as fuelers, pavement and construction equipment operators, and motor transport operators.

“Each of these proposed additions requires drivers to complete classroom and road training prior to receiving the [military occupational specialty] designation, as well as ongoing training and routine recertification on heavy vehicle operations,” said the Federal Register in its document. “Military personnel in these [military occupational specialties] receive continuous training during their service period to maintain proficiency.”

The pilot was initially launched within the Fixing America’s Surface Transportation (FAST) Act, and stated that military equivalent-CDL-holding truckers between 18 and 20 years old who are sponsored by a trucking company could be granted the ability to operate trucks interstate. Federal law does not currently allow truckers under the age of 21 to driver Class 8 commercial motor vehicles between different states.

For each of the nine proposed additional specialties centering the pilot program, training requirements would be equal to those needed for the primary seven specialties originally allowed within the pilot program, according to the Federal Register. The addition of these nine specialities was recommended by both the Army and the Marine Corps, the document said. FMCSA also stated it did not previously understand that these additional classifications also required heavy vehicle training, so they were not initially included in the program.

“By increasing the [military occupational specialities], FMCSA anticipates there will be an additional 30,000 drivers between the ages of 18 and 21 who are eligible to participate in the Under 21 Military CDL Pilot Program,” said the Federal Register in its document.

The pilot program will have to collect and analyze crash-related data regarding the “covered drivers” taking part in the program under the FAST Act. It must also collect data on drivers under the age of 21 driving in intrastate commerce.

These “covered drivers” include those who are members and former members of the armed force, who are between 18 and 21 years old, and who meet qualifications to operate commercial motor vehicles within the military.

These pilot program extensions come as the trucking industry has faced higher demand than ever as more people are shopping online–and while more medical equipment and resources are needed–during the difficulties and stay-at-home orders that arrived with the pandemic. They also come as the industry faces a continued driver shortage–American Trucking Associations claimed the trucking industry was short 60,800 drivers in 2019 and estimated that the industry would be short more than 100,000 truckers within the next five years if major changes aren’t made.

Still, many safety advocates maintain that the answer to a driver shortage is not allowing younger, less experienced drivers to enter the industry, especially as hours-of-service regulations have also been granted further flexibility.

The Secretary of Transportation will be monitoring the pilot program and will be collaborating in evaluation efforts with other drivers, industry representatives, safety advocates, enforcement officials, and armed forces personnel.

In regards to the inclusion of more specialties within military occupations in the pilot program, the FMCSA is requesting public comment. For more information on the program and to submit a comment, click here.

FAST Act Officially Extended by One Year

by Leave a Comment

Following President Trump’s latest signing of a funding measure meant to avoid federal government shutdown, the FAST Act highway law–a bill regulating United States transportation operations–has been extended for another full year.

Within the stopgap appropriations law, which is set to fund the government through mid-December, is a year-long extension of FAST Act, which was originally expiring on September 30th of this year.

The extension brings further temporary funding for transit and highway programs, as well as more time to implement a new highway policy bill, according to transportation policymakers. These lawmakers also claimed they ended up running out of time to properly reauthorize the FAST Act as planned.

“A full one-year extension of highway funding provides states and communities the certainty required to plan for critical road and bridge projects,” said chairman of the committee on highways, Senator John Barrasso. 

Barrasso’s committee has a bipartisan plan to update the FAST Act in a timely manner, but republican leaders never took the plan to the Senate floor.

“The extension will give Congress more time to finish a long-term, bipartisan highway bill to rebuild our roads and bridges,” Barrasso explained.

House Democrats spearheaded efforts to pass a more-than-$1 trillion infrastructure package over the summer–a package that included a FAST Act reauthorization plan. The House-passed legislation was not considered by Senate Republicans, although the Senate highway proposals and the House both failed to propose any long-term solutions for the issues arising within the Highway Trust Fund.

The federal highway account uses fuel tax revenue to fund country-wide surface transportation systems, although the current diesel tax of 24.4 cents-per-gallon and the gas tax of 18.4 cents-per-gallon were set 27 years ago.

“With this one-year extension in place, we can continue [working] on a long-term, transformational bill that significantly boosts investment in our surface transportation network and moves our transportation systems into the 21st century,” said House transportation panel chairman, Rep. Peter DeFazio.

