trucking legislation

CDL Regulation Waiver Expanded Due to COVID-19

June 16, 2020 by Levinson and Stefani Leave a Comment

Recently, we reported on the Federal Motor Carrier Safety Administration’s relaxation of regulations regarding commercial driver license learner’s permit holders, which came as a response to a driver shortage during the high demand of shipments during the coronavirus pandemic.

Now, this emergency declaration has been expanded to allow commercial driver license skills tests to be conducted with in-cab camera systems, cellphones, and online testing instead of an examiner being physically present with an applicant.

The FMCSA explained that while the country adheres to social distancing rules and guidelines, states can also continue to allow supplies and equipment needed during this time to be shipped without interruption while also bringing new drivers into the industry by utilizing technology. In its announcement, the FMCSA said cameras, cellphones, and bluetooth are now able to be used in CDL skills testing in order to allow examiners “to not be physically present in the cab of the vehicle with the driver applicant while conducting the on-road test segment.”

The FMCSA also said states could use other methods of safe testing, such as having two employees in a spacious follow vehicle–allowing them to sit six feet apart–with one driving and one observing the applicant during his or her skills test. Additionally, one employee could drive a follow vehicle while a camera records the applicant, allowing the test to be viewed after the examiner has stopped driving.

Still, any state that plans to move forward with socially distancing skills examinations must submit a detailed plan explaining how the test conducted via technology will be equivalent to test standards by the American Association of Motor Vehicle Administrators.

“The plan should detail how the state intended to administer the test without compromising safety, observe the skills test from a second vehicle, leverage technology and score the road test, along with any other information the state believes will help the FMCSA determine whether the test administration is comparable to the AAMVA model,” said the agency.

FMCSA said it will consider keeping these amendments in place until the end of June.

“State driver licensing agencies must administer tests using a test examiner information manual that FMCSA determines is comparable to AAMVA’s 2005 CDL Test System Model CDL Manual,” the agency explained.

The original steps taken for commercial driver’s license regulatory relief during the COVID-19 crisis were made effective on March 28th and set to expire June 30th, or until the Trump Administration revokes its declaration of national emergency. These new relaxed regulations included allowing drivers with expired CDLs to continue operating commercial motor vehicles, allowing employers to make up for missed random drug and alcohol testing later in the year, and–perhaps the most surprising change–allowing drivers with commercial driver’s learner’s permits to operate CMVs without any observers.

With this amendment, the agency temporarily waived all requirements that a learner’s permit holder must be accompanied by a CDL holder observing from the front seat of a vehicle while the CLP holder operates the commercial vehicle.

The waiver also originally allowed State Driver Licensing Agencies to administer driving skills tests for out-of-state CDL applicants–regardless of where the learner’s permit holders were trained.

In addition to these changes, the FMCSA has also: waived requirements for CDLs due for renewal on or after March 1st, as well as for CLPs due for renewal, without requiring CLP holders to retake the general and endorsement knowledge tests; waived the 14-day-requirement for CLP holders to wait to take the CDL skills test; waived requirements regarding new medical examination and certification for CDL and CLP holders (as well as non-CDL drivers), as long as they have proof of a medical certification issued for at least 90 days that expired on or after March 1st; and waived requirements that CDL or CLP holders must provide SDLAs with a copy of a medical examiner’s certificate to maintain their medical certification status of “certified,” as long as they have proof of a valid medical certification that expired on or before March 1st.

Additionally, while motor carriers were previously required to select and test CDL holders at a 50% rate for drug testing and a 10% rate for alcohol testing this year, FMCSA will also allow some adjustments and delays for these mandatory random drug tests during this time.

Trucking Industry Partners Find New Ways to Show Support

June 11, 2020 by Levinson and Stefani Leave a Comment

As trucking companies work to stay safe and efficient during the outbreak of COVID-19, they are receiving more and more support from their business partners in the process. These partners are working to offer free and discounted services to trucking carriers and manufacturers and to help employees across the trucking industry stay easily informed on all safety-related information available regarding the pandemic.

For example, TruckStop.com is currently offering trucking companies and freight brokerages free and premium services through its digital freight marketplace. The website also plans to give many of its partners free and discounted resources that will total over $10 million in value.

“Like everyone else, we’ve seen and felt that this is an unprecedented time in our life and certainly in the industry,” said Bill Vitti, TruckStop.com Chief Commercial Officer. “We also felt compelled to do something because we know that the owner-operators and drivers are putting themselves in harm’s way, and they’re literally driving to the front line.”

