News

New Jersey DOT Restrictions for Tuesday, February 13th

NJ DOT considering a commercial vehicle ban due to the forecasted weather. Be prepared for the ban.

NJMTA will notify members as soon as we are informed of any restrictions.

Visit nj511 for additional updates. NJMTA will also post NJ travel restrictions on our Facebook page.

Pennsylvania DOT Restrictions for

Tuesday, February 13th

In response to the forecasted winter weather, the Pennsylvania Department of Transportation (PennDOT) is planning to implement temporary commercial vehicle restrictions tomorrow, February 13th, across Pennsylvania. Please see the below listing of planned restrictions and visit 511pa.com for the most up-to-date information.

PA Tiered Restriction Chart

Tier 2 Vehicle Restriction – No Empty or Loaded Double CMVs will be ACTIVE as of Tuesday, 02/13/2024 at 03:00 AM for the following route(s):

• I-78
• I-80 from I-79 to Exit 173
• I-99, US 22 from I-78 to NJ Line
• PA 33

Tier 4 Vehicle Restriction – Full CMV Restriction will be ACTIVE as of Tuesday, 02/13/2024 at 03:00 AM for the following route(s):

• I-80 from Exit 173 to NJ Line
• I-81 from I-78 to NY Line
• I-84
• I-180
• I-380

The American Trucking Associations announced that 27 trucking industry and law enforcement officials have been named to the ATA Law Enforcement Advisory Board.

“Now in its fourth year, the Law Enforcement Advisory Board continues to deliver results on a whole host of issues impacting highway safety. This group’s engagement with state officials and local, state and national law enforcement organizations has helped secure hundreds of millions of dollars in federal grant funding to expand truck parking capacity across the country,” said ATA President and CEO Chris Spear. “Security, including cargo theft and cybercrime, has now been added to ATA’s strategic priorities, further demonstrating the ATA Federation’s commitment to our partners in law enforcement.”  
 
Formed in 2021, the ATA Law Enforcement Advisory Board advises the ATA Federation on strategies to grow and strengthen relationships between the trucking industry and law enforcement organizations across the country. Comprised of ATA members with previous experience in federal, state or local law enforcement, as well as current and retired law enforcement officials, this year’s LEAB has 27 members with a total of 685 years of law enforcement experience. 
 
For the coming year, the LEAB will be chaired by Mark Savage, director of connected truck solutions at Drivewyze Inc. Steve Dowling, director of enterprise safety training at Covenant Logistics Group Inc., and Steve Keppler, co-director of Scopelitis Transportation Consulting, will serve as the board’s first and second vice chairmen respectively. 
 
“Throughout my career spanning both law enforcement and trucking, I’ve come to appreciate the synergy that exists between these two professional communities. When we combine forces, we have an enormously positive impact on highway safety, and I’m honored to now assume this role to foster that kind of cooperation at the highest levels,” Savage said. 
 
The members of this year’s board are: 

• Andrew Beckett, Amazon
• Christopher Vinson, Midlothian (Texas) Police Department  
• Derek Barrs, HNTB Corp.  
• Fred Fakkema, Zonar Systems Inc.  
• Gary McCarthy, Aurora Innovation Inc.  
• Jake Elovirta, Commercial Vehicle Safety Alliance  
• Janice Mulanix, PrePass Safety Alliance  
• Jeff DeVere, Washington Trucking Associations  
• Jeff Ferber, J.B. Hunt Transport Services Inc.  
• Jeff Tippit, La Porte (Texas) Police Department  
• John Rigney, Pennsylvania Motor Truck Association  
• John Samis, Drivewyze Inc.  
• Jonathan Beshears, J.B. Hunt Transport Services Inc.  
• Keith Eoff, J.B. Hunt Transport Services Inc.  
• Malik A Henderson, PrePass Safety Alliance  
• Marc Nichols, Drivewyze Inc.  
• Mark Savage, Drivewyze Inc.  
• Michael Martin, Old Dominion Freight Line Inc.  
• Parker Harrison, Old Dominion Freight Line Inc.  
• Richard Elliott, Safeway Transportation LLC  
• Rocco Marrari, EBE Technologies  
• Ron Cordova, Zonar Systems Inc.  
• Steve Dowling, Covenant Logistics Group Inc.  
• Steve Keppler, Scopelitis Transportation Consulting  
• Tim Cardwell, High Intensity Drug Trafficking Areas   
• Todd Armstrong, Illinois State Police  
• Will Cole, Montana Trucking Association    

