trucking legislation

Yearly Rear Underride Guard Inspections Now Required After FMCSA Announces Final Rule

November 11, 2021 by Levinson and Stefani Leave a Comment

The list of annual inspections for motor carriers and roadside inspectors will now include rear underride impact guards, as added by the Federal Motor Carrier Safety Administration in a final rule to amend specific safety regulations.

This rule was scheduled to be posted this week in the Federal Register and serves as a method of addressing comments from Congress, Government Accountability Office recommendations, and Commercial Vehicle Safety Alliance rulemaking petitions. It also adds that RCC trailers do not need a rear impact guard, and specifies the definition of horizontal discharge trailers controlled by road construction.

“The impacts of this final rule are de minimis, and therefore, the final rule does not have a significant economic impact on a substantial number of small entities,” said FMCSA.

In fact, the final rule explains that it should not significantly impact a majority of motor carriers which have needed to have rear guards installed on their trucks since 1952; however, the mandate does follow up on December 2020’s proposed rule regarding the same issue.

“The best underride guard is the one that’s never put to the test,” said American Trucking Associations in a Tweet. “Education and safe, responsible driving are the best way to prevent crashes.”

According to FMCSA, passenger compartment intrusion occurrences during an incident involving a passenger vehicle colliding with the back of a commercial motor vehicle are highly reduced by rear-end protection and rear impact guards installed on heavy commercial trucks.

Still, trailers have often been in violation of such regulations for the past 23 years–specifically when their rear impact guards were either not sufficiently attached to the trailer or were missing completely. These violations could include guards that were missing fasteners, had cracked parent metal, or were otherwise damaged or broken in a way that prevented proper attachment.

Efforts to require side guards have been opposed by industry trade groups, although the new inspection requirement has been largely supported. However, CVSA lamented that most commercial motor vehicles are not inspected each year, even though rear-end/rear impact guard protection is indeed part of the North American Standard Inspection Program’s roadside inspection process.

“According to data available through FMCSA’s Analysis and Information Online webpage, in fiscal-year 2017, inspectors documented more than 2,300 violations related to rear impact guards and rear-end protection–more than half of which are for components that are missing, damaged, or improperly constructed,” said FMCSA.

This rule will bring necessary focus to this kind of truck safety, the agency added.

“Including rear impact guards and rear-end protection in the periodic inspection requirements will call additional attention to this critical safety component and help ensure that each vehicle is checked at least once a year, improving compliance and helping to prevent fatalities and injuries when rear-end collisions occur,” FMCSA continued.

The rule will also help continent-wide inspection efforts, as the United States, Mexico, and Canada will now all have the same rear-end protection requirements.

“Including rear impact guards and rear-end protection in the periodic annual inspection standards will harmonize U.S. regulations with those in Canada and Mexico, which include rear impact guards and rear-end protection as part of their annual inspection programs,” said the agency.

Congressional investigation office, GAO, has received requests from senators to further review truck underride crash data and information following GAO’s performance audit between January of 2018 and March 2019. This audit included stakeholder interviews and literature analysis regarding underride guards and crashes; these interviews included members of safety groups, state officials, and Department of Transportation members.

“Although reported underride crash fatalities represent a small percentage of total traffic fatalities, they present a greater risk of fatalities or serious injuries,” said GAO in its 2019 report.

When the rule proposal was first announced, Collin Mooney, Executive Director of CVSA, noted that rear underride guard checks would become part of the regular truck inspection process, as CVSA inspectors had not been citing truckers for violations when a loose or damaged rear guard was found.

Now, “we obviously will inspect [underride guards] as well,” Mooney said. “We’ll be taking a closer look at underride guards.”

The Future of Environmental Responsibility in the Trucking Industry

November 2, 2021 by Levinson and Stefani Leave a Comment

“Lots of people look at sustainability through different lenses,” said American Trucking Associations’ energy and environmental affairs counsel, Glen Kedzie. “Some look at it as addressing climate change, reducing carbon emissions; others are more expansive in their view of it.”

Industry experts at ATA’s Management Conference and Exhibition discussed the methods of addressing sustainability in transportation. Trucking, in particular, has been facing a lot of pressure to step up to environmental governance, according to Kedzie–although he noted that the supply chain needs particular focus.

“It’s not just from trucks,” he said. “You have to look at what happens coming up to the truck level and then after the truck level. The supply chain can be responsible for up to five times the greenhouse gas emissions [as much] than from just one singular source [or] from an individual company.”

