The Department of Transportation has released an updated Significant Rulemaking Report signifying potential publication dates for rulemakings by DOT agencies, and notably absent from the new report is a rulemaking on brokered-freight transaction transparency from the Federal Motor Carrier Safety Administration, which had been included in the previous report. The Owner-Operator Independent Drivers Association, whose petition in part spurred FMCSA to pursue action on broker transparency in the first place, was not overly concerned about the exclusion of the rulemaking in the new report. "Our understanding is that this is not unusual and that not all proposals go on these types of reports," said OOIDA Director of Public Affairs Norita Taylor. "We still are disappointed about the delay to October of this year and will continue to communicate all concerns about issues pertaining to brokers." FMCSA has not yet responded to an inquiry from Overdrive regarding the agency's intentions to continue pursuit of the rule. The previously scheduled action item was a response to separate petitions from OOIDA and the Small Business in Transportation Coalition to potentially provide greater transparency in brokered freight transactions. OOIDA petitioned FMCSA to require brokers to provide an electronic copy of each transaction record automatically within 48 hours after the contractual service has been completed, and explicitly prohibit brokers from including any provision in their contracts that requires a motor carrier to waive its rights to access the transaction records. SBTC requested that FMCSA prohibit brokers from coercing or otherwise requiring parties to brokers’ transactions to waive their right to review the record of the transaction as a condition for doing business, as well as to adopt regulatory language indicating that brokers’ contracts may not include a stipulation or clause exempting the broker from having to comply with the transparency requirement. [Related: Carriers' right to review what the shipper paid for a brokered load] Notably, the first public indication the agency would move on these issues with rulemaking came via a letter delivered almost a year ago to OOIDA and signed by then-FMCSA Administrator Robin Hutcheson. Hutcheson and FMCSA announced her resignation from that post just more than a week ago. On the other side of the transparency issue, the Transportation Intermediaries Association representing brokers has vowed to fight any proposal that would change broker transparency regulations, with TIA President and CEO Anne Reinke calling such a change “rate intrusion,” adding that it would drive rates down. Last year, FMCSA denied TIA's 2020 petition to remove the 49 CFR 371.3(c) transparency regulation entirely. FMCSA’s previous timeline for the rule’s publication was Oct. 31, 2024. Now, the rule isn’t listed in the report at all. [Related: Brokered freight transparency: Weigh in via this snap survey] Speed limiter rulemaking now expected in MayThe report also indicated that FMCSA now expects to publish its supplemental notice of proposed rulemaking (SNRPM) on a motor carrier-based speed limiter mandate in May of this year The previous rulemaking report published in September -- which first listed the maximum speed for the mandate at 68 mph before the agency backtracked to remove a specific speed -- indicated the speed limiter proposal would be published in December 2023. FMCSA said its new proposal will require motor carriers operating trucks equipped with an electronic engine control unit (ECU) capable of governing the truck’s maximum speed to limit the truck to a speed as determined by the rulemaking and maintain that ECU setting for the service life of the truck. The new SNPRM would supersede FMCSA’s joint proposal with the National Highway Traffic Safety Administration, which was made in 2016. [Related: 68 mph? FMCSA backtracks after ‘inaccurate’ reveal of speed-limiter intentions] Other regs in play on the calendarMotor carrier operation of automated driving system-equipped vehicles. FMCSA plans to publish in March a notice of proposed rulemaking (NPRM) to amend regulations to ensure the safe introduction of automated driving systems-equipped trucks onto the nation's roadways. The proposed changes to the operations, inspection, repair and maintenance regulations will be intended to prioritize safety and security, promote innovation, foster a consistent regulatory approach to ADS-equipped vehicles, and recognize the difference between human operators and ADS, the agency said. [Related: Will autonomous trucks displace drivers? Congress holds hearing on impacts] Automatic emergency braking. The joint final rule from NHTSA and FMCSA to propose to require automatic emergency braking (AEB) systems on trucks is still expected to be published in April -- the same timeline as the previous rulemaking report released in September. The proposed AEB rulemaking, as released last year, would require heavy commercial vehicles with FMVSS-required electronic stability control systems to be equipped with an AEB system. [Related: Are FMCSA and NHTSA skirting Congressional directive with AEB proposal?] New-entrant knowledge test. An SNPRM that would require a new-entrant knowledge test is also still set to publish by its previously proposed date -- July 2024. The rulemaking would consider methods for ensuring a new applicant carrier is knowledgeable about the applicable safety requirements before being granted New Entrant authority. The agency is considering whether to implement a proficiency exam as part of its revised New Entrant Safety Assurance Process, as well as other alternatives. Safety rating revamp. Toward the end of last summer, FMCSA released an advance notice of proposed rulemaking (ANPRM) to gather feedback on potential changes to its carrier safety rating system, dubbed its “safety fitness determination” rule. The agency is now planning to release a notice of proposed rulemaking (NPRM) by July 2025, giving the agency potentially 18 more months before the rule’s publication. FMCSA said its rulemaking will seek information on how it might use data and resources more effectively to identify unfit motor carriers and to remove them from the nation's roadways. FMCSA would seek public comment about the use of available safety data, including inspection data, in determining carrier fitness to operate. The agency would also seek public input on possible changes to the current three-tier safety fitness rating structure. The action would also include a review of the list of Federal Motor Carrier Safety Regulations (FMCSRs) that the agency uses in its safety fitness rating methodology. [Related: FMCSA making a run at revamp to carrier safety rating system] NHTSA equipment rules. The National Highway Traffic Safety Administration also has rulemakings in the works that will impact heavy-duty trucks. One such rule pertains to fuel efficiency and greenhouse gas standards that the agency is working on in concert with the Environmental Protection Agency. An NPRM is expected to be published in August related to efficiency standards for medium- and heavy-duty engines and vehicles. NHTSA has also been working on a rulemaking to require side underride guards on trailers. The agency last year published an ANRPM seeking feedback on the benefits, costs and other impacts of side underride guards. The new rulemaking report does not list a date for the publication of an NPRM. Instead, the next date listed is October 2024 for “analyzing comments.” [Related: NHTSA underride committee sets next four meetings] https://ift.tt/AudE5QB
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Trucking news and briefs for Monday, Jan. 29, 2024: Trucks barred from I-20 construction zone in LouisianaThe Louisiana Department of Transportation and Development and Louisiana State Police last week issued a reminder that large commercial motor vehicles are currently prohibited from traveling through the construction zone on I-20 in Bossier City. Numerous recent crashes involving 18-wheelers have forced the closure of a portion of I-20, which is already reduced to one lane in the rehabilitation zone from Hamilton Road to Industrial Drive. These closures often last for several hours as the operations required to remove these vehicles are extensive, significantly impacting traffic flow in the region, DOTD said. Additionally, these incidents can impede construction progress. Since the major reconstruction project started in September 2023, DOTD and LSP have urged both motorists and truck drivers to utilize the primary detour of I-220. In December 2023, the decision was made to prohibit large commercial motor vehicles from traveling through the work zone, as phase 2 of construction included concrete barriers and more narrow bridge crossings. The ban was enacted with the safety of all motorists in mind, as well as with the goal of ensuring progress can continue to be made on the project itself, the agencies added. Since then, LSP has issued more than 200 warnings and citations to drivers who have disregarded the numerous signs informing motorists that trucks are prohibited on I-20 and to use the I-220 detour. [Related: Highway safety PSAs fit for our four-wheeled friends] Truck parking funding legislation picks up more supportA bill introduced in both chambers of Congress has continued to gain bipartisan support. The Truck Parking Safety Improvement Act is now up to 14 co-sponsors in the Senate and 41 co-sponsors in the House of Representatives. Sen. Bob Casey (D-Pennsylvania) is the latest Senator to sign on in support of the legislation, while Reps. Donald Davis (D-North Carolina) and Deborah Ross (D-North Carolina) each joined as co-sponsors to the House version this month. The bill was introduced in both the Senate and House in March 2023 and would provide $755 million in competitive grant funding to expand commercial truck parking capacity across the country. The Senate version has seen no action since its introduction. The House version was passed by the Committee on Transportation and Infrastructure in May, but has yet to see action on the full House floor. [Related: How to fight for your right to park the truck] New Mexico launches Truck Parking Availability SystemThe New Mexico Department of Transportation (NMDOT) has completed a $2.7 million truck parking initiative, unveiling the state’s first Truck Parking Availability System (TPAS), which the department called “a critical tool to enhance safety for truck drivers traveling the 164 miles of Interstate 10 in New Mexico.” Truck drivers can now use electronic road signs and the state’s 511 system to locate available parking at all six rest areas along I-10 in New Mexico, including the east and westbound Lordsburg Welcome Centers, westbound Anthony and Gage rest areas, and the eastbound Yucca and Las Cruces rest areas. The state will also work with mobile app developers to integrate truck parking information into various trucking apps. According to a poll conducted in 2020 by the I-10 Corridor Coalition, 78% of truckers spend more than 30 minutes searching for safe parking. The lack of safe parking often leads to many drivers parking on shoulders, ramps, or other dangerous places, NMDOT noted. [Related: Ice Pick Bandit strikes multiple times in two nights in Georgia, Florida] “NMDOT is excited to implement this first of its kind system in New Mexico and is committed to finding and implementing technology to support safety on our highways,” NMDOT Cabinet Secretary