“Our mission is to develop processes that are mutually beneficial to the safety goals that the trucking industry and law enforcement share,” said Dowling. “The incredible breadth and depth of experience represented on this board will serve the entire motoring public well as we partner together to increase safety across our nation’s highways.” 
 
“Safety cannot be advanced by enforcement or industry alone; it takes engagement, collaboration and partnerships,” said Keppler. “The LEAB represents an unbelievably valuable resource to our collective safety goal of reducing crashes on our highways, and I am humbled and honored to be a part of it.” 

The U.S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) today expressed strong support for trucker protections against predatory towing fees in a comment filed on the Federal Trade Commission’s (FTC) proposed rule banning junk fees. FMCSA’s comment outlines concerns with predatory towing junk fee practices that significantly increase costs for commercial motor vehicle owners and operators. The comment also offers support for the proposed ban on hidden and misleading fees and urges the FTC to consider additional restrictions against the types of unnecessary and excessive mandatory junk fees plaguing truckers. FMCSA’s filing is part of President Biden’s whole-of-government approach to lower costs for Americans by banning hidden junk fees. 

“When a truck driver’s vehicle is towed, they can’t earn a living until they get it back — leaving them vulnerable to predatory junk fees from towing companies,” said U.S. Transportation Secretary Pete Buttigieg. “We support FTC’s efforts to stand up for truckers by acting to ban junk fees and prevent predatory towing fees that can cause significant financial harm.”  

“Predatory towing negatively impacts consumers, including commercial motor vehicle drivers and trucking companies. It is detrimental to the overall health of the trucking industry, and it's time to end excessive rates, surcharges and other unfair fees associated with predatory towing,” noted FMCSA Acting Deputy Administrator Sue Lawless.  

Towing can occur at the request of the trucker after a breakdown, or at the request of law enforcement or a property owner if the vehicle has been parked illegally. In either case, towing causes substantial distress for truckers who are unable to earn a livelihood until they can regain access to their vehicle. Once their vehicle has been towed, truckers are in a very vulnerable position and highly susceptible to predation. FMCSA is concerned that predatory towing companies can and do use their possession of the vehicle as leverage to prey upon truckers who are in no position to push back.  

While there are a wide range of predatory tactics associated with towing, a number of them center on the mandatory or otherwise unavoidable fees that towing companies charge. FMCSA’s comment outlines several potentially unfair or deceptive fee practices used by predatory towers. These include hiding fees until the tow is completed, charging for unnecessary or worthless services, and imposing an excessive number of fees for excessive amounts. These predatory fees can add up to thousands of dollars for truckers. 

In October, the FTC proposed a ban on junk fees that would prohibit businesses from charging hidden and bogus junk fees by requiring them to include all mandatory fees when quoting a price. FMCSA believes that predatory towing fee practices fall within the purview of FTC’s proposed rule, which would greatly benefit truckers if finalized. In its comment to the FTC, FMCSA expresses strong support for the important protections and offers suggestions for additional restrictions that would further help protect truckers from predatory towing junk fees. These suggestions include:  

• Ban junk fees for unnecessary goods or services: FMCSA suggests adding a provision that prohibits companies from charging any fee for an ancillary good or service that has no value, costs nothing extra to provide, or that reasonably would be assumed to be included in the upfront price of the good or service. For example, towing companies often charge “equipment fees” for using equipment that they already own and use routinely to provide the towing service.     
• Prohibit or restrict excessive junk fee practices: FMCSA encourages the FTC to consider prohibiting or imposing restrictions on excessive fee practices. These practices include charging an excessive number of fees, charging excessive amounts for a fee, or charging variable fees for fixed costs. The provision on excessive fees could focus on consumers who have little to no ability to avoid, negotiate, decline, anticipate, or limit the number or cost of the fees, or consumers who are vulnerable, in distress, or otherwise limited in choice by their circumstances.   
• Treat each illegal junk fee as a violation: FMCSA suggests that the final rule treat each illegal junk fee as a separate violation and that the rule expressly prohibit companies from charging or collecting mandatory fees that are not appropriately disclosed, are not included in the total price, and/or cannot be fully calculated upfront.  

