Heavy Duty Trucking, May 2019

WASHINGTON WATCH HDT MAY 2019 12 WWW TRUCKINGINFO COM advanced driver assistance systems He said the gist of this pre rule expected in late spring will be to encourage the voluntary adoption of collision mitigation and other advanced safety systems Wrapping up Martinez applauded the TCA for its known stance on safety issues remarking that the culture of safety of member companies moves the needle forward FMCSA is committed to putting safety first he added but we all own safety government industry and other motorists Opposition to underride bill renewed Legislation reintroduced on Capitol Hill that would require additional underride guards on large commercial trucks was met with opposition from the trucking industry Both the American Trucking Associations and the Owner Operator Independent Drivers Association quickly voiced their objections The Stop Underrides Act H R 1511 would require underride guards on the sides and front of trucks and trailers rated above 10000 pounds GVW It would also seek to update the standards for rear underride guards A similar bill was proposed in 2017 but never came up for a vote The new bill has bipartisan support being co sponsored by Senators Kirsten Gillibrand D NY and Marco Rubio R FL and Representatives Steve Cohen D TN and Mark DeSaulnier D CA ATA criticized the bill for its inflexibility stating that it ignores the potential technical issues it raises as well as the diversity of our industry and other technologies for addressing these and other crashes The trucking lobby said it believes the government should focus on crash avoidance technologies and strategies rather than expensive and unproven collision mitigation equipment This legislation while well intended and a heartfelt response to family tragedy seeks to address a certain type of truck involved accident through a highly prescriptive mandate OOIDA echoed that view In a letter to Congress OOIDA President and CEO Todd Spencer said that while OOIDA supports efforts to improve highway safety the standard proposed by the bill goes overboard and would be prohibitively expensive for truck owners to implement We agree the existing rear underride guard on trailers could be enhanced to reduce the risk of rear underrides for personal automobiles Spencer wrote If the Canadian standard was applied in the U S on the manufacture of new trailers we would not oppose it Unfortunately H R 1511 goes too far Regarding rear underride guards it would mandate truckers install them on trailers that cant physically accommodate them such as low boys household goods trailers auto transporters etc The mandate would retroactively apply to all trailers including those nearing the end of their service The Stop Underrides Act is supported by groups such as the Commercial Vehicle Safety Alliance Truck Safety Coalition National Safety Council and Road to Zero Coalition As members of the law enforcement community who proactively inspect commercial motor vehicles for safe mechanical fitness during roadside safety inspections CVSA member jurisdictions know the importance of taking steps to reduce fatalities and serious injuries on our nations roadways said Collin Mooney executive director CVSA If passed the Stop Underrides Act will help mitigate the severity of underride crashes and make our roadways safer Steven Martinez PHOTO INSURANCE INSTITUTE FOR HIGHWAY SAFETY STATE WATCH Capsulized here are recent reports on state level activity affecting trucking operations Please visit the web links to read each article in full CALIFORNIA OWNER OPERATORS The U S Supreme Court on March 18 declined to hear an appeal in a case involving the alleged misclassification of California owner operator drivers as independent contractors rather than employees but its far from the end of the battle over employee misclassification in the state The California Trucking Association had filed suit against California Labor Commissioner Julie A Su whose office has ruled that port truck drivers are misclassified as independent contractors In July of 2016 CTA challenged what it called the California Labor Commissioners interference in motor carrier and owner operator contractual relationships www truckinginfo com supreme court turndown CALIFORNIA EMISSIONS A bill proposed by California State Senator Nancy Skinner D Berkeley lays out an even more aggressive plan for emissions reduction in the state than prior proposals and puts the transportation sector squarely in the crosshairs Senate Bill 44 aka as the Ditching Dirty Diesel bill is designed to phase out over time the use of diesel fueled medium and heavy duty trucks and buses in California The bill would mandate that the California Air Resources Board come up with a plan to slash greenhouse gas emissions from commercial trucks by 40 within 10 years and by 80 by 2050 www truckinginfo com 2050 CA diesel bill RHODE ISLAND TRUCK TOLLS The trucking industry experienced a setback in its challenge of new truck only tolls in Rhode Island as a federal judge dismissed the American Trucking Associations lawsuit The judge found the court lacks jurisdiction and the case should be heard in the state legal system not the federal one The suit had contended that the states RhodeWorks toll scheme is unconstitutional violating the U S Constitutions Commerce Clause www truckinginfo com Rhode Island truck tolls In addition to requiring underride guards on the sides and front the Stop Underrides Act would set stricter standards for rear underride guards