Ricky Serna. The project is part of the I-10 Truck Parking Availability System (TPAS) initiative, partially funded by a $6.85 million U.S. DOT grant and matched 1:1 by the I-10 Coalition states to provide truck drivers and dispatchers with real-time truck parking information on I-10 in Texas, New Mexico, Arizona and California. When fully implemented in 2025, TPAS will provide truck drivers with information on more than 550 parking spots at 37 public rest areas along I-10 in all four states. International recalling medium-, severe-duty trucksNavistar is recalling nearly 300 severe- and medium-duty trucks for an issue related to the seat belts, according to National Highway Traffic Safety Administration documents. The recall affects approximately 297 model year 2024 International HV and MV trucks. In the affected units, the driver's seat belt tether bolt may not be properly seated in the anchor, causing a bind at the anchor point, which could result in the seat belts not restraining drivers as intended. Dealers will inspect and replace the seat belts as necessary, free of charge. Owner notification letters are expected to be mailed March 18. Owners can contact Navistar customer service at 800-448-7825 with recall number 24501. NHTSA’s recall number is 24V-026. https://ift.tt/AudE5QB Police in Albuquerque, New Mexico, in the wee hours of Thursday morning said they shot and killed "a man who was causing a disturbance and threatening people with a gun at the Love’s truck stop near I-40 and 6th St, NW." "This morning at about 2:42 officers from our Valley area command were dispatched" to the Love's on 6th street in Albuquerque, said Police Chief Harold Medina in a statement to the press. "APD was receiving several phone calls referencing an individual who was armed with a handgun" and threatening several others. With APD officers en route, a security guard fired a shot at the suspect, according to Medina. "We have great video from our real time crime center showing the individual was in the street, pointing the firearm" at passing vehicles, including a tractor-trailer. "At one point in time, or possibly two points in time, he actually threw the firearm at vehicles as it seems in frustration as they had moved to elude him," Medina continued. Following the suspect by video surveillance, police watched him continue southbound and "throw rocks at power transformers." After these displays, however, things took a tragic turn. "We will have video of when the individual started to pose at distance and walk towards officers, starting to point the firearm at officers," he continued. At that point "at least one" officer "discharged their service rifle," killing the suspect. The violent scene in Alburquerque follows an uptick in cargo theft and crimes, as well as the recent killing of truck driver David White at a truck stop in Nashville. The full press statement from Chief Medina below:
https://ift.tt/ELOPsu4 Trucking news and briefs for Friday, Jan. 26, 2024: DOT announces $300M in grants for truck parkingThe U.S. Department of Transportation on Thursday announced more than $4.9 billion in funding for infrastructure projects from two federal grant programs. The Infrastructure for Rebuilding America (INFRA) grant program funding for the latest round included more than $300 million for five truck parking projects across the country. “When truckers don’t have a safe place to park, we are put in a no-win situation,” said Todd Spencer, president of the Owner-Operator Independent Drivers Association. “We must either continue to drive while fatigued or out of legal driving time, or park in an undesignated and unsafe location like the side of the road or abandoned lot. It forces truck drivers to make a choice between safety and following federal hours-of-service rules.” The five truck parking projects that are receiving funding are:
[Related: 'Potential adverse safety impacts': Speed limiters, truck parking discussed in Senate hearing] I-70 closed this weekend in Columbus, OhioThe Ohio Department of Transportation will close I-70 in both directions this weekend in Columbus for bridge beam setting as part of a larger construction project. The closure will be in place between State Route 315 and I-71 from 10 p.m. Friday, Jan. 26, through 5 a.m. Monday, Jan. 29. Drivers headed eastbound on I-70 are encouraged to use I-670 eastbound to I-71 southbound to I-70 eastbound as a detour. Westbound drivers should use I-71 northbound to I-670 westbound to SR 315 southbound to I-70 westbound. Firestone Airide's remote/smartphone functionality for adjusting air helper springsFirestone Airide introduced this month its Firestone Air Command dual-path control for air helper springs. Air Command allows users to control air helper springs wirelessly from either a new physical remote or smartphone app for iOS and Android and is designed to help make towing and hauling easier, safer and more comfortable. “With remote and app-based wireless dual-path controls, and robust product offering, Airide will change the way people think about towing and hauling,” said Justin Monaghan, President, Firestone Airide. Live system monitoring and adjust-on-the-fly capabilities are just a screen tap away, including single- and dual-path controls. When properly optioned with dual-path control, Air Command can inflate left- and right-hand air helper springs individually, helping to level out uneven loads. Leveling out the vehicle’s suspension while towing, reducing sag, has more than visual benefits. Leveling the suspension helps increase steering control, levels headlights, enhances ride comfort, balances heavy loads, prevents cargo from bottoming out, and can add trailer braking efficiency. Air Command is designed to complement air helper springs for most