The Ed Durr revenge bill advances

By MATT FRIEDMAN 

 

03/24/2023 06:55 AM EDT

Good Friday morning! 

Is it just a coincidence that not long after a Republican truck driver ousted Democratic Senate President Steve Sweeney, Democrats in the Assembly introduced a bill to expand New Jersey’s law prohibiting trucks in the left lane in some circumstances and toughen penalties?

Well, yeah, it probably is. That would be a ridiculously complicated — if funny — way to get revenge at the truck driver, state Sen. Ed Durr. But I called him about it anyway.

“I find that to be outrageous at the very least, and discriminatory. Just because they’re trucks they can’t pass a car, when a car is going too slow they have to stay in the right lane?” Durr said.

I wrote about this bill when it was introduced last summer. On Thursday, the Assembly Transportation Committee approved it 9-1 despite the passionate objections from trucking and food industry lobbyists. While the bill might help some annoyed drivers, they said it was unworkable and unfair.

New Jersey already bars vehicles weighing 10,000 pounds or more from the left lane of highways with three or more lanes in each direction. Under this bill, NJ A4470, trucks would be barred from the left lane even on two-lane highways, with some exceptions. Penalties for the offense would also double, from up to $300 to up to $600. And, at least under the current version of the bill, the truck drivers would have to show up to court in person to pay the fine, rather than online or by mail.

“I’m a truck driver from Utah and I’m unaware of a stupid New Jersey law, and I have to come back to pay a fine?” said Eric DeGesero, a lobbyist for the New Jersey Motor Truck Association, who added that a farmer’s F350 pick up truck can weigh over 10,000 pounds. “It’s punitive on top of punitive on top of punitive on top of punitive and it’s unsafe.”

TIPS? FEEDBACK? HATE MAIL? Email me at mfriedman@politico.com.

The American Trucking Associations is hailing congressional leaders for their efforts to repeal the antiquated federal excise tax on the purchase of new trucks.

"The federal excise tax on purchases of trucks adds nearly $25,000 to the cost of new equipment – slowing deployment of safer and more environmentally friendly vehicles," said ATA President and CEO Chris Spear. "This more than 100-year-old tax – first instituted to support American troops during the First World War, has far outlived its usefulness and now acts as an impediment to creating jobs, reducing emissions and improving highway safety."

The Modern Clean and Safe Trucks Act of 2023 was introduced in both the House and Senate by a bipartisan coalition of Congressmen and Senators, led by Reps. Doug LaMalfa, Chris Pappas, Earl Blumenauer and Darin LaHood in the House and Sens. Ben Cardin and Todd Young in the Senate.  The FET is currently the highest percentage excise tax – at 12 percent - levied on any product.

"ATA thanks these champions for their leadership on this critical issue. We encourage Congress to take up and pass this legislation, an important step that will lead to both safer highways and decreased emissions," said Spear.

The Commercial Vehicle Safety Alliance (CVSA) has announced May 16-18 as this year’s International Roadcheck. International Roadcheck is a high-visibility, high-volume 72-hour inspection and enforcement event where CVSA-certified inspectors in Canada, Mexico and the U.S. will conduct inspections of commercial motor vehicles and drivers at weigh/inspection stations, designated inspection areas and along roadways.

This year, inspectors will focus on anti-lock braking systems (ABS) and cargo securement to highlight the importance of those aspects of vehicle safety. Although ABS violations are not out-of-service violations, ABS play a critical role in reducing the risk of collisions by preventing the wheels from locking up or skidding, allowing a driver to maintain control of the vehicle while braking. In addition, improper cargo securement poses a serious risk to drivers and other motorists by adversely affecting the vehicle’s maneuverability, or worse, causing unsecured loads to fall, resulting in traffic hazards and vehicle collisions.

During International Roadcheck, inspectors will conduct their usual roadside safety inspections of commercial motor vehicles and drivers. Data will be gathered from those three days and shared later this year, as a snapshot of the state of commercial motor vehicle and driver safety.

International Roadcheck also provides an opportunity to educate the motor carrier industry and general public about the importance of safe commercial motor vehicle operations and the North American Standard Inspection Program.

During a routine North American Standard Level I Inspection, inspectors focus on two areas – driver and vehicle safety compliance.

• Vehicle safety – Inspectors will ensure the vehicle’s brake systems, cargo securement, coupling devices, driveline/driveshaft components, driver’s seat, fuel and exhaust systems, frames, lighting devices, steering mechanisms, suspensions, tires, wheels, rims, hubs and windshield wipers are compliant with regulations. Inspections of motorcoaches, passenger vans and other passenger-carrying vehicles also include emergency exits, seating, and electrical cables and systems in the engine and battery compartments.
• Driver safety – Inspectors will check the driver’s operating credentials, hours-of-service documentation, status in the drug and alcohol clearinghouse, seat belt usage, and for alcohol and/or drug impairment.

Vehicles that successfully pass a Level I or Level V Inspection without any critical vehicle inspection item violations may receive a CVSA decal, which is valid for three months. If the inspector does identify critical vehicle inspection item violations, as outlined in the North American Standard Out-of-Service Criteria, the vehicle will be restricted from operating until the identified out-of-service conditions have been corrected. Inspectors may also restrict the driver from operating if the driver is found to have driver out-of-service violations, such as not possessing a valid or necessary operating license or exhibiting signs of impairment.

CVSA’s law enforcement member jurisdictions in cities, states, districts, provinces and territories in Canada, Mexico and the U.S. participate in International Roadcheck with support from trucking associations, transportation safety organizations and federal agencies, such as the Federal Motor Carrier Safety Administration, Transport Canada and Mexico’s Ministry of Infrastructure, Communications and Transportation.

The American Transportation Research Institute (ATRI) today launched a survey seeking motor carrier input on the impact of marijuana legalization on the trucking industry’s workforce. This research was identified as a top priority in 2022 by ATRI’s Research Advisory Committee and will expand on ATRI’s 2019 study on the impacts of marijuana legalization on roadway safety. 

Motor carrier staff and executives familiar with driver recruitment, retention and drug testing practices and trends are asked to share their input through the online survey. This timely research will provide insight into the specific challenges motor carriers face as the use of recreational marijuana grows in the U.S. The findings should also provide insight into approaches the industry can take to address these challenges. 

“States are moving quickly to legalize recreational marijuana use,” said Fred Fakkema, Vice President of Safety and Compliance at Zonar Systems and Chairman of the American Trucking Associations' Law Enforcement Advisory Board. “This rapid change directly impacts fleets and their workforce; ATRI’s research will help quantify those impacts.” 

ATRI’s confidential survey is available online here and will remain open through March 17, 2023.

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.