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MAGAZINE
LandLine.Media • ooida.com
AUGUST/SEPTEMBER 2024
The Oicial Publication of
the Owner-Operator Independent
Drivers Association
OOIDA
LAND LINE
AUGUST/SEPTEMBER 2024
Vikarest/stock.adobe.com
Warning:
Regulations
ahead
A trucker’s guide through
the good and bad
Cover_ AugSept 2024.indd 1Cover_ AugSept 2024.indd 1 7/17/24 2:45 PM7/17/24 2:45 PM
2 LAND LINE AUGUST/SEPTEMBER 2024
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AUGUST/SEPTEMBER 2024 LAND LINE 3
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4 LAND LINE AUGUST/SEPTEMBER 2024
Be part of the only organization fighting
for the rights of professional truckers
Join or renew your membership today!
800-444-5791 • www.ooida.com
It takes all of us!
CorpAd-5_2024 4/4/24 3:10 PM Page 1
FedUp
21 More than 150 lawmakers ask EPA to
rescind heavy-duty emission rule
23 UCR fees to increase in 2025
25 FMCSA appoints acting administrator
26 FedUp Briefs
1 2
13
It’s time for FMCSA
to rescind the speed
limiter rulemaking
BY MARK SCHREMMER
Truckers weigh in on
ELD exemption, speed
limiters
Opinion
StateLine
28 OOIDA’s State Watch
29 Truck parking expansion, restroom
additions part of Iowa’s road plan
29 Details provided on New Jersey
minimum insurance law
33 Remote-controlled avalanche
mitigation system coming to Utah
PitStops
8
EDITOR’S DESK
86
OOIDA ON THE ROAD
87
TRUCKING HISTORY
90
LIFE & SENIOR MEMBERS
91
EVENTS CALENDAR
92
OOIDA GEAR
93
CLASSIFIEDS
HotTopics
InIn
18 Fractured
OOIDA criticizes underride
committee’s unwillingness to
work together
BY MARK SCHREMMER
20 Committed to testing
DOT leader attempts to clear air
in marijuana rescheduling
BY MARK SCHREMMER
22 Change of heart
Task force members speak
out against predatory lease-
purchases
BY MARK SCHREMMER
24 A move in the right
direction
NHTSA stats show decrease in
trac fatalities
BY TYSON FISHER
30 Several states implement
fuel tax changes on July 1
BY KEITH GOBLE
32 Your need-to-knows for
primary elections and
voter registration
BY KEITH GOBLE
34 Damages related to
truck crashes topic of
new state laws
BY KEITH GOBLE
37 Appropriation bill
includes several trucking
provisions
38 Playing roulette
Under current conditions, a
third-party tow can be a gamble
BY MARK SCHREMMER
39 Predatory towing
prevalent, report shows
40 Truckers ‘suocated’
by EPA rule
OOIDA fights against
‘unworkable’ truck emission
standards
BY TYSON FISHER
42 Supreme Court v.
federal regulations
Certain regulations may be in
jeopardy after a pair of SCOTUS
decisions
BY TYSON FISHER
44 Parking Zone
More money, less problems
BY TYSON FISHER
14
SAVINGS
PAGES
51-54
Vikarest/stock.adobe.com
1a_ AugSept 2024.indd 41a_ AugSept 2024.indd 4 7/17/24 2:18 PM7/17/24 2:18 PM
Be part of the only organization fighting
for the rights of professional truckers
Join or renew your membership today!
800-444-5791 • www.ooida.com
It takes all of us!
CorpAd-5_2024 4/4/24 3:10 PM Page 1
PAGES
51-54
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6 LAND LINE AUGUST/SEPTEMBER 2024
Putting it all together with
OOIDA MEC Preventive
and Wellness Benefits.
SSttaattee RReeqquuiirreemmeennttss:: PPlleeaassee nnoottee tthhaatt ssoommee ssttaatteess hhaavvee aallrreeaaddyy
rree--eennaacctteedd tthhee iinnddiivviidduuaall mmaannddaattee rreeqquuiirriinngg pprreevveennttiivvee ccaarree ccoovveerraaggee..
PPlleeaassee ccaallll tthhee OOOOIIDDAA LLiiffee && HHeeaalltthh DDeeppaarrttmmeenntt aatt 881166--222299--55779911
ffoorr ddeettaaiillss oonn yyoouurr ssttaattee’’ss rreeqquuiirreemmeennttss..
Please call the
Life & Health
Benefits Department at
816-229-5791
for more information
and a quote on
this or other life and health
benefits available.
OOIDA offers a Minimum Essential Coverage (MEC) plan, a self-insured health and
welfare benefit plan that gives access to important medical screenings, vaccines,
counseling and more to help participants stay healthy.
• Year-round enrollment
• Affordable Care Act compliant
• Provides a wide range of Wellness and Preventive Services for:
Children
Women, including pregnant women
Adults over age 18
In addition, the OOIDA MEC plan benefits also include:
• Pharmacy Benefits available from two providers!