half, three-quarter, and 1-ton trucks, SUVs, vans and Class A RVs. In addition to the new dual-path Air Command remote controls, customers also have access to single-path remote and app controls. Easy, no-drill installation is available at any of the 700+ authorized Airide installers in North America. [Related: Hotshot trucking retains its fundamental allure] https://ift.tt/UJ0N4WQ 1/26/2024 0 Comments Seeing double: California bill mandates speed limiters side underride guards for trucksA California state senator has introduced legislation that includes two provisions that would impact truckers and equipment manufacturers based and/or doing business in the state. Senate Bill 961, introduced by California Sen. Scott Wiener (D-San Francisco) on Jan. 23, would require that every vehicle -- passenger vehicles, “motortrucks” and buses -- manufactured or sold in the state be equipped with speed limiters that prevent the driver from exceeding the speed limit by more than 10 miles per hour. Speed limiters under the bill would "only be capable of being temporarily disabled by the driver of the vehicle.” The requirement would begin with the 2027 model year, should the bill pass and be signed into law. Emergency vehicles would be exempt from the requirement. In addition to speed limiters, the bill would also require every “motortruck, trailer, or semitrailer” with a gross vehicle weight rating over 10,000 pounds that is manufactured, sold or registered in California to be equipped with side underride guards. It would also require drivers of these vehicles “to conduct regular inspections of side guards for damage and functionality and to repair or replace damaged units as necessary.” [Related: Side underride guard mandate: Rail disaster waiting to happen?] The bill defines side guards as a “lateral protection system” that provides “crash protection for a midsize car to prevent the intrusion of the occupant survival space when struck at any location and from any angle [at] any speed up to 40 miles per hour.” The guards would also be required to cover and protect “any exposed space between the front and rear wheels” of the included vehicles. Both speed limiters and side underride guards, of course, are also under the microscope with potential mandates for carriers and manufacturers at the federal level. The Federal Motor Carrier Safety Administration is set to publish a rulemaking proposal at any time to require speed limiters on heavy-duty trucks. Likewise, the National Highway Traffic Safety Administration last year published an advance notice of proposed rulemaking, signaling it will forge ahead with rulemaking that would require trailers be equipped with side underride guards. [Related: FMCSA Administrator grilled in Congress over speed-limiter mandate pursuit] https://ift.tt/UJ0N4WQ Trucking news and briefs for Thursday, Jan. 25, 2024: Samsara suing Motive over alleged patent infringementA popular tech provider in the trucking industry has filed suit against a competitor, alleging intellectual property theft. San Francisco-based Samsara, which provides ELDs, telematics, safety cameras and more, claims fleet management provider Motive Technologies Inc. has engaged in illegal conduct that includes patent infringement and false advertisement. Samsara is asking the court to enter judgment recognizing Motive’s infringement of the company’s patents covering several of its solutions in fleet management and driver safety included within Samsara’s telematics, video-based safety and sustainability solutions, to permanently stop Motive’s conduct. The company is also requesting the court order Motive to compensate Samsara for its losses and damages under state and federal law. Samsara Founders Sanjit Biswas and John Bicket said via statement that prospective customers would remark how similar Motive’s products appeared to Samsara's in terms of form and functionality. That escalated, the pair claimed, into "Motive deploying misleading marketing campaigns and sales tactics, which led us to take a closer look." [Related: Trucking's State of Surveillance: Special report] The lawsuit, filed in a Delaware federal court, states that Motive -- formerly known as KeepTruckin -- based much of its product line and even its business strategy on routinely stealing Samsara’s technologies and fraudulently accessing Samsara’s platforms. The filing asserts that Motive illegally accessed Samsara’s platform, copied Samsara’s marketing materials and made unsubstantiated advertising statements. Motive Co-Founder and CEO Shoaib Makani said in a statement Thursday to Overdrive sister publication CCJ that "Samsara’s allegations and associated campaign against Motive are meritless. They are a result of Samsara’s inability to develop competitive AI technology and the fact that they are losing customers, especially large enterprise accounts, to Motive. This courtroom tactic is an attempt to limit competition and we will fight these baseless accusations to the fullest extent." Read the full report from Overdrive sister publication CCJ. [Related: When ELD data sharing provides too much insight] Eaton Endurant XD transmission now available in certain InternationalsEaton Cummins Automated Transmission Technologies has announced its Endurant XD series automated transmission is now available in select International truck models in North America. As part of the Cummins integrated powertrain, Endurant XD and Endurant XD Pro paired with the Cummins X15 engine are now available in the International LT and HX models. The Endurant XD series are all-new, purpose-built, 18-speed automated transmissions designed for on-highway applications with high gross combined weight ratings, such as double- and triple-trailer trucks, and vocational applications operating