trucking legislation

ATRI List Ranks Biggest Trucking Concerns for 2019

November 9, 2019 by Levinson and Stefani Leave a Comment

A new list released by the American Transportation Research Institute–the trucking industry’s non-profit research institute–shows the biggest issues currently facing the trucking industry in North America.

The “Critical Issues in the Trucking Industry” list for 2019 has been compiled by the ATRI after analyzing over 2000 survey responses from motor carriers and commercial truck drivers. In its 15th year, the ATRI Top Industry Issues report also incorporates strategies that can address and potentially help to solve each issue.

In the list, driver pay and detention times at customer facilities made up 2 of the top 10 biggest concerns–for the first time ever.

However, Hours of Service has held the number two spot for two years in a row, and Driver Shortage concerns have stayed at the very top of the list for the last three years.

“While 2018 was an incredible year for trucking, we’ve seen some challenges in 2019, and certainly finding and retaining qualified drivers remains at the top of the list for our industry,” said ATA chairman and president, Barry Pottle. “ATRI’s analysis reveals the interconnectedness of these top issues and provides a roadmap for how motor carriers and professional drivers believe we should move forward as an industry.”

Here are the 2019 rankings for the most critical worries in the North American trucking industry:

10. Economy — Many factors have truckers concerned lately about how the American economy is affecting trucking, including a trade war with China, drone strikes on Saudi Arabian oil companies, and a softer freight market.

9. Transportation Infrastructure/Congestion/Funding — “Poorly maintained roads and traffic congestion create wear and tear on vehicles, waste fuel and increase emissions, create additional stress for drivers, and negatively impact industry productivity,” the ATRI says.

8. Compliance, Safety, and Accountability (CSA) — Although still a major concern, CSA worries have fallen from the number 6 spot in 2018. This may be in part to the integration of new driver technology, such as collision mitigation, avoidance systems, and driver-facing cameras.

7. The Electronic Logging Device Mandate — December 16th is the deadline for fleets to transition from AOBRD devices to FMCSA-approved ELDs. The logging technology was the number one critical concern only three years ago, and has been steadily sliding down in the rankings.

6. Driver Retention — This problem has dropped from number three on last year’s list as a softer freight market in 2019 has lead to less truck driver turnover.

5. Truck Parking — A long-term problem in the industry, this issue “creates a dangerous and costly dilemma for truck drivers who are often forced to drive beyond allowable Hours of Service rules or park in undesignated, and, in many cases, unsafe locations,” the ATRI says.

4. Detention/Delay at Customer Facilities — A brand-new addition to the ATRI’s top ten critical issues list, the ATRI references a study showing that driver detention of six or more hours has increased by over 27 percent between 2014 and 2018.

3. Driver Compensation — Another first-time-in-history addition, as driver pay has never been considered a top critical concern. This problem represents two sides to the complex issue–the carriers who must raise their driver pay, and drivers who are not satisfied with what they earn. Fleets have been increasing their drivers’ pay significantly, but many drivers still say their income is no longer keeping up with inflation, according to the ATRI.

2. Hours of Service — HOS regulations have remained in the second spot of these rankings for the last two years. In 2019, the FMCSA has put into place an Advanced Notice of Proposed Rulemaking, which aims to provide greater flexibility in its rest break and split sleeper berth provision requirements. This regulation also extends duty time by two hours for drivers working in inclement weather, and lengthens the maximum on-duty driving period from 12 to 14 hours.

1. Driver Shortage — This issue has stayed at the top of ATRI’s rankings for three years in a row. Although many groups (like OOIDA) believe driver shortage is actually a driver retention and compensation issue, the ATRI explains that “despite a somewhat softer freight market in 2019 over 2018, demand for qualified drivers is still high and fleets are undertaking a number of approaches to mitigate the recruiting challenges.”

New Federal Rules Will Help Trucking Companies Hire Safe Drivers

November 6, 2019 by Levinson and Stefani Leave a Comment

The Federal government has adopted new policies aimed at taking unqualified truck drivers off the road. Registration is now open for the Drug and Alcohol Clearinghouse, a new substance abuse screening system for truckers that is scheduled to be operational early in 2020 . The Clearinghouse is a database that will keep track of drivers who have violated drug and alcohol policies in order to stop them from operating commercial vehicles. The Federal Motor Carrier Safety Administration anticipates that the implementation of this database will substantially reduce motor vehicle crashes involving heavy trucks.