EHIM has over 62,000 participating pharmacies and covers 100% up
to $30.00 for generic prescriptions. Citizens Rx provides up to a 75%
discount on FDA approved medications.
• Virtual Medical and Behavioral Health Solutions – Now more important
than ever!
Allows you to reach a Medical Doctor, Physician Assistant or a Nurse
Practitioner by phone, app or webcam when access to your regular doctor
is not available for acute care needs and ACA-covered prescriptions.
* Some state restrictions may apply
CA-0F08481
CA-0B80297
MEC 3_2023 2/7/23 2:38 PM Page 1
50 Truckers’ overtime dispute
involves use of federal
exemption
55 Mexican truckers intentionally
misclassied, lawsuit claims
65 REPAIR Act gains bipartisan
support
IN OTHER NEWS
TruckTalk
70 Expensive tastes
High-value cargo theft on
the rise
BY RYAN WITKOWSKI
72 ‘Go slow’
Cautious trucker helps move
massive load
BY TOM BERG
76 Caught on the Lot
Busted
BY BRYAN MARTIN
LighterSide
88 Slight Detour
Expect the unexpected
BY RYAN WITKOWSKI
98 Roses & Razzberries
BY SJ MUNOZ
YourBiz
66 In the know
Attendees say OOIDA’s Truck To
Success is ‘worth every penny’
BY RYAN WITKOWSKI
68 Time for a freight
upcycle?
Unfortunately, OOIDA
Foundation predicts truckers
will have to wait until 2025
BY SJ MUNOZ
71 Trucking costs go up,
according to latest
research
BY SJ MUNOZ
74 David vs. Goliath:
Pay disputes with
large carriers
BY TYSON FISHER
78 Of interest
Does the Federal Reserve’s
decision aect the freight
market?
BY TYSON FISHER
80 Trucking & Taxes
What is an S-Corp?
BY BARRY G. FOWLER
82 Road Law
The stars align
BY JEFF MCCONNELL & JAMES MENNELLA
83 Heavy Highway Vehicle
Use Tax deadline
approaches
84 Business Briefs
72 ‘Go slow’‘Go slow’
People
46 ‘Glossy meets gritty’
Fashion photographer finds a
passion for documenting
female truck drivers
BY ERIN WISDOMWATSON
56 Keeping the faith
OOIDA life member credits
trucking for overcoming
homelessness
BY SJ MUNOZ
58 Helping the cause
Annual truck convoys raise
funds and awareness for
Special Olympics
BY RYAN WITKOWSKI
60 GBATS returning in 2025
GBATS convoy contributed
more than $120,000 for Missouri
Special Olympics in 2023
BY SJ MUNOZ
61 ‘This song is for y’all’
Country singer’s new tune
serves as tribute to truckers
62 ATHS announces 2024
Hall of Fame honorees
Inductees will be honored during
a ceremony in October
BY SJ MUNOZ
64 OOIDA’s Compliance
Connection
Association provides a user-
friendly system for all your
record-keeping needs
BY SJ MUNOZ
SUBSCRIPTION RATES: 1 year – $32 (9 issues); 2 years
– $52 (18 issues); Canada: 1 year – $42; 2 years – $68
LAND*LINE Vol. 49, No. 6, Aug/Sept 2024 (ISSN 0279-
6503) is published bi-monthly/monthly (9 issues in
2024 – February, March/April, May, June, July, August/
September, October, November, and December/
January) by Land*Line Magazine, 1 NW OOIDA Dr., Grain
Valley, MO, 64029. Ph: 816-229-5791. Copyright 2022 by
Owner-Operator Independent Drivers Association Inc.
Reproduction in any manner in whole or in part, without
permission, is strictly prohibited. Periodicals postage paid
at Grain Valley, MO, and additional mailing oices.
POSTMASTER – send address changes to Land*Line,
PO Box 1000, Grain Valley, MO, 64029-9998.
68 46
‘Glossy meets gritty’‘Glossy meets gritty’ Time for a freight upcycle?Time for a freight upcycle?
Photo courtesy of Anne-Marie Michel; topimages/stock.adobe.com; Photo by Tom Berg
Pages 51-54
MEMBER
1a_ AugSept 2024.indd 61a_ AugSept 2024.indd 6 7/18/24 9:42 AM7/18/24 9:42 AM
AUGUST/SEPTEMBER 2024 LAND LINE 7
Putting it all together with
OOIDA MEC Preventive
and Wellness Benefits.
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.
Please call the
Life & Health
Benefits Department at
816-229-5791
for more information
and a quote on
this or other life and health
benefits available.
OOIDA offers a Minimum Essential Coverage (MEC) plan, a self-insured health and
welfare benefit plan that gives access to important medical screenings, vaccines,
counseling and more to help participants stay healthy.