in harsh environments. “For International fleets, the Endurant XD series delivers the capability, efficiency and uptime they demand,” said Dave Karnes, vice president of sales, Eaton Cummins. The Endurant XD series offers low-speed maneuverability and optimized software that makes smart shifting decisions, the company said. It includes new Performance Goals to control transmission shift points and other features, up to six reverse gears, and a comprehensive suite of GearLogic features that improve efficiency and performance. Atlas Van Lines agent re-joins company's networkAtlas Van Lines and the Suddath Companies announced that Suddath Moving & Storage LLC is re-joining Atlas's network. That means Atlas Van Lines will grow its footprint in household goods moving and storage. Atlas Van Lines, the largest subsidiary of Atlas World Group, is owned by its Agents, providing household relocation moving services and specialized transportation of high-value items. Suddath, headquartered in Jacksonville, Florida, has been a respected name in relocation services, serving corporate, military, and B2C customers domestically and internationally, the companies said. Combined, they hold more than 100 years of experience, a wide breadth of services, and advanced technology. With 15 locations and an extensive domestic and global partner network, Suddath provides national and global reach. Its footprint in Texas is bolstered by its Daryl Flood Moving & Storage brand, with more than 40 years of moving experience in Texas. Through the partnership, Suddath will build on its current customer base, the companies said. “Household goods continues to be a critical part of Suddath’s core business, and partnering with Atlas will help us accelerate our growth strategy, especially in the corporate, B2C, and military relocation segments,” said Mike Brannigan, President and CEO of the Suddath Companies. Atlas and Suddath have a long history together. Suddath was a key Atlas Agent and stockholder partner from 1950 to 1981. Suddath’s return to Atlas was a logical decision for both organizations, they said. “Suddath coming home to Atlas brings two highly regarded brands back together in the moving industry and further positions Atlas as an industry-leading van line,” said Jack Griffin, Chairman and CEO of Atlas World Group. Trucker recognized for helping extinguish car fireEric Melo, from St. Thomas, Ontario, Canada, has been named a Highway Angel by the Truckload Carriers Association for stopping to help the occupants of a car that was on fire, and extinguishing the blaze. Melo drives for Mill Creek Automotive, out of Ayr, Ontario. On the evening of Nov. 14, Melo was on his way to East Liberty, Ohio, when he saw a passenger vehicle traveling ahead of him with flames coming from underneath it. He followed the car when it pulled over on the shoulder of the interstate. “Once I noticed he was starting to stop his vehicle, I actually followed him into the shoulder,” Melo said. “Once he stopped, after that it was more or less a blur.” Melo quickly exited his truck with his fire extinguisher in hand, and hurried ahead to attempt to douse the fire with the extinguisher. He then went to check on the people still sitting in the vehicle. With his encouragement, they left their belongings behind and moved away from the still-burning car to the safety of Melo’s truck. By the time the couple was inside his truck, their vehicle was fully engulfed in flames. The entire incident -- from when Melo pulled onto the shoulder until he had escorted the couple safely back to his truck -- took about 3.5 minutes. He stayed with the couple until the state troopers arrived and then proceeded on his way to complete delivery to the Honda plant in East Liberty. “No one stopped -- it was just me,” he said. “I thought, ‘I gotta do something. I might as well do something to help.’” https://ift.tt/UJ0N4WQ Trucking news and briefs for Wednesday, Jan. 24, 2024: Truck tonnage fell 1.7% in 2023While it may come as no surprise to many owner-operators and small fleets who lived it through the last year, the calculators have made it official: Trucks hauled less freight in 2023 than in 2022, according to the American Trucking Associations’ For-Hire Truck Tonnage Index. The seasonally-adjusted index showed a 2.1% increase in tonnage hauled in December over November, with the index reading 115.7 compared to 113.3 in November. ATA Chief Economist Bob Costello noted, however, that tonnage remained in a recession for the year despite the stronger finish. “For-hire contract freight, which is what comprises our index, in December was 2.6% above the trough in April,” Costello said. “For the entire year, tonnage contracted 1.7% from 2022 levels. This makes 2023 the worst annual reading since 2020 when the index fell 4% from 2019, and the only year since 2020 that tonnage contracted." Compared with December 2022, the index fell 0.5%, which was the 10th straight year-over-year decrease, albeit the smallest over that period. In November, the index was down 1.6% from a year earlier. The not seasonally adjusted index, which represents the change in tonnage actually hauled by fleets, equaled 110.7 in December, 1.9% below the November's level (112.8). In calculating the index, 100 represents 2015. ATA's For-Hire Truck Tonnage Index is dominated by contract freight as opposed to spot market freight. [Related: Last week's spot-rates surge, courtesy of Old Man Winter] New TA Express opens in ArizonaTravelCenters of America is continuing to expand its network of travel centers with the opening of a TA Express in Littlefield, Arizona. The new TA Express is a franchised site and offers fueling, convenience items, three quick-service dining options, and other services for professional