Latest Industry News Brief Courtesy of PMTA

Plan Now For The 2023 ATHS National Convention & Truck Show In Reno

 KANSAS CITY, MO…  Register now for the 2023 ATHS National Convention & Truck Show in Reno, Nevada, June 8-10. The Early Bird deadline was March 31, but ATHS welcomes all who want to attend and will take registrations onsite. “The $10 savings per registrant is beneficial when a family attends the Convention & Truck Show. Don’t forget 12 and under are free!” said Executive Director Laurence Gration.

ATHS begins taking onsite registrations on Tuesday, June 6. The Kickoff Casino Party on Wednesday, June 7, welcomes attendees, and the 2023 National Convention & Truck Show will commence June 8 at the Grand Resort Hotel & Casino, 2500 E 2nd St, Reno, Nevada.

Register as a Convention Attendee or to Display Truck(s) by:

* ATHS Website: ATHS/org/Convention

* Phone: 816-891-9900

* Mail a Convention Registration form [Download https://bit.ly/40GN70H] and payment to:

American Truck Historical Society

10380 N Ambassador Dr. #101

Kansas City, MO 64153

Trucking Urges Biden Administration to Resolve West Coast Port Negotiations

 Washington, DC…. THE American Trucking Associations joined supply chain stakeholders in calling on the Biden Administration for a resolution to the ongoing West Coast port labor negotiations. A letter sent to President Biden from 238 national, state, and local trade associations details how the situation is creating economic uncertainty, affecting freight flows, and causing shipments to be diverted away from West Coast, where import volumes recently fell to their lowest level since the 1980s.

“Given the turmoil of the past several years, what our supply chain needs to see right now is continuity. Unfortunately, these ongoing negotiations – seemingly with no end in sight – are adding yet another stress factor that is complicating our industry’s ability to keep goods moving in a reliable and timely fashion,” said ATA President and CEO Chris Spear. “For the sake of our country, it’s time to bring these negotiations to a close." 

EPA Erring By Allowing California to Create Regulatory Patchwork

"This isn’t the United States of California."

Washington, DC…  American Trucking Associations President and CEO Chris Spear said the Biden Administration’s Environmental Protection Agency’s decision to allow California to move forward with damaging and unrealistic emissions rule will harm the industry nationwide.

“By granting California’s waiver for its so-called ‘advanced clean trucks’ rule, the EPA is handing over the keys as a national regulator,” Spear said. “This isn’t the United States of California, and in order to mollify a never satisfied fringe environmental lobby by allowing the state to proceed with these technologically infeasible rules on unworkable and unrealistic timelines, the EPA is sowing the ground for a future supply chain crisis.

“As we learned since the pandemic, our supply chain is fragile, and even small disruptions can cause huge problems nationally and globally, and by allowing this incredibly disruptive, ill-conceived regime to move forward, EPA is creating a terrible mess for the hard-working men and women of our industry and the country to clean up,” he said.

“We have, and will continue to work tirelessly with the EPA on aggressive, achievable timelines for reducing emissions. Over the past 35 years, that collaboration has produced a 98% reduction in truck emissions,” Spear said. “We continue to be committed to the path to zero, and we hope EPA will, as it becomes clear that California’s rhetoric is not being matched by technology, reverse course and create a single, achievable national standard.” 

Drivewyze Adds Pennsylvania to Bypass Network

 PLANO, TX… – Drivewyze, a technology leader with innovative safety and productivity solutions for fleets, drivers, and transportation agencies, has announced that Pennsylvania has become the latest state to offer its PreClear weigh station bypass service. It joins 45 other states and provinces in the Drivewyze network with more than 880 sites and bypass opportunities. Drivewyze is the leading platform in connected truck services and operator of the largest public-private weigh station bypass network in North America.

 “This is a key new state in our network and we’re ecstatic to now have Pennsylvania on board,” said Brian Heath, CEO of Drivewyze. “Pennsylvania is a major thoroughfare for freight transport, and this will give our PreClear customers additional opportunities for bypass – saving time and money, while allowing drivers to pull more miles.”

 Unlike other states, Pennsylvania has 37 inspection locations that are either at rest areas or welcome centers at state borders. Most are located along the 23 interstates within the Pennsylvania highway system. The mobile platform for Drivewyze allows law enforcement to utilize inspection bypass at all locations where inspections can take place.

“Inspection officers in Pennsylvania rotate where inspections take place – sites are not operated on a fixed schedule,” said Heath. “Since our system is mobile and can ‘go with’ inspection officers, it allows the state to offer our bypass service wherever inspections are taking place.”