President Trump requested support from congress in regards to Barrasso’s highway measure in his State of the Union Address, but the White House has yet to release any comprehensive infrastructure policy plan after opposing the House’s bill proposal.

Additionally, Congress received further pressure to agree on a new highway bill before the September 30th authorization deadline by state agencies, transit operators, freight firms, unions, and members of the construction sector. Stakeholders also endorsed fuel tax increases as a method of bringing in new highway program funding.

“We look forward to working with Congress and committee staff on a reauthorization that will address the challenges facing surface transportation, including the need for a long-term fix for the Highway Trust Fund,” said American Association of State Highway and Transportation Officials executive director, Jim Tymon.

Laborers’ International Union of North America general president, Terry O’Sullivan, agreed, saying: “The [FAST Act] extension provides some stability for states to continue important transportation infrastructure projects for another year, but unfortunately falls short of the long-term reauthorization that we had hoped for.”

COVID-related emergency assistance has also been a big ask of Congress by important transportation network sector members, with state agencies, transit operators, and airlines requesting multi-billion dollar aid packages. The House has been contemplating a pandemic aid measure of $2 trillion, as compared to the $3 trillion bill passed in the first pandemic relief package. So far, the Senate has not backed the effort.

“[Treasury] Secretary [Steve] Mnuchin and I had an extensive conversation, and we found areas where we are seeking further clarification” said Speaker Nancy Pelosi. “Our conversations will continue.”

The Democrats’ plan has been heavily criticized by Mitch McConnell, Senate Majority Leader, as other Senate Republicans are looking for COVID relief aid for the sake of school re-openings, small business relief, and aid for health care providers.

“Speaker Pelosi’s latest offering still does not include a single cent of new money for the [Small Business Administration’s] Paycheck Protection Program, to help small businesses that are going under,” said McConnell. “It does nothing to help schools, universities, doctors, nurses, or employers avoid frivolous lawsuits.”

Deadline Extended for Chinese Tech Purge

by Leave a Comment

We recently reported the rush for carriers to meet the August 13th deadline to purge all telecommunications equipment manufactured by five particular chinese companies. Luckily, that rush was made slightly less stressful by the Director of National Intelligence’s extension of the deadline to September 30th.

Originally, American Trucking Associations and a coalition led by the U.S. Chamber of Commerce brought anxious attention to the provision nearly hidden within the Defense Authorization Act that required federal government contractors to locate and rid their companies of prohibited Chinese-made equipment components.

These companies were believed to be U.S. intelligence and defense agency information systems hackers, and include Huawei, ZTE Corp., Hytera, Hikvision, and Dahua Technology. The requirement also included any affiliate of these companies, and industry experts said it could be immensely difficult for companies to locate these technologies within a complex modern system.

“Section 889 [of the law] seeks to prevent certain Chinese technology companies from accessing sensitive and classified information by tapping into devices they designed,” said ATA’s Government Freight Conference executive director, Bill Wanamaker. “All federal contractors, including all modes of freight carriers, have electronic systems that facilitate business processes and operate their equipment.”

The extension waiver was granted following a request given by Ellen Lord, undersecretary for acquisition and sustainment for the Department of Defense. Lord said it would be in the country’s national security’s best interest to extend the deadline.

“I am granting a temporary waiver under section 889(d)(2) until 20 September 2020 to allow the Department of Defense to continue its contracting activities that would otherwise be prohibited under section 889(a)(l)(B) and to provide additional information to the Office of the Director of National Intelligence to further assess your waiver request,” said Director of National Intelligence, John Ratcliffe, in a memo to Lord.

The U.S. Chamber of Commerce, ATA, and many other trade organizations have for months been working on a campaign to convince congressional staff to extend that compliance date by one full year.

According to an ATA Government Freight Conference analysis, freight logistics services typically use a variety of information technology systems–especially within the trucking industry.

“This corporate IT inventory is used to order freight, schedule service, provide in-transit visibility to customers, provide proof of delivery, invoice shippers, support electronic shipping documents, and pay by third-party payment systems,” said ATA in its analysis. “Motor carriers also typically use office computers, networks, internet service providers, routers, portable computers and scanners, cell phones, security systems, and video monitoring of terminals and warehouses.”

If a truck is more modern, there are more safety-focused and equipment-managing IT systems onboard, according to the analysis.

