The Biden administration began 2022 by rolling out its National Roadway Safety Strategy, a U.S. Department of Transportation-wide initiative aimed at addressing rising injuries and deaths involving cars and trucks.
The Federal Motor Carrier Safety Administration — and Congress — is expected to advance regulatory and legislative policy that either directly or indirectly attempts to tackle the problem.
Truck parking
With Republicans taking control of the House, a divided government will make it more difficult to pass many types of legislation next year. But legislation setting up grants to expand truck parking has gained momentum over the last two congressional sessions and that momentum is expected to continue, particularly after the Senate introduced companion legislation earlier this month.
Truck parking bills, like all bills that didn’t progress in the current Congress, will have to be reintroduced. But truck parking advocates — which includes large and small carriers as well as shippers and other supply chain participants — will be looking to build on recent progress.
Speed limiters
A notice of intent issued this year by FMCSA to propose in 2023 electronic engine devices to set and limit truck speeds have truckers on high alert.
The notice of FMCSA’s intent alone generated more than 15,000 responses, and at least that many is expected once the actual proposal is issued. Most came from independent owner-operators and small trucking companies that are adamantly against it, arguing that the crash safety benefits touted by safety groups are undercut by accidents caused by cars and trucks traveling at different speeds. Large trucking companies and some safety groups, on the other hand, support a 70 mph limit.
Broker oversight
FMCSA is trying to crack down on illegal brokers by attempting to clarify differences between brokers, bona fide agents and dispatch services through interim guidelines unveiled in November. Congress wants FMCSA to finalize those guidelines no later than June 16, according to a congressional directive that accompanied the fiscal year 2023 spending bill. The directive also requires FMCSA to identify safety concerns arising from unlawful brokerage activities.
The focus on brokerage activities comes as reports of double brokering and other illegal brokerage activities persist. “We’re hearing more and more about this from our members,” Lewie Pugh, executive vice president of the Owner-Operator Independent Drivers Association, told FreightWaves. “Broker fraud is really taking off. We try to tell truckers to try to get their loads directly from a trusted broker load board to help ensure they’re legitimate.”
Overtime pay
Another set of companion bills in the House and Senate — the Guaranteeing Overtime for Truckers Act — will be expiring before the new Congress opens in January. But the legislation, which would require trucking employers to pay drivers overtime (the Fair Labor Standards Act currently exempts them from having to do so for many drivers), remains a priority for OOIDA.
The Biden administration also backs the measure. It recommended repealing the FLSA exemption in a supply chain vulnerability report released earlier this year.
Wireless IDs
The FMCSA plans to follow up on a proposed rulemaking to outfit all trucks with a “unique ID” with the goal of making inspections more targeted and efficient using wireless technology.
The proposal as written is highly controversial among all sectors of trucking, with security and cost issues high among concerns, based on over 1,000 initial responses. FMCSA is also considering allowing the new ID system to broadcast information such as hours of service, CDL compliance and medical certification. Such a requirement “would take a disastrous toll on the supply chain,” according to one respondent, who asserted that making public such sensitive information could cause many drivers to leave the industry.
Truck size/weight
Increasing federal truck size and weight limits has been a priority for years for shippers and carriers such as UPS and FedEx, and a renewed push for changes is expected in 2023.
“The ask isn’t anymore to just run heavier trucks on every road and bridge, it’s to take lessons learned and make changes — even from the pandemic, where there were certain temporary authorizations given to states to allow for heavier trucks without any corresponding safety impacts,” Tom Madrecki, Consumer Brands Association’s (CBA) vice president of supply chain and logistics, told FreightWaves.
CBA and others are asking for the launch of a 10-state pilot project to allow heavier weights to operate on the federal interstate system within the particular state. Madrecki noted that many of his association’s members also want to see their carrier partners reducing emissions, and running heavier, more efficient trucks can help.
“This is something that was debated during the recent transportation reauthorization but was left on the cutting room floor. It’s time for Congress to just put it forward and get it done,” he said.
Autonomous trucks
FMCSA has a long-awaited proposed rule on automated driving systems (ADS) penciled on its calendar for January, but industry insiders believe this date will pass without a Federal Register notice.
“It’s a major rulemaking, and the agency tends not to come out with major rulemakings at the beginning of the year — especially with a new Congress being seated and the party change [in the House],” a former DOT official told FreightWaves. “You don’t want to sandbag the new incoming Congress that has oversight authority over FMCSA and DOT.”
But a rulemaking covering how ADS affects truck operations, inspection, repair and maintenance is expected at some point in 2023, and Jeff Farrah, executive director of the Autonomous Vehicle Industry Association, is anxious to build on progress made in 2022 from a policy perspective.
“We are going to have to take the next step in 2023 to make sure doing things like rulemakings to remove any perceived issues with ADS, as well as build momentum towards federal legislation,” Farrah told FreightWaves. “We see a moment in time where there’s a lot of interest on Capitol Hill for AVs, and that has been increased as you see level IV vehicles around the country being deployed in Congress members’ districts and states. We want to capitalize on that and move legislation.”
Restroom access
Another bill introduced late in the congressional term, the Bathroom Access Act, adds language to federal law that would require businesses and ports to make their restrooms available to truck drivers. The bill is based on legislation passed earlier this year in Washington state.
Shippers and other trucking customers are recognized regularly as “shippers of choice” for how they treat drivers, including providing bathroom access. But the lack of that access persists and the trucking industry, particularly owner-operators, believe such access should not be provided only voluntarily. “It’s one of our top priorities for 2023,” OOIDA’s Pugh said.
Infrastructure funding
Grant funding from the bipartisan infrastructure bill signed in 2021 will continue to benefit trucking in 2023 as supply chains continue to strengthen after being overwhelmed by the effects of the pandemic. While some committees in the now Republican-led House have threatened to block some of the administration’s social justice and climate-oriented priorities associated with the funding, “I believe we’re going to see the money fund projects that will continue to alleviate backlogs we’ve seen, particularly at the ports,” Dan Abrahamsen, CEO and founder of Cover Whale, a commercial trucking insurance company, told FreightWaves.
“Easing supply chain congestion at a port in California provides benefits far beyond California,” so investments that improve and expand gate operations are less likely to be hung up by politics, he said.
Stephen Webster
We need hourly overtime pay based on a tired wage based on yrs of experiance and the # of yr without a at fault accident with injuries or over $20,000 damage U S
We also need 1 hr of P C / day to find safe parking at the overtime rate of $36 U S / hr if no safe parking when unloaded at receivers
James Miller
The people, the government and the UNUNITED STATES OF AMERICRAP ARE THE LAUGHING STOCK OF THE WORLD.
James Miller
Oh I might point out that the politically correct police have to approve what you wrote put their stamp of approval upon your message before it can be deemed proper so as not too offend anyone.
James Miller
These SCUMBAG LEGISLATORS, are constantly railing about truck safety, yet everytime the put their hand in our cookie jar it comes up empty because they have absolutely no clue what goes on in our world. Its mighty funny that when the fake pandemic came out, we were ESSENTIAL and oh we live our truck drivers, their what keeps America MOVING. Now its back to business as usual and truck drivers are 4th class citizens again.
The sad truth is same with THE FAKE VIRUS and THE DEATHDARTS KILLING PEOPLE, its all about POPULATION CONTROL.
Don’t do anything about these foolish automobile drivers as in addressing proper driver education and rules of the road , and this goes for many many incompetent truck drivers with little or no experience, who don’t realize that their trucks were manufactured with TURN SIGNALS, who know nothing about PASSING ROOM and on and on and on.
Keep screwing with drivers and keep bringing in foreigners who wear sandals and towels on their heads and you will surely get what you asked for, driving the American driver out of the drivers seat. QUESTION IS, WHEN ARE DRIVERS GOING TO DECIDE WHEN ENOUGH IS ENOUGH. We spend countless hours away from home, eating noting but junk food because there are so few real restaurants, run all kinds of different hours an all kinds of weather, and deal with the stress and anxiety of ignorant drivers all the while trying to complete our destination.
I challenge any SORRY POLITICIAN to put up with what we do on a daily basis, otherwise keep your hands out of our proverbial cookie jar AND STICK IT UP YOUR ASS. THAT GOES FOR ALL POLITICIANS DEMONCRAT AND REPUBLICANS, YOUR ALL ON THE SAME SIDE AT THE END OF THE DAY, ITS ALL ABOUT YOU LEVYING AND LORDING YOUR POWER OF YOUR POSITION OVER ALL OF AMERICA’S HEADS. YOU GREEDY BASTARDS NEED TO VOTE IN TERM LIMITS. OUT WITH THE OLD IN WITH THE NEW.
I’M JAMES A. MILLER AND I APPROVE THIS MESSAGE. PAID FOR BY JAMES A. MILLER FOR PRESIDENT 2024
Kelly S Jackola
FMCSA was a good idea for the transportation industry but has gone over the top wanting to broadcast medical information from our trucks, and putting speed limiters on our trucks. This is all about the big corporations taking control of the industry. The FMCSA should take control of the big companies and their truck driving schools TESTING AND TRAINING as this is where most of the safety problems reside. Small companies don’t have people to watch for and begin NEW legislation on new mandates that adversely affect small companies. I like ELD but when Deric Leathers and others went to congress to mandate them they didn’t think about the fact it puts everybody on the road at the same time and PARKING at the same times. Look at the whole stair case not just the step you’re on!
Morris
If we got to have speed limiter car should to. You all are putting some many laws on trucker no wonder company can’t hire driver Nobody wants to be in jail driving a truck
Adam Olszewski
What is going on I am truck driver 28 years I so stupid block speed this is not safe
Richard M Rehmer
The greatest safety risk to American truckers is the FMCSA itself hand down. FMCSA is not about safety. It is, in fact, only about control over trucks. Anyone who thinks differently is simply caught up in the move of the government to control our every move. I am still wondering, after being in this world for 75 years, where the America I grew up in has gone and why Americans are letting us turn into an out-and-out third-world country that is being laughed at by every nation that uses respect and fear this country