drivers and motorists. The store is located at 3224 East Rincon Road, off I-15. The new location features 210 truck parking spaces; KFC, Del Taco and Sbarro restaurants; nine diesel lanes with DEF; nine showers and more. Trio of drivers named Highway Angels for helping elderly crash victimThe Truckload Carriers Association in December named three truck drivers Highway Angels for stopping to rescue a 73-year-old woman whose car went over an embankment covered in snow. Lacy Leonhart, from Springboro, Pennsylvania; Karl Riedner, from Rockwall, Texas; and Valerie Millwood, from Aragon, Georgia, drive for America’s Service Line out of Green Bay, Wisconsin. On Nov. 28. around 3 p.m., Leonhart was driving through McKean, Pennsylvania, on I-79 when she saw a spin-out wreck on the right side of a ramp, but noticed an elderly woman to the left side of the road, crawling out of the embankment covered in snow. “I saw the car facing the other way on the onramp, but there was another car down in the ravine with an older lady crawling on her hands and knees trying to climb up the hill,” Leonhart said. Leonhart shared what was happening on her CB radio, and fellow truckers from her company, Riedner and Millwood, pulled over to help as well. “We were on the CB talking,” Millwood said. “We didn’t see her [the crash victim] at first, so we all stopped and jumped out.” Another car with a couple pulled over, as well. Riedner managed to direct traffic, then Leonhart and the couple managed to pull the fragile woman out of the snow and get her back across the road to safety. All the truckers helped keep her warm and talked with the woman until the paramedics and emergency responders arrived. “We got her wrapped up in a blanket,” Millwood said. “To me, stopping was the right thing to do,” Leonhart said. “There was nobody there; nobody had seen her.” https://ift.tt/4TvzfeS Tough winter weather across the nation delivered a spot-rates increase to owner-operators and small fleets last week, with FTR Transportation Intelligence and the Truckstop load board network reporting a 3% rise overall with mixed pictures in the major dry van, flatbed and refrigerated segments. Rates for all three, however, heated up by varying degrees as temps plummeted. DAT Freight & Analytics saw similar dynamics, attributing the boost to shippers scrambling to move loads and contract carriers hampered by weather, necessitating a turn to brokers and owner-operators on the spot market. If the boost in spot volumes persists through this week, it could further narrow the spread between spot and contract rates averages, a signal some watchers feel shows the market turning. Last week, DAT's monthly Truckload Volume Index illustrated the contract/spot spread for vans had narrowed again in December to 39 cents overall, with spot rates continuing to lag below the average contract move, as they have for well more than a year now. A convergence of spot and contract rates, DAT reported, would signal an end to the current cycle of falling prices for truckload services. Averaged over the month of December, “at 39 cents, the spread between spot and contract van rates is still substantial but was down 7 cents compared to November,” said DAT Chief of Analytics Ken Adamo. Prices to move van freight rate under contract hit the lowest average in three years, he added, and spot rates gained, adding three cents. Entering 2024, while shippers were still "in a strong position as they negotiate contract rates," carriers on the spot market would be justified to "have some optimism that the market will turn.” [Related: Trucking conditions: A big improvement in late Fall, but 2024 outlook bleak] Negative contract pressures remain highHenderson, Kentucky-based Silver Creek Transportation's Jason Cowan, 2021 winner of Overdrive's Small Fleet Champ award, has seen the downward pressure on contract rates over the last year, he said, with big brokers and low-cost carriers underbidding his company in some instances with direct customers. "We’re glad we diversified so that we can duck the bad market," he said. To an extent, that is. "It’s my experience that 'Hey, I give great service and we’re always there on-time' only goes so far [with customers] when the market dips" as far as it has. Customers will eventually "take a chance on somebody else who will do it cheaper." Silver Creek has focused on "taking care of the customers who are willing to pay for the service," generally speaking, he said, adding "there's no magic bullet out there. I'm sad for my friends who haven't made it through" the tough times, including many owner-operators in his area. Bigger companies, too, have failed. He pointed to the Chapter 11 bankruptcy filing of nearby, and much larger than 35-truck Silver Creek, Elmer Buchta Trucking, likewise two others nearby who bailed out the market at different points in 2023 as low spot rates drew the contract market down with them. Meantime, Cowan got to calculating and running the numbers on a new contract opportunity to "reinvest and hope for the best," he said. "We bought 26 walking floor trailers" to add to a stable of, variously, tankers, flatbeds and vans and "got into the recycling business" hauling paper for that customer. "Those kind of things have helped us to stay healthy -- anything that you can do that nobody else can" to set yourself apart. Hopefully for independent owner-operators and small fleets in the spot market, last week's weather explosion helps, at least short-term. So far in January, according to DAT's Trendlines metrics for the week, the contract/spot spread for vans has narrowed another nickel. [Related: Truckers' New Year's Resolutions: Get closer to the freight source, and back to basics on costs] Here's average spot rates all-in, from FTR's