“Cameras are used for 360-degree video recording around the truck, and to replace rearview mirrors,” ATA continued. “Electronic monitoring of engines, transmissions, braking systems, tire pressure, speed, sudden braking, driver fatigue–all these things are a part of modern commercial motor vehicles. Commercial motor vehicle maintenance shops use sophisticated diagnostics to service trucks.”

Currently, the law urges federal contractors in all sectors to make their determination on compliance with this requirement by the end of September. If they fail to determine if any of the banned components are present within their systems and remove them, they risk being considered noncompliant and a potential debarment as a contractor.

“The thought that somebody six or seven levels down the supply chain could have on camera in a parking lot that invalidated one of our [contractors] being able to do business with us is cause for a bit of concern,” said Lord. “We are very, very supportive of it, but I do believe we need to extend it in terms of the time for compliance so that we don’t have unintended consequences.”

Other industry members oppose the prohibition of these components entirely, as stated in a letter cosigned by the Chamber, the Motor & Equipment Manufacturers Association, and the Alliance for Automotive Innovation, among others.

“If strictly enforced, the prohibition will effectively preclude the government from contracting with a company that has global supply chain or does business in overseas locations largely serviced by Chinese telecom networks, which includes major U.S. defense contractors,” said a document written by a Chamber coalition partner, the Aerospace Industries Association. “To implement this prohibition as currently drafted, contractors would be required to identify and remove any prohibited equipment or services that are present in their operations–including everything from the facilities they lease, to the networks they use.”

DOT Announces Strategic Plan to Boost Country’s Freight System

by Leave a Comment

The comprehensive National Freight Strategic Plan was released by the U.S. Department of Transportation earlier this month, a plan which will aim to give clear guidance regarding how to create safety and resilience improvements within the country’s freight system.

“Every day, America’s transportation network moves more than 51 million tons of freight and energy products valued at nearly $52 billion via highways, railways, ports, and inland waterways, pipelines, and airports,” said the DOT in a statement. “The growth in freight demand due to increasing use of e-commerce and local supply chains in recent years has strained our freight system, and could threaten the competitive advantage of American businesses.”

This plan, deemed necessary by the Fixing America’s Surface Transportation Act, will work to guide infrastructure planning and freight movement efficiency improvements. It will also boost freight system safety, infrastructure developments, and data and technology capability support. 

Transportation Secretary Elaine Chao explained that freight system investment will help the country’s competitive strength in agriculture and manufacturing industries, and that economic competitiveness boosts will align with a strong infrastructure network.

“This system helps drive economic growth and touches the lives of every American,” she said. “This plan establishes a clear vision for the future of our nation’s transportation system.”

The plan addresses current areas for improvement and opportunity in relation to overall freight movement, including the challenge of e-commerce, which has brought upticks in truck traffic and curb space jams. For shipments moving 750 miles or fewer, trucks are the main method of transportation.

Online shopping habits have also risen exponentially, and, according to the plan, delivery demand in areas with high numbers of traffic and congestion has been a large obstacle. E-commerce sales jumped by 16.7% between 2018 and 2019’s fourth quarters according to Census Bureau data, and the trend has continued as coronavirus shelter-in-lace mandates have caused more people to order online in lieu of in-store shopping.

“The rise of e-commerce has disrupted our supply chains and increased demand for last-mile deliveries in areas that are already heavily congested,” said Chao. “This National Freight Strategic Plan will help us invest strategically in our country’s future and turn these challenges into opportunities.”

The plan also points to technology capabilities, as transportation experts have been looking to innovative driver assistance tech and automated systems to progress the industry to new levels.

Nicole Nason, Federal Highway Administrator, said electronic routing systems, port automation systems, and weigh-in motion sensors will play a huge part in the future of trucking.

“Freight movement is often intermodal,” she said. “Even if airports, seaports, or railroads are involved, trucks are still needed to move those products to their final destinations.”

Pandemic-caused travel obstacles will be just as much a factor in trucking as e-commerce changes, according DOT undersecretary for transportation policy, Joel Szabat. Federal Motor Carrier Safety Administration deputy administrator, Wiley Deck, agreed.

“Focused attention on the freight system is especially urgent in light of supply chain challenges caused by the recent pandemic,” Deck said. “To continue moving forward, we need a holistic plan for our freight system.” The National Freight Strategic Plan is that exact plan, he explained.

