News

The Commercial Vehicle Safety Alliance's (CVSA) 2023 North American Standard Out-of-Service Criteria are now available for purchase. The new criteria go into effect on April 1. The 2023 version replaces and supersedes all previous versions.

CVSA offers different formats of the new out-of-service criteria. Find the format that works best for you.

AVAILABLE NOW

• Spiral-bound, hard-copy handbook
• Electronic PDF with a restricted three device and/or web browser limit (cannot be printed or copy-and-pasted and is best viewed on a desktop computer)
• Spanish version (8.5" x 11")
• Bilingual English/Spanish version (8.5" x 11")
• French Canadian version (8.5" x 11")
• Bilingual English/French Canadian version (8.5" x 11")

COMING SOON

If the app is more your style, the 2023 out-of-service criteria will be available in the app next month. The app also contains inspection bulletins, inspection procedures, operational policies, access to CVSA Learning for online training, real-life photo examples of vehicle, cargo securement and hazardous materials/dangerous. 

The American Transportation Research Institute today released its 12th annual list highlighting the most congested bottlenecks for trucks in America. 

The 2023 Top Truck Bottleneck List measures the level of truck-involved congestion at over 300 locations on the national highway system. The analysis, based on an extensive database of freight truck GPS data, uses several customized software applications and analysis methods, along with terabytes of data from trucking operations to produce a congestion impact ranking for each location. ATRI’s truck GPS data is also used to support numerous state and federal freight mobility initiatives. The bottleneck locations detailed in this latest ATRI list represent the top 100 congested locations, although ATRI continuously monitors more than 300 freight-critical locations. 

For the fifth year in a row, the intersection of I-95 and SR 4 in Fort Lee, New Jersey is once again the Number One freight bottleneck in the country. The remaining Top 10 bottlenecks include: 

2.    Chicago: I-294 at I-290/I-88

3.    Houston: I-45 at I-69/US 59

4.    Atlanta: I-285 at I-85 (North)

5.    Atlanta: I-20 at I-285 (West)

6.    Chicago: I-290 at I-90/I-94

7.    Los Angeles: SR 60 at SR 57

8.    Los Angeles: I-710 at I-105

9.    Nashville: I-24/I-40 at I-440 (East)

10. San Bernardino, California: I-10 at I-15

ATRI’s analysis, which utilized data from 2022, found traffic conditions continue to deteriorate from recent years as more Americans returned to work post-pandemic. Consequently, supply chain bottlenecks occurred throughout the country. Average rush hour truck speeds were 36.3 MPH, down more than six percent from the previous year. Among the top-10 locations, average rush hour truck speeds were less than 30 MPH.  

“The past year-plus has shone a spotlight on our supply chains, and how congestion and other pressures can hurt the American economy and consumers,” said American Trucking Associations President and CEO Chris Spear. “ATRI’s bottleneck report highlights the areas of our transportation network in need of investment so we can get goods and people moving. The cost of doing nothing is felt in needless delays, wasted fuel and time.” 

For access to the full report, including detailed information on each of the 100 top congested locations, please visit ATRI's website. ATRI is also providing animations created with truck GPS data for select bottleneck locations, all available on the website.

On November 4, 2022, the Federal Motor Carrier Safety Administration’s (FMCSA) Drug and Alcohol Clearinghouse published information titled “Pre-employment Investigations for Drug and Alcohol Program Violations.”  The Clearinghouse notice (re-posted below) is a reminder to certain employers regarding a change requirement that will go into effect January 6, 2023.  On that date, three years of violation data will become available in the Clearinghouse and a pre-employment Clearinghouse query will satisfy the requirement to investigate whether a prospective driver had previous drug and alcohol program violations, as required by 49 CFR 391.23(e).  This query will also satisfy the requirements of 49 CFR 40.25.

Please be aware the Clearinghouse contains only information about a driver’s drug/alcohol testing history when employed by FMCSA-regulated employers.  If an employer is considering an applicant who was employed by an employer regulated by a DOT agency other than FMCSA (such as the Federal Railroad Administration, Federal Transit Administration, Federal Aviation Administration, etc.), that applicant’s information would not be reported to the Clearinghouse.  In these situations, the employer still is required to directly request drug and alcohol violation information from those DOT-regulated employers in accordance with 391.23(e)(4)(ii) and 40.25.

For any questions, please contact FMCSA’s Drug and Alcohol Clearinghouse at clearinghouse@dot.gov

The State of Connecticut (CT) will be imposing a Highway Use Fee that will impact carriers operating on highways in CT as of January 1, 2023. Certain carriers will be required to register with the Connecticut Department of Revenue Services (DRS) to ensure they are compliant and have the required permit when the new rule comes into effect.

