News

Today, FMCSA issued a proposed rulemaking (Transparency in Property Broker Transactions) to amend property broker obligations.

FMCSA proposes amendments to its property broker rules in response to petitions for rulemaking from the Owner-Operator Independent Drivers Association (OOIDA) and the Small Business in Transportation Coalition (SBTC).

Under current regulations, the parties to a brokered freight transaction have a right to review the broker's record of the transaction, which stakeholders often refer to as “broker transparency.” Contracts between brokers and motor carriers frequently contain waivers of this right. OOIDA requested that FMCSA promulgate a requirement that property brokers 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 of property from coercing or requiring parties to brokers' transactions to waive their right to review the record of the transaction as a condition for doing business and prohibit the use of clause(s) exempting the broker from having to comply with this transparency requirement. Though the proposed rule is responsive to the petitions in reinforcing the broker transparency requirement, the proposed provisions differ from those requested by OOIDA and SBTC.

The proposed rule would revise the regulatory text to make clear that brokers have a regulatory obligation to provide transaction records to the transacting parties on request. The proposal would also make changes to the format and content of the records.

Comments must be received on or before January 21, 2025.

CLICK HERE to read Federal Register notice.

Law enforcement officers in Canada and the U.S. pulled over 11,050 vehicles during this year’s Operation Safe Driver Week. Officers issued 2,712 tickets/citations and 3,228 warnings to commercial motor vehicle and passenger vehicle drivers for various unsafe driving infractions.

Operation Safe Driver Week is an annual, pre-announced safe-driving initiative aimed at improving driving behaviors through traffic enforcement strategies, interactions with law enforcement, and outreach and awareness campaigns.

From July 7 to 13, officers issued 2,439 warnings and 1,583 tickets/citations to commercial motor vehicle drivers and 789 warnings and 1,129 tickets/citations to passenger vehicle drivers for unsafe driving behaviors.

Reckless/careless/dangerous driving was the focus area for this year’s Operation Safe Driver Week. Five warnings and 31 citations were given to drivers for reckless, careless or dangerous driving. Any person who drives a vehicle in willful or wanton disregard for the safety of persons or property is driving recklessly. Careless/dangerous driving is defined as operating a vehicle without due care and attention or reasonable consideration for other motorists or people on the road.

Speeding was a top infraction during Operation Safe Driver Week. A total of 1,694 warnings and 1,226 citations/tickets were issued for speeding. Commercial motor vehicle drivers received 1,221 warnings and 502 tickets/citations, and passenger vehicle drivers received 473 warnings and 724 citations/tickets for speed-related infractions.

According to the U.S. National Highway Traffic Safety Administration (NHTSA), there were 12,330 speeding-related fatalities in the U.S. in 2021, and speeding was a contributing factor in 29% of all fatal motor vehicle traffic crashes. Transport Canada found that speeding was contributing factor in 21.9% of all fatal collisions in Canada in 2022.

Another top unsafe driving behavior identified during Operation Safe Driver Week was failure to wear a seat belt. A total of 354 warnings and 554 tickets/citations were issued. According to the Centers for Disease Control and Prevention, wearing a seat belt is the most effective way to prevent injury or death in a motor vehicle crash. Seat belts reduce serious crash-related injuries and deaths by about half.

Commercial motor vehicle drivers received 328 warnings and 473 tickets/citations for not wearing their seat belt. According to the U.S. Federal Motor Carrier Safety Administration (FMCSA), an estimated 14% of commercial motor vehicle drivers do not wear their seat belt.

During Operation Safe Driver Week, passenger vehicle drivers were given 26 warnings and 81 tickets/citations for failure to wear a seat belt. NHTSA states that 8.1% of passenger vehicle drivers do not wear their seat belt.

Texting or using a handheld device was another top violation. A total of 158 warnings and 169 tickets/citations were issued to drivers who were texting or using a mobile device while driving. Passenger vehicle drivers received 67 warnings and 54 tickets/citations for texting/using a handheld device while behind the wheel. Commercial motor vehicle drivers received 91 warnings and 115 tickets/citations for texting/using a handheld device while operating a commercial motor vehicle.

NHTSA states that distracted driving claimed 3,308 lives in the U.S. in 2022. And according to Transport Canada’s National Collision Database, distracted driving contributed to an estimated 22.5% of fatal collisions on Canada’s roadways in 2021.

Thirty drivers received warnings and 49 were given a ticket/citation for possession/use/under influence of drugs/alcohol. In 2020, 11,654 people were killed in motor vehicle crashes involving impaired drivers, accounting for 30% of all traffic-related deaths in the U.S. Police-reported data for 2022 indicated that 70,588 impaired driving incidents were reported in Canada.

In the U.S., commercial driver’s license (CDL) holders and commercial learner’s permit (CLP) holders with drug and alcohol program violations are identified in FMCSA’s Drug and Alcohol Clearinghouse. CDL holders with “prohibited” status in the clearinghouse have lost their CDL or CLP and must complete the return-to-duty process to become eligible to have their license reinstated.

In addition to traffic stops, another important aspect of the Operation Safe Driver Week campaign is raising awareness of the dangers of unsafe driving behaviors in an effort to dissuade such behaviors.

CVSA mailed approximately 65,000 Operation Safe Driver Week postcards to inspectors and motor carriers for distribution in the weeks leading up to and during Operation Safe Driver Week.

CVSA worked with the Paramount/CBS network to educate passenger vehicle drivers about safely sharing the roads with large trucks. The campaign included videos, digital ad banners, and video and static awareness ads, which were featured on websites, social media and CBS’s digital streaming channels. The digital campaign delivered more than 8 million impressions.

In addition, the identification and prevention of human trafficking is a priority for law enforcement jurisdictions throughout North America. During Operation Safe Driver Week, officers reported conducting 1,924 awareness and educational activities to raise awareness of the crime of human trafficking, indicators to look for and what to do when a victim of human trafficking has been identified

The Operation Safe Driver Program, part of the Commercial Vehicle Safety Alliance’s suite of transportation safety programs, was created to reduce the number of crashes involving commercial motor vehicles and passenger vehicles due to unsafe driving behaviors. Through initiatives like Operation Safe Driver Week, law enforcement jurisdictions, the motor carrier industry and federal agencies work together toward the same goal – preventing crashes, injuries and fatalities on North America’s roadways.

Drivers reminded to Move Over for stopped emergency and work vehicles

As part of National Crash Responder Safety Week, November 18 – 22, New Jersey Department of Transportation (NJDOT) Commissioner Fran O’Connor is reminding motorists to Move Over for stopped emergency and work vehicles. This year a total of 32 responders have been struck and killed nationally while working in or near moving traffic.

“Crash Responder Safety Week raises public awareness of the dangers our emergency personnel and other roadway workers face every day,” NJDOT Commissioner Fran O’Connor said. “We all have a responsibility to protect those who protect you. When you see emergency personnel and workers on the road, slow down and move over—it’s the law!”

To support the effort, Governor Murphy signed a proclamation declaring November 18 – 22 as National Crash Responder Safety Week in New Jersey. The goal is to help bring awareness to crash responder safety and the dangers of failing to abide by laws established to protect first responders and motorists at crash scenes.

The New Jersey Move Over Law (New Jersey Statute 39:4-92.2) requires motorists to slow down and move over at least one lane, if safe, when there are emergency personnel and workers on the road. Otherwise, a driver must slow down to provide a safer work environment for all first responders, authorized emergency vehicles, and workers on New Jersey roads.

New Jersey is a leading state in Traffic Incident Management (TIM) Responder Training provided by NJDOT. It brings police, firefighters, medical personnel, transportation, towing, and other incident responders together to engage in interactive, hands-on incident resolution exercises. In New Jersey, more than 37,000 first responders have completed NJDOT’s TIM training. TIM training is available online, making it possible for even more emergency and incident response personnel to access this life-saving training.

The Federal Highway Administration (FHWA) has recognized NJDOT for TIM Training Best Practices related to the creation of training videos and NJDOT’s comprehensive website, www.NJTIM.org, where the online training can be found. The TIM training program focuses on response efforts that protect both motorists and responders at the scene of a crash while minimizing the impact on traffic flow. Multiple agencies working together is a critical factor to safely and quickly responding to and clearing incidents.

For information about New Jersey’s TIM program, or for responders looking to receive this free training, visit NJTIM.org. For real-time travel information, check NJDOT's traffic information website www.511nj.org, and for NJDOT news follow us on X (Twitter) @NewJerseyDOT, on the NJDOT Facebook page, or Instagram @NewJersey.DOT.

Today, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) removed three devices from the agency’s list of registered electronic logging devices, or ELDs. Keep Tracking, Rollingtrans ELD - ACCURATE ONE, and RT ELD Plus - ACCURATE PLUS devices were placed on the Revoked Devices list due to the companies’ failure to meet the minimum requirements established in 49 CFR part 395, subpart B, appendix A. The removals are effective November 18, 2024.

FMCSA will send an industry-wide email to inform motor carriers that all who use these revoked ELDs must take the following steps:

1. Discontinue using the revoked ELDs and revert to paper logs or logging software to record required hours of service data.
2. Replace the revoked ELDs with compliant ELDs from the Registered Devices list before January 17, 2025.

Motor carriers have up to 60 days to replace the revoked ELDs with compliant ELDs. If the ELD providers correct all identified deficiencies for their devices, FMCSA will place the ELDs back on the list of registered devices and inform the industry of the update.

During this time, safety officials are encouraged not to cite drivers using these revoked ELDs for 395.8(a)(1) – “No record of duty status” or 395.22(a) – “Failing to use a registered ELD.” Instead, safety officials should request the driver’s paper logs, logging software, or use the ELD display as a back-up method to review the hours of service data.

Beginning January 17, 2025, motor carriers who continue to use the revoked devices listed above will be considered as operating without an ELD. Safety officials who encounter a driver using a revoked device on or after January 17, 2025 should cite 395.8(a)(1), and place the driver out-of-service (OOS) in accordance with the Commercial Vehicle Safety Alliance OOS Criteria.

FMCSA strongly encourages motor carriers to take the actions listed above now to avoid compliance issues in the event that the deficiencies are not addressed by the ELD providers.
For more information on ELDs, visit FMCSA’s ELD website.

Truckers and legislators in half of the 10 states that automatically adopted California’s Advanced Clean Trucks regulation are trying to put the brakes on before the 2025 rules take effect for their residents.

At issue are looming requirements to start imposing the regulation enacted by the California Air Resources Board zero-emission electric vehicles sales requirements, plus a one-time reporting requirement for large companies and fleets.

The first of the 10 states to follow California’s lead will see CARB restrictions start in 2025. They are Massachusetts, New Jersey, New York, Oregon and Washington. Vermont’s date begins in 2026. Colorado, Maryland, New Mexico and Rhode Island have until 2027.

READ MORE

Many trucking companies look to federal statutes and related authority for guidance on a myriad of labor-related issues, including whether to classify workers as independent contractors or employees. Although consulting federal legal authority is necessary, it is not, on its own, sufficient: federal law provides a floor for worker protections but, in many instances, state-level authority mandates higher standards. In the trucking industry, two common compliance issues arise when employers overlook applicable state authority, which can result in the misclassification of independent contractors or failure to pay required overtime. Inadvertently misclassifying workers because a state-level standard is overlooked can be painful and expensive, as one recent industry example made clear.

Misclassification can be costly:

On October 11, 2024, the print media delivery company Publishers Circulation Fulfillment, Inc. (“PCF”) entered into a Settlement Agreement with the New Jersey Department of Labor and Workforce Development (“NJDOL”), in which it agreed to pay a gross settlement sum of $2,750,000 for alleged contractor misclassifications. The NJDOL alleged that PCF misclassified worker statuses, resulting in several violations of wage and hour laws, including those applying to wages and earned sick leave.

Under federal standards, a number of tests can apply to worker classifications, depending on the specific context. In New Jersey, however, companies engaging independent contractors must ensure that each contractor satisfies the “NJ ABC Test,” which creates an automatic presumption that workers are employees unless each of the following are satisfied:

• The individual has been, and will continue to be, free from control or direction over the performance of work performed, both under contract of service and in fact; and
• The work is either outside the usual course of the business for which such service is performed, or the work is performed outside of all the places of business of the enterprise for which such service is performed; and
• The individual is customarily engaged in an independently established trade, occupation, profession or business.

If an independent contractor is misclassified, the worker is, by default, deemed an employee and, therefore, the employee is entitled to all applicable legal protections for employees, including overtime and paid sick leave. This is the lesson PCF paid the cost to learn.

Overtime in the Trucking Industry:

Another common misconception is that New Jersey-based trucking employees are not entitled to overtime. This is not the case.

In most fields, one of the primary protections afforded to non-exempt employees is that they are entitled to time and a half their hourly wage for each overtime hour worked.

Federal statutes, however, exempt certain trucking industry employees from overtime pay requirements under what is commonly referred to as the Motor Carrier Exemption. This exemption applies to employees who are:

• Employed by a motor carrier or motor private carrier;
• Drivers, driver’s helpers, loaders, or mechanics whose duties affect the safety of operation of motor vehicles in transportation on public highways in interstate or foreign commerce; and
• Not covered by the small vehicle exception.

Federal law, however, only sets the floor for worker protections. As PCF learned the hard way, New Jersey follows its own rules.

Instead of exempting workers from overtime wages altogether, New Jersey requires that trucking employers pay covered employees overtime compensation at a rate of time and a half the state minimum wage (as opposed to the employee’s hourly wage).

What does this mean? Employers in the trucking industry still need to pay workers overtime, but at this reduced rate, unless the worker’s salary already exceeds the time and a half state minimum wage threshold. See N.J. Stat. § 34:11-56a4(f). If the employee’s base salary is higher than the time and a half state minimum wage figure, no overtime must be paid for these covered employees.

Conclusion:

To avoid costly penalties and fines, it is imperative that trucking companies keep the floor and the ceiling in mind and establish (and follow) best practices to ensure compliance with independent contractor and wage and hour laws, under both federal and state guidelines. For further guidance, please reach out to the Trucking and Logistics Team at Becker LLC: 

Michael Bartels, Chief Development Officer and T&L Team Member:  mbartels@becker.legal.

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The New Jersey Board of Public Utilities (NJBPU) today announced the adoption of minimum filing requirements (MFRs) that direct the state’s investor-owned electric distribution companies (EDCs) to propose programs to expand charging access for medium-and-heavy-duty (MHD) electric vehicles (EVs) and fleets. The expansion of New Jersey’s EV charging ecosystem will catalyze the ongoing clean transition of the state’s fleet, yielding significant greenhouse gas (GHG) emissions reductions within the state’s transportation sector and improving localized air quality.

New Jersey’s transportation sector accounts for nearly 40% of the state’s net GHG emissions, with MHD trucks and busses emitting an outsized share of those emissions. Low-income neighborhoods and communities of color are more likely to be exposed to these pollutants due to their disproportionate proximity to freight corridors, ports, and distribution centers. The adopted MFRs allow utilities to provide additional “bonus” incentives for overburdened municipalities and overburdened communities adjacent to Freight EV Corridors, as well as small businesses.

“Today’s announcement by the BPU is a key part of my Administration’s whole-of-government approach to reducing harmful emissions from the transportation sector that negatively impact the health of our residents,” said Governor Phil Murphy. “Along with New Jersey’s action on Advanced Clean Trucks and the Clean Corridors Coalition, we are building a robust charging infrastructure for a clean transportation future.”

“Under Governor Murphy’s leadership and in coordination with New Jersey’s EDCs, the NJBPU remains at the forefront of advancing smart, clean transportation initiatives and infrastructure that provide considerable health and environmental benefits,” said NJBPU President Christine Guhl-Sadovy. “These benefits are especially vital to the overburdened communities that have borne the brunt of air pollution and its health effects for far too long.”

The MFRs will allow EDCs to propose incentives for the “Make Ready” chargers for public-serving fleets and certain private fleets located in or serving overburdened municipalities and overburdened communities adjacent to Freight EV Corridors.

To ensure that MHD EV charging is built in scalable ways that take capacity into account, the MFRs will connect applicants to utilities and require that utilities create and update capacity maps demonstrating where the grid is capable of supporting MHD charging. In addition, they provide the framework for proactive planning for public charging stations over 500 kW, fleets, and multi-unit dwellings. These planning and technical services will help ensure that these projects are connecting with utilities early and often, allowing for better grid planning and accelerating this critical piece of the 2019 Energy Master Plan.

The MFRs also require that EDCs create managed charging programs to balance the demand on the grid and encourage users to charge at night.

The adopted MFRs build upon the Murphy Administration’s ongoing efforts to promote clean transportation and expand EV charging infrastructure across the state. EDCs will be required to file their proposed programs with the Board within 120 days of the Order.

In July, the U.S. Environmental Protection Agency announced the selection of the Clean Corridor Coalition, led by the New Jersey Department of Environmental Protection, to receive a nearly $250 million Climate Pollution Reduction Grant. The Clean Corridor Coalition – which includes the Connecticut Department of Energy and Environmental Protection, the Delaware Department of Transportation, and the Maryland Departments of the Environment and Transportation – aims to deploy EV charging infrastructure for commercial zero-emission MHD vehicles along the Interstate-95 freight corridor.

Today, the U.S. EPA and NJDEP announced the arrival of this historic funding at the Vince Lombardi Service Area in Ridgefield, New Jersey.

About New Jersey’s Clean Energy Program (NJCEP)

NJCEP, established on January 22, 2003, in accordance with the Electric Discount and Energy Competition Act (EDECA), provides financial and other incentives to the State's residential customers, businesses and schools that install high-efficiency or renewable energy technologies, thereby reducing energy usage, lowering customers' energy bills and reducing environmental impacts. The program is authorized and overseen by the New Jersey Board of Public Utilities (NJBPU), and its website is www.NJCleanEnergy.com.

About the New Jersey Board of Public Utilities (NJBPU) 

NJBPU is a state agency and regulatory authority mandated to ensure safe, adequate and proper utility services at reasonable rates for New Jersey customers. Critical services regulated by NJBPU include natural gas, electricity, water, wastewater, telecommunications and cable television. The Board has general oversight and responsibility for monitoring utility service, responding to consumer complaints, and investigating utility accidents. To find out more about NJBPU, visit our website at www.nj.gov/bpu.