TruckStop.com is also providing a month of free premium service to the first 10,000 non-customer carriers and brokers who sign up. Additionally, those who are already customers will get a free month of subscription to FreightWaves SONAR, a freight market analytics tool.

“Same with FTR Transportation Intelligence,” said Vitti. “They offered two months free of their subscription, which looks at the pulse of the industry–both rates and forecasting. ATBS [an owner-operator tax and accounting firm] has offered payroll protection and loan-application services for small businesses. You can think about the demand for that today from a broker and carrier perspective.”

Additionally, fleet-representing insurance brokers at Hub International Ltd. have been working to bring truckers the critical information they need to stay safe during this time.

“We have been providing education to our clients,” said Hub International’s vice president of fleet risk services, Steve Bojan. “We have created a COVID-19 resource center for all of our clients. We’ve had a couple of webinars on the subject. We have put out materials that included a risk bulletin on driver safety.”

Trucking companies have been implementing these materials by distributing them efficiently to drivers and other staff through emails and bulletins. According to Bojan, many companies are working to find easier and more consistent communication with drivers during this time as well.

“The biggest thing is this creation of awareness at the tactical level so that drivers have a better idea of what do do,” said Bojan. “They’re kind of isolated, and one of the other things we’re beginning to talk about right now is “How do we stay in better contact with drivers?’”

Transportation intelligence platform and video-centric safety program, SmartDrive Systems Inc., also began recognizing truck drivers on the front lines of COVID-19 by launching its Everyday Heroes in Transportation program in order to recognize hard-working drivers, fleet managers, and dispatchers.

“During these trying and unprecedented times, professionals across industries are stepping up,” said Steve Mitgang, SmartDrive CEO. “As a small token of our continued appreciation for truck drivers, SmartDrive is recognizing the valiant efforts and sacrifices made through our Everyday Heroes in Transportation program.”

Fleets can nominate employees meeting the program criteria by telling the story of that worker to SmartDrive, which will choose weekly winners and offer them $100 gift cards.

“It’s great to read each of [the stories] and see that the commonality between all [of them] was drivers’ selflessness and attitude toward getting the job done,” said Mitgang. “Even with deliveries outside their normal routes to COVID-19 hotspots or potential exposure to the virus, we are seeing–and reading–about how drivers are taking every extra precaution to stay healthy while delivering these vital goods.”

While these comapnies are offering recognition, education, and free services to workers throughout the trucking industry, even more trucking partners are offering their support in other ways.

The American Trucking Associations recently reached out to law enforcement organizations across the country to reiterate truck drivers’ status as a critical workforce, the large role they play regarding the nation’s economy and wellbeing, and the importance this status holds for both the industry and law enforcement across America.

In response, the national Fraternal Order of Police, an organization representing 350,000 police officers throughout the country, sent a letter to President Trump reinforcing that “truck drivers, truck stop and rest area workers, maintenance and repair technicians, dispatchers, towing/recovery and roadside assistance workers, warehouse workers, and intermodal transportation personnel [should] be considered essential critical infrastructure workers for the duration of the Coronavirus 2019 [COVID-19] pandemic.”

State DOTs Request Relief Funding as Transportation Revenue Faces Major Losses

June 4, 2020 by Levinson and Stefani Leave a Comment

As we continue to see the coronavirus pandemic’s impact across the country, many state departments of transportation have begun reporting losses of revenue while more Americans adhere to stay-at-home orders.

In an effort to fight these losses, the American Association of State Highway and Transportation Officials (AASHTO) asked Congress to provide $50 billion in emergency relief, as well as a six-year, $800 billion surface transportation reauthorization bill, earlier this month.

This revenue request will aim to avoid any disruptions in state DOTs’ operations, and will also work to keep transportation systems operating as usual during COVID-19.

Transportation analytics group Inrix Inc. has recently released data showing that overall personal travel across the country dropped by 20% during the week of March 14th, and 42% by March 21st.

“That’s going to directly translate into a lot fewer gas tax dollars for states–and sometimes for local governments, too–to repair and expand their infrastructure networks with,” said Institute on Taxation and Economic Policy research director, Carl Davis. “This is all happening so fast. We don’t have a lot of hard data yet, but the early indications are already clear, and it’s going to be ugly.”

