The trucking industry, through the American Trucking Association (ATA), submitted a petition to the U.S. Department of Transportation (DOT), requesting a determination that the state of California’s meal and rest break rules are pre-empted by federal law. In response, 19 Democratic members of the House of Representatives and the Senate have “strongly” urged the DOT to deny said petition.

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According to the U.S. federal government statistics, over 4,300 people have been killed in crashes involving tractor-trailers and other large trucks in 2016, which is a 28 percent increase over 2009. Fatal truck crashes are growing at almost three times the rate of deadly crashes overall in the U.S. For years, the National Transportation Safety Board (NTSB) has supported life-saving legislation that would require all heavy trucks to be equipped with crash-avoidance technology.

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On August 21, 2018, the Federal Motor Carrier Safety Administration (FMSCA) announced that it has commenced a rulemaking process that is aimed at reforming specific areas of the current hours-of-service regulation. The hours-of-service (HOS) regulation was enacted to limit the total operating hours a commercial truck driver works on duty. The FMCSA will be examining four areas of the existing regulation. Once decided, the new rules, will be published as an Advanced Notice of Proposed Rulemaking.

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The Federal Motor Carrier Safety Administration (FMCSA) passed a new rule which requires truckers to install an electronic logging device (ELD) to record the number of hours they are on or off the road. These ELDs must be installed by April 1, 2018. Ahead of this deadline, the FMSCA granted agricultural truckers a second 90-day extension on ELD compliance.

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A USA Today Network investigation revealed that some port trucking companies have used legal loopholes, shell companies, and bankruptcies to escape judgments by labor court judges. The ongoing investigation reveals that some port trucking companies serving top retailers use such tactics to take advantage of drivers.

The investigation examined California labor commissioner and court cases filed by more than 1,100 port truck drivers. Of the almost 60 companies found to have violated the law, at least 12 have avoided the judgments against them by shifting assets into new business names. Some delayed paying and filed for bankruptcy protection or pressured drivers to accept settlements.


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The Federal Motor Carrier Safety Administration (FMCSA) has withdrawn a proposed rule revising its method for determining the safety fitness of motor carriers. The notice of proposed rulemaking, issued on Jan. 21, 2016, set forth a new methodology for evaluating whether a motor carrier is not fit to operate commercial motor vehicles. The new methodology would have determined when a motor carrier is not fit to operate commercial motor vehicles in or affecting interstate commerce based on the carrier’s on-road safety data; an investigation; or a combination of on-road safety data and investigation information.

FMCSA’s proposal sought to replace its current three safety fitness ratings — “satisfactory,” “conditional,” and “unsatisfactory” — with just one rating, “unfit.” However, that idea was challenged by some industry groups, including the National School Transportation Association (NSTA). The NSTA stated that the current safety fitness rating system aligns well with the safety culture within the school transportation industry. NSTA raised concerns that the proposed new system would leave a safe carrier unrated, offering limited guidance on the safety record of the carrier and causing potential confusion among carriers, law enforcement, and the public.


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The Obama administration today is proposing training standards for entry-level commercial truck and bus operators, as mandated by Congress as part of MAP-21.

In a statement, Transportation Secretary Anthony Foxx called it a “major step towards ensuring that commercial vehicle drivers receive the necessary training required to safely operate a large truck or motorcoach.”

Specifically,

Yesterday, December 2, 2015, Congress released a report detailing the results of the bicameral agreement reached concerning the terms of the surface transportation reauthorization bill commonly known as the “Drive” Act or the “FAST Act” (“Fixing America’s Surface Transportation”). The original House and Senate proposals for the Act included a number of anti-safety provisions which

12/3/15 Update: “The FAST Act” Still Contains Anti-Safety Provisions

Members of the United States Congress are currently negotiating the final language of a transportation bill known as “the DRIVE Act.” This legislation will have a major impact on everyone using our nations’ roadways in the years to come.

The terms of the Act have been a subject of debate for some time now, and certain anti-safety provisions (such as the proposed increase in the maximum weight limit for commercial trucking) have been defeated. However, the current legislation still contains numerous provisions that must be removed because they present a threat to the health and safety of the public. Some examples include:


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On February 18, 2015, I wrote about a New York City-area scheme where three individuals helped as many as 500 people cheat on the Commercial Driver’s License (“CDL”) test. More recently, a multi-agency investigation in Florida has uncovered a similar scheme involving a commercial truck driving school. The Department of Transportation’s Office of the Inspector General, the FBI, Homeland Security and the Florida Highway Patrol joined forces to uncover the plot, which enabled unqualified drivers to receive CDLs. Ellariy Medvednik, Natalia Dontsova, Adrian Salari and Clarence Davis were all charged in connection with the investigation. These people were affiliated with Larex, Inc., a commercial truck driving school that marketed itself to Russian-speakers online.
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