trucking legislation

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

November 4, 2020 by Levinson and Stefani 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

October 23, 2020 by Levinson and Stefani 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.”

FMCSA Requests Survey Permission for Exemplary Trucking Safety Methods

October 15, 2020 by Levinson and Stefani Leave a Comment

This month, the Federal Motor Carrier Safety Administration has announced its intent to study technologies and policies across the trucking industry in an effort to reward carriers exceeding safety guidelines. Regulators are currently seeking approval from the White House to begin this survey, in which they will choose a number of carrier operational managers overseeing companies that are going above and beyond safety requirements and that are boosting regulations regarding driver fitness.

2015’s FAST Act implemented a “Beyond Compliance program,” which works to recognize motor carriers surpassing safety regulations by giving them boosted scores within the Safety Measurement System, and is the inspiration for these surveys.

FMCSA originally released a notification in 2016 meant to meet the 18-month post-FAST Act congressional deadline, which consisted of program restructuring ideas. The agency published an additional request earlier this year, saying the primary notice was an effort to create public knowledge around the program itself.

The original notification urged for a widespread recognition mechanism for choosing to install innovative safety technology, including boosted driver fitness programs and improved safety-management tools for fleets, through the Compliance, Safety, and Accountability program.

“After a review of the comments received and conducting a small-scale study, it was determined additional information was needed to ascertain the best approach moving forward,” said an FMCSA official. “For that step, the agency is required to conduct an information collection request resulting in the additional Federal Register notices.”

In 2016, FMCSA stated that its Beyond Compliance program would let motor carriers sign up for the program once measures were initiated, even before enrollment was mandated. Now, the recent announcement requests survey-conducting permission from the Office of Management and Budget.

“The study does not attempt to conduct a full survey of the motor carrier population,” said FMCSA. “Instead, it relies on expert opinion from carriers that are objectively determined to exhibit safe operations that exceed industry averages as indicated by driver out-of-service rates, vehicle out-of-service rates, and crash rates. To identify these carriers, the study will utilize existing data from the Motor Carrier Management Information System database.”

FMCSA’s plan will require online surveys to be done by around 112 participating carrier operational managers and 113 non-participating managers. Through these answers, the agency believes it will be able to better understand just how influential modern safety technologies and programs have been for the highest-performing carriers.

“Only those carriers that perform near the top quartile across all three categories are potential participants,” said the agency. The categories being examined are those mentioned above: DOT-reportable crash rates, driver out-of-service rates at roadside inspections, and vehicle out-of-service rates at roadside inspections.

Those chosen will give their answers through an electronic survey platform, and results will later be studied to see which safety program and policy aspects are most prevalent among all participants.

“The resulting information would reveal the elements of safety programs that these motor carriers are using and their achieved results, and what these motor carriers believe to be the most effective for achieving safety and [what] should be included in a Beyond Compliance program,” said FMCSA.

American Trucking Associations has also shown its support regarding new manners of recognizing those in the trucking industry that often choose to implement safety-improving technology and programs. Additionally, the National Association of Small Trucking Companies and the Owner-Operator Independent Drivers Association are invited to take part in the survey by surveying their own manners for collection of secondary data.

“This would enable greater participation by smaller carriers and owner-operators, and would also enable a wider perspective of responses,” FMCSA explained.

All responses collected and analyzed will be part of the overall pilot study findings report, and the agency said analytical and descriptive analyzation methods will be part of the study. All results will be implemented into a formal report overseen by FMCSA itself.

The full report will also become available to the public via FMCSA’s website. The contents of the findings will be used in the final report the agency will need to send to Congress.

Health Considerations are a Priority for the Transportation Industry, Experts Say

October 11, 2020 by Levinson and Stefani Leave a Comment

Planning experts are saying the transportation industry, along with all public agencies, needs to begin implementing more health considerations into any policy changes or decisions.

A new “Health in All Policies” framework is currently recommended by Conduent Transportation’s strategy and innovation leader, Renee Autumn Ray, to be adopted into public agencies at each level of government.

“This really makes sense to a lot of agencies because, pretty much every public agency has a foundational principle to administer for the health, safety, and welfare of all of the people in their jurisdictions,” said Ray. “Health is kind of embedded, at least at some level, in a lot of the work of transportation and other public agencies.”

Ray recently published a paper called, “Increasing Access to Essential Health Functions: The Role of Transportation in Improving America’s Health,” in which she discusses how obstacles to transportation access have a negative effect on health care access. The paper also explains how those without a personal vehicle typically have to rely on less efficient or less convenient methods of transit.

Additionally, Ray explained that integrating a health-in-all-policies method could decrease the difficulties that come with social and systemic factors that affect both personal economic growth and care. These factors also include education, job access, and socioeconomic status; all of these conditions can cause differences in quality of life and overall health.