This plan also addresses traffic congestion increases with the identification of bottlenecks caused by weight-restricted bridges, road geometries, and other structural conditions. According to the American Transportation Research Institute, the trucking industry as a whole loses around $74.5 billion sitting in traffic every year.

Szabat also noted that the DOT worked with 13 separate events to gain input regarding the new plan, and said DOT received 82 comments from industry experts on the matter.

“We look forward to continuing to work with you all as we strive to improve the safety and efficiency of our nation’s multimodal freight systems,” he said, explaining that DOT will use the plan to create a framework for multimodal partnerships and to guide national policy.

The plan “recognizes the promise of technological solutions to safety [and] environmental and mobility concerns while acknowledging the need to make significant investments to modernize our nation’s transportation infrastructure,” said Darrin Roth, Vice President of Highway Policy for ATA. Roth believes the plan will present feasible solutions to any challenges freight transportation workers may face.

Pilot Program Aims to Bring 18- to 20-Year-Old Drivers to Interstate Commerce

by Leave a Comment

The Federal Motor Carrier Safety Administration announced its intent to allow young drivers between the ages of 18 and 20 to operate commercial motor vehicles through a new pilot program.

As of early September, FMCSA will push for drivers in this age group with commercial driver licenses to be able to operate CMVs in interstate commerce efforts. Those drivers would, however, be subject to a 120-hour probationary period and 280-hour apprenticeship period.

Eligible drivers also include those of 19 or 20 years of age who have operated commercial motor vehicles within intrastate commerce for at least one year over 25,000 miles.

“The study group drivers would not be allowed to operate vehicles hauling passengers, hazardous materials, or special configuration vehicles,” FMCSA clarified in its announcement.

Study group participants will have their vehicles set up to include driver-assisting technology, such as speed limiters set at 65 miles per hour, active braking collision-mitigation systems, and forward-facing video capture capabilities.

“This action will allow the agency to carefully examine the safety, feasibility, and possible economic benefits of allowing 18- to 20-year-old drivers to operate in interstate commerce,” said Wiley Deck, Deputy Administrator for FMCSA. “Safety is always FMCSA’s top priority, so we encourage drivers, motor carriers, and interested citizens to review this proposed new pilot program and share their thoughts and opinions.”

This particular program aligns with the efforts of the DRIVE Safe Act, which worked to allow younger truckers to enter interstate commerce. American Trucking Associations and other industry groups have backed the legislation, which is also currently sponsored by 144 congresspeople and 34 senators.

“This is a significant step toward improving safety on our nation’s roads, setting a standard for these drivers that is well beyond what 49 states currently require,” said ATA President Chris Spear. “This is an amazing block of talent with unlimited potential.”

These 49 states allow CDL holders in this young age group to operate CMVs within state borders, and the new proposed pilot follows the 2018 announcement of the Military Commercial Driver Pilot Program, which would allow 18- to 20-year-old drivers with a military background to drive CMVs within interstate commerce. The pilot also comes after 2019’s notice by the Federal Register seeking public commentary regarding where and how a young driver pilot program could take place, including comments about training, limitations, operational requirements, insurance, research, and vehicle safety systems.

“As an industry, we need to find new ways to connect with potential new drivers,” said Randy Guillot, Chairman of ATA and president of Triple G Express and Southeastern Motor Freight. “By providing young people the opportunity to fully participate in the financially-rewarding and dynamic world of trucking, we will be in a better position to bring in a new generation of valuable talent to our industry.”

This month’s notice also requests public comment for a period of 60 days, and also approaches the 1,118 comments from 2019’s notice, which includes a nearly 50/50 split between those favoring and opposing the pilot program. More than 95 organizations and 1,000 total people commented.

Of these, 750 commenters submitted personal opinions, while the remaining pushed for a program focusing on shorthaul drivers instead. Those opposing the program included organizations such as Advocates for Highway and Auto Safety, Citizens for Reliable and Safe Highways, Governors Highway Safety Association, Insurance Institute of Highway Safety, Owner-Operator Independent Drivers Association, Parents Against Tired Truckers, Trucking Alliance, and other private carriers and citizens.

Supporters of the program include ATA, Commercial Vehicle Training Association, DriverReach, National Propane Gas Association, National Interstate Insurance, National Association of Publicly Funded Truck Driving Schools, National Retail Federation, and Towing and Recovery Association of America.