Inrix’s data also indicated that truck travel has had large drops as well, with figures showing long-haul truck traveling down 20% in the week ending March 27th, and commercial travel down 16% in the same week

“We expect it has to do with retailers [that] still need their inventory, [and] pharmacies [that] still need medicine,” said senior policy analyst at the Tax Foundation, Ulrik Boesen.

Toll revenue will also see major losses with fewer drivers out on the road–according to Boesen, there is currently little incentive for people to pay for express lanes with so many fewer vehicles sharing the highway.

“It’s almost hard to imagine an area of state and local tax that isn’t getting pummeled right now by what’s happening in the economy,” said Davis. “All these revenue sources are going to be dropping, and dropping very sharply.”

Right now, state DOTs are estimated to lose around 30% of their transportation revenues over the next 18 months. AASHTO’s $50 billion request is based on the revenue collecting methods of state DOTs, which, according to 2018 numbers, included 43% in highway user fees and tools, ($78.4 billion), 23% in federal grants ($42 billion), 18% in other state funding ($33.6 billion), 13% in bond issuance (23.8 billion), and 3% in local governments’ payments ($4.7 billion). With a total of around $112 billion in state DOT revenue, a 30% reduction would mean falling short by almost $50 billion.

“AASHTO is very concerned about the situation, and we see a phase 4 stimulus as a way of helping to provide immediate funding to prevent major cuts in the near-term for projects across the country,” said Tony Dorsey, AASHTO spokesman. “Our big concern is that if we don’t get this immediate backstop, as we’re calling it, we’re going to see possible project delays and a ripple effect throughout the entire economy.”

In addition to the $50 billion in emergency relief funds, AASHTO requested a six-year, $800 billion surface transportation reauthorization bill, which would work to eradicate the current investment backlog by 2030–while supporting overall economic recovery. AASHTO cites a $786 billion backlog in highway needs and a $116 billion backlog in transit needs under the US DOT Conditions and Performance Report.

Approval of these efforts will eliminate the longstanding backlog while addressing current condition and performance needs, which would support long-term economic growth–although the request calls for double the amount of federal funding within the FAST Act.

America’s road and bridge needs are also currently underfunded, with a $836 billion backlog of highway and bridge capital needs. Of the backlog, $420 billion is in repairing present highways, $123 billion is in bridge repair, $167 billion is in system expansion, and $126 is in system enhancement. Transit systems have also been extremely underfunded, bringing a $90 billion backlog in their rehabilitations. These numbers are likely to worsen as the pandemic continues.

On March 27th, President Trump signed the Congress-approved stimulus of $2.2 trillion. Now, lawmakers are working to decide upon the next phase of their COVID-19 response legislation.

Elaine Chao Details DOT’s Methods of Helping Truckers During COVID-19 Crisis

May 29, 2020 by Levinson and Stefani Leave a Comment

Transportation Secretary Elaine Chao says she is planning to amp up the Department of Transportation’s efforts in supporting truckers throughout the country during this pandemic.

According to Chao, the federal government will soon begin working on new methods of improving national infrastructure, possibly by using funds from the COVID-19 relief package of $2.2 trillion. Chao also emphasized the importance of recognizing the efforts of truckers who are working harder than ever to meet the demands of this challenging time.

“I don’t think many Americans think about the supply chain much during ordinary times,” she said, “But now that phrase–the supply chain–is being talked about everywhere. So many more people now understand that it’s due to truckers and trucking companies that food shelves in a supermarket get stocked, or that gasoline stations are able to sell gasoline.”

So far, the DOT has temporarily waived of the hours-of-service requirements that were amended in mid-March by the Federal Motor Carrier Safety Administration, provided temporary enforcement discretion for drivers transporting hazardous cargo (such as lithium batteries and gasoline, and highly-sought-after goods like hand sanitizers), and has given hazmat drivers a 90-day relief period from taking hazardous material refresher courses that are typically required every three years.

Chao said the reasoning behind these decisions is that efficient delivery of these materials, as well as household goods, food, water, and medical supplies, is especially important right now.

“All these products don’t appear by magic,” she explained. “We are able to live and take care of our families during this very special time because of the hard work of truckers throughout the country.”

The FMCSA has also granted certain exceptions until at least June 30th for some expired commercial driver licenses and learner’s permit medical certifications, and has also restructured current guidance around drug and alcohol testing requirement compliance.

Chao also praised the efforts of the interim chief of the FMCSA and his work with individual states to keep rest areas open.