Some federal and state regulations are in the works, such as truck-specific regulatory standards created by the U.S. Environmental Protection Agency. Kedzie added that trucking companies should be aware of these potential rules that will urge for lower emissions from all commercial vehicles sooner than later.

“We have the EPA Phase 3 rule,” he said. “They will set the carbon metrics so low–without mentioning any technology path, that the only way that you’ll be able to achieve those standards will be to buy a battery-electric, hydrogen fuel cell or renewable diesel vehicle.”

Because the supply chain creates so much of our carbon emissions, investors and environmental organizations have a laser-focus on their operations, Kedzie explained–in fact, 90% of carbon dioxide emissions throughout the entire country are a product of the trucking industry.

“Climate change is a major driver [of this attention],” he said. “But, there [are] a lot of other drivers that are making leads as businesses consider sustainability. The public image is very important to all of us here in this room.”

Kedzie also explained that the industry can indeed make money by becoming more environmentally friendly.

“Profitability can go hand-in-hand with sustainability. There are lots of legal considerations you have to take into account. There’s lots of litigation across the country,” he said.

Still, the trucking industry has made so many progressive changes and has made clear its vital role in the American economy, added Daimler Trucks North America’s vice president of product compliance and regulatory affairs, Sean Waters.

“Heavy-duty trucks make life better,” he said. “Heavy-duty trucks save lives–and this industry has been an unquestioned partner working with the EPA, working with California, on top [of complying with] enforceable emissions regulations for decades.”

This has, indeed, made a difference, Waters added.

“[That effort] has led to cleaner air,” he said. “It led to a reduction in CO2.”

Additionally, younger drivers entering the industry have more progressive expectations when it comes to sustainability, and trucking will have to step up in order to keep them interested–especially given the current truck driver shortage.

“It’s not a passing fad,” said Kedzie. “You’re going to be playing in this space. If you aren’t playing in this space, you will have to play in this space because everyone is wanting fleets to be more accountable.”

Environmental justice is also a primary concern for the Biden administration, which means there will be many more environmentally-aligned regulations in the works–which will be in addition to current investor and consumer pressure, Kedzie said.

“Shippers want to become greener,” he explained. “We have shareholders that are putting on pressure. They want to know where investments are being made. They want to see if those investments account for the use of green fuels and green technologies. We have Wall Street pushing back on us hard. We have lenders pushing back on us hard. We have the insurance industry pushing back on us hard.”

At the end of the day, most carbon emissions are coming from older trucks, and as new trucks are made to be more sustainable, fleets will begin saving more funds on overall fuel consumption, as well, Waters noted.

“Trucks are the backbone of our economy,” he said. The trucks that we build are safer today–cleaner today–than they’ve ever been, and we need to start by recognizing the positive contributions we’ve made before we start talking about the next round of regulations and before we talk about trucks being the problem.”

States Have 60 Days to Remove CDLs For Drug or Alcohol Violations, FMCSA Says

October 18, 2021 by Levinson and Stefani Leave a Comment

“Currently, most state driver licensing agencies do not receive drug and alcohol program violation information about commercial driver license or commercial learner permit holders licensed in their state,” said the Federal Motor Carrier Safety Administration in a recent statement.

Now, state driver licensing agencies are seeing stricter guidelines being mandated by federal trucking regulators requiring that further oversight must be implemented regarding commercial motor vehicle drivers with previous drug or alcohol violations. After being notified of a drug or alcohol test failure, these agencies must revoke the driving privileges of these drivers within 60 days.

“Therefore, these [state driver licensing agencies] are unaware when a commercial motor vehicle operator is subject to the driving prohibition, and the CMV operator continues to hold a valid CDL or CLP, despite the driving prohibition,” the agency explained.

By making sure drivers are subject to the agency’s driving prohibition, and that state licensing agencies are able to make the determination of whether or not this is the case for each driver, the FMCSA believes this final ruling will close the “knowledge gap” in these circumstances.

The licensing agency still can not “issue, renew, upgrade, or transfer a commercial driver’s license or commercial learner’s permit when a driver has tested positive for drugs or alcohol,” the new rule mandates.

Additionally, state agencies will need to begin the CLP or CDL privilege removal process from the driver’s license within two months after being notified by FMCSA that said driver either refused a test or was found to be under the influence of drugs or alcohol and is thus prohibited from operating a commercial motor vehicle, according to the rule change.

