trucking legislation

CoronaVirus Causes Cancellation of Trucking Events

May 6, 2020 by Levinson and Stefani Leave a Comment

Because of COVID-19 concerns, the Federal Motor Carrier Safety Administration has decided to postpone its Truck Safety Summit.

After President Donald Trump announced in mid-March that he would be suspending all travel to the United States from Europe for 30 days, the FMCSA decided it would be delaying the summit, which was scheduled to be held on March 19th at the U.S. Department of Transportation headquarters in Washington.

“We will be following changes in the impact of COVID-19 and work to schedule a new date for the summit in the near future,” said FMCSA in the announcement.

The summit’s goal was for the agency to gain new insight into how to best improve the safety of motor carrier operations. Once the formal conference is finally held, stakeholders, motor carriers, truck drivers, federal and state agency partners, safety technology experts, and safety advocacy groups will have a chance to come together and have “an opportunity to share their ideas on improving truck safety.”

The summit also would have been a follow-up to the Transportation Research Board’s recent annual meeting, which took place in January. There, Jim Mullen, FMCSA Administrator, explained that he was urging the agency to implement new methods of reversing the large amount big-rig fatalities that had been occurring over the last four years.

Between 2017 and 2018, for example, deaths in crashes involving large trucks increased from 4,905 to 4,951. The issue of driver fatigue is a growing problem as well, as the National Transportation Safety Board has said it is making efforts to focus on the issue regarding fatigued drivers. The board also named decreasing fatigue-related accidents as one of the safety improvements on its ‘Most Wanted List’ of 2019-2020.

Hours-of-Service disagreements have also been a major issue in the industry, as stakeholders believe the relaxation of regulations will make it possible for drivers to work longer hours on less rest–bringing a possibility for more fatigued drivers and thus, more accidents.

These topics were all likely to be key discussion points at the summit.

“We are disappointed, but the safety of the attendees is of the utmost importance,” said the FMCSA on its website. “We look forward to setting a new date for the Summit.”

Another event cancelled due to coronavirus worries is 2020’s International Roadcheck, which was originally planned to take place between May 5th and 7th. The Commercial Vehicle Safety Alliance said the rescheduled date has yet to be determined.

“The alliance will monitor the status of the coronavirus pandemic and appropriately select the new dates when it’s safe and reasonable to do so,” said CVSA. “Once the rescheduled dates have been selected, CVSA will notify the commercial motor vehicle enforcement community, the motor carrier industry, the press, and the public.

This 73-hour Roadcheck was to be an amped-up version of the checks that have been running on schedule for the last 32 years. This year, the enforcement effort would focus on driver requirements.

According to CVSA, 944,794 violations out of last year’s 3.36 million inspections were in the category of driver requirements. Of those, nearly 200,000 citations were for out-of-service conditions, according to the Federal Motor Carrier Safety Administration’s data.

Some of the most common requirement violations include: insurance and vehicle registration, proof of medical qualifications, detected substance use, failure to wear a seat belt, and giving a false record-of-duty status.

Because the Roadcheck has run smoothly for over three decades in a row, the decision to postpone was “thoroughly and thoughtfully discussed,” said Delaware State Police sergeant and CVSA president, John Samis.

“As we urgently respond to this time-sensitive crisis, we must remain diligent and committed to ensuring that the commercial motor vehicles and drivers providing essential goods and services to our communities are following motor carrier safety regulations,” Samis explained. “Safety doesn’t take a break. It is always our top priority.”

The CVSA still plans to monitor the COVID-19 outbreak closely, notify membership and industry stakeholders of the new Roadcheck dates, follow guidance from public health experts, and keep the public updated regarding future enforcement and safety campaigns.

“This experience is unprecedented in our modern society,” said Samis, “and we need to do all that we can to help stop the spread of this global pandemic.”

AV 4.0 Relies on Public and Stakeholder Opinions

May 5, 2020 by Levinson and Stefani Leave a Comment

WASHINGTON — The U.S. Department of Transportation officials are partnering with trucking industry stakeholders to develop the latest autonomous vehicles guidelines.

The DOT, along with the White House Office of Science and Technology Policy, has been calling for public comments on the most recent federal guideline update regarding autonomous vehicle technology–AV 4.0.

Last month, the Federal Register published the DOT’s comment request after Transportation Secretary Elaine Chao first announced the initiative, officially titled “Ensuring American Leadership in Automated Vehicle Technologies” at CES 2020.