“We’ve heard from a lot of people in the industry about concerns that some states may close rest areas,” she said. “So, I’ve had FMCSA acting Administrator Jim Mullen reach out and work with the state departments of transportation and other relevant entities to keep this critical infrastructure open, so that more carrier drivers have a safe place to rest.”

In addition to these regulation relaxations, the CARES (Coronavirus Aid, Relief, and Economic Security) Act is providing small business loans and a Paycheck Protection Program to many small trucking companies.

“After an initial sharp rise in demand to restock shelves and deliver supplies, the decline in economic activity has had negative consequences for the industry with decreases in freight volumes and rates since their peak during the public health emergency in the 3rd week of March,” said Chao in a DOT blog post. “Certain sectors of the industry have been hit harder than others, and the emergency affects trucking companies of all sizes. Many independent drivers and smaller trucking firms, which employ 90 percent of all truck drivers, are struggling to survive.”

Chao also mentioned that trucking firms can utilize loan opportunities from the Small Business Administration, which has made additional funds available during this crisis.

“We hope that truckers and others can see that the U.S. Department of Transportation is looking out for their interests and helping the country regain our economic vitality and vibrancy,” said Chao.

The allocations from the CARES Act could also potentially go into infrastructure, according to Chao.

“The monies have not gone out yet,” she explained. “Let’s see how that will help people. We hope it will help a lot. The Department of Transportation has a mandate to get out transit grant dollars, and we are hard at work. We’re going to meet the deadline to get that money out.”

Chao also wanted to offer her gratitude to the truckers erving the country at this time.

“I know that it has not been easy, but the whole country is just cheering on America’s truckers,” Chao said. “I want the families and the loved ones [of] trucker drivers to know that we’re thinking about them as well. We appreciate so much their support for their loves ones–the truck drivers–so that they can perform an essential service for our country during this critical time.”

ATA Praises Trucking Industry Efforts During Pandemic, Prepares for Challenges Ahead

May 26, 2020 by Levinson and Stefani Leave a Comment

The trucking industry has been making waves throughout the crisis of the pandemic–with truckers working over time, delivery services modifying procedures, and agencies changing rules to allow for more efficient deliveries of necessary medical supplies, food, and household goods.

Chris Spear, President of the American Trucking Associations, said he is proud of the help that the industry is giving to Americans during this time, but also said that there are many more obstacles ahead for both the business and the government as a whole.

“This certainly brings again what our industry does for the entire American economy to help us get through it,” said Spear. “If you want those shelves restocked, if you want the medical supplies and the test kits brought to the front line, you’ll need our industry, and I think people now have a laser focus on that and that is very appreciated.”

Spear expressed his gratitude for the 3.5 million truck drivers who are working far from their homes and families, and bringing those supplies to the people sheltering in their homes and doing their part to slow the spread of COVID-19.

“This is unprecedented,” said Spear of the industry’s experience. “This is clearly our time to shine.”

Still, although the current challenges have forced the industry to step up to a whole new level, there are more difficulties ahead.

“I think it takes some foresight to really anticipate where this is headed, and if it does change, it’s going to change rather quickly,” said Spear. “I think we are in a phase now where we are seeing an uptick for a number of industry segments, such as truckload [and] refrigerated. But you also see less consumption of fuel. We’re not seeing flatbed or agriculture benefit from this as much as we’d like. We’re seeing a lot of sectors that are not seeing that growth. It’s not across the board, and I think it’s very responsible for us to be looking two, three quarters ahead at what this may be looking like.”

A major factor in the success of these operations, Spear said, is the ability to work together with government agencies.

“I’ve had several calls with (Department of Homeland Security) officials, White House officials,” he said. “Our state executives have been very helpful [with] dealing with governors and mayors that also have a role, and make decisions that can be adverse to our industry if they are not done correctly.”

Because the $2.2 trillion congressional stimulus package includes $377 billion in small business loans, Spear said he believes this will be helpful to many smaller trucking companies, especially in terms of payroll.

“I’m very appreciative of the decision-makers, including Capitol Hill, with the legislation they just passed, recognizing that our industry is welcomed,” he explained. “Making certain we can do our jobs successfully through this pandemic is very important.”

Last month, The Federal Motor Carrier Safety Administration made a major decision to relax guidelines around hours-of-service regulations for trucks transporting essential supplies during the pandemic.

“How long the HOS and other exemptions go on–we’ll have to wait and see,” said Spear. “I don’t think it’s indefinite. Certainly, I believe the federal government is going to give us the relief we need to continue to do our [jobs] and serve the economy while this crisis unfolds.”