FMCSA’s comment is available at: https://www.transportation.gov/briefing-room/ftc-fmcsa-comment-nprm-r207011

The filing is part of USDOT’s effort under the Biden-Harris Administration and Secretary Buttigieg to significantly expand consumer rights in transportation, including by limiting and banning hidden junk fees. USDOT is currently pursuing rules that would: 

• Ban family seating junk fees and guarantee that parents can sit with their children for no extra charge when they fly. Before President Biden and Secretary Buttigieg pressed airlines earlier this year, no airline committed to guaranteeing fee-free family seating. Now, four airlines guarantee fee-free family seating, as the Department is working on its family seating junk fee ban proposal. 
• Ensure fee transparency so consumers know the cost for flying with a checked or carry-on bag and for changing or canceling a flight before they buy a ticket and can make informed decisions, save money, and avoid surprises at checkout. 
• Make passenger compensation and amenities mandatory so that travelers are taken care of when airlines cause flight delays or cancellations. 
• Ensure that airlines promptly provide a refund when they cancel or significantly change a flight without rebooking the passenger.  
• Guarantee refunds for passengers for significantly delayed bags and for services they paid for that are not actually provided, such as broken Wi-Fi. 

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The Federal Motor Carrier Safety Administration’s (FMCSA) mission is to prevent crashes, fatalities, and injuries involving commercial trucks and buses. FMCSA develops safety and regulatory standards for commercial driver’s licenses; analyzes data; sponsors research; and promotes enforcement and education. FMCSA partners with nonprofit organizations, local and State governments, and other stakeholders to support innovative commercial driver training, safety inspections, and enhanced compliance and enforcement initiatives. 

In the case before the United States Court of Appeals for the First Circuit, a collective of long-haul truck drivers, led by Juan Carlos Montoya, contended that their employer, CRST Expedited and CRST International (collectively referred to as "CRST"), violated the Fair Labor Standards Act (FLSA) by not compensating them for time spent in a truck's sleeper berth exceeding eight hours within a 24-hour period. CRST operates a "team driving model" where two drivers alternate between driving and resting in the sleeper berth of the truck, allowing the vehicle to be in near-continuous motion. The drivers argued that the time spent in the sleeper berth was "on duty" time, as defined by Department of Labor regulations, and thus should be compensated as work. The district court granted summary judgment for the drivers, determining that such time was indeed compensable work. The Court of Appeals affirmed this decision, holding that the time drivers spend in the sleeper berth that exceeds eight hours per day is compensable work under the FLSA. The Court reasoned that the drivers' confinement to the sleeper berth, the importance of continuous travel to CRST's business model, and the potential burdens placed on the drivers suggest that the time predominantly benefits the employer. Furthermore, the Court interpreted the Department of Labor regulations to allow an employer to exclude a sleeping period of no more than eight hours from hours worked in a 24-hour period.

CLICK HERE for more on the ruling.

CLICK HERE for CCJ article on the issue.

Will this new rule affect your business

Last week, the Biden Administration issued new rules with the intent to crack down on the misclassification of independent contractors. While this is a headline grabbing event, it may just be political posturing.

Most states already have rules in place to combat misclassification. In New York, we have the Freelance isn’t Free Act, The Transportation Fair Play Act, and the Construction Fair Play Act. In California, the rules are so restrictive that ride share companies had to depend on a referendum to order to save their business models. (And it worked as the general public loves ride share).

So why does the federal government make rules that are difficult to enforce? In my opinion, I think they recognize that there are many “bad actors” who are exploiting workers. I have personally represented companies that I know cannot pass any “IC” test. This was many years ago and those companies no longer exist. However, what I have seen lately is new clients who are attempting to follow the rules but simply cannot due to the profit margins and/or the competition being able to operate is a cheaper manner.