most-recent-week analysis of Truckstop load board data, over the course of the last year. Rates all-in, Truckstop and FTR reported, were at their highest level since the end of June 2023, though still 2.5% below the same January week in 2023. That year-over-year deficit, though, was the smallest since July 2022. DAT's look at underlying linehaul rates, calculated by subtracting an average fuel surcharge (44 cents for vans, 49 for reefers, flats 52), showed similar dynamics, with reefers benefiting from demand for temp-control equipment to keep goods from freezing in some cases, no doubt. [Related: How to not just survive, but thrive, through the bottom of the freight markets] https://ift.tt/4TvzfeS 1/24/2024 0 Comments Canadian government's effort to shut down 2022 'Freedom Convoy' ruled 'unreasonable'A Canadian federal court ruled Tuesday that the country’s government was not justified in invoking the Emergencies Act during the early-2022 “Freedom Convoy” protests involving truck drivers and others in Ottawa and across the country. According to reports, the Canadian government plans to appeal the court’s decision. Federal Court of Canada Judge Richard G. Mosley wrote in his decision that “there was no national emergency justifying the invocation of the Emergencies Act and the decision to do so was therefore unreasonable and ultra vires,” -- the Latin term for acting “beyond the powers.” Canadian Prime Minister Justin Trudeau invoked the Emergencies Act on Feb. 14, 2022, in response to protests across Canada, including in the capital of Ottawa, largely made up of truck owners and operators. The protests were in response to the nation’s public health orders related to the COVID-19 vaccine that went into effect in January 2022, likewise U.S. and Canadian border rules that required vaccines for those crossing into each country. According to court documents, on Jan. 13, 2022, the Canadian Minister of Health clarified that an unvaccinated Canadian truck driver could not be denied entry into Canada from the U.S., but would need to meet requirements for pre-entry, arrival and Day 8 (post-entry) testing, as well as quarantine requirements. [Related: Canada invokes Emergencies Act in bid to end protest disruptions] As a result of those restrictions, among others, a group of individuals on Jan. 22 began driving across Canada in what was known as “Freedom Convoy 2022.” The convoy officially started in Prince Rupert, British Columbia, with the goal of arriving in Ottawa on Jan. 29. By the time the convoy arrived in Ottawa on Jan. 28, “it consisted of hundreds of vehicles of various types, including tractor-trailer units and thousands of individuals, who intended to protest Canada’s public health response to the COVID-19 pandemic and the new vaccination requirements for cross-border truckers,” Mosley said in his decision. “The protestors and vehicles occupied much of the downtown core of Ottawa, including streets in the vicinity of the Parliamentary precinct, the Supreme Court of Canada and the Federal Courts. Among other things, the effect was to block vehicular traffic and pedestrian access to offices, businesses, churches and residences in the affected area.” The court decision added that over the next few days, the protest evolved into a blockade of the downtown area, “accompanied by incessant noise from truck horns, train type whistles, late night street parties, fireworks and constant megaphone amplified hollers of ‘freedom.’ Fumes from the exhausts of diesel and gasoline engines permeated the air," wafting into neighboring areas. There were also reported incidents of “harassment, minor assaults and intimidation,” creating “intolerable conditions for many residents and workers in the district,” the court added. [Related: On the 'Freedom Convoy' protest, with Canadian cross-border owner-operator Mike Murchison] A state of emergency was declared for the city of Ottawa on Feb. 6, and a day later, the convoy was identified by government officials as a “threat to national security.” Several provinces also declared emergencies during the protests. In addition to the protests in Ottawa, border blockades set up at numerous border crossings, including the Sweetgrass-Coutts, Alberta, crossing; the Ambassador Bridge crossing in Windsor, Ontario; the Sarnia Blue Water Bridge in Ontario; Emerson, Manitoba; the Peace Bridge port of entry at Fort Erie, Ontario; and South Surrey, British Columbia. Multiple arrests were made in several of these blockades, the court wrote. This all led up to Trudeau and his administration issuing the Emergencies Act on Feb. 14. The court said at the time, there were still an estimated 500 trucks and other vehicles parked in downtown Ottawa. Between Feb. 15 and Feb. 23, approximately 257 bank accounts belonging to approximately 57 entities and individuals were temporarily frozen. Hundreds of individuals were also arrested during this time, with more than 100 vehicles being removed from downtown Ottawa. [Related: Canadian police weigh options at 'unlawful blockade' at Coutts port of entry in Alberta] “The blockades are harming our economy and endangering public safety," Trudeau said when announcing invocation of the act. "Critical supply chains have been disrupted. This is hurting workers who rely on these jobs to feed their families." He added at the time that Canada was "not using the Emergencies Act to deploy the military" and it would not suspend "fundamental rights" such as free speech and assembly. The act allowed financial institutions to restrict funding or funds to protesters. On Feb. 23, the declaration was revoked. The case against the Trudeau government was brought by the Canadian Civil Liberties Association, the Canadian Constitution Foundation and individuals. Mosley said