Some carriers that could be impacted by the new Use Fee may have already received a letter from DRS with further details. More information, including compliance details and the permit application process, is available on the DRS website here.

All eligible motor vehicles that must register for a Highway Use Fee Permit include those that have a gross weight of 26,000 lbs or more and carry a classification between Class 8 and Class 13, inclusive, under the Federal Highway Administration vehicle classification system.

The Highway Use Fee is calculated based on an eligible motor vehicle’s weight and the number of miles driven in CT. The per‑mile fee rate increases based on the carrier’s gross weight, ranging from (1) 2.5 cents per mile for vehicles weighing 26,000-28,000 pounds (lbs.) to (2) 17.5 cents per mile for vehicles weighing more than 80,000 lbs.

To register for the Highway Use Fee, a carrier must complete and submit an application electronically on DRS’ online portal myconneCT.

Thank You to all who donated to Wreaths Across America

2022 TOTAL WREATHS DONATED 747

NJMTA would like to thank everyone who was able to donate this year. We set a 2022 goal of 600 wreaths and thanks to the generosity of our members and the trucking community we were able to exceed that goal.

Wreaths sponsored will be sent to Beverly National Cemetary in Beverly, NJ. Beverly National Cemetary is the final resting place for 49,000 veterans. National Wreaths Across America Day is December 17th, 2022.

THANK YOU TO ALL WHO DONATED

All Chemical Transport

All City Leasing & Warehousing Inc.

Atlantic Utility Trailer Sales

Ball Four Transport LLC

Bill Westervelt Asphalt Paving, Inc.

C. Winters Supply

Cambria Mack Trucks

Carbon Express, Inc.

Consultech Insurance Brokerage LLC

ContainerPort Group

Daybreak Express, Inc.

Eagle Systems, Inc.

Express Chassis

Freehold Cartage, Inc.

Harbor Freight Transport Corp.

Ho-Ro Trucking

John Krenzel, Attorney at Law

Kempton Wood Products

Keystone Lines - John Kellenberger

KHD LLC

Linden Warehouse and Distribution

Marlin Construction Services, Inc.

McCollister's Global Services, Inc.

MJD Trucking, Inc.

MX Logistics

NaboznyTransport LLC

Paraco Gas Corporation

Port Jersey Logistics

RED Trucking (Enzo Dinten)

Riverside Supply Co.

System Freight, Inc.

Taylor Oil Co.

Thor Xpress Transport, Inc.

Tom Adamski for Bob Griffin

TransAmerican Trucking

Transways Motor Express Co., Inc.

TRD Trucking Inc.

TrueNorth Companies

Valley Oils Co.

Wakefern Food Corp.

The American Transportation Research Institute today issued a call for motor carriers and drivers to participate in a new ATRI data collection on the impact of predatory towing in the trucking industry.

Predatory towing is any incident in which a tow truck operator egregiously overcharges, illegally seizes, damages by use of improper equipment, or withholds release of a truck and/or cargo. Recognizing its persistent negative impact on the industry, ATRI’s Research Advisory Committee (RAC) identified the need to better understand this problem as a top research priority earlier this year.

The short survey asks fleets to share which types of predatory towing they deal with most frequently, what fees or delays they consider predatory, and in which states they have encountered predatory tows. It also seeks participants for a second round of more detailed data collection that will allow ATRI to quantify the frequency and operational impact of each type of predatory event. All data collected will be kept completely confidential.

“We all know that predatory towing is an issue, yet until now there has been no robust analysis on how, when, and where it happens or the impact of legislation designed to regulate these predatory practices,” said Shawn R. Brown, Cargo Transporters Vice President of Safety. “By participating in ATRI’s data-driven research, carriers will be helping to answer these questions and outline solutions.”

Motor carriers and drivers are encouraged to complete the survey by clicking here.

NJMTA Official Sponsor of Wreaths Across America

Last year, NJMTA Members donated over 700 wreaths to the Wreaths Across America program.

Our 2022 goal is 600 wreaths. Please consider making a donation today.

We have extended our deadline to November 21. If you have any questions, please email jblazovic@njmta.org.

NJMTA would like to thank everyone who has donated so far this year.

All Chemical Transport

All City Leasing & Warehousing, Inc.

Ball Four Transport LLC

Cambria Mack Trucks

Carbon Express, Inc.

Consultech Insurance Brokerage LLC

Daybreak Express, Inc.

Eagle Systems, Inc.

Enzo Dinten

Freehold Cartage, Inc.

Harbor Freight Transport Corp.

John Krenzel, Attorney at Law

John Kellenberger - Keystone Lines

Linden Warehouse and Distribution

Marlin Construction Services, Inc.

McCollister's Global Services, Inc.

Nabozny Transport LLC

Paraco Gas

Port Jersey Logistics

Riverside Supply Co.