 Some of the key routes include I-80, which is a major commerce interstate that starts in San Francisco and goes all the way through Pennsylvania and into New Jersey. Drivewyze has sites in Pennsylvania covering the three locations going eastbound, and the two headed westbound. 

Another major thoroughfare – I-79 – through western Pennsylvania and West Virginia, makes up part of the corridor to Buffalo, New York, and the Canadian border, and is covered with five new Pennsylvania Drivewyze sites northbound, and four sites southbound.

 “Inspection bypass is a great service offering for our members and it’s something trucking companies have been asking for,” said Rebecca Oyler, president and CEO of the Pennsylvania Motor Truck Association. “With congestion and other delays, bypass gives truckers the opportunity to stay on the road, keeping deliveries flowing, while allowing enforcement the opportunity to inspect trucks that truly do need inspecting. We’re pleased that Drivewyze and the Pennsylvania Department of Transportation are working together to provide this service.”

 According to Heath, the industry average for time spent at a weigh station, or inspection site, is five minutes, and up to an hour or more if a truck is pulled in for inspection. “Depending on a carrier’s safety scores, trucks can receive a bypass the majority of the time,” said Heath. “Inspection site bypass is one of the easiest ways for fleets and drivers to reduce downtime and operational costs.”

CVSA's 2023 Out-of-Service Criteria Now in Effect

  

Washington DC…  The Commercial Vehicle Safety Alliance’s (CVSA) 2023 North American Standard Out-of-Service Criteria are now in effect. The 2023 out-of-service criteria replace and supersede all previous versions.

  CVSA’s North American Standard Out-of-Service Criteria ensure uniformity, consistency and reciprocity among the states, provinces, territories and countries and determine whether or not drivers or vehicles present an imminent hazard and should be placed out of service. The federal regulations, together with CVSA’s out-of-service criteria, provide the standards that drivers, motor carriers and law enforcement personnel use to ensure the commercial motor vehicles and drivers operating on North America’s roadways are safe and compliant.

The voting members of the Alliance approved nine changes to the out-of-service criteria, which are now in effect. In accordance with the CVSA Bylaws, the proposed changes were communicated to the voting members of the Alliance on Oct. 10, 2022, and ratified on Oct. 21, 2022. The out-of-service criteria are updated annually, effective April 1 of each year.

The following changes were made to the out-of-service criteria:

1. A section of the paragraph in Part I, Item 4. DRIVER MEDICAL/PHYSICAL REQUIREMENTS – b. Medical Certificate (4) was removed to provide more clarity.

2. Part I, Item 7. DRUGS AND OTHER SUBSTANCES – b. Shall Not be Under the Influence was amended to add language for use within the previous 24 hours.

3. Part I, Item 9. U.S./Item 10. CANADA/Item 11. MEXICO – DRIVER’S RECORD OF DUTY STATUS was amended to clarify the out-of-service condition for a false record of duty status.

4. Part I, Item 9. DRIVER’S RECORD OF DUTY STATUS – U.S. – Footnote 10 was amended to clarify that a driver is not out of service for not being able to print or sign their record of duty status.

5. The severity of rust required on a rotor to be included in the 20% brake criterion was clarified in Part II, Item 1. BRAKE SYSTEMS – a. Defective Brakes, (6) Air Disc Brakes (d), (7) Hydraulic and Electric Brakes (e) and b. Front Steering Axle(s) Brakes, (3) Air Disc Brakes (e), (4) Hydraulic Brakes (e).

6. Part II, Item 2. CARGO SECUREMENT – e. (3) and f. NOTE was amended to clarify that there is nothing in the Federal Motor Carrier Safety Regulations or National Safety Code Standard 10 dictating the placement of tiedowns on cargo.

7. “To Be On” was added to the title of Part II, Item 9. LIGHTING DEVICES (Headlamps, Tail Lamps, Stop Lamps, Turn Signals and Lamp/Flags on Projecting Loads), a. When Lights are Required.

8. Clarifying language for spring hangers and equalizers was added to Part II, Item 11. SUSPENSION – d. Suspension Connecting Rod and Tracking Component Assembly.

9. A diagram was added to Part II, Item 11. SUSPENSION – d. Suspension Connecting Rod and Tracking Component Assembly for further clarification of parts and how they apply to the out-of-service criteria.

These changes have been incorporated into North American Standard Inspection Program training materials, along with updated inspection bulletins, inspection procedures, operational policies and training videos.