The federal rules regarding professional truck drivers already prohibit drivers from getting behind the wheel when they test positive for illegal drugs. Of course, everyone knows that drunk driving is illegal. The Clearinghouse database will allow trucking companies to screen drivers applying for jobs to see if they have previously tested positive for drugs and are looking to get hired at a new place. Drivers can also lookup their own information once they have registered with the Clearinghouse themselves. Once registered, drivers can search for their own information for free. The database will include information about whether a professional driver has any drug or alcohol program violations and, if applicable, the status of their petitions to return to duty.

The new system is meant to act as a check on drivers who violate substance abuse rules follow the proper protocol to get back in to good standing, if possible, before they are allowed to keep driving. Drivers with commercial driver’s licenses, employers, law enforcement, medical review officers, and substance abuse processionals will be among the groups who will be authorized to access the Clearinghouse.

As for what should be reported to the database – Federal Statutes cover that:

Employers will report a driver’s drug and alcohol program violations. Medical review officers will do this as well. A driver does not need to register him or herself into the system for a medical review officer to enter a violation in the system. In fact, it is not mandatory for a driver to register. But, if an employer needs to conduct a full check on a driver, that driver will have to register. This means, drivers who don’t want to take part may not be able to get hired for certain jobs because perspective or current employers will not be able to conduct a full search on the database for their information. After January 6, 2019 a driver will have to be registered with the Clearinghouse in order for an employer to be able to conduct a full search on their record for new hires. Drivers who are registered will be able to give their consent to release drug and alcohol program information to employers. Also, when new information is added to their profile, drivers will receive notifications from the Clearinghouse in the mail or electronically.

Drug abuse is a problem that needs to be addressed with treatment and counseling. Allowing drivers to keep working when they have a substance abuse problem by slipping through bureaucratic cracks doesn’t help drivers who may need help to get sober. It obviously makes roads less safe.

In the computer age with so much information going digital, this just makes sense. Professional truck drivers have a difficult job. They have to work long hours, often by themselves, away from their families. They have to keep alert on the road and get enough rest to do so. Drug use is a problem that poses a great risk to the health and safety of, not only professional drivers, but also everyone else who shares the road with them. Safety is on the roads is imperative. This database is likely the least intrusive way to keep records of drug and alcohol program violations so that employers know if they are sending a driver out on the road with the proper credentials.

Uber Freight: What does it Mean for Truck Drivers?

October 18, 2019 by Levinson and Stefani Leave a Comment

For trucking industry employees, commercial trucking can bring many difficulties. From month-long waits for payments, rate negotiations, and problems tracking data, the industry itself can be overly costly and inefficient.

Enter Uber Freight: an app introduced by Uber in 2017, which lets both drivers and owner/operators claim shipments easily, right on their mobile devices.

Here’s what it does: in an era of truck driver shortage, the app aims to motivate more workers to enter this career path by making load-matching easier. Although there are currently other apps out there with similar capabilities, Uber Freight is meant to allow drivers to book shipments without a middleman.

It also has fixed rates with instant confirmation, seven-day payment guarantees for drivers (as opposed to common 30-day guarantees in the industry), tracking tools, and customizable preferences.

Because Uber Freight drivers can book their own loads any time through the app, they no longer need to worry about rate negotiations or having to communicate with shippers over the phone or by fax. They also have quick access to trusted shippers–therefore giving them more overall control and convenience in their careers.

So, how does insurance for Uber Freight drivers work?

As is the case right now for most rideshare app drivers, Uber Freight drivers must cover damages of an accident (should they be at fault) from their own insurance. Uber Freight drivers are required to have a plan with at least $100,000 in liability coverage for their cargo as well as $1 million for the truck itself. Although this coverage could potentially pay for damages in an Uber Freight-driver-caused accident, Uber itself would not be liable, as drivers are not hired as employees, but as independent contractors.

Because of this, the driver would take on all responsibility for the accident and damage coverage–something that is not always the case with other commercial truck drivers.

What does this mean for innocent drivers involved in the crash?

Because the insurance would generally cover the truck and its cargo, there is no guarantee that car damage or even hospital bills would be fully covered should the other driver be hurt.

However in “fault car accident” states, such as California, at-fault parties can include maintenance crews or even the city for unsafe roadways, as well as the truck manufacturer itself. An Uber Freight driver’s coverage would only pay for the damages caused by his or her own actions.

This could change soon, though. We reported recently on a new California law that is upending both Uber and Lyft by requiring drivers to be classified as official employees, rather than independent contractors.

California Governor Gavin Newsom just signed legislation that will change the business models of rideshare apps in order to allow gig economy workers to be reclassified.

The new law is predicted to have an enormous impact on the American workforce–especially when over 1 percent of laborers work for Lyft or Uber a number which also includes Uber Freight truck drivers.