• Year-round enrollment
• Affordable Care Act compliant
• Provides a wide range of Wellness and Preventive Services for:
Children
Women, including pregnant women
Adults over age 18
In addition, the OOIDA MEC plan benefits also include:
• Pharmacy Benefits available from two providers!
EHIM has over 62,000 participating pharmacies and covers 100% up
to $30.00 for generic prescriptions. Citizens Rx provides up to a 75%
discount on FDA approved medications.
• Virtual Medical and Behavioral Health Solutions – Now more important
than ever!
Allows you to reach a Medical Doctor, Physician Assistant or a Nurse
Practitioner by phone, app or webcam when access to your regular doctor
is not available for acute care needs and ACA-covered prescriptions.
* Some state restrictions may apply
CA-0F08481
CA-0B80297
MEC 3_2023 2/7/23 2:38 PM Page 1
1a_ AugSept 2024.indd 71a_ AugSept 2024.indd 7 7/17/24 2:18 PM7/17/24 2:18 PM
8 LAND LINE AUGUST/SEPTEMBER 2024
Jami Jones
MANAGING EDITOR
Editor’sDesk
Infotainment has become the way of mainstream news.
Elbowing their way into your viewing and reading
preferences, many media organizations have moved
away from the core tenet of journalism – impartiality.
The chasm of divisiveness has grown deeper over
the past decade or so. In response to the beliefs and
preferences in their respective camps of thought,
organizations craft delivery of the “news” to lure in
audiences.
By migrating to “news” that appeals to oneself,
consumers are engaging in confirmation bias. Whether
conscious or subconscious, people
migrate away from information
that angers or upsets them and
their belief systems. They find
information presented in a way that
tells them, “You’re right.”
As much as I would love to
condemn the practice, I can’t. It’s
hard to convince yourself to watch
or read something that genuinely
pisses you off. So a lot of us – including me at times –
tend to just tune out.
But I believe, in my heart of hearts, that this is just
as dangerous as engaging in confirmation bias. Not
consuming the news doesn’t stop it from happening.
Ethical journalism is something that we do not take
lightly here at Land Line. The news is the news. There
is no spin. There is no twisting of the narrative to
please, or aggravate, readers and listeners. The news
simply is what it is.
That’s why this issue of the magazine is so important.
When I start ticking off topics like speed limiters,
automatic emergency braking, electronic log revisions,
autonomous trucks … How many of you want to tune
out? Are you so sick and tired of it that you just can’t
bear the thought of one more article on the subject?
Too bad.
There is no benefit to being on the isle of denial.
Ignorance is not bliss. If you tune out, it’s not stopping
the agency.
Starting on Page 14, you will find a rundown on
regulations in the pipeline at the Federal Motor Carrier
Safety Administration.
While we won’t tell you how to feel about these
regulations, we also won’t stop short of telling you
what they could mean for you. We understand truckers.
When it comes to how you feel, we talk less and listen
more. And we center our news coverage on the issues
that matter most to you.
Ignoring a possible speed limiter mandate won’t stop
it. But jumping on board with lawmakers trying to
prevent FMCSA from mandating one could. Find out
more about that on Page 37.
On the flip side of ignorance: We know you are
committed to being informed. And
when you share your thoughts
with lawmakers and regulators,
good things can happen. A case
study of sorts on this emerged
from a task force on lease-
purchase agreements, which are
largely predatory in nature. They
are designed to profit the company
leasing the truck, not the driver
making the payments. The task force started out as one
might expect but – with the right input – took a very
refreshing turn. You must check it out on Page 22.
This issue, like all the others, is packed with news
that will have an impact on your life. And that’s why
you need to turn to Page 32. The election will be here
before you know it. Being registered and informed to
vote is mission-critical to your future as a trucker and a
citizen of this country.
I hate that this all may sound like I’m on my high
horse. The reality is, I’m just proud of what we do
here.
Our mission is not to entertain you; it is merely to
inform. We all have our own political biases, and we
would be foolish not to acknowledge that. But we
also have a deep commitment to leaving those biases
outside the building and working within a robust
system of checks and balances to make sure we remain
neutral.
We will continue to take collateral bar punches to the
face when people rail on the “media.” It just won’t stop
us from doing our level best to keep you informed on
the issues that aim to change life as you know it. LL
Our mission is
not to entertain
you; it is merely
to inform.
The value of insuring with OOIDA is our experience and knowledge.
OOIDA provides owner-operators valuable insurance advice on protecting their
trucking operation and a comprehensive range of coverage at competitive rates.
We also offer:
•
Direct underwriting, so the quote you receive is the actual amount
you will pay. No surprises! It also means fast turn-around on binding.
•
Convenient monthly installments without large up-front payments and
no additional finance costs. And no hidden renewal terms.
•
Outstanding customer service from industry specialists.
And remember – OOIDA is your Association. All revenues generated through
its insurance programs go toward helping OOIDA defend your rights and lobby
on behalf of your interests.
Find out how much OOIDA has to
offer you and your business.