Public comments are due before April 2nd, and this summer will see further stakeholder work sessions to delve deeper into the future guidelines before they are finally published later in 2020.

“The U.S. DOT and OSTP see AV 4.0 as a method to ensure a consistent [U.S. government] approach to AV technologies and to ensure that the United States continues to lead AV technologies’ research, development, and integration,” said the Federal Register.

AV 4.0 aims to be a set of unifying principles throughout 38 different federal departments and agencies which gives state and local governments, industry representatives, and tech experts guidance regarding the operation of automated vehicles. The guidelines were originally built around government opportunities for collaboration, and AV tech growth boosting through administration efforts.

The initiative’s main aspiration was to prioritize safety, innovation, and consistent regulatory methods.

“While keeping safety as the approach–the priority for all of our engagements–we’ve been able to move this throughout the federal government so that all of the tools, assets, research, and grant-making dollars that are available, and enforcement authorities that are available throughout the federal government, can be at the hands of all our stakeholders that care about this,” said DOT deputy assistant secretary Finch Fulton.

According to Fulton, the upcoming national highway policy updates are an important way in which this technology can demonstrate its safety benefits throughout U.S. transit networks.

“Developments such as automated vehicles, drones, hyperloop, commercial space, and data initiatives can dramatically change the way people and goods are moved about the country and world,” Fulton explained. “Many of these technologies challenge the department in new or more sophisticated ways on methods to both prove and improve levels of safety, or in determining what mechanisms are best suited in the department for providing oversight.”

A main determining factor around AV regulation will be public opinion, according to Elaine Chao, Transportation Secretary.

“The real challenge is, as regulators, how do we address, how do we engage with emerging new technologies to address legitimate public concerns about safety, security, and privacy without hampering innovation? Because innovation is a trademark of who we are as Americans. That is our greatest export,” she said in February.

Currently, guidelines align with AV technology support initiatives and collaboration efforts by the Trump administration, including AV sector federal investments and research resources.

Back in January, Chao also announced the DOT’s standardized list of recommended ADAS terminology named “Clearing the Confusion” in collaboration with the National Safety Council, Consumer Reports, AAA, and J.D. Power–an initiative aiming to advance driver assistance systems.

“Currently, there is variance among manufacturers,” said Chao. “We want to make sure that drivers are aware that these systems are designed to ‘assist,’ not replace an engaged driver, which is still very important.”

Chao also explained her confidence behind AV tech’s potential to save thousands of lives, as 94% of crashes are a result of human error. She also noted that the tech could be particularly beneficial for those with transportation challenges needing more mobility options.

Still, congressional policymakers have not yet progressed on any autonomous tech legislation. According to Commerce Committee Chairman Roger Wicker (R-Miss.), new automated vehicle legislation directives were not likely to involve any provisions relative to trucks and buses. Additionally, the latest autonomous vehicle bill not to pass the Senate was related to vehicle regulations.

DOT’s DAS terminology list was announced two days after the American Transportation Research Institute demanded an autonomous vehicle technology policy for the trucking industry.

“Given that we intend for the policy document to be a living document and to be developed in an iterative fashion, subsequent opportunities to comment will also be provided periodically,” said the Federal Register.

America’s Truck Drivers Can’t Stay Home

April 30, 2020 by Levinson and Stefani Leave a Comment

When we think about the people in our communities who definitely can’t work from home, we most often think of emergency room doctors and nurses, and rightly so. However, there are many workers on the front lines in the fight against the spread of COVID-19 who may not be top of mind for most people, yet their contributions are vital to allowing people to get food and supplies in this critical time.

Whether you’re buying your food and essentials from a store or getting them delivered, those items most certainly spent part of their journey to your home on a truck driven by one of the over 3 million professional truck drivers in the United States. Since most the country is under some form of quarantine order or another, food, essentials, and medical supplies are nearly entirely moved only by professional drivers.

Some drivers regularly travel thousands of miles as part of a supply chain that keeps grocery store shelves fully stocked. If a driver were to get sick far from home at a time when there is no guarantee of testing, they may be left with few options and they even might get stranded. With so many businesses closed, many drivers will rely on truck stops and travel centers for rest, fuel, essentials, and supplies. In Some cases, these facilities may be the only ones available for drivers who are far from home.

The National Association of Truck Stop Operators (NATSO), a trade association based in Washington D.C. that represents the truck stop industry keeps a directory of stops and travel centers on their website to make it easier for drivers to locate facilities near them.