There are several versions (e.g., print, electronic, other languages, etc.) of the 2023 out-of-service criteria available for purchase through the CVSA online store. The 2023 out-of-service criteria are also available for purchase in CVSA’s app by searching “CVSA Out-of-Service Criteria” in the App Store or Google Play.

Important Note: There is an error on page 8 of the spiral-bound “North American Standard Out-of-Service Criteria Handbook and Pictorial.” The affected section is Part I, Section 9. DRIVER’S RECORD OF DUTY STATUS – U.S., a. PROPERTY-CARRYING VEHICLES, (6) False Record of Duty Status – Qualifying Rest Break. To correct this misprint, all copies of the handbook will be shipped with a letter outlining the error along with a sticker with corrected language that may be placed over the error. The handbook is the only version affected; all other versions of the out-of-service criteria, including the app, are correct. We apologize for any inconvenience this may cause.

  

CVSA hosted a webinar in January outlining the changes to the out-of-service criteria. The webinar is available to CVSA members through their CVSA member portal. Once logged in, click on the CVSA Learning tab, then click on “Roadside” to view the webinar.

For questions about the criteria, contact CVSA Director of Inspection Programs Kerri Wirachowsky via email or at 202-998-1650.

Clean Freight Coalition Statement on EPA's Proposed Emissions Standards

 Washington, DC…  Clean Freight Coalition Executive Director Jim Mullen issued the following statement  on the U.S. Environmental Protection Agency's newly proposed truck emissions standards: 

“One of the core tenets of CFC’s Mission Statement is the commitment of its members to the transition to zero-emission heavy trucks that will deliver reliable and affordable transportation of the nation’s freight. CFC members are investing billions of dollars to fulfill that commitment and have stood with EPA in support of stringent regulations that have delivered real-world emissions reductions in the heavy-duty truck industry.

“Ensuring a feasible transition to new technologies is our primary goal. An adequate infrastructure, including the power grid and charging stations, and the sourcing of required minerals, are essential to the supply chain as part of the transition to a zero-emission future. Further, regulations must provide the lead time, stability, and certainty that allows for the industry to develop the technology, test in real-world conditions, and minimize downtime and operational disruption.

“Companies represented by members of the CFC are currently producing zero-emission trucks that are being tested in fleets’ actual freight networks. The commitment to the transition to zero-emission heavy trucks is firm. The members of the CFC are uniquely situated to collaborate with the EPA by sharing industry data, case studies, and best practices to ensure that the transition to zero-emission vehicle technology does not have an adverse impact on the nation's supply chain. And candidly, the CFC members see this as their obligation."

Made up of motor carriers of every size and sector, truck manufacturers, and truck dealers, the CFC was launched in on March 23, 2023. Learn more at cleanfreightcoalition.org.

Border Vax Mandate Remains in Effect as U.S. Ends COVID Emergencies

 TORONTO, CANADA… US President Biden signed legislation Monday to end all national COVID related emergencies, which were previously expected to expire on May 11, 2023, but the Canadian Trucking Alliance (CTA) is confirming that the removal of these measures does not include the U.S. border vaccine mandate, which remains in effect for all non-U.S. citizens, including for cross-border truck drivers.

 CTA continues to actively engage with U.S. officials and diplomats on the removal of the vaccine mandate. Other industry representatives, including the American Trucking Associations (ATA), tourism advocates, governors and northern mayors have also been vocal about the removal of the mandate and the need to unify border requirements to the benefit of our sector and cross-border economy. 

 The decision to remove the U.S. border vaccine mandate on foreign nationals remains with the U.S. Center for Disease Control (CDC).

 With the removal of these emergency measures occurring, CTA remains optimistic that the border vaccine mandate will also be removed in the coming weeks.

 CTA will update members when more information becomes available.

ATA Expresses Concerns About Potential Granting of Waiver for California Truck Rules

Washington, DC… The American Trucking Associations expressed grave concerns about media reports that the Environmental Protection Agency may be on the verge of granting the state of California waivers to implement potentially harmful and unrealistic emissions rules.

“Our industry hopes these reports aren’t true. We have worked tirelessly with EPA on aggressive, achievable timelines for emissions reductions over decades.  In fact, a truck in 1988 emitted as much as 60 trucks today – a more than 98% reduction – and we’re committed to the path to zero,” said ATA President and CEO Chris Spear. “If the reports are in fact accurate, let us remind you that this isn't the United States of California. As we learned in the pandemic, the supply chain can be a fragile thing – and its integrity must be preserved at the national level. This decision has little to do with improving the environment, and everything to do with placating the far left of the environmental lobby without regard for the hard-working men and women of our industry or our country who will be left to implement California’s vision for America.