System Freight - Jamesburg, NJ

Thor Xpress Transport, Inc.

Tom Adamski for Robert Griffin

Trans American Trucking Service, Inc.

Transways Motor Express Co., Inc.

TrueNorth Companies

Wakefern Food Corp.

The NJMTA is an official sponsor of Wreaths Across America (WAA). Wreaths Across America's mission is:

·     Remembering our fallen heroes

·     Honoring those that serve

·     Teaching our children about the sacrifices made by veterans to preserve our freedoms

This is carried out by laying wreaths on veterans' grave across the country in December. This year the wreath laying will take place on December 18, 2021.

For years the trucking industry has donated/volunteered to handle the transportation of the wreaths from Maine to their final destination, as well as to sponsor wreaths.

Wreaths sponsored by NJMTA members will be sent to Beverly National Cemetery the final resting place for 49,000 veterans.

Our 2022 Goal is 600 Wreaths

You can help us reach our goal by donating towards the purchase of wreaths. They cost is only $15 each. 

      Absolute deadline for ordering wreaths is November 21, 2022

IMPORTANT EVENT!

Intermodal Trucking Industry Webinar

on the FMC Demurrage and Detention Billing Proposed Rule

The Federal Maritime Commission recently published a Notice of Proposed Rulemaking Regarding Demurrage and Detention Billing Requirements. The proposal, which was mandated by the Ocean Shipping Reform Act, would make significant positive changes for motor carriers by requiring that demurrage and detention invoices be sent only to “the person for whose account the billing party provided ocean transportation or storage.” As the FMC states in the preamble to the proposal, “practically, the proposed rule would prohibit billing parties from invoicing motor carriers.”  

The ATA Intermodal Motor Carrier Conference (IMCC) and the New Jersey Motor Truck Association (NJMTA) strongly supports the proposal and will be filing comments . Motor carriers will need to make their voice heard to FMC as well by filing their own comments. 

Please join us for an Intermodal Trucking Industry webinar to discuss the proposal. The webinar will walk through the key provisions of the proposal including who may be invoiced for demurrage and detention, what the invoices must include and the timeframes for proper billing. They will answer any questions you might have and provide examples of specific information that will be important as companies write their own comments. 

IMCC will also be providing sample comments for companies to use as a template for their own comments.  

All NJMTA members involved in intermodal trucking should attend this informative webinar.

Comments are due on December 13th. 

We need to ensure that FMC hears from our industry!

REGISTER HERE!

On November 16, 2022, FMCSA will issue guidance regarding the definition of what constitutes a “broker” and a “bona fide agent” of a broker. The guidance is not a rulemaking and will be effective immediately. However, FMCSA has nevertheless requested comment on the guidance and may issue updated guidance based on comments received. The comment period will be open for 60 days.

The guidance is issued pursuant to a mandate of the Infrastructure Investment and Jobs Act (“IIJA”), which directed FMCSA to consider the role of so-called “dispatch services” in transportation and whether such services, which often purport to “represent” multiple motor carriers, can be considered a “bona fide agent” of a motor carrier. The question of whether a dispatch service can be a bona fide agent of a motor carrier is important because bona fide agents of motor carriers are not required to hold broker authority when acting in the capacity of an agent of the motor carrier. 

Under existing regulations, a bona fide agent of a motor carrier is defined as “persons who are part of the normal organization of a motor carrier and perform duties under the carrier’s directions pursuant to a preexisting agreement which provides for a continuing relationship, precluding the exercise of discretion on the part of the agent in allocating traffic between the carrier and others.” 49 C.F.R. 371.2(b). 

Moving to the actual guidance proffered by the FMCSA, one issue that was apparently raised by numerous commenters, with comment on both sides, was whether and to what extent handling of monies paid by shippers for motor carrier transportation is determinative of whether one acts as a broker. According to FMCSA, “handling money exchanged between shippers and motor carriers is a factor that strongly suggests the need for broker authority, but it is not an absolute requirement for one to be considered a broker.”  Electronic load boards that do more than match loads may want to assess their status. 

As to the question of whether one can represent multiple motor carriers and still operate as a bona fide agent, the FMCSA was less clear. The FMCSA did not adopt an interpretation that a bona fide agent may only represent a single carrier. Rather, FMCSA stated: “Any determination will be highly fact specific and will entail determining whether the person or company is engaged in the allocation of traffic between motor carriers.” We take this conclusion to mean that FMCSA believes one could represent multiple motor carriers without having discretion as to how to allocate freight between motor carriers. For instance, it may be possible that a party is appointed as an agent of multiple motor carriers, but only one of the carriers has a contract to service a specific shipper. In that instance, the agent would presumably not have discretion in allocating freight amongst the motor carriers. 

Regarding dispatch services, FMCSA acknowledged that the term is poorly defined, but identified three features that appeared to be common amongst the various proposed descriptions. 

First, they work exclusively for motor carriers, not for shippers. Second, they source loads for motor carriers. And third, they perform additional services for motor carriers that are unrelated to sourcing shipments.

Given the generality of the description, it is not surprising that FMCSA then proposed a fact-specific approach to answering the question of whether a dispatch service is required to hold broker authority or whether it is a bona fide agent, but did offer some guidance:

When a dispatch service does not participate in the arrangement of freight, or when it represents only one motor carrier, it is not a broker. If a dispatch service arranges transportation on behalf of multiple motor carriers and engages in the allocation of traffic, however, then pursuant to 49 C.F.R. 371.2, it is not a bona fide agent and must obtain broker operating authority registration. . . Regarding whether a dispatch service is a bona fide agent, one must analyze whether the services fall within the definition of bona fide agent in 49 C.F.R. 371.2(b). However, if the dispatch service allocates traffic between two motor carriers, it cannot be a bona fide agent by definition.

This guidance begs multiple questions, including what does FMCSA mean by “participate in the arrangement of freight.” For instance, would the FMCSA consider identifying a load, negotiating the rate, and communicating regarding pick-up and delivery times as participating in the arrangement of freight? It also begs the question of what is meant by “engages in the allocation of traffic.” Say, for instance, a dispatch service identifies a load that would be a good fit for multiple motor carriers that it represents, and either carrier would be required to enter into a new contract with the shipper to move the freight- is the dispatch service allocating freight by communicating its existence to each carrier? 

The FMCSA did provide additional guidance. Specifically, the following would be factors indicating that a dispatch service does not require broker authority. 

Generally, the factors relevant to whether a dispatch service is not required to obtain broker authority are stated below:

(1) The dispatch service has a written legal contractual relationship with a motor carrier that clearly reflects the motor carrier is appointing the dispatch service as a licensed agent for the motor carrier. This is often a long-term contractual relationship;

(2) The written legal contract specifies the insurance and liability responsibilities of the dispatch service and motor carrier. The dispatch service must also meet all state licensing requirements;

(3) The dispatch service goes through a broker to arrange for the transportation of shipments for the motor carrier. The dispatch service may not seek or solicit shippers for freight;

(4) The dispatch service does not provide billing nor accept compensation from the broker, 3PL (third-party logistics company), or factoring company, but instead receives compensation from the motor carrier(s) based on the pre-determined written legal contractual agreement;

(5) The dispatch service is not an intermediary or involved in the financial transaction between a broker and motor carrier;

(6) The dispatch service is an IRS 1099 recipient from the motor carrier, or a W2 employee of the motor carrier as specified in the legal written contract agreement;

(7) The dispatch service discloses that they are a dispatch service operating under the authority of a specific motor carrier, and the shipment is arranged for that motor carrier only;

(8) The dispatch service does not subsequently assign or arrange for the load to be carried/moved by another motor carrier; or

(9) A dispatch service does not provide their “services” for a motor carrier unless that motor carrier specifically appointed the dispatch service as their agent in accordance with the aforementioned requirements.

The following factors would indicate the dispatch service should obtain broker authority:

(1) The dispatch service interacts or negotiates a shipment of freight directly with the shipper, or a representative of the shipper;

(2) The dispatch service accepts or takes compensation for a load from the broker, or factoring company, or is involved in any part of the monetary transaction between any of those entities;

(3) The dispatch service arranges for a shipment of freight for a motor carrier, with which there is no written legal contract with the motor carrier that meets the aforementioned criteria;

(4) The dispatch service accepts a shipment without a truck/carrier, then attempts to find a truck/carrier to move the shipment;

(5) The dispatch service is a named party on the shipping contract; or

(6) The dispatch service is soliciting to the open market of carriers for the purposes of transporting a freight shipment.

It is clear, based on feedback from the industry, that there is a need and desire for dispatch services among large and small motor carriers. A beneficial role that a dispatch service may provide is the outsourcing of resources for small motor carriers who cannot afford a full-time employee to perform these functions. The dispatch service can help to ensure the motor carrier has a steady stream of shipments while allowing the motor carrier to focus on its core business of safely transporting freight. FMCSA does not believe it is the intent of Congress to eliminate the services that dispatch services provide.

While no single factor is paramount in assessing the business relationship between a dispatch service and a motor carrier, the extent of a motor carrier’s control over the individual(s) performing the dispatch services is highly significant, i.e., the dispatch service works on behalf of the motor carrier and makes decisions based on the motor carrier’s guidance and direction. As noted, FMCSA determines whether a dispatcher is conducting broker operations on a case-by-case basis, utilizing factors including those above.

If you have questions or want to discuss potentially drafting follow-up comments, please contact Nathaniel Saylor or Prasad Sharma.