It is worth noting that 2024 is an election year and one of the hot topics are workers’ rights and the ability to unionize. So, this new rule is a great campaign pitch for those who depend on the union vote.

What is the economic reality test?

·     Control: Does the employer have significant control over the worker’s work schedule, tasks, and methods?

·     Investment: Who provides the tools and equipment necessary for the work?

·     Opportunity for profit or loss: Does the worker have the ability to control their own income and expenses?

·     Permanency of the relationship: Is the worker part of an ongoing business operation, or are they just hired for a specific project?

·     Skill and initiative: Does the work require specialized skills or does the worker have significant autonomy in how they perform their tasks?

Essentially, if the worker is economically dependent on just one company, they will be considered employees. Contemporaneously, the Feds may look at whether or not the company is dependent on the workers in order to operate or if the company and the contractor are in the “same type of business.”

So how do you mitigate your exposure? First, you need a solid contract. Secondly, you need to adhere to a “Best Practices” that is truly followed. And lastly, you need the support and knowledge from people that have the experience and expertise to help guide your company through the bureaucratic gauntlet.

The biggest question is: Does your business model meet the criteria of the government and the states that your company operates in?

For more information and guidance, go to www.consultechclaims.com or call 518-689-2470 x140

The American Trucking Associations welcomed congressional approval of the Moving Americans Privacy Protection Act, bipartisan legislation that will help protect the privacy and identity security of American servicemembers, federal employees, private sector workers and their families who are returning to the United States after living abroad.

The ATA-endorsed bill, which passed the Senate today and passed the House earlier this month, was co-authored by Representatives Mike Waltz (R-Florida) and Bill Pascrell (D-New Jersey).  Senators Steve Daines (R-Montana) and Gary Peters (D-Michigan) sponsored the Senate companion bill.  The legislation will become law upon receiving President Biden’s signature.

“Conventional political wisdom says not much gets done on Capitol Hill during an election year.  We simply don’t accept that. Our industry works hard every day to deliver for the American people, and we expect Congress to do the same,” said ATA President and CEO Chris Spear. “The passage of this significant piece of legislation is proof that even in the most difficult legislative environments, ATA is still moving bills into law. 
 
“We are grateful for our congressional champions on this bill—Representatives Waltz and Pascrell and Senators Daines and Peters—who kept their foot on the gas until the personal data of military families and other Americans was protected,” Spear said. “With 2024 well underway, we will not stop advocating for commonsense legislative solutions that will strengthen our supply chain.”

“I want to thank Senators Daines and Peters, Representatives Waltz and Pascrell, and the others in Congress who have worked for many years to get this legislation passed,” said Bill Lovejoy, chairman of ATA’s Moving & Storage Conference and president of Republic Moving & Storage. “This isn’t just a win for the moving industry; it’s also a win for the American servicemembers and others who shouldn’t be at greater risk of identity theft simply because they moved back to the United States.” 

When relocating Americans ship their household goods back to the U.S., they must provide personal data on vessel manifests.

Currently, this personally identifiable information — such as Social Security numbers, passport numbers, home addresses and more — can be included in trade data that Customs and Border Protection (CBP) is required to collect and make available for sale to data brokers. This exposure puts Americans at risk of identity theft, financial fraud and other crimes.

The Moving Americans Privacy Protection Act will protect the privacy of tens of thousands of Americans by requiring CBP to scrub Americans' personal data from manifests before making trade data available for sale.

Summary

FMCSA proposes to remove medical examiners (ME) from its National Registry who have failed to access their National Registry account using login.gov and have failed to update the profile information in their National Registry account as required. Since June 2018, by using the email, physical address, and telephone number these MEs provided to the Agency in their National Registry account, FMCSA has attempted to notify them of the requirement to access their account using login.gov . There are approximately 15,727 MEs who have not accessed their National Registry account using login.gov and as a result, are not able to fulfill regulatory requirements such as reporting results of physical qualification examinations performed on commercial motor vehicle (CMV) drivers, receiving FMCSA communications, and completing required training. MEs who are removed from the National Registry will no longer be certified to perform physical qualification examinations of CMV drivers. To avoid being removed from the National Registry, MEs to whom this notice applies must complete the corrective actions set forth below. A list of MEs subject to this notice is provided in the docket for this proceeding.