The announcement for this pilot program comes as the country has long-faced a driver shortage, which worsened with the high demand brought on by the coronavirus pandemic. Although the program’s supporters promise a focus on highway safety for these young drivers, it is difficult to ignore the fact that the trucking world just wants more drivers entering the industry, regardless of age or experience. Does allowing truckers still in their teen years to begin operating in interstate commerce bring more safety to trucking as a whole, or does it just allow more trucks to hit the road?

FMCSA Requests Comments Regarding Potential Driving Window Pause Pilot

by Leave a Comment

The Federal Motor Carrier Safety Administration is proposing a program relaxing hours-of-service rules that mandate drivers of property-carrying commercial motor vehicles complete their driving within a 14-hour window.

The Split Duty Period Pilot Program, as it’s been named, will allow drivers to pause their driving time with an off-duty period of between 30 minutes and three hours–as long as the driver takes 10 total consecutive hours off-duty after his or her work shift.

On August 28th, the agency announced its request for public comment regarding the pilot.

“Truckers are American heroes–they keep our supply chain moving; they carry essential goods we need to maintain our daily lives,” said Elaine L. Chao, U.S. Transportation Secretary. “The Department is seeking public comments on providing additional flexibility for truckers as they work to service our country during this public health crisis.”

Pilot program participation will be granted to a limited number of commercial drivers. FMCSA said the study group for the pilot program will include small, medium, and large carrier commercial carriers as well as independent owner-operators. To qualify, motor carriers need to meet criteria regarding crash rates, and cannot have a rate exceeding the national average. Carriers must also adhere to pilot program regulations and procedures, allow researchers to implement a video-based monitoring system onboard their trucks, and also allow them to obtain records-of-duty status information for all participating drivers.

FMCSA is planning to study a sample of between 200 and 400 drivers for the pilot program, which it estimates will operate for three years at most. All data gathered will be used to analyze the safety of an hours-of-service change such as this.

“FMCSA wants to hear directly from drivers about the possibility and safety of an hours-of-service pause pilot program,” said Jim Mullen, acting Administrator for FMCSA. “The agency remains committed to exploring ways to improve safety on our roadways, while increasing flexibility for truckers. We encourage drivers, motor carriers, and interested citizens to review the proposed pilot program and provide substantive public comments for FMCSA to review.”

This program announcement comes just a month before widely-discussed hours-of-service regulations go into effect on September 29th, and only days before Mullen leaves his post with the agency at the end of August. Upon his stepping down, senior policy adviser at DOT’s Office of the Secretary, Wiley Deck, will take on the deputy administrator role.

“In our comments on the recently revised hours-of-service rules, we called for a pilot program to study the impacts this type of change would have on highway safety and our industry, said spokesman for American Trucking Associations, Sean McNally. “We are pleased to see that FMCSA has taken our suggestion, and we will work with the agency to ensure this program yields meaningful data that can be used for future rulemakings.”

FMCSA’s final hours-of-service modification notice was issued May 14th, and originally said nothing regarding the 14-hour driving window rule.

The final rule did, however depict four changes meant to boost regulation flexibility, such as relaxation of the 30-minute rest break rule, which required a trucker to take a break after every eight hours of consecutive driving. The change allows a driver’s mandatory break requirement to be met by using an “on-duty, not driving” status instead of an “off-duty” status.

The final revision also changes the split sleeper berth regulation to allow drivers the ability to choose to split their necessary 10 hour off-duty time into two periods–an 8 hour/2 hour split or a 7-hour/3-hour split. Neither choice of hour division would have counted against a 14-hour window mandate.

Additionally, the rule changes modify the adverse driving conditions exception, so that the maximum driving window permitted can be extended by two additional hours during challenging weather or driving conditions. It also allows for the lengthening of a driver’s maximum on-duty period from 12 to 14 total hours, and extends a driver’s operating distance limit from 100 air miles to 150 air miles.

“OOIDA commends DOT and FMCSA for proposing the Split Duty Period Pilot Program,” said executive vice president of the Owner-Operator Independent Drivers Association, Lewie Pugh. “While we advocated that the final hours-of-service rule should have included the split duty provision, we think the pilot program can provide substantive data to permanently give drivers more control over their daily schedules.”