trucking lobby

Published on: October 6, 2020

FMCSA Denies Pet Exemptions for Truck Drivers

The federal administration has denied a petition by a business group for extension of the hours of service and electronic logging rules that apply to truck drivers travelling with their pets.

The group, Small Business Transportation Coalition, had submitted a petition to the Federal Motor Carrier Safety Administration. In the petition, the group requested exemptions for truck drivers from two of the Federal Motor Carrier Safety Administration’s mandates, including the mandate for electronic logging devices on all trucks as well as the Hours of Service requirements.

According to the petition, drivers travelling with pets should be exempted from the Hours of Service requirements and be permitted to drive for up to 13 hours during their shift. That would be beyond the current truck driving limits imposed by the Federal Motor Carrier Safety Administration. According to the petition, truck drivers benefit from travelling with their pet companions, as this helps relieve boredom and loneliness during long journeys. Longer driving hours would actually help these drivers drive slower, because of the various activities like feeding and walking that they would have to perform in connection with the care of their pets. According to the petition, these drivers would, therefore, need more than the normal hours in order to complete their shifts.

Published on: March 17, 2020

FMCSA Relaxes Hours of Service Rules to Deal with Covid-19 Trucking Needs

by Robert N. Katz, Esq.

The recent times have been unprecedented in our country. Preparations from medical to supply chain are being made across the country to meet the needs and demands of the Covid-19 pandemic.

To aid in delivering goods and supplies, the Federal Motor Carrier Safety Administration has decided to relax some of the Hours–of–Service regulations that truck drivers are required to adhere to, in order to meet the increased shipping needs caused by the Covid-19 pandemic.

Hand sanitizers, alcohol wipes, masks and other medical essentials are all in short supply in many states across the country. Panic buying, which has been seen across the country since it became clear that the Covid-19 virus outbreak would be more serious than we believed, has meant many empty shelves at supermarkets and stores across the country. People are running short of basic essentials, including even food items in many areas.

Published on: February 17, 2014

GAO Report Finds Fault with Federal Trucking Safety Rating System

by Robert N. Katz, Esq.

Commercial trucking accidents are one of the biggest hazards facing American drivers, and contribute to an average of 4,000 fatalities every year. Although the Federal Motor Carrier Safety Administration has a system for rating the safety performance of commercial truck companies and bus carriers, a new report finds that the system is inadequate, and delivers incorrect results.

Those are the findings of a new report released by the Government Accountability Office (GAO). The GAO recently completed an audit of the Federal Motor Carrier Safety Administration’s Compliance, Safety, Accountability program. The Compliance, Safety, Accountability program uses data collected from roadside inspections of trucks and 18- wheelers, as well as data from accident investigations, and uses this information to compare the performance of commercial truck and bus carriers. Trucks and buses are compared to other carriers of similar size and other characteristics.

The data are then used to increase oversight and scrutiny over the truck and bus carriers that the data finds have the highest number of safety violations.The data are compared with other trucking and bus companies as part of the Compliance, Safety, Accountability program’s Safety Measurement System.

Published on: August 12, 2013

U.S. DOT Eliminates Truck Safety Inspection Report Requirement

by Robert N. Katz, Esq.

As part of a new reprieve granted by the United States Department of Transportation (USDOT), truck drivers who perform daily pre-and post-trip safety inspections of their vehicle do not have to file a report if their inspection does not yield any defects.

USDOT has relaxed the requirement that mandated that trucking companies file a report for every inspection conducted by a driver before and after a trip, even if the inspection does not yield any defects. However, that does not mean that truck drivers don’t have to conduct inspections anymore. Inspections still have to be conducted as normal, but if no defects are found, the driver does not need to fill out any paperwork.

That means more time savings for truck drivers, and not surprisingly, the trucking industry has been very pleased with this reprieve granted by USDOT. The change comes as part of a directive by President Barack Obama, asking federal agencies to cut down regulation and red tape that could be hindering their business’ ability to make profits.

Published on: November 23, 2011

FMCSA Postpones Publication of Truck Driver Work Rules – Increase in Truck Accidents Likely

by Robert N. Katz, Esq.

Atlanta truck accident lawyers, trucking safety groups and others who have been waiting for the Federal Motor Carrier Safety Administration to publish its Hours of Service rules for truck drivers, will have to wait a little longer.Unfortunately, this delay is likely to increase the number of truck accidents and, therefore, the number of persons who suffer personal injury and wrongful death due to these accidents. The Federal Motor Carrier Safety Administration has released a statement saying that it has decided to postpone publication of the work rules for at least another month.

The agency had been required to meet the deadline of October 28 for the publication of the new rules.However, in a statement, the agency says that several parties that have been opposed to the rule have agreed to an extension of the deadline for publication.The agency expects a deal to be announced on November 28, 2011.

The Federal Motor Carrier Safety Administration’s decision to postpone the publication of the rule is no surprise to any Atlanta truck accident attorney.After all, the agency’s proposal to review the Hours of Service for truck drivers has been a controversial one, and is heavily opposed by the trucking industry.

Published on: January 7, 2010

Longer Hours of Service for Truckers Up For Debate

by Robert N. Katz, Esq.

It looks like the Federal Motor Carrier Safety Administration wants to make sure that any new Hours of Service rule for truckers includes public concerns. The agency has announced public listening sessions to gain public input about the issue.

Trucker working hours have been a subject of great debate since these were changed to 11 hours from the previous 10 years by the Bush administration in 2008. As Atlanta trucking accident attorneys, we have strongly opposed any move to increase the number of consecutive hours a trucker can operate his rig, because of the risk of driver fatigue. An additional hour can save the industry approximately $2 billion a year, but places the trucker and innocent motorists at high risk of an accident.

Last year, the Federal Carrier Motor Carrier Safety Administration promised that it would revise the trucker HOS rules, and come up with a new set of rules. The agency has now announced on its website, a series of 4 listening sessions that will allow the public to add their suggestions or comments to the decision-making process. The first three sessions will be held in Dallas, TX, Arlington, VA and El Segundo, CA. The fourth venue is expected to be announced soon. The agency has also drafted a list of questions that will be discussed during the sessions.

Published on: October 28, 2009

Trucking Hours Reviewed by Obama Administration

by Robert N. Katz, Esq.

As Georgia truck accident lawyers, we have spoken out against the rule allowing a truck driver to drive for 11 consecutive hours. The rule was passed by the Bush Administration, which proposed it a total of 3 times during its tenure in the White House. It was blocked twice in court after consumer safety advocates and truck safety groups challenged the rule, claiming that the government had failed to determine its impact on trucker health and motorist safety. But the Bush administration ultimately succeeded in reinstating the rule.

Now, the Obama Administration has agreed to review the 11-hour rule. The Associated Press is reporting that on Monday, the Federal Motor Carrier Safety Administration signed an agreement with safety and labor groups, promising to revise the rule. For now, the FMCSA is not saying how it will revise the rule, and what new limits will be placed on trucker hours, but as Georgia truck accident lawyers, we hope that any new rule will be closer to the ten-hour limit that was earlier in place. The agency has said that it will consider the situation, and come up with a new rule within the next 9 months.

For truck safety groups who have been campaigning against the rule, it is a hard fought victory. These groups include those who have lost the most from the rule – parents of victims of truck accidents involving fatigued truckers driving beyond their stipulated working hours.

Published on: October 7, 2009

Truckers Oppose Ban on Computers in Cabs

by Robert N. Katz, Esq.

Computers in Cabs Increase Risk of Accidents, but Truckers Oppose Possible Ban

By now, everyone knows that texting while driving increases the risk of accidents, and must be avoided. The high-decibel debate on texting while driving however, seems to have left out one segment of highway users – drivers of commercial trucks.

Commercial trucks these days come with computers in the cab, which are used to streamline trucking operations. Companies use these devices to send companywide messages to truckers, relay new orders etc. There is no doubt that these computers have increased efficiency for these trucking companies, but they do expose the truckers to accident risks from distraction.

Published on: September 29, 2009

Former Trucking Lobbyist Nominated for FMCSA Chief

by Robert N. Katz, Esq.

Senate confirmation hearings for President Obama’s nominee for head of the Federal Motor Carrier Safety Administration, are going on.The choice of Anne Ferro to head the agency at a time when truck safety is topmost on all minds has become a prickly issue.

Much of the discontent over Ferro’s nomination is over her past as a trucking industry lobbyist in Maryland. Between 1997 and 2003, Ferro served as president and CEO of the Maryland Motor Truck Association, and for the past six years, has been registered as a lobbyist for state legislators.

She had nothing to do with federal lobbying, but even so, as Atlanta truck accident lawyers, we are definitely concerned about her opinions on trucking safety. In 2008, the Bush Administration passed a regulation allowing an increase in the number of consecutive hours that a trucker could drive to 11 hours. As Georgia truck accident lawyers, we had strongly opposed any such increase in the number of hours truckers could drive at a stretch. Driving long hours contributes to driver fatigue, which is one of the major causes of truck accidents in Georgia. However, Ferro, in a letter to the Baltimore Sun, supported the rule, saying that it would prevent accidents and save lives. Having a former trucking industry lobbyist, who one safety group calls an "apologist for the trucking industry,” as the head of the FMCSA could raise questions about conflict of interest.

Published on: July 15, 2009

Shipper Sponsored Poll Shows Most Americans Support Heavier Trucks

by Robert N. Katz, Esq.

A shipper group has announced the results of a nationwide poll that shows that a majority of Americans are in favor of raising weight limits on trucks on our interstate highways. Considering that the poll was commissioned by an association of more than one hundred shippers and other allied trucking groups, truck accident attorneys and other opponents of any such increase, should probably not give too much credence to those findings.

The poll was commissioned by the Coalition for Transportation Productivity, and the results apparently show that more than 50 percent of Americans are in favor of allowing trucks to carry more weight on interstate highways, as envisioned in the Safe and Efficient Transportation Act of 2009. According to the CTP, most Americans are in favor of higher weight limits on trucks that have higher safeguards if it would help create safer roads and more efficient highway transportation.

The Safe and Efficient Transportation Act of 2009 or HR 1799, has been opposed by truck accident attorneys, safety advocates and families of victims killed in truck accidents. The bill would authorize states to allow trucks weighing up to 97,000 pounds to operate on interstate highways. Trucks would be required to add a sixth axle with brakes.