As of now, there is already a mandate in place requiring that states must review the FMCSA’s Drug and Alcohol Clearinghouse database for previous driver violations before renewing licenses or issuing new ones.

The agency did indeed decide to extend the time period during which an agency must remove driving privileges from 30 to 60 days after many industry members expressed concerns regarding states’ abilities to downgrade a driver’s commercial license within just one month. Still, the National Motor Freight Traffic Association, along with American Trucking Associations, insisted that 30 days is indeed ample time to notify drivers of the changes in their driving privileges.

Extending this time period will negatively affect the safety of our roadways, the organizations noted.

“By requiring SDLAs to downgrade the driver’s licensing status by removing the commercial driving privilege, the final rule will also permit all traffic safety enforcement officers to readily identify prohibited drivers by conducting a license check during a traffic stop or other roadside intervention,” said FMCSA.

This privilege removal would be an additional way to motivate drivers to follow mandates necessary for them to return to work, the agency continued.

“Further, SDLAs must remove the CLP or CDL privilege from the driver’s license of an individual subject to the CMV driving prohibition, which would result in a downgrade of the license until the driver complies with return-to-duty requirements.”

Still, many licensing agencies noted that state law requires them to notify a driver directly in regards to an imminent license downgrade, and that the 30-day time frame requirement would not allow for enough time to do so. It also would not provide sufficient time for an administrative hearing to take place before the license action is completed.

Additionally, the time period allotted should be aligned with the downgrading process of medical certifications, which currently allow for 60 days to update the driver’s record in the Commercial Driver’s License Information System and to complete the overall downgrading process.

Now, states must reach proper compliance with the requirements of the final mandate at hand before November 18th of 2024, the FMCSA said.

“The CDL downgrade requirement rests on the simple, but safety-critical, premise that drivers,” the agency said, “who cannot lawfully operate a CMV because they engaged in prohibited use of drugs or alcohol or refused a test should not hold a valid CDL or CLP.”

FMCSA Praises AV Progress, Although Complete Road Safety is Still Not a Guarantee

October 16, 2021 by Levinson and Stefani Leave a Comment

Freight connectivity and safety throughout the United States could be on the precipice of major shifts, according to Meera Joshi, the Federal Motor Carrier Safety Administration’s nominated leader and current deputy administrator, said during a Senate panel last month.

Self-driving vehicle technology, as well as improved vehicle-to-vehicle communication capabilities, will help to finally boost safety in both the passenger and freight transportation sectors in the most innovative ways yet, Joshi said.

“We are indeed in a time of incredible transition within the industry,” she told the panel. “The transition from mechanical to [artificial intelligence] occurs, but for FMCSA, the mission of safety [being] the number one priority stays the same. So, our challenge is to ensure that our regulations to uphold roadway safety translate into an [artificial intelligence] world.”

FMCSA will focus on stakeholder collaboration in regards to creating a federal framework around the utilization of autonomous vehicle technology, Joshi added.

In regards to trucking, “The principles remain the same,” she said. “And we’re embarking on that work now to stand up a regulatory framework for [autonomous vehicle] trucking so that safety is number one. There is room for innovation so that the crash prevention technology that AI brings can benefit road users and [so that] there are accountability measures [in place], so we understand critical things in an automated world.”

For fleets transporting agricultural materials and livestock, Joshi noted that adjustability is key.

“We must be understanding of the businesses we regulate, and I commit to working with [the senate] and the agriculture and livestock industry to make sure that our rules never undermine safety, but allow them to operate.”

As more and more autonomous vehicle technology has become a major focus of the industry and has come to the forefront of many transportation expert discussions, Levinson and Stefani’s Ken Levinson weighs in, explaining that we may be putting too much reliance on this new technology in hopes that it will be an overarching solution to the industry’s safety concerns.

“I always go back to safety,” Levinson said. “As long as the technology can be properly tested and we make sure safety is the paramount concern, I’m open to technology. I’m open to different autonomous options. But, I want to make sure that we’re not skipping some steps in terms of testing and vetting and making sure that people aren’t harmed.”

In fact, many testing situations have shown that this autonomous driving tech is still nowhere near being completely reliable, and shouldn’t yet be an end-all-be-all answer to driver safety. In fact, it was only a few months ago that the National Highway Traffic Safety Administration mandated that automakers must report all crashes involving fully autonomous vehicles and partially automated driver-assist systems.