What if a driver gets sick?

Each trucking company is likely to have a different set of policies for its employees. In March, new Federal legislation was signed into law, called the Families First Coronavirus Response Act. The law requires employers with less than 500 workers to provide additional paid sick leave to their employees. Some of the provisions that require employers to provide additional paid leave to an employee situations where an employee has been advised by a health care provider to self-quarantine, or to someone is experiencing COVID-19 symptoms and is seeking diagnosis. There are also provisions requiring higher compensation rates for some employees. However, there are exceptions to these rules given to some smaller businesses whose viability would be jeopardized by enacting these provisions. These new rules are set to expire at the end of 2020.

The Centers for Disease Control and Prevention (CDC) has issued some guidelines to help delivery drivers stay safe while working. Some of these tips can also apply to long-haul truckers. Additionally, truck drivers should be diligent about taking all the precautions they can to prevent the spread of this virus.

You’re probably tired of hearing this, but wash your hands:

Hand sanitizer may be helpful to have in a bind. However, it doesn’t substitute for washing your hands with soap and water for at least 30 seconds. This may seem like overkill, but you should wash your hands every time you get fuel, use the washroom, or before you eat. Just think about how many people touch a fuel pump or use the bathroom every day. In fact, try to avoid things that multiple people come into contact with, like buffet style dining facilities or public computers.

Finally, if a driver does get sick – stop working. You should contact your company’s safety department as soon as you feel ill. Not only are you risking getting someone else sick if you keep working, but it’s also unsafe to operate a rig if you’re sick or fatigued.

Exxon to Reduce Methane Emissions

April 29, 2020 by Levinson and Stefani Leave a Comment

NEW YORK — In March, ExxonMobil detailed its plans for reducing the amount of methane released into the atmosphere by its operations. Currently, many governments are creating new regulations in regards to greenhouse gas emissions.

Exxon is hoping to be of influence to other companies and regulators regarding how they write rules of this kind. According to Exxon, its procedures have made a 20% decrease in methane emissions among some of the company’s American drilling operations since 2018.

“Our industry has developed high-tech advances to curb emissions, and we also hope this framework will be helpful for governments as they develop new regulations,” said Exxon’s CEO, Darren Woods.

The Obama Administration’s Environmental Protection Agency set new methane emission limits back in 2016, and called for total emissions numbers to decrease by half by 2025. Trump’s administration has been working toward relaxing these rules, and many oil and gas companies are working to fight that regression.

For this purpose, Exxon proposed its “model framework” for regulation of its emissions in all phases of production. Exxon’s plan also asks other companies to replace their energy infrastructure components within production sites that have a “high-leak potential,” to begin improving production technology, and to start conducting new research.

Still, some environmental advocates want Exxon to be more aggressive in its methods of combating global warming.

“The steps ExxonMobil has taken and the commitments the company announced are nowhere near sufficient to get us there,” said the Union of Concerned Scientists’ accountability campaign director, Kathy Mulvey. “We need to see much more ambitious and urgent actions taken by companies like ExxonMobil.”

Methane in the atmosphere can be more potent than carbon dioxide as a greenhouse gas by up to 86 times over a period of 20 years. When companies drill for oil, they find natural gas, whether it is wanted or not. During extraction, methane is released into the atmosphere–although scientists are still unsure of exactly how much.

With global warming threats so present, many major oil companies are under pressure from their investors to show how they will curtail the issue and adapt to new regulations.

“With the climate crisis upon us, companies can’t afford to ignore their contributions to climate change,” said senior director of the Environmental Defense Fund, Ben Ratner. “In at least one or two parts of [Exxon’s methane] framework, what they are recommending appeared to fall considerably short of what would be considered the best available operational practice and regulatory requirements.”

According to Ratner, Exxon’s framework involves implementing a program of leak detection and repair to fix gas leaks immediately. The company conducts these leak inspections at least once annually, but isn’t leading in this effort. Some other major oil companies have monthly inspections with sensors mounted on drones.

“The truth is, it needs to be much more,” he explained, “and we need to be driving to a world of continuous, real-time monitoring and rapid mitigation of this highly potent greenhouse gas. Once-a-year inspection is not a serious proposal for regulatory requirements that are up to the magnitude of the challenge.”

It is clearly in companies like Exxon’s best interest to meet these expectations. When new regulations are in the works, energy companies typically prefer to be ahead of the curve and collaborate in writing the rules that would control their operations. Increased regulation costs also have the potential to increase the costs of companies’ competitors, allowing companies with more expansive operations to grow their business advantages.