“Transportation access is one of the fundamental objectives of the public sector,” said Eno Center vice president of policy and finance, Paul Lewis. “It’s also one of the most important ways the government can enable residents to live healthy and productive lives.”

Ray also said that impoverished people tend to move far outside the city and into its outskirts where lower costs of living and fewer options for public transportation are available. The distance from city centers, she said, also has a large impact on a person’s ability to work just one job and the amount of time they have for leisure.

Longer life expectancy can also cause transportation difficulties, said Ray in her paper. On average, she noted, people outlive their driving ability by up to a decade.

“When we think about where older adults are living, most of them are living in suburbs that it’s going to be very difficult to run transit through,” Ray said.

Ray believes the most effective way to make any positive changes is to communicate thoroughly with members of the community–the ones who are directly affected by these issues.

“The best way to understand how to do planning is by having local relationships,” she said. “You need to go into different communities that you’re planning for and talk to those people, and then do the things that they tell you. Doing a better job listening to folks in the community is important.”

She is glad, though, that more and more people have been dedicating themselves to the studies of planning and public health, and says that the upward trend of those entering multiple sectors can only be a good thing.

Ray also pointed out that although the majority of public transportation experts and public health workers typically want the same kinds of improvements for their communities, their verbiage may differ, and it’s important for the public to understand that.

“I think one thing that’s important to note is that we use different jargon, but we’re frequently trying to do the same thing,” she explained. “Getting a framework for some of that jargon, to me, is helpful to understand that there are some foundational principles that lie across all of the work we’re doing in our various public agencies.”

Whatever words are used to describe issues and solutions, Ray insists that creative problem-solving through a collaborative effort is key. For example, throughout the pandemic, the U.S. Department of Agriculture has worked on a program allowing curbside pickup and grocery delivery services to be used for specific subsidized food benefits.

Ray says actions like these during COVID-19, and other efforts to improve overall community health, give her hope that public sector officials will help the nation come out better than it was before the pandemic.

“[Positive change] is hugely important now, with COVID,” said Lewis. “But this has always been an issue.”

FMCSA Pushes for More Driver-Assist Tech, AAA Says it is Still Unsafe

October 10, 2020 by Levinson and Stefani Leave a Comment

Earlier this month, the most-discussed topic at the day-long Federal Motor Carrier Safety Administration safety summit was the implementation of driver-assist technology throughout the trucking industry. Experts have been considering these innovations as being prevalent ways to decrease the number of truck-involved crashes.

“Nothing contributes greater to highway safety than the person behind the wheel,” said J.B. Hunt Transport senior vice president of safety, security, and driver personnel, Greer Woodruff. “But, I have seen drivers that have years of safe driving have a momentary lapse for a circumstance that unfolds, and this [technology] has saved them. They have been very thankful to have had these systems on their vehicles.”

Woodruff also noted that driver-assist systems are able to help carriers navigate the “increasing headwinds” of modern challenges, including everything from distracted driving to traffic congestion to the growing number of vehicle miles typically traveled.

Currently, FMCSA is suggesting voluntary use of these systems by fleets and independent owner-operators. This technology includes adaptive cruise control, automatic emergency braking, blind spot warning systems, forward collision warning systems, and forward-facing camera systems.

Integration of these technologies has now reached around 45-50% of the market, according to Bendix Commercial Vehicle Systems vice president of engineering and R&D, Richard Beyer.

“These systems help the driver to reduce the stress and improve the safety,” he explained. “But it’s still based on good, solid driving practices [and] drivers staying alert and being part of the solution.”

However, two tests by AAA over the last two years have shown that partially-automated driving systems do not always work as expected, and the company has recommended that vehicle manufacturers limit the use of this technology.

AAA researchers tested the systems of five different manufacturers over a distance of 4,000 miles, and cited an issue every eight miles, on average.

“AAA has repeatedly found that active driving assistance systems do not perform consistently, especially in real-world scenarios,” said AAA’s director of automotive engineering, Greg Brannon. “Automakers need to work toward more dependable technology, including improving lane-keeping assistance.”

The majority of problems encountered by researchers involved systems meant to keep vehicles in their respective lanes; however, testing showed that many vehicles failed to detect simulated broken-down cars in their path of travel. According to the study, the test vehicles hit the out-of-commission vehicles around two-thirds of the time, traveling at an average speed of 25 miles per hour.

This recent second round of testing showed little difference from similar testing by AAA of four other vehicles in 2018. Additionally, the systems that combine braking, steering, and acceleration control continued to stop working altogether without much notice to the driver.

“When we’re talking about advanced driver-assistance systems, it really is going back to the capabilities of the driver,” said Daimler Trucks North America executive manager of advanced safety systems and autonomous driving, Ritchie Huang. “What we’re building is just supplementary to them.”

Chris Spear, President of American Trucking Associations, said the main priority for ATA is highway safety, and suggested that regulators should work toward creating an environment in which these kinds of technological innovations can explore their potential.