“If we had a very safe autonomous vehicle and it was tested and met strict safety standards, I’m fine with that, but we have to be very careful,” Levinson explained. “There have been too many incidents where they haven’t been safe.”

In a study conducted last year, the Insurance Institute for Highway Safety found that only one-third of all crashes could be potentially avoided if automated systems were operating similarly to human drivers. It was determined that although autonomous vehicles had the potential to spot obstacles and hazards in their path and could avoid them easily, the larger challenge at hand is finding how this technology can bring an end to crashes altogether.

“We’re still going to see some issues, even if autonomous vehicles might react more quickly than humans do,” said vice president of research for IIHS, Jessica Cicchino, at the time of the study. “They’re not going to always be able to react instantaneously.”

Levinson agreed, noting that it’s clear we still have quite a ways to go until this technology can be entirely reliable in keeping our roadways as safe as possible.

“I think we’re a long way away from getting there right now because there are a lot of judgement calls that need to be made in real time that autonomous vehicles, or machines, can’t make,” he said. “Maybe we’ll get to a system that can be closer to being heavily-autonomous, but I don’t think we’re there yet, technologically. I think everybody loves that new shiny object, that technology, that brand-new way to transport people and cargo–but we have to make sure it’s done the right way and in the safest way.”

Aurora, FedEx, Paccar Begin Autonomous Trucking Initiative

October 7, 2021 by Levinson and Stefani Leave a Comment

A new autonomous commercial trucking pilot is in the works at the hands of FedEx Corp., Paccar Inc., and Aurora Innovation Inc.

A self driving tech-equipped Paccar tractor hauling FedEx loads between Dallas and Houston has been the initial journey of the pilot–making for a 500-mile round trip interstate drive. Now, the testing program will continue with self-driving efforts, although a safety driver will remain in the cab for the time being in case a takeover is needed.

Still, Aurora Innovation claims that its primary autonomous driving system, Aurora Driver, will not need backup drivers in the cab for much longer.

“At the end of 2021, we will launch our trucking business and haul loads autonomously between terminals without a safety driver,” said the company. “Developing our trucking service and driver-as-a-service business model alongside a trusted network that understands how to safely optimize logistics through efficiency and speed primes us to build a more deeply integrated service with the Aurora Driver for fleets safely and quickly.”

Earlier this year, Paccar and Aurora decided to collaborate on the development of two autonomous Class 8 trucks–new models of the already-popular Kenworth T680 and Peterbilt 579.

“The speed and quality of progress we’re making with Aurora to develop self-driving trucks is impressive,” said chief technology officer for Paccar, John Rich. “This industry collaboration is an important step toward delivering these trucks at scale.”

Autonomous trucking is the next step in addressing “the exponential growth of e-commerce,” added FedEx Corp., which believes this pilot initiative will be a monumental step forward for the companies in their efforts to look toward the future of technology in the industry.

“This is an exciting, industry-first collaboration that will work toward enhancing the logistics industry through safer, more efficient transportation of goods and we are pleased to collaborate with other industry leaders–Aurora and Paccar–on this endeavor,” said FedEx Corp.’s vice president of advanced technology and innovation, Rebecca Yeung.

Autonomous driving is clearly progressing steadily, added automotive and smart mobility analyst at Gartner Inc., Mike Ramsey. This program will help demonstrate that progression to the public.

“It’s exciting to see the new pilots being announced, but I expect we are still a few years away from taking people out of the seat,” he said. “The stakes are high, with 80,000-pound vehicles going 60 mph. The regulations between different states are uneven, and clarity about legality and safety will need to be codified in some way.”

Logistics companies will continue operating and owning the vehicles, but Ramsey predicts that companies will provide their own automated driver tech and software as the business model for autonomous trucking solidifies.

“You can imagine buying a truck fitted with a Via or Aurora driver, and the logistics firms or big consumer goods fleets will pay Aurora or Via to make sure the software and hardware are working on the truck,” he explained.

The collaborative effort of these companies allows for autonomous driving to be tested with groups operating at scale, added co-founder and chief product officer at Aurora, Sterling Anderson. Deployment capabilities will also be boosted with FedEx bringing its logistics knowledge, as well.

Now, industry powerhouses like American Trucking Associations are calling for federal autonomous trucking guidelines–specifically, for Secretary Pete Buttigieg to set forth a development and deployment framework for automated vehicle operation throughout the United States.