Exxon also believes that it would be preferable for an oil and gas operator to burn off (“flare”) natural gas if venting is needed, as opposed to releasing methane directly into the atmosphere. The company also suggests improving the combustion efficiency of these flares to avoid methane being accidentally released. Still, flaring releases carbon dioxide–which is less potent, but lasts longer within the atmosphere.

This flaring is a major issue, as U.S. gas flaring activity rose by 48% from 2017 to 2018, reaching 1.4 billion cubic feet per day. When natural gas prices fell, flaring amounts surged and pipeline capacity was constrained, causing many producers to pay to have it removed instead of selling it.

Now, Exxon assures that its efforts are aligned with solving these problems. The company’s subsidiary, XTO Energy, has expanded its methane emissions reduction efforts and officially signed onto the industry program Environmental Partnership.

“Our comprehensive initiative is underscored by a technology research and testing effort,” said XTO President, Sara Ortwein, “and includes personnel training, equipment phaseout, and facility design improvements.”

Omnitracs Conference Focuses on ELDs and HOS Changes

March 28, 2020 by Levinson and Stefani Leave a Comment

U.S. regulators are hyper-focused on hours-of-service adjustments and the trucking industry’s compliance with the electronic logging devices designed to monitor them–as is the industry itself.

At tech supplier Omnitracs’ Outlook 2020 conference on February 17th in Las Vegas, ELDs and HOS rules took center stage. Industry officials talked extensively about how regulators are finalizing the proposal of driver HOS flexibility, as federal electronic logging device enforcement also progresses.

For truck drivers, motor carriers, and shippers, these new regulations may be the most important federal trucking changes in 2020.

The Federal Motor Carrier Safety Administration released its intention to revise how much time drivers can spend on-duty hours (both driving and out-of-cab), as well as how they track their hours in their driver logs, in August 2018. The ELD mandate took full effect in December 2019–a regulation calling for truckers to record their HOS with ELDs instead of annual paper logbooks.

Joe DeLorenzo, acting associate administrator for enforcement at the FMCSA, said at the conference’s panel discussion that current ELD enforcement data shows law enforcement is learning to more regularly cooperate with the data transfer process of the new technology.

DeLorenzo said there has been an “interesting curve” in driver log violations, as well as in driver violations for exceeding HOS limits.

“We had a large dip in violations for falsification,” he explained. “But as officers got comfortable with it, that level of violations per inspection for false records is higher than it’s ever been before, which means now law enforcement has figured out what the tricks are, and how easy it is to find the falsifications.”

Back when the ELD mandate was first set in 2017, the FMCSA had “numerous requests from Congress and the public for [the] FMCSA to consider revising certain HOS provisions,” the federal truck safety agency said in its rulemaking notice.

The Owner-Operator Independent Driver Association in particular asked the agency to make significant changes to HOS rules in order to allow drivers to rest for up to three consecutive hours once per 14-hour shift. OOIDA also wanted the FMCSA to loosen the 30-minute rest break requirement after eight driving hours.

The FMCSA released its guidance in May of 2018 depicting how drivers should use the personal conveyance provision of the HOS rules, as well as how certain exemptions work in the era of the ELD mandate. Still, regulators thought they should address the ELD trucking aftershock further.

According to DeLorenzo, the overall learning curve is likely to continue throughout 2020.

“We need this next six or 12 months to really solidify that learning, get everybody used to it, and the more we can get data transfer done, that’s better for everybody,” he said.

Kerri Wirachowsky, Commercial Vehicle Safety Alliance roadside inspection program director, said to make ELD inspections work easily, driver knowledge is most important.

“Ensure your drivers are trained on how to use the device,” she asserted.

FMCSA is still reviewing public comments regarding its HOS regulation flexibility proposal. When the comment period on the rulemaking notice was extended, thousands of comments flooded the agency. The four HOS areas being considered for changes include:

-Expanding the current short-haul exemption from 12 to 14 hours-on duty

-Extending the 14-hour on-duty limitation by up to two hours when adverse driving conditions are present

-Revising the mandatory 30-minute break for drivers after eight hours of driving

-Reinstating the option to split 10-hour off-duty breaks for drivers operating trucks with sleeper-berths

DeLorenzo said as HOS changes are complex, it will continue to take time. The changes also continue to receive strong backlash from those arguing that relaxing break times will bring more fatigued drivers, and thus, more accidents.