Those HOS changes are a bit controversial–as relaxing guidelines means truckers can potentially work longer hours on less rest, allowing for more fatigued truck drivers to be on the roads and creating more dangerous driving environments for themselves and for other drivers.

Regardless, the trucking industry is as busy as ever. According to DAT Solutions, spot rates roses by 12.6% throughout the month of March during a rapid increase in demand to keep stores and hospitals regularly restocked.

The trucking industry will continue to work hard to keep up with demands, Spear said. “This is what we do every day. Our drivers–our industry–are really stepping up to do what [they do] best, and that’s to help us get through this as quickly as possible.”

Truckers with Learner’s Permits Receive COVID-19 Waivers from FMCSA

May 22, 2020 by Levinson and Stefani Leave a Comment

Due to the current COVID-19 pandemic, standards have been relaxed by the Federal Motor Carrier Safety Administration in regards to commercial learner’s permit holders and how they obtain a commercial driver’s license.

The waiver, which will last until June 30th, will allow truckers with learner permits to operate during the coronavirus emergency without needing a commercially-licensed driver in the front seat of the cab–as long as that licensed driver is present in the truck.

With the waiver, the permit-holding driver must also have proof showing that he or she has passed the CDL driving skills test.

The three-month waiver aims to prevent a shortage of commercial truck drivers “from becoming a transportation emergency, and to continue the ability of intrastate and interstate CDL and CLP holders to transport goods in response to the COVID-19 emergency,” said the FMCSA in the waiver, released on March 28th.

“FMCSA has determined that it is in the public interest to issue a waiver, until June 30, 2020, limited in scope in circumstances, that is likely to achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained in the absence of the waiver,” the agency explained.

Not only will the waiver not require a learner’s permit holder to have a licensed commercial driver in the front seat whenever the permit holder is driving on public roads or highways, but the state will not need to administer a driving skills test to any out-of-state commercial license applicant who has taken driver training in that state.

Still, permit-holding drivers must always have on hand their non-commercial driver’s license, their learner’s permit, and a medical certificate. Additionally, to make the commercial driver’s licensing process quicker, states can administer driving tests to any applicant, regardless of the state in which they received their training.

“A state driver licensing agency that elects to administer a CDL driving skills test to a non-domiciled CMV applicant under this waiver must transmit the test results electronically directly from the testing state to the licensing state in an efficient and secure manner,” said the waiver.

Still, some states with increased employee absences and office closures have DMVs that are unable to process and issue commercial driver’s licenses at this time.

“Given the national emergency, there is a public need for immediate transportation of essential supplies, equipment, and persons, which requires adequate and sustained supply of drivers eligible to operate a CMV,” said the FMCSA. “This waiver provides needed relief from specified FMCSRs for states and CLP holders.”

According to Don Lefeve, Commercial Vehicle Training Association President, the waiver is not an overall solution to any commercial driver shortage.

“[While the waiver is] a great first step,” he explained, “it doesn’t solve the problem of somebody who needs to get that commercial learner’s permit from the 22 states whose state driver licensing agencies are closed due to the virus.”

Lefeve also explained that CDL holders would still need to be in a sleeper berth, but not necessarily the jump seat, while a permit-holder is operating a truck. As of now, Lefeve believes those drivers-in-training won’t be able to easily move on to driving on their own.

“Typically, new drivers will be paired with a driver trainer for three to eight weeks. depending on the company and individual’s skill progression,” in a “finishing school,” a company providing additional training for drivers who have recently received their CDL, he said.

Lefeve continued: “I think the problem is that if the states’ DMVs remain closed, once that driver could move on to being a solo driver, they could only do so if they have an actual CDL, which, as of now, is near impossible in 22 states because of the DMVs being closed.”

The 22 states that have closed their DMVS also have driver training schools with much more limited operations. “So, it’s critical that governors understand that they need to keep the state driver license agencies open,” Lefeve said.

According to the FMCSA, the waiver does not apply to CMV operators with these endorsements: T (double/triple trailers), P (passenger), N (tank vehicle), H (hazardous materials), X (combination of tank vehicle and hazardous materials), and S (school bus).

“To put all this in perspective, each year–the statistics vary–anywhere from 200,000 to 480,000 CDL are issued,” said Lefeve. “To use conservative numbers, say, 25,000 a month aren’t going to be licensed to do anything in the response or recovery effort.”