Call us at (816) 229-5791
for a truck insurance quote.
ooidatruckinsurance.com.
Protecting your Drive.
Advocating for your Journey.
CA-OFO8481
CA-OBO297
OOIDA TRUCK INSURANCE
Advocating Journey Ad 5_2024 6/13/24 11:43 AM Page 1
1a_ AugSept 2024.indd 81a_ AugSept 2024.indd 8 7/17/24 2:18 PM7/17/24 2:18 PM
AUGUST/SEPTEMBER 2024 LAND LINE 9
The value of insuring with OOIDA is our experience and knowledge.
OOIDA provides owner-operators valuable insurance advice on protecting their
trucking operation and a comprehensive range of coverage at competitive rates.
We also offer:
•
Direct underwriting, so the quote you receive is the actual amount
you will pay. No surprises! It also means fast turn-around on binding.
•
Convenient monthly installments without large up-front payments and
no additional finance costs. And no hidden renewal terms.
•
Outstanding customer service from industry specialists.
And remember – OOIDA is your Association. All revenues generated through
its insurance programs go toward helping OOIDA defend your rights and lobby
on behalf of your interests.
Find out how much OOIDA has to
offer you and your business.
Call us at (816) 229-5791
for a truck insurance quote.
ooidatruckinsurance.com.
Protecting your Drive.
Advocating for your Journey.
CA-OFO8481
CA-OBO297
OOIDA TRUCK INSURANCE
Advocating Journey Ad 5_2024 6/13/24 11:43 AM Page 1
1a_ AugSept 2024.indd 91a_ AugSept 2024.indd 9 7/17/24 2:18 PM7/17/24 2:18 PM
10 LAND LINE AUGUST/SEPTEMBER 2024
Land Line Magazine is written for professional truckers operating trucks and semitrailers in for-hire transportation of exempt and
regulated commodities.
The publisher accepts unsolicited artwork, photographs and manuscripts, but assumes no responsibility for return of materials. All
materials submitted for publication are subject to editing at our discretion. The act of mailing material shall be considered an expressed
warranty by the contributor that the material is original and in no way an infringement on the rights of others.
Advertiser correspondence should be directed to Land Line Magazine Inc., PO Box 1000, Grain Valley, MO 64029. Phone 816-229-5791.
The publisher and/or OOIDA do not necessarily
endorse or make claim or guarantee the
validity or accuracy of any advertisement
herein contained.
The publisher reserves the right to reject any
advertising materials which he feels are not in
keeping with the publication’s standards.
2017-2018 Winners
LAND LINE
PUBLISHER ........................................
Todd Spencer
MANAGING EDITOR ................................
Jami Jones
jami_jones@landlinemag.com
SENIOR EDITOR ............................
Mark Schremmer
mark_schremmer@landlinemag.com
STATE LEGISLATIVE EDITOR ..................
Keith Goble
keith_goble@landlinemag.com
COPY EDITOR .......................
Erin Wisdom-Watson
erin_wisdom@landlinemag.com
ASSOCIATE EDITOR ............................
Tyson Fisher
tyson_fisher@landlinemag.com
STAFF WRITERS ..........................................
SJ Munoz
sj_munoz@landlinemag.com
Ryan Witkowski
ryan_witkowski@landlinemag.com
CONTRIBUTING EDITOR AT LARGE .......
John Bendel
john_bendel@landlinemag.com
CONTRIBUTING EDITOR ............................
Tom Berg
CONTRIBUTING WRITERS ...................
Bryan Martin
info@4statetrucks.com
Je McConnell & James Mennella
info@roadlaw.net
Barry Fowler
info@truckertaxtools.com
GENERAL MANAGER .............................
Kim Borron
kim_borron@landlinemag.com
ART DIRECTOR ....................................
Debbie Kirby
debbie_johnson@landlinemag.com
PROD. ASST. & PHOTOGRAPHER ....
Nikohle Barnes
nikohle_barnes@landlinemag.com
PROD./AD TRAFFIC COORDINATOR ....
Sharon Costanza
sharon_costanza@landlinemag.com
ADVERTISING DIRECTOR ..........................
Bret Miller
bret_miller@landlinemag.com
PROGRAM DIRECTOR/HOST .................
Mark Reddig
mark_reddig@landlinemag.com
NEWS ANCHOR .............................
Scott Thompson
scott_thompson@landlinemag.com
SENIOR CORRESPONDENT ...........
Ashley Blackford
ashley_blackford@landlinemag.com
TRAFFIC COORDINATOR ......................
Teneille Flick
teneille_flick@ooida.com
SOUND ENGINEER ...............................
James Fetzer
james_fetzer@landlinemag.com
ISSN 0279-6503 Vol. 49, No. 6 Aug./Sept. 2024
Todd Spencer OOIDA President & CEO
Lewie Pugh OOIDA Executive Vice President
The Ofcial Publication of OOIDA
PUBLICATION HEADQUARTERS
1 NW OOIDA Drive • PO Box 1000 • Grain Valley, MO 64029
816-229-5791 • Fax 816-443-2227 • LandLine.Media • ooida.com
Olivier Le Moal/stock.adobe.com
LandLineLine
NOW
l
If you need assistance or information regarding your trucking business, want help in
handling some of the paperwork, or are seeking advice on what you believe to be unfair
business practices and treatment, KEEP CALM ... and call OOIDA Business Services.
• Form 2290/HVUT filing
• Free broker credit rating service
• Authority application and filings
• Permit and licensing
• Oregon bonds
• DOT Drug & Alcohol Testing Consortium
• SCAC codes
• BOC3 service
• Compliance Connection driver
file maintenance system
• Interpreting federal regulations
• Information assistance
• Warranty issues
• Lease agreement review
• Carrier complaints
• Broker/Carrier agreement review
When the industry throws you a curve ball and you need help with information or a
particular situation, one of your most important OOIDA member benefits is access
to its Business Services Department. The OOIDA Business Services Department is
there to provide members with critical guidance for their particular situation and
information to help them run their business more efficiently.
Call 816-229-5791
Olivier Le Moal/stock.adobe.com
LL
1a_ AugSept 2024.indd 101a_ AugSept 2024.indd 10 7/17/24 2:18 PM7/17/24 2:18 PM
Todd Spencer OOIDA President & CEO
Lewie Pugh OOIDA Executive Vice President
If you need assistance or information regarding your trucking business, want help in
handling some of the paperwork, or are seeking advice on what you believe to be unfair
business practices and treatment, KEEP CALM ... and call OOIDA Business Services.
• Form 2290/HVUT filing
• Free broker credit rating service
• Authority application and filings
• Permit and licensing
• Oregon bonds
• DOT Drug & Alcohol Testing Consortium
• SCAC codes
• BOC3 service
• Compliance Connection driver
file maintenance system
• Interpreting federal regulations
• Information assistance
• Warranty issues
• Lease agreement review
• Carrier complaints
• Broker/Carrier agreement review
When the industry throws you a curve ball and you need help with information or a
particular situation, one of your most important OOIDA member benefits is access
to its Business Services Department. The OOIDA Business Services Department is
there to provide members with critical guidance for their particular situation and
information to help them run their business more efficiently.
Call 816-229-5791
1a_ AugSept 2024.indd 111a_ AugSept 2024.indd 11 7/17/24 2:18 PM7/17/24 2:18 PM
12 LAND LINE AUGUST/SEPTEMBER 2024
The time has come. The Federal Motor
Carrier Safety Administration needs
to stop efforts to create a speed limiter
mandate on commercial motor vehicles
and, instead, focus on ways to more effectively improve
highway safety.
In July, the U.S. Department of Transportation
announced yet another delay in the agency’s proposal.
Previous agency projections for the proposal’s release
included June 2023, December 2023 and May 2024.
Now, FMCSA is targeting May 2025.
Instead, the agency should see this as an opportunity
to put the controversial idea on
the shelf.
You see, the effort to require
speed limiters on commercial
motor vehicles is not a new one.
The National Highway Trafc
Safety Administration published
a report on the topic all the way
back in 1991, and the American
Trucking Associations petitioned
NHTSA to limit trucks to 68 mph
in 2006.
The effort resurfaced in 2016, when FMCSA and
NHTSA issued a joint notice of proposed rulemaking.
But the proposal was shelved after a new administration
took ofce in 2017.
Then in 2022, FMCSA revived the effort again when
it issued an advance notice of supplemental proposed
rulemaking. The notice suggested that commercial
motor vehicles with a gross vehicle weight of 26,001
pounds or more and that are equipped with an electric
engine control unit capable of being governed would be
subject to the mandate.
To no one’s surprise, truck drivers pushed back
against the idea. FMCSA received more than 15,000
comments to the advance notice. Raising concerns
about dangerous speed differentials, road rage from
passenger vehicles and the inability to accelerate to
avoid a crash, the majority of the comments came from
truck drivers.
Many of those truck drivers told the agency that
they would turn in their keys if speed limiters were
mandated.
Since then, FMCSA’s efforts to move forward with a
rulemaking have been lled with delays and mishaps,
while opposition has strengthened.
The abundance of comments, which FMCSA
is required to read, led to the rst delay. Then
in September 2023, the U.S. Department of
Transportation’s Signicant Rulemaking Report
mistakenly indicated that FMCSA planned to propose
68 mph as the top speed for commercial motor vehicles.
“A top speed has not been determined … The limit of
68 mph is one of the options being considered, as it was
included in the petitions for rulemaking and discussed
in the 2016 notice of proposed rulemaking,” an FMCSA
spokesperson said. “It should
be noted, however, that no nal
decision has been made on the
maximum speed limit that would
be proposed in the forthcoming
supplemental notice of proposed
rulemaking.”
Then in January, Robin
Hutcheson, a driving force
behind the speed limiter
rulemaking, stepped down as
FMCSA administrator.
With Hutcheson no longer in charge, it is unclear
whether there’s as much enthusiasm for the mandate
within the agency.
Meanwhile, lawmakers introduced the DRIVE Act in
the House and Senate. The bill would prevent FMCSA
from mandating speed limiters. Additionally, a House
committee included a provision to stop the rulemaking
in its appropriations bill.
Also, it is worth mentioning that FMCSA is
attempting the rulemaking without any directive from
Congress. Now that the U.S. Supreme Court has
overturned the longstanding Chevron doctrine, issuing
a speed limiter mandate likely would open up the
agency to additional legal scrutiny.
So instead of continuing down this speed limiter path,
FMCSA should use this as an opportunity to focus on
efforts that will improve safety.
Enhance entry-level driver training standards. Stop
predatory lease-purchase arrangements. Address
the detention time issue. Continue efforts to keep
experienced and safe drivers behind the wheel rather
than ones that will force them out of the industry. LL
Mark Schremmer
Since then, FMCSA’s
eorts to move forward
with a rulemaking
have been filled with
delays and mishaps,
while opposition has
strengthened.
Opinion
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AUGUST/SEPTEMBER 2024 LAND LINE 13
TRUCKERS
By Land Line sta
When a government agency proposes a new regulation,
it is required to give the public an opportunity to
comment. Additionally, the agency is required to read all
of the comments and to address any legitimate concerns
raised before moving forward with a nal rule.
This is an opportunity that truckers should utilize.
There are no better highway safety experts than the men
and women who operate a tractor-trailer every day. So
whether the government is cooking up a new regulation
or just asking for feedback on a potential problem, it is
so important that truck drivers weigh in.
Here are a few comments from truck drivers who
did so:
On the EPA’s Greenhouse Gas rule for
heavy-duty vehicles:
This proposed rule is a pie-in-the-sky fantasy, which
will do nothing to sway the natural world climate that
has been evolving for billions of years. The rule will
only cause hardship to consumers and end independent
truckers.
Scott Baker
On a proposal to mandate automatic
emergency braking systems on
heavy-duty trucks:
AEBs are not effective enough to put into use on the
roads, certainly not to mandate. They engage on “false
positives” too often, and we need to NOT have anything
that causes big rigs to “throw on the brakes” without
warning or cause.
Danny Schnautz
The AEB systems are very dangerous. They currently at
random times traveling down the road will come to a
sudden stop on the highways. A bird strike to the sensor
will also make the truck come to a sudden stop, as well
as buildup of bug debris. Snow will trigger the sensor to
make the truck come to a sudden stop as well. The brake
systems should be outlawed, as they are a danger to
public safety because the trucks are unpredictable when
they suddenly brake for no reason, no matter the volume
of trafc around the truck, leading to a major/fatal crash
on the highways. No matter what the techs say (about)
how safe they are, the random sudden stops will lead to
crashes and fatalities on the nation’s highways.
Charles Yarian
On the possibility of FMCSA removing
the ELD exemption for pre-2000 trucks:
The job of the FMCSA is to advance highway safety.
When the FMCSA implemented the ELD rules, it
exempted vehicles with pre-2000 engines. To my
knowledge, there have not been any problems with
these vehicles causing injury-related crashes. Therefore
to repeal the exemption for pre-2000 engines will do
nothing to advance highway safety.
Dan Roe
Owner-operators running under the exemption are the
absolute safest on the road. There is zero reason to
change the rule. You need to stop letting groups like the
ATA inuence your decision-making.
Mike Morsch
The only revision that needs to happen to ELDs is to
remove them. Matter of fact, do completely away with
hours-of-service regulations altogether. It’s stupid.
We are smart enough to know when we are tired and
need to pull over and take a break. We do not need
the government to tell us when to do so. Whether the
FMCSA wants to admit it or not, your ELD mandate did
NOT make the roads any safer.
Derick West
On a proposal to require speed limiters
on commercial motor vehicles:
This idea is horrible. You all need to ride in a truck for
a week. You would then see the real side of trucks. Just
because it looks good on paper, it doesn’t mean it’s safe.
If all trucks are going the same speed, cars will get mad
and try to get around no matter the risk they take. It’s a
very bad idea and will further cripple the industry. So
many of us will leave the industry and park the trucks.
John Cochran LL
Opinion
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14 LAND LINE AUGUST/SEPTEMBER 2024
By Mark Schremmer Senior Editor
o no trucker’s surprise, there’s another
batch of rulemakings making its way
through the regulatory process.
For certain, there never seems to be
a shortage of rules being cooked up by
lawmakers or government agencies.
In July, the U.S. Department of Transportation
released its Spring 2024 Unified Regulatory
Agenda. The agenda includes dozens of
rulemakings at various stages. Some of the
proposals, such as broker transparency, will be
welcomed by most truckers. Others, such as
speed limiters, are largely opposed.
Let Land Line guide you through some of
the most noteworthy rulemakings.
Speed limiters
When the Federal Motor Carrier Safety Administration
issued an advance notice of supplemental proposed
rulemaking in 2022 to mandate speed limiters on
commercial motor vehicles, thousands of truck drivers told
the agency why they believed it was a bad idea.
The outcry didn’t kill the proposal, but it has played a
role in multiple delays.
Previous agency projections for the proposal’s release
included June 2023, December 2023 and May 2024. Now,
FMCSA is targeting May 2025.
“FMCSA intends to proceed with a motor carrier-based
speed limiter rulemaking by preparing a supplemental
notice of proposed rulemaking to follow up on the
National Highway Trafc Safety Administration’s and
FMCSA’s jointly issued Sept. 7, 2016, notice of proposed
rulemaking on this subject,” the DOT wrote in the
regulatory agenda. “The new rulemaking, in subsequent
consultation with NHTSA, will
consider whether additional
regulatory actions should
be taken concerning CMV
manufacturer requirements.”
The DOT said the rulemaking
will focus on commercial
motor vehicles weighing
26,001 pounds or more that
are operating in interstate
commerce and are equipped
with an electronic engine control unit.
Previous notices regarding speed limiters have not
proposed a top speed. However, truck safety groups have
advocated limiting heavy-duty trucks to no faster than 60
mph. Other suggested top speeds have included 65, 68 and
70 mph.
The 2022 notice received more than 15,000 comments,
with the majority coming from truck drivers opposed to
a mandate. The Owner-Operator Independent Drivers
Association contends that the requirement would hinder
safety by creating dangerous speed differentials and
increasing the risk of crashes between cars and trucks.
There are highways in the United States with speed
limits as fast as 85 mph. Even more, the ow of trafc on
Truck safety
groups have
advocated
limiting heavy-
duty trucks to
no faster than
60 mph.
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AUGUST/SEPTEMBER 2024 LAND LINE 15
Continued on Page 16
interstates is often faster than the speed limit. That means
the rule could lead to cars traveling 30 mph faster than
trucks on the same road.
Lawmakers also have joined the ght against a speed
limiter mandate.
The DRIVE Act, which would prohibit FMCSA from
moving forward with any rule or regulation mandating
speed limiters, has been introduced in the House and
Senate.
Broker transparency
A long-awaited proposal aimed at improving broker
transparency is expected to be released in October.
The rulemaking was prompted by a petition from OOIDA
in 2020.
The petition asked the agency:
• To require brokers to
automatically provide
an electronic copy of
each transaction record
within 48 hours after the
contractual service has
been completed
• To explicitly prohibit
brokers from including
any provision that
requires carriers to waive
their rights to access the
transaction records
Regulation CFR 371.3 already requires that brokers keep
records of each transaction with a carrier and that each
party to the transaction have a right to view these records.
OOIDA asked the agency to begin enforcing that regulation
and to eliminate any loopholes allowing brokers to sidestep
the rule. The Small Business in Transportation Coalition
also petitioned the agency.
“Motor carriers are victimized through unpaid claims,
unpaid loads, double-brokered loads or load-phishing
schemes on a daily basis,” OOIDA wrote. “If broker
transparency regulations and enforcement can be improved,
then disputes between motor carriers and sureties will be
reduced.
“There will be less need for litigation, less need for
FMCSA intervention, and the economic health of the
broker/motor carrier component of the transportation
industry will be stronger.”
The agency granted the petition in March 2023 and
rst targeted June 2023 to release a proposal. Last year,
however, FMCSA changed the target date to this October.
The good news is that the agency is maintaining that
target date.
Considering the amount of broker fraud in the industry,
OOIDA continues its calls for FMCSA to act as soon as
possible.
“We are anxiously awaiting the transparency proposal, as
broker concerns remain a top issue for OOIDA members,”
Jay Grimes, OOIDA’s director of federal affairs, said earlier
this year. “The sooner, the better.”
Automatic emergency
braking systems
Although a nal rule to require automatic emergency
braking systems on new commercial motor vehicles is
behind schedule, government agencies are targeting 2025
for its release.
Last year, FMCSA and NHTSA issued a joint proposal
that would require AEB systems and electronic stability
control systems on new vehicles weighing more than
10,000 pounds.
The heavy vehicle proposal calls for all Class 7 and 8
vehicles – those weighing more than 26,000 pounds – to
be required to meet the AEB standards three years after the
rule takes effect. All Class 3 to 6 vehicles – those weighing
10,001 to 26,000 pounds – would be required to meet
the AEB and electronic stability control requirements
in four years. Small-volume
manufacturers would have
until ve years after the
nal rule took effect. There
would not be any retrot
requirements on existing
heavy vehicles.
“The rulemaking is
expected to establish
performance standards
and motor carrier
maintenance requirements for AEB systems on heavy
trucks and accompanying test procedures for measuring the
performance of the AEB systems in NHTSA compliance
testing,” the DOT wrote in a summary of the rulemaking.
During the formal comment period, OOIDA and
individual truckers told the agencies that current AEB
technologies are decient and cited instances of false
activations. Examples included false activations being
triggered by shadows from an overpass or guardrails while
traveling on a curve.
Despite the opposition, FMCSA and NHTSA are planning
to unveil the nal rule in January. Previous projections
targeted this past April.
Examples included
false activations
being triggered
by shadows from
an overpass or
guardrails while
traveling on a curve.
Considering the
amount of broker
fraud in the
industry, OOIDA
continues its
calls for FMCSA
to act as soon
as possible.
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16 LAND LINE AUGUST/SEPTEMBER 2024
ELD revisions
In June 2025, FMCSA plans to propose changes to its
existing regulation that mandates electronic logging
devices on most commercial motor vehicles.
In September 2022, FMCSA requested feedback from
truckers about how it can improve the ELD mandate.
As part of the notice, FMCSA asked truck drivers for
feedback on the original mandate’s decision to exempt
trucks with pre-2000 engines.
“Should FMCSA reevaluate
or modify the applicability of
the current ELD regulation
for rebuilt or remanufactured
CMV engines or glider kits?”
the agency asked.
FMCSA’s original notice
also considered changes to
address ELD malfunctions, the
removal of ELDs from the list
of registered devices, technical
specications and ELD certication.
OOIDA told the agency that there’s no reason to rescind
its exemption for older trucks.
“The agency lacks data conrming the ELD mandate
has improved highway safety and has failed to
demonstrate how the expansion of existing requirements
to vehicles operating on pre-2000 and rebuilt pre-
2000 engines would enhance safety,” the Association
wrote in 2022. “OOIDA is unaware of any research
that demonstrates vehicles operating under the pre-
2000 exemption fail to meet the same level of safety as
vehicles with ELDs.”
Although it remains unclear exactly what FMCSA will
propose, the agency appears poised to move forward with
a notice of proposed rulemaking next year.
Automated
driving systems
FMCSA plans to publish a notice of proposed
rulemaking regarding
commercial motor vehicles
equipped with automated
driving systems in
December.
The proposal had
previously been expected
to be released in late 2023.
“The proposed changes
to the commercial motor
vehicle operations,
inspection, repair and maintenance regulations prioritize
safety and security, promote innovation, foster a
consistent regulatory approach to ADS-equipped
commercial motor vehicles and recognize the difference
between human operators and ADS,” the agency wrote.
In February 2023, FMCSA released a supplemental
advance notice of proposed rulemaking about automated
driving systems to solicit feedback from the industry.
The agency wanted to gather information regarding
notication by motor carriers operating level 4 or 5
systems, oversight for remote assistants and vehicle
inspection and maintenance.
As part of its formal comments, OOIDA told the agency
that it shouldn’t roll out autonomous technology before it
is ready.
“Despite the various claims that autonomous vehicles
will lead to zero deaths, there continue to be real-world
situations in which automation has devastatingly failed,”
OOIDA wrote. “While autonomous vehicles might
improve safety under certain conditions, they create new
risks with dangerous outcomes.”
Safety fitness
A proposal aimed at determining whether a motor carrier
is safe to operate is scheduled to be released in June 2025.
Last August, FMCSA published an advance notice of
proposed rulemaking that asked for feedback on whether
the process to determine a motor carrier’s safety tness
needs to be revised.
In addition, the agency held
public listening sessions over
the summer to get feedback
from industry stakeholders.
“The Federal Motor Carrier
Safety Administration is
seeking public comment as it
considers the development of a
new methodology to determine
when a motor carrier is not
t to operate commercial
motor vehicles in or affecting
interstate commerce,” the agency wrote in June.
The agency is expected to use the feedback it received
from the recent listening sessions to form its June 2025
proposal.
OOIDA has told the agency that the current safety
tness determination process has been ineffective.
“The FMCSA safety tness determination process
has a direct effect on motor carriers’ ability to stay in
business,” OOIDA wrote in its comments. “Historically,
the safety tness determination structure has not been
proven as a reliable methodology to properly determine a
motor carrier’s tness to operate. Most of the (program’s)
While autonomous
vehicles might
improve safety
under certain
conditions, they
create new risks
with dangerous
outcomes.
OOIDA told the
agency that
there’s no reason
to rescind its
exemption for
older trucks.
Most of the
shortcomings
relate to the
inaccuracy and
inconsistency
of the data that
is collected and
analyzed.
From
Page 15
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AUGUST/SEPTEMBER 2024 LAND LINE 17
shortcomings relate to the inaccuracy and inconsistency
of the data that is collected and analyzed during a safety
investigation.”
Hair testing
Another rulemaking of interest to truckers comes out of the
U.S. Department of Health and Human Services.
HHS released a notice of proposed rulemaking that would
establish hair-testing guidelines for Federal Workplace
Drug Testing Programs in September 2020. In its