Once the law becomes active in January 2020, all drivers for these companies will be allowed to work as employees and will have access to a minimum wage, unemployment benefits, disability insurance, and union rights.

Although it is currently unclear how exactly Uber Freight drivers’ benefits will function under the new legislation–as it exempts groups of workers who set their own rates and hours–it can be assumed these truck drivers will have benefits in alignment with their rideshare driver counterparts.

However, after the bill was passed this month, Uber began pursuing “several legal and political options” to continue classifying its drivers as independent contractors, saying their “work is outside the usual course of Uber’s business.”

Uber says this is possible because it claims its drivers pass the ABC test: A) Drivers are free from company control and direction; B) Drivers’ work falls beyond Uber’s usual business; C) Each driver is working as an independent business.

Whether or not their claims will prove Uber drivers exempt from the new law has yet to be decided.

Gig Workers Rising, an organization that has been campaigning in favor of the bill and aims to support and educate rideshare drivers, delivery drivers and couriers, continues to fight for workers on these career paths in order to help them gain better wages, working conditions and opportunities.

Grieving Families Fight Against Hours-of-Service Flexibility for Truck Drivers

September 30, 2019 by Levinson and Stefani Leave a Comment

WASHINGTON – The proposed flexibility in safety rules for truck drivers–which would allow extended duty time and less-strict mandatory break time–has some families remembering truck accident-related heartbreak.

Linda Wilburn, an Oklahoma mom, was waiting for 19-year-old son Orbie to stop by the house to pick up some belongings to take back to his new rental, just 10 miles away. While heading east on I-40 from Weatherford, traffic was stalled. There, Orbie Wilburn and his 1994 Camaro were crashed into from behind by a big rig speeding down the eastbound lanes. Orbie Wilburn was killed at the scene.

The truck driver–a 41-year-old from Kentucky–also died upon impact. According to Linda Wilburn, he had driven 1,300 miles from Bakersfield, California “without a rest break at all.”

Now, Orbie’s family is finding themselves fighting against the Trump administration’s new proposed flexibility regarding rest time for truck drivers, after the hours-of-service rules were formally introduced by the Federal Motor Carrier Safety Administration on August 20th.

The new plan would allow drivers to divide mandatory 10-hour rest time up into 5-5 or 6-4 hour split, meaning that they would have complete control over how they use that time, whether they are resting or not.

The proposal would also extend driving time by two hours for those working in any conditions that could be considered “inclement weather;” it would also lengthen the maximum on-duty period from 12 to 14 hours.

Of course, there are two sides to the proposal.

Those against the possible new regulations, including highway safety organizations and grieving families like the Wilburns, point out government data showing deaths from crashes involving large trucks hitting a 10-year high in 2017.

On the other hand, commercial drivers and trucking companies are among those in favor, and believe the current rules in place for truckers are too restrictive and don’t allow for common business concerns. Although the data show an increase in truck-involved crashes, they also show a decrease in the rate of large truck-involved fatalities based on number of vehicle miles traveled.

The National Transportation Safety Board has been focusing on fatigued driving, and says it is more of a serious issue than statistics depict. The agency has deemed the reduction of fatigue-related accidents as part of its ‘Most Wanted List’ of safety improvements for 2019-2020. “Drowsy driving does not leave telltale signs,” it says. “It is widely believed to be underreported on police crash forms.”

It was also reported by FairWarning in 2015 that the trucking industry had some heavy spending behind congressional lobbying and contributions to campaigns while pushing for more flexibility for trucking companies and drivers.

“These [proposals] are opportunities for drivers to be pushed to their limits further, to drive without resting,” says Harry Adler, executive director of the Truck Safety Coalition. “It’s more [of an] opportunity for a driver to operate while fatigued, which is really detrimental.”

Adler says these proposals are a way for the trucking industry to exploit their drivers for their own gain. “How does one say that telling a truck driver, ‘You’re going to work a longer day,’ improve safety?” he asks.

The Truck Safety Coalition has witnessed the severe emotional damage of families like the Wilburns who have lost loved ones in fatigue-related crashes–many of these families now testifying before congress. These include a Florida mother who lost her 23-year-old son and daughter-in-law when a semi-truck driver fell asleep at the wheel, as well as a Maryland father who lost his wife and whose son was permanently disabled after a triple-tractor trailer driver fell asleep on the Ohio Turnpike.