in his decision that, while the Emergencies Act doesn’t require unanimous consent from the provinces to invoke the act, most provincial leaders informed Trudeau that they could handle the situation in their provinces without the federal government stepping in. Ultimately, Mosley concluded that there was no national emergency justifying the invocation of the Emergencies Act. Additionally, he wrote that “the harm being caused to Canada’s economy, trade and commerce was very real and concerning, but it did not constitute threats or the use of serious violence to persons or property,” and therefore did not meet the “threats to the security of Canada” threshold within the act. The public interest groups that brought the case against the government did not seek compensation in the case, and thus were not awarded any. The individuals in the case did request compensation, and Mosley said they are entitled to be compensated, at least for the hearing. According to an Associated Pressreport, Canada’s Deputy Prime Minister Chrystia Freeland said the government will appeal, saying the government believed the protests were “a serious threat to public safety, national security and Canada’s economic security.” [Related: Faces of the Road: Log hauler and writer Gord Magill, student of the ice roads] https://ift.tt/4TvzfeS 1/23/2024 0 Comments FMCSA could remove 16K DOT docs from registry | Smuggled tramadol found in-cab at borderTrucking news and briefs for Tuesday, Jan. 23, 2024: FMCSA proposes to remove certain medical examiners from registryThe Federal Motor Carrier Safety Administration is proposing to remove medical examiners (MEs) from its National Registry of Certified Medical Examiners who have failed to access their National Registry account using login.gov and update the profile information in their account as required. Since June 2018, by using the email, physical address and telephone number these MEs provided to FMCSA in their National Registry account, the agency has attempted to notify them of the requirement to access their account using login.gov. There are approximately 15,727 examiners in the registry of docs and other examiners who perform or performed DOT physicals who have not accessed their National Registry account using login.gov. As a result, those examiners are not able to fulfill regulatory requirements, such as reporting results of DOT physicals performed on drivers, receiving FMCSA communications, and completing required training. [Related: Action required: Updates to FMCSA account logins coming] MEs who are removed from the National Registry will no longer be certified to perform DOT physicals of truckers. To avoid being removed from the National Registry, MEs to whom this notice applies must complete certain corrective actions within 30 days of the notice being published on Wednesday, Jan. 24. MEs who are subject to the notice must create a login.gov account and correct all outdated contact information in their profiles. Examiners who do not complete this process within 30 days will be removed from the National Registry. The agency said MEs not using login.gov must be removed from the National Registry before June 23, 2025, when FMCSA will begin electronically transmitting medical certification information for drivers from the National Registry to the state driver’s licensing agencies. If an ME does not access their National Registry account using login.gov and report results of physicals performed, FMCSA will not be able to electronically transmit those results for posting to the drivers’ records. Medical certificates issued by MEs who are removed from the Registry before they are removed will not be invalidated. MEs removed from the Registry will continue to appear on the public website for three years following the date of their removal, along with an indication that they are no longer certified as an ME. [Related: FMCSA's revised medical handbook holds no new sleep apnea guidance] Border Patrol seizes ‘significant amount’ of tramadol from truck at borderU.S. Customs and Border Protection Office of Field Operations officers assigned to the World Trade Bridge in Laredo, Texas, recently seized a significant amount of tramadol within a commercial truck. “Frontline officers at the World Trade Bridge demonstrated exceptional effort in successfully disrupting this smuggling attempt,” said Port Director Alberto Flores, Laredo Port of Entry. “This drug bust is a prime example of the efficient targeting strategies utilized in the cargo environment to help disrupt the illicit smuggling of this highly addictive opioid into our communities.” The seizure occurred on Thursday, Jan. 18, when a CBP officer referred a 2012 Freightliner for a secondary inspection. Following non-intrusive inspection system examination, CBP officers discovered a total of 159.65 pounds of tramadol within the cab area of the truck. Tramadol is an opioid analgesic medication prescribed for pain relief. If misused, this drug could lead to potentially adverse health effects and addiction, CBP said. CBP seized the controlled medication and Homeland Security Investigations special agents are investigating the seizure. [Related: $10M in drugs hidden in load at border: Latest bust] I-8 rest areas in Arizona reopenThe Interstate 8 Sentinel Rest Areas located about 30 miles west of Gila Bend, Arizona, have reopened after renovations to their restrooms, parking lots, water and wastewater systems, and more. The facilities, serving both directions of I-8 at milepost 83, closed in late 2021. Other improvements from the $7.6 million renovation include updated pavement markings and signage, along with improving access for individuals with disabilities. https://ift.tt/n6fFJIC |
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