“I think you’ve got to stick with innovation, because it’s, quite frankly, moving 10 times faster than the government,” said Spear. “Just get out of the way. Let innovation take care of it.”

Still, AAA’s Brannon said the most recent testing on automated driving systems within personal vehicles show that systems have not been improving drastically, even though they are being implemented into mainstream models more often.

He also explained that those who first purchased the systems were typically early technology adopters, but now, more and more less tech-savvy people are operating these kinds of vehicles.

“People are really less familiar and less likely to really engage in understanding how the systems work,” Brannon said. “They just assume they do work. That could be a really dangerous assumption.”

Additionally, people easily begin to rely too heavily on the technology when frequently operating vehicles that have it in place, and Brannon said this is extremely dangerous when the systems fail in any way. AAA also explained that during real-road tests, all systems had difficulties ensuring that the vehicles remained in their lanes, and often caused the car to move too close to guardrails and other vehicles.

The issues with this current technology could, in fact, delay the adoption of entirely-autonomous vehicles, Brannon noted, because now, drivers who have operated a vehicle with the technology in place may have trouble trusting them.

As Chinese Tech Ban Deadline Arrives, Carriers Must Be Ready

October 5, 2020 by Levinson and Stefani Leave a Comment

Motor carriers working with the federal government had to send a request to find and purge telecommunications equipment made by five different Chinese companies involved in their operations before the deadline of August 13th.

Earlier this month, American Trucking Associations’ Government Freight Conference hosted a webinar aiming to help carriers become clear on what they needed to do in terms of this provision, which is included in the fiscal year 2019 Defense Authorization bill. This mandate was implemented in an effort to decrease any national security threats within Chinese-made technology–including everything from cell phones to GPS systems to cameras.

“There is likely going to be significant impacts that will be felt across the federal sector,” said a government official who wished to remain anonymous in order to speak candidly. “It’s very clear that the Defense Department and other agencies fully support the intent of the rule. We all know there is a lot of information about how China transmitted data and stole intellectual property, so the intent of the rule to protect our national security is good. But, there will be unintended consequences because of how the specific language was written.”

The Chinese companies believed to include hackers who broke into systems within the U.S. intelligence and defense agencies’ information systems are Dahua Technology, Hikvision, Huawei, Hytera, and ZTE Corp. All affiliates of these companies are included in the provision.

Truckers will need to search for and get rid of any prohibited products within their technology systems, although the tech targeted may be extremely difficult to find within current corporate tech. The industry is still navigating how the government will enforce this requirement and what exactly is covered by the provision.

“I think we’re all catching on to what an incredibly potent statute Sec. 889 of the 2019 National Defense Authorization Act is,” said ATA’s Government Freight Conference executive director, Bill Wanamaker. “As a carrier or broker, how do you know whether any of this covered technology is in your electronic inventory?”

The law incorporates “essential” and “substantial” parts of covered equipment, according to Harold “Buzz” Bailey of Bailey FedK Consulting, and these parts include microelectronic data-routing components. “[When] most telecommunication equipment OEMs can’t ‘fix’ their components to make them Sec. 889 compliant, you have to buy new ‘NDAA-compliant’ equipment,” he explained.

These are the key points Bailey insisted carriers understand:

-Government contractors do not need to perform an audit of a supplier, and only need “reasonable inquiry” regarding its equipment purchase documents.

-Contractors should review their equipment purchase records and determine whether or not records show that the equipment is made by an OEM, installer, or distributor. Carriers should keep in mind that essential OEM components are not the ones in question.

-A trucking company can respond “no” to Part 2 of Sec. 889 if it has not received complete supplier survey answers but has finished a reasonable inquiry of its purchase record.

-Carriers need to expand their inquiries to both distributors and installers, and should contact OEMs about essential components.

Additionally, Bailey suggested carriers request a delay to the mid-August deadline and contact their congressional delegation despite any congressional reluctance.

“If your existing equipment is not on the list, then it’s probably not compliant,” said Bailey. “This could lead to an expensive ‘rip and replace.’ The government may not mount aggressive enforcement early on, but they may look to make an example of a company blatantly misrepresenting use of covered equipment. There is a waiver process available, but that process will take time and money. It’s best to discuss waivers with government customers sooner rather than later.”

A broad waiver was indeed requested by the Office of the Director of National Intelligence due to the Defense Department’s lack of clarity. Agencies have been able to request waivers either from ODNI or through a tedious internal process.

The Department of Defense has also set up a task force that includes all Defense agencies and services with cybersecurity experts in order to bring about more efficient waiver-issuing coordination.

The task force is meant to ensure consistency so that one service isn’t issued a waiver while another is denied, according to the government official.

“The real insidious part of this is that it’s a marketing opportunity for a lot of companies,” said Bailey. “That’s what really worries me, because these companies would normally say, ‘You’re going too far, government, you shouldn’t cover this and you shouldn’t cover that.’ But the equipment providers are just as happy.”