If the government’s proposals “are going to keep the highways as safe as–or safer than–they currently exist,” the American Trucking Association needs to take time to do more research, Dan Horvath, vice president of ATA safety policy, said in an interview with FairWarning. “We are not quick to give an immediate response. We really do take the time to do a thorough review, to work with our members.”

Norita Taylor of the Owner-Operator Independent Drivers Association says no scheduling regulations are perfect for all commercial drivers. “The trucking industry is very diverse,” she says. She also points out that while drivers have to obey hours-of-service rules, clients and customers don’t. In fact, they often make reasonable work windows impossible for drivers. “Shippers and receivers can keep them waiting as long as they want, and they do,” she says.

Regardless, families like the Wilburns continue to fight against higher probabilities for driver fatigue.

“I vowed early on–the first few days–if there was anything that I could do to prevent this from happening to one other family, I would do it,” said Linda Wilburn. She is now a board member for Parents Against Tired Truckers, which is part of the Truck Safety Coalition.

Self-Driving Trucks to be Tested on Virginia Roads

September 23, 2019 by Levinson and Stefani Leave a Comment

VIRGINIA – In a partnership with Torc Robotics, Daimler Trucks will now be testing highly automated, heavy-duty trucks across highways in Virginia.

According to a September 9th press release, the two companies said they are currently actively developing and testing these trucks with SAE Level 4 intent technology on public routes in southwest Virginia, where Torc Robotics headquarters are located.

After months of testing and safety validation on closed-loop tracks, these public test runs of self-driving trucks will require an overseeing engineer and a highly-trained safety driver–who must hold commercial driver’s licenses and be specially trained in both vehicle dynamics and automated systems.

“We understand the needs of the industry,” Martin Daum, Member of the Board of Management of Daimler AG, said in the release. “Bringing Level 4 trucks to the public roads is a major step toward our goal to deliver reliable and safe trucks for the benefits of our customers, our economy and society.”

This announcement comes just months after Daimler agreed to acquire a majority stake in Torc–deeming Torc Robotics an official part of the new Autonomous Technology Group of Daimler Trucks, and allowing for these innovations.

Now, the truck manufacturer is consolidating its activities regarding automated driving globally–including within Torc’s locations in Blacksburg, Virginia as well as in Portland, Oregon and Stuttgart, Germany.

The Level 4 automated driving capabilities will allow trucks to drive themselves without needing a driver to monitor or engage–in certain conditions.

Torc’s system for automated driving, called ‘Asimov,’ has been tested throughout urban and long-distance routes in all weather conditions–including, rain, snow and fog.

“Our whole team is thrilled to be working alongside our Daimler colleagues as we pursue the commercialization of Level 4 trucks to bring this technology to the market,” said Torc Robotics CEO Michael Fleming. “We strongly believe it can save lives.”

The goal for these automated trucks is to eventually be able to haul freight on open highways between hubs.

The Level 4 test trucks are Freightliner Cascadia models complete with Torc’s self-driving capabilities, lidar sensors, cameras, and radar. During the tests, they will also pull weighted trailers to simulate carrying a load.

Daimler Trucks North America (DTNA) plans to evolve automated driving technology and vehicle integration for heavy-duty trucks. It is currently working on a truck chassis for automated driving, “particularly the redundancy of systems needed to provide reliability and safety,” the release stated.

DTNA will also be building an infrastructure to support Level 4 testing–which will include a control center and logistic hubs, located along high-density freight corridors where customers can operate near interstates and highways.

While Daimler continues with Level 4 automated driving, it will continue the process of integrating Level 2 technology, which aims to automate both lateral and longitudinal control while still requiring driver engagement.

DTNA will also continue offering active steering capabilities through its Detroit Assurance safety tech and Active Lane Assist by including automatic lane-centering and lane-departure protection features. This safety tech is projected to become more widely available early next year.

“As we pair Daimler’s expertise in building safe and reliable trucks with Torc’s genius in engineering Level 4 vehicles, we have no doubt we will do great things in the future,” said Daimler president and CEO Roger Nielsen. “We look forward to writing history together. The U.S. highways are the perfect place to develop automated technology.”

With the number of trucks on the road consistently growing but fewer people entering the profession, truck-driving continues to be stressful and often monotonous. “There is a long-term need to rethink,” Daimler says on its website. “Firstly, in order to increase the safety of all road users through the use of intelligent technologies. Secondly, in order to take pressure off the drivers and make their job more attractive by assigning them other tasks. Last but not least, the total cost of ownership (TCO) plays an important role in the transport industry.” Daimler claims the high degree of automation further lowers the TCO.