“The state and federal regulators collaborating on this unrealistic patchwork of regulations have no grasp on the real costs of designing, building, manufacturing and operating the trucks that deliver their groceries, clothes and goods, but they will certainly feel the pain when these fanciful projections lead to catastrophic disruptions well beyond California’s borders,” he said.

ATA Applauds Lawsuit Abuse Reform in Florida

 Washington, DC… The American Trucking Associations applauded Florida for enacting House Bill 837—comprehensive legislation to reform the civil litigation system. Governor DeSantis signed the bill into law during a ceremony in Tallahassee after the state senate passed the legislation.

Among other provisions, the new law increases transparency in civil proceedings by curtailing the ability of plaintiffs’ attorneys to introduce fictitious and inflated medical bills at trial. Phantom damages are but one of the tactics used by the plaintiffs’ bar to create a pervasive climate of lawsuit abuse that has sent insurance rates soaring to unsustainable levels, adding a new layer of stress to the supply chain.      

“We mean what we said about lawsuit abuse—enough is enough,” said ATA President and CEO Chris Spear. “When the plaintiffs’ bar perverts civil litigation into a profit center to line their pockets, the costs are borne by everyone—not just trucking companies, but consumers too in the form of higher insurance rates and higher prices for everyday goods.”

Florida follows a growing number of states who have enacted other and similar lawsuit abuse reforms, including Iowa, Louisiana, Missouri, Montana, Texas, and West Virginia. 

 “It is a historic day in Florida,” said Alix Miller, President and CEO of Florida Trucking Association. “For decades, the trucking industry has been driven out of business because unscrupulous attorneys were allowed to take advantage of an unfair judicial system. With the signing of this legislation into law, Florida is taking a major step in shutting down billboard lawyers and strengthening our supply chain and economy.”

“We thank Governor DeSantis, Senate President Passidomo, House Speaker Renner, Representatives Gregory and Fabricio, Senator Hutson, and the Florida Trucking Association for their outstanding leadership,” Spear said. “They have enacted common-sense reforms that restore balance and fairness to the justice system and protect the supply chain from further assault.” 

OOIDA Applauds Bipartisan Bills in Senate, House to Expand Truck Parking

Washington, DC…  The Owner-Operator Independent Drivers Association (OOIDA) announced its strong support for the bipartisan Truck Parking Safety Improvement Act, introduced by U.S. Senators Cynthia Lummis (R-WY) and Mark Kelly (D-AZ), and U.S. Representatives Mike Bost (R-IL) and Angie Craig (D-MN). The bipartisan, bicameral legislation would dramatically increase designated parking for commercial trucks.

The lack of truck parking has been a problem for decades and is only getting worse as capacity has not kept pace with the increasing number of trucks on the roadways. There is currently only 1 parking spot for every 11 trucks, resulting in drivers wasting an average of one hour every day trying to secure parking.

“Most folks probably don’t realize that 70% of American freight is transported by truck, yet incredibly there is only 1 parking spot for every 11 trucks on the road,” said Todd Spencer, President of the Owner-Operator Independent Drivers Association. “When truck drivers don’t have a designated place to park, they end up parking on the side of the road, near exit ramps, or elsewhere. This isn’t safe for the driver and it’s not safe for others on the road. Senator Lummis, Senator Kelly, Representative Bost, and Representative Craig have heard from small business truckers across America and are leading the charge in Congress to improve road safety through expanded truck parking.”

“Wyoming is home to three major interstates that carry thousands of tons of cargo a day. Without safe truck parking, truckers spend an unnecessary amount of time searching for a place to park – putting truckers and Wyoming drivers at greater risk for accidents. This is easily solvable, and I am thankful to Senator Kelly for joining me in finding a commonsense solution,” said Senator Lummis. “People in Wyoming are still feeling the impacts of the supply chain crisis, and unreliable truck parking is another contributing factor to that. Fixing the parking problem will help ease this burden on consumers.”

“The shortage of available and reliable parking for truck drivers puts a strain on truckers, Arizona businesses, and our nation’s supply chain. Our bipartisan legislation will ensure that truck drivers can safely and efficiently move the goods that support our economy. I am grateful for Senator Lummis’s continued partnership on this effort and her commitment to tackling this issue,” said Senator Kelly.