Dates

On or before February 23, 2024, MEs who are subject to this Notice must: (1) create a login.gov account using the same email address as their National Registry account or sign into the National Registry with an existing login.gov account using the same email address as their National Registry account, through the National Registry website at https://nationalregistry.fmcsa.dot.gov (Select “Login”); and (2) once logged in, correct all outdated contact information in their National Registry profile. MEs who fail to complete these actions will be removed from the National Registry on February 26, 2024.

For Further Information Contact

Ms. Christine A. Hydock, Chief, Medical Programs Division, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590–0001; (202) 366–4001; fmcsamedical@dot.gov. If you have questions on viewing documents in the docket, contact Dockets Operations, (202) 366–9317 or (202) 366–9826.

Supplementary Information

I. Availability of Documents

To view the list of MEs subject to this Notice, go to https://www.regulations.gov/docket/FMCSA-2023-0152/document and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting Dockets Operations at DOT, 1200 New Jersey Avenue SE, West Building, Ground Floor, Washington, DC 20590–0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366–9826 before visiting Dockets Operations.

II. Legal Basis

FMCSA is required to establish and maintain a current national registry of MEs who are qualified to perform physical qualification examinations and issue medical examiner's certificates to operators of CMVs (49 U.S.C. 31149(d)(1)). FMCSA is also required to remove from the registry the name of any ME who fails to meet or maintain the requirements established by the Agency for being listed in the registry (49 U.S.C. 31149(d)(2)).

Accordingly, by publication of this Notice, FMCSA provides written notice of proposed removal of the affected MEs from the National Registry and sets forth corrective actions necessary for the MEs to remain listed. This Notice provides actual or constructive notice of the Agency's action (44 U.S.C. 1507).

III. Background

Among the requirements to be certified as an ME on the National Registry, MEs are required to register on the National Registry website and establish an account by providing current contact information and other required information (49 CFR 390.103(a)(2)). MEs are also required to update their National Registry account within 30 days of any changes in such information (49 CFR 390.111(a)(2)).

On June 22, 2018, FMCSA implemented a new security requirement for all National Registry users to access their account using login.gov . Login.gov is a secure sign-in service used by FMCSA to allow users to securely access certain FMCSA information systems. The use of login.gov is required to meet National Institute of Standards and Technology requirements for secure validation and verification. As a result of this requirement, FMCSA notified all National Registry users by email, using the email address provided in each user's National Registry account, that they must access their National Registry account using login.gov . The notification explained that the use of login.gov is a requirement and would provide an extra layer of security to help protect National Registry accounts against security breaches. Once the email notification was sent to all National Registry users, it was posted on the National Registry page of the FMCSA website and later posted in the Resource Center of the National Registry website.

When registering to become certified by FMCSA, and on an annual basis, each ME agrees to accept any written communication from FMCSA relating to their participation on the National Registry by electronic mail at the email address(es) they provided in their National Registry account. In response to the email notifications regarding the login.gov requirement, FMCSA was notified that an email delivery failure had occurred for the MEs now proposed for removal. Accordingly, FMCSA determined that the email addresses in the National Registry accounts of those MEs were not valid and had not been updated by the MEs as required. Therefore, FMCSA staff made repeated attempts to contact those MEs through phone calls and/or letters sent by U.S. mail. When those efforts were also unsuccessful, the Agency made attempts as recently as June 2023 to contact Medical Examiner Administrative Assistants and Third Party Organizations designated by the MEs proposed for removal to obtain current contact information for these MEs. The MEs proposed for removal have not responded to FMCSA's attempts to contact them and have failed to access their National Registry account using login.gov .