For FMCSA, the main concern seems to be changing trucking environments with higher–and faster–demands.

“An awful lot has changed in the industry since 2003,” DeLorenzo said. “Just-in-time delivery wasn’t a thing. Amazon wasn’t a thing. Traffic certainly was not what it is now. Infrastructure was not what it is now.”

NAD Petition to Relax Deaf Truck Driver Requirements Reviewed by FMCSA

March 27, 2020 by Levinson and Stefani Leave a Comment

The Federal Motor Carrier Safety Administration is currently reviewing a petition from the National Association of the Deaf to relax certain requirements for deaf truck drivers.

NAD is arguing that the present requirements stating deaf truckers must pass a medical exam proving their ability to hear and prohibiting them from using interpreters during tests were implemented during a “time of misguided stereotypes about the abilities and inabilities of deaf and hard-of-hearing individuals.”

NAD has been pushing for updates to these requirements since 2017.

“NAD also contends that both the hearing requirement for physical qualification to operate a commercial vehicle and the speaking requirement are violations of the Rehabilitation Act of 1973,” said FMCSA’s announcement inviting public comment on the petition. This comment period ended on February 14th.

As of now, drivers have to “perceive a forced whispered voice in the better ear at no less than 5 feet, with or without the use of a hearing aid,” to pass hearing exams.

Additionally, to pass an audiometric device test, a driver must not have an average loss of hearing in his or her better ear, with or without a hearing aid, of any greater than 40 decibels at 500 Hertz, 1,000 Hertz, and 2,000 Hertz.

Any deaf drivers who cannot successfully pass these hearing tests are currently able to seek an exemption from the FMCSA, and at least 450 deaf drivers who have good driving records have been given 5-year exemptions.

Regardless, many prominent groups in the trucking industry have filed comments opposing any relaxation of present regulations. These groups include: American Trucking Associations, the Owner-Operator Independent Drivers Association, Commercial Vehicle Training Association, American Bus Association, and American Association of Motor Vehicle Administrators.

“While ATA believes the National Association of Deaf petition has merit, there are several concerns that FMCSA must address before any consideration to eliminate the hearing requirement for commercial motor vehicle operators,” ATA said in its comments. “These concerns involve a commercial driver license training, regulatory compliance, workplace safety, advisory board opposition, the lack of data currently available to assess crash risk, and employers’ ability to make an individual assessment of driver applicants.”

ATA also explained that proof of safety improvements in this circumstance is most important. “Before FMCSA revises any safety standard, both the petitioner and FMCA must provide the public with data-driven evidence that reflects real-world situations and adequately ensures safe CMV operations on our nation’s roadways.”

According to the FMCSA Federal Register Post, the proposal must undergo an environmental analysis in accordance with the FAA Order titled: “Environmental Impacts: Policies and Procedures” before any final regulatory changes.

OOIDA did note that FMCSA’s 2017 analysis of 218 CDL holders who had hearing exemptions showed that those drivers did in fact have a lower crash rate than the national average, as well as fewer out-of-service violations. Still, OOIDA remains in opposition to any regulation updates for deaf truck drivers.

“Driving a commercial [motor vehicle] requires constant attention,” said Education for Apex CDL Institute owner, Jeffrey Steinberg. “It requires the ability to always perceive changing circumstances around you. It requires the ability to not only see what is going on, but to also hear what is going on. Screeching tires, horns and train bells, emergency vehicle sirens.”

He also explained that hearing ability can be imperative in the case of mechanical issues on trucks. “Drivers need to be able to detect mechanical problems to be able to act before a serious problem occurs. Blown and failed tires, air leaks, wheel bearing failures, screeching brakes, engine knocks, and pre-ignition, just to name a few.”

Many deaf truck drivers don’t see these safety concerns as valid, though.

“I’m a deaf trucker of 29 years with no accident of any sort of record,” said driver David Helgerson. “Technology today has vastly improved [from where] it was years and years ago. This barrier needs to be removed.”

CTVA stands firm. “The government’s extensive 1997 study found a ‘consensus’ among subject matter experts ‘that there are many tasks for which truck drivers are required to use their hearing.’ CVTA strongly opposes NAD’s request to remove the hearing and speech requirements for the operation of commercial motor vehicles.”

Whether or not FMCSA will consider the technology improvements that have simplified so many manual trucking tasks since then in regards to how truck drivers perform their duties has yet to be determined.