“I grew up in a family trucking business. I understand how difficult, and oftentimes dangerous, it can be when America’s truckers are forced to push that extra mile in search of a safe place to park. By expanding access to parking options for truckers, we are making our roads safer for all commuters and ensuring that goods and supplies are shipped to market in the most efficient way possible. This is a matter of public safety; and I’m committed to do all I can to drive this legislation over the finish line,” said Congressman Mike Bost (R-IL).

“Our truck drivers play a critical role in keeping our supply chains moving and intact – and it’s our responsibility to make sure they are able to do so safely and efficiently,” said Rep. Craig. “Rep. Bost and I are working to pass our bipartisan bill through the House to improve road safety for truck drivers and everyone on the road.”

 “The top reason female commercial drivers leave the industry is because they are concerned about their personal safety,” said Ellen Voie, Founder of the Women In Trucking Association. “Parking areas need to be safe and available for breaks when needed. The Women In Trucking Association supports this legislation because our mission includes addressing obstacles and a safe place to rest is something our members absolutely need and deserve while moving our nation’s goods."

Drivers need the ability to rest in safe places to best operate on America’s roadways. Trucks parked on highway shoulders, exit and entrance ramps, vacant lots, and side streets create an immediate safety hazard for truck drivers and other roadway users. Additionally, the time drivers waste finding safe parking is time not spent getting goods to their destination, slowing the supply chain and raising the costs for consumers. Expanding truck parking capacity will improve road safety and supply chain efficiency.

The Truck Parking Safety Improvement Act would invest hundreds of millions of dollars in the creation of new truck parking spaces. Funding would be awarded on a competitive basis and applicants would be required to submit detailed proposals to the U.S. Department of Transportation. The primary focus would be to construct new truck parking facilities and convert existing weigh stations and rest areas into functional parking spaces for truck drivers. The Truck Parking Safety Improvement Act was introduced in the 117th Congress and unanimously passed the House Committee on Transportation and Infrastructure.

FMCSA has removed ALL-WAYS TRACK, LLC.’s All-Ways Track ELD from the list of Registered Electronic Logging Devices (ELDs)

On March 27, 2023, FMCSA removed the following ELD from the list of registered ELDs due to the company’s failure to meet the minimum requirements established in 49 CFR part 395, subpart B, appendix A. 

ELD Name: All-Ways Track 

Model number: AWT01 

ELD Identifier: AWTELD 

ELD Provider: ALL-WAYS TRACK, LLC. 

This ELD now appears on FMCSA’s Revoked Devices list.

Motor carriers and drivers who use the ELD listed above must take the following actions:

1. Discontinue using the revoked ELD(s) and revert to paper logs or logging software to record required hours of service data.

2. Replace the revoked ELD(s) with compliant ELD(s) from the Registered Devices list before May 26, 2023.

Motor carriers have up to 60 days to replace the revoked ELDs with compliant ELDs.

Motor carriers and drivers who continue to use the revoked All-Ways Track ELD listed above on or after May 26, 2023 will be in violation of 49 CFR 395.8(a)(1)—“No record of duty status” and drivers will be placed out-of-service (OOS) in accordance with the Commercial Vehicle Safety Alliance (CVSA) OOS Criteria.

If the ELD provider corrects all identified deficiencies, FMCSA will place the ELD back on the Registered Devices list and inform the industry and the field. However, FMCSA strongly encourages motor carriers to take the actions listed above now to avoid compliance issues in the event that these deficiencies are not addressed in time.

Questions? Contact [email protected].

HOW TO Know if You Need Operating Authority, an Overview for New Applicants

The FMCSA Registration Office is pleased to share its latest video on the "HOW TO series": "HOW TO Know if You Need Operating Authority, an Overview for New Applicants". This resource explains what you may need to obtain interstate operating authority along with your USDOT number. Throughout, as a new applicant you will learn how to make a decision depending on the type of business you operate, what you transport, and if you receive payment for transporting property, passengers, or household goods, or arranging for the transportation of property or household goods.

While FMCSA oversees safety compliance for motor carriers operating in interstate commerce, you will need Operating Authority to carry out certain operations or transportation services your business offers.  The type of operation your company runs, where your vehicles operate, and the cargo you carry (or handle whether you transport it directly or arrange for its transportation) helps determine what type of Operating Authority you need before you can conduct business.

The FMCSA Office of Registration is developing future videos which describe the different types of operating authority, including motor carriers of property, passengers, and household goods, as well as brokers and freight forwarders.

Through this video and future resources, we aim to simplify the process for applicants and prepare them to operate safely. You can also watch this latest video on YouTube.

Stay tuned for more "HOW TO series" videos!