On February 28, 2022, FMCSA launched a new National Registry system and has continued its efforts to ensure the accuracy of the data in the system. This includes removing any MEs who are not in compliance with the regulatory requirements. FMCSA wants to ensure when the public is searching for an ME on the website, that only MEs who are compliant with the regulatory requirements are listed as certified by FMCSA and that those who are not will be listed as removed. There are 92,625 MEs listed on the National Registry who have been certified by FMCSA to conduct physical qualification examinations. Approximately 76,898 of these MEs are accessing their National Registry account using login.gov and 38,707 of these MEs are actively performing physical qualification examinations and reporting results to the National Registry. To date, FMCSA has not received any complaints from CMV drivers indicating difficulties in locating MEs and scheduling appointments for their physical qualification examinations. In addition, the Agency continues to monitor the geographic distribution of MEs to identify potential challenges for drivers in locating MEs. Therefore, FMCSA does not anticipate any concerns that there are too few MEs to meet the demand for physical qualification examinations and the possible removal of approximately 15,727 MEs, as proposed in this Notice, will not have any impact on the availability of certified MEs to perform physical qualification examinations of CMV drivers.

It is imperative that FMCSA remove these MEs from the National Registry now, before the final provisions of the Medical Examiner's Certification Integration (NRII) final rule are implemented on June 23, 2025 (80 FR 22790, Apr. 23, 2015). On that date, FMCSA will begin electronically transmitting medical certification information for CMV drivers required to hold a commercial learner's permit or a commercial driver's license from the National Registry to the State Driver's Licensing Agencies (SDLAs). If an ME does not access their National Registry account using login.gov and report results of physical qualification examinations performed, FMCSA will not be able to electronically transmit those results to the SDLA for posting to the drivers' records.

IV. Proposed Action To Remove Medical Examiners

FMCSA proposes to remove MEs from its National Registry who have failed to access their National Registry account using login.gov and have failed to update their National Registry account information.

There are approximately 15,727 MEs who have not accessed their National Registry account using login.gov and as a result, are not able to fulfill regulatory requirements such as reporting results of physical qualification examinations performed on CMV drivers, receiving FMCSA communications, and completing required training. Despite multiple attempts, FMCSA staff has not been able to reach these MEs. Accordingly, FMCSA is proposing to remove these MEs from the National Registry for failure to comply with the requirement to access their National Registry account using login.gov and to maintain current contact information. A list of the MEs whom FMCSA proposes to remove can be found in the docket for this proceeding (see https://www.regulations.gov/docket/FMCSA-2023-0152/document ).

V. Required Corrective Actions

MEs proposed for removal must complete the following corrective actions on or before February 23, 2024 to avoid being removed from the National Registry: (1) create a login.gov account using the same email address as their National Registry account or sign into the National Registry with an existing login.gov account using the same email address as their National Registry account, through the National Registry website at https://nationalregistry.fmcsa.dot.gov (Select “Login”); and (2) once logged in, correct all outdated contact information in their National Registry profile. MEs who do not complete these corrective actions will be removed from the National Registry on February 24, 2024. If assistance is needed to complete these corrective actions, affected MEs may contact the National Registry Technical Support Help Desk at fmctechsup@dot.gov or (617) 494–3003.

VI. Effect of Removal From the National Registry

Removal of an ME pursuant to this Notice will not invalidate any Medical Examiner's Certificates, Form MCSA–5876, issued by that ME to CMV drivers prior to the date they are removed from the National Registry. However, after an ME has been removed from the National Registry, they will no longer be authorized to perform physical qualification examinations of CMV drivers and issue Medical Examiner's Certificates, Form MCSA–5876 (49 U.S.C. 31149(d)(3)). MEs removed from the National Registry will continue to appear on the public website for 3 years following the date of their removal with an indication that they are no longer certified as an ME and have been removed from the National Registry with a removal date. FMCSA encourages CMV drivers and other stakeholders to use the National Registry website public search feature to verify that an ME is certified by FMCSA, as this will have the most current information, including a removal date where applicable.

MEs who are removed from the National Registry pursuant to this Notice may request reinstatement to the National Registry after completing the corrective actions set forth in Section V above. To request reinstatement MEs must log in to their National Registry account, select “My Profile” from the main menu on the left side of the screen, select “Request Reinstatement,” follow the instructions provided, and submit the reinstatement request to FMCSA for consideration.

Click Here to Print Federal Register Notice

Washington — American Trucking Associations’ advanced seasonally adjusted For-Hire Truck Tonnage Index increased 2.1% in December after falling 1.4% in November. In December, the index equaled 115.7 (2015=100) compared with 113.3 in November.

“While 2023 ended on a better note, truck tonnage remained in a recession as it continued to fall on a year-over-year basis,” said ATA Chief Economist Bob Costello. “With that said, for-hire contract freight, which is what comprises our index, in December was 2.6% above the trough in April. 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.”

November’s decline was revised down slightly from our December 19 press release.

Compared with December 2022, the SA index fell 0.5%, which was the tenth 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 the fleets before any seasonal adjustment, 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.

Trucking serves as a barometer of the U.S. economy, representing 72.6% of tonnage carried by all modes of domestic freight transportation, including manufactured and retail goods. Trucks hauled 11.46 billion tons of freight in 2022. Motor carriers collected $940.8 billion, or 80.7% of total revenue earned by all transport modes.

ATA calculates the tonnage index based on surveys from its membership and has been doing so since the 1970s. This is a preliminary figure and subject to change in the final report issued around the 5th day of each month. The report includes month-to-month and year-over-year results, relevant economic comparisons, and key financial indicators.

Today, American Trucking Associations President and CEO Chris Spear issued the following statement after the announcement that Administrator Robin Hutcheson will be departing the Federal Motor Carrier Safety Administration:

"Administrator Hutcheson led FMCSA through a critical time as the pandemic, natural disasters, workforce shortages and supply chain disruptions challenged the freight economy in ways never seen before. America’s trucking industry is the heartbeat of this nation, and we depend on partners in government like Administrator Hutcheson who value data and stakeholder input to meet real-world needs and ensure the safe movement of freight across our nation’s highways. We applaud her communication, transparency and commitment to ATA and our members, and we wish her well in her future endeavors.”

Today, the House of Representatives unanimously passed the Moving Americans Privacy Protection Act, legislation introduced by Representatives Mike Waltz (R-Florida) and Bill Pascrell (D-New Jersey).

At a time when identity theft and other privacy-related crimes are on the rise, this bipartisan bill would help protect the privacy and identity security of American servicemembers, federal employees, private sector workers, and their families who are returning to the United States after living abroad.

“The American Trucking Associations’ Moving & Storage Conference is proud to serve our military and other families when they return home to the United States.  Our members handle both household items and personal information with care, which is why they have long advocated for Congress to make commonsense changes to disclosure requirements on shipping forms,” said ATA President and CEO Chris Spear.  

“The House’s passage of Moving Americans Privacy Protection Act represents a major step forward to protect military families and other Americans relocating from overseas,” said ATA’s Moving & Storage Conference Executive Director Ryan Bowley.  “We have strongly pushed for this legislation to help reduce repatriating Americans’ risk of having their identities stolen.  We are grateful for Reps. Waltz and Pascrell’s leadership on this issue, and we will continue to work with Senator Daines and other champions on this issue to move this bill across the finish line to prevent unnecessary disclosures of Americans’ personal data.”

When relocating Americans ship their household goods back to the U.S., they must provide personal data on vessel manifests.

Currently, this personally identifiable information — such as Social Security numbers, passport numbers, home addresses, and more — can be included in trade data that CBP is required to collect and make available for sale to data brokers.  This exposure puts Americans at risk of identity theft, financial fraud, and other crimes.

The Moving Americans Privacy Protection Act would protect the privacy of tens of thousands of Americans by requiring CBP to remove Americans' personal data before making trade data available for sale.

The Senate companion measure, sponsored by Senators Steve Daines (R-Montana), Gary Peters (D-Michigan), Roger Marshall (R-Kansas), and Debbie Stabenow (D-Michigan), passed the Senate earlier this Congress by unanimous consent.  The House version of the bill now heads to the Senate for approval before being sent to the President’s desk to be signed into law.

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American Trucking Associations is the largest national trade association for the trucking industry. Through a federation of 50 affiliated state trucking associations and industry-related conferences and councils, ATA is the voice of the industry America depends on most to move our nation’s freight.