These public road tests are a significant step in Daimler Trucks’ 570 million dollar investment to bring highly automated trucks to global roads within a decade. Daimler says in this effort, it will be following its three most important beliefs: that “safety has absolute priority; everything must be 100% reliable,” that it must continue to develop “products together with its customers,” and that “a clear and legal regulatory framework for operation and liability is needed.”

Second Listening Session for Hours-of-Service Proposal

September 7, 2019 by Levinson and Stefani Leave a Comment

WASHINGTON – On September 17th, the Federal Motor Carrier Safety Administration will hold a second listening session regarding changes to its hours-of-service rules for commercial drivers.

In the original August 23rd session in Dallas, commercial drivers suggested they be given new flexibility in their mandatory 30-minute rest breaks, and be allowed to split their 10-hour off-duty time in sleeper berths into an eight hour period of rest and two hours of non-driving.

The new proposal suggests drivers be able to break that time up into a 6-4 or 5-5 hour split–arguing that drivers should be able to decide how they use their non-working time, and that this be made clear in the new regulation.

It isn’t all about how to divide rest time, though: this proposed flexibility would also extend duty time for drivers working in inclement weather by two hours, as well as lengthen the maximum on-duty period from 12 to 14 hours and the distance limit from 100 air miles to 150.

Candace Marley, and independent contractor and company driver, said at the session that she believes 30 minutes is longer than needed for a break, explaining she favors shorter breaks more frequently. “Let’s encourage more movement throughout the day,” she plead.

ABF Freight System driver, Steve Smalley, said drivers making pickups and deliveries in urban areas need to drive more often, and explained that the mandatory 30-minute break “restricts [drivers].”

However, some are concerned the proposal’s definition of adverse conditions (e.g., severe weather) is not clear enough and that drivers may abuse the flexibility.

Riky Von Honaker, TX Loadrunners’ director of risk management, said he agrees drivers should make their own decisions, but worries some may want to use the review factor “for anything and everything.” He explained that a forecasted hurricane should not be considered an adverse condition, insinuating drivers may abuse the rule with such excuses to add more driving time to their routes.

During an early June roadcheck across the U.S. and Canada, 2,874 drivers were placed out of service for driver-related issues–over 37 percent of those were “Hours of Service” violations.

These new proposals come from the Trump Administration and trucking lobbyists’ beliefs surrounding regulation becoming too strict in regards to poor weather, heavy traffic, and drivers’ abilities to complete deliveries promptly.

Upon softening of these rules, truck drivers will not only need to stay on the road for hours longer, but safety measures will fall onto self-regulation by drivers themselves.

FMCSA Administrator Raymond Martinez said during a telephone news conference last month that these changes are meant to allow drivers to manage challenges in their day-to-day responsibilities on their own. “They need some level of flexibility that allows them to work around,” he said. “Many of them felt they were racing the clock with those AOBRDs or ELDs.” He explains that this proposal will hopefully put more power back into drivers’ hands and allow them “to make smart decisions with regard to safety.”

The question remains, though, is the ability to choose less sleep and longer driving hours better for drivers, or will it just increase potential transport revenue? Will drivers allow themselves sufficient rest? Will they use the review factor just to add more hours onto their timesheets, thus driving even longer with possibly fewer hours of sleep?

Although breaktime flexibility is understandable, there isn’t a way to ensure drivers will be getting the rest they need to drive safely and alertly with lenient non-driving period regulation.

After PBS found in July that 60 truckers involved in fatal crashes in 2017 were either asleep or extremely fatigued, these changes don’t appear as if they’ll make a positive impact. When the effects of exhaustion are this serious and common, extending hours seems to be the last thing commercial drivers need.

General President of the International Brotherhood of Teamsters, Jim Hoffa, opposed the changes in an August 14th press release. He expressed that the labor union has “serious concerns,” and that “the FMCSA is abandoning safety and allowing drivers to push themselves to the limit even further.”

Martinez admits this proposed flexibility will not be a cure-all for safety concerns in the trucking industry, but believes they will improve overall safety. He urges participants to submit their views and research–on both what they like and dislike about the proposal.

He also says he can’t predict how long it will take to analyze stakeholder comments and decide on a final rule, but currently believes they are ahead of schedule. “Don’t give up because of the length of this process,” he urges.

Those interested in the FMCSA’s Notice of Proposed Rulemaking can present their comments at the September 17th session at the U.S. Department of Transportation in Washington, which will stream online for remote participation as well.

Public comment is set to close October 7th; American Trucking Associations and the Commercial Vehicle Safety Alliance are asking for a 30-day extension on this period. Submit thoughts on Hours-of-Service regulation changes to the Federal Register Docket here.