“ATA believes there is great promise in automated vehicle technology to improve highway safety, the efficiency of our supply chain, and our environment,” said ATA President, Chris Spear. “But, we need a national framework that fosters innovation, not a patchwork of potentially conflicting state and federal regulations, to deliver on that promise.”

ATA, along with other stakeholder groups, requested said framework in a letter written to Buttigieg last month.

“Implementing a federal AV framework that fosters the safe deployment of AVs,” the groups wrote, “can help the Biden administration to shepherd in a safer, more environmentally friendly and accessible transportation future.”

Chris Spear Looks Toward Upcoming Infrastructure Bill, Democrats Advance Transit and Climate Change Proposals

September 28, 2021 by Levinson and Stefani Leave a Comment

“Roads and bridges are trucking’s shop floor,” said American Trucking Associations President Chris Spear in a recent ATA Technology and Maintenance Council Fall Meeting and Transportation Technology Exhibition. “That’s where we work. And if we do not have good infrastructure, not only does trucking suffer, but so does the entire country.”

Spear has made clear his belief that the upcoming infrastructure package making waves on Capitol Hill will ultimately get the approval the trucking industry has hoped for, especially following the burden that has fallen on truckers’ shoulders throughout the pandemic era.

The $1 trillion infrastructure package is indeed “a very good bill,” Spear added, but it isn’t necessarily perfect, although “no bill ever is. But, even though it just happens to be going through Congress in a very toxic political environment, it is a very good piece of legislation that I believe will be signed into law very soon.”

The DRIVE-Safe Act’s inclusion in this bill will allow truck drivers over the age of 18 operate their commercial motor vehicles within interstate commerce–a move that Spear praises as a potential solution towards easing the current driver shortage.

“This industry is now recognized at a level we never thought possible,” Spear said. “It feels good to get a pat on the back. Truckers don’t have the luxury of telecommuting to work, but truckers rose to the challenge [during the pandemic], despite our drivers having no idea what kind of impact COVID would have on them or their families.”

After House Democrats advanced the climate change and transit proposals in the transportation budget bill–part of Democrats’ $3.5 trillion budget reconciliation bill–chamber leaders are expected to finalize overall proposal plans by the end of September.

“From tackling climate change, to addressing racial and environmental injustices, to building back better after the COVID-19 pandemic, our nation faces big challenges.” said Chairman Peter DeFazio following the panel’s approval of the budget bill. “By advancing this legislation, we’re taking a key step forward in addressing those challenges.”

The transportation measure would allocate $10 billion for low-income communities, $6 billion for local surface transportation priority projects (with specific funding at congressional districts), $4 billion for greenhouse gas emissions reduction projects across surface transportation corridors, and $4 billion for safety programs and transportation equity efforts. Another $2.5 billion will be dedicated to port infrastructure projects and freight supply chain resilience projects, $1 billion will be dedicated to low-emission tech project developments through the U.S. Department of Transportation, $1 billion will be offered to energy-efficient building promotion through the U.S. General Services Administration, and an additional $500 million will be offered to the Federal Emergency Management Agency.

“With this legislation, we can reduce carbon pollution from the transportation sector that’s driving the climate crisis and make communities more resilient to extreme weather events, connect people with good-paying jobs and affordable housing, address the planning mistakes of the past by reconnecting communities, make meaningful investments to plan or and develop high-speed rail projects, provide more people [with] access to clean water, and make our aviation and maritime sectors greener,” explain DeFazio.

The transportation budget bill will likely be included in the $3.5 trillion budget reconciliation legislation by the House Democratic Caucus, with major measures working to boost electric vehicle infrastructure, improve climate change infrastructure resilience, implement social safety net improvements, and support childcare and elderly healthcare assistance. Democratic leaders within the Senate are also aiming to legislate on the bill in September.

Social infrastructure plan-related economic benefits, along with climate change improvements, are the main focus of Biden’s ‘Build Back Better’ agenda.

“My ‘Build Back Better’ plan calls for significant new investments in upgrading research infrastructure [and] laboratories all across the country,” Biden said. “We’ll be making one of those breakthroughs in solar and wind [with] storage out of these facilities. [We’ll] out-innovate the rest of the world and drive down the costs of renewable energy.”

These improvements have indeed been a long time coming, democrats say.

“Senate Democrats have been working around the clock for weeks and months with our House colleagues and the Biden administration on the ‘Build Back Better’ agenda,” said Majority Leader Chuck Schumer. “We know the American people are facing challenges of monumental proportion. So, we must–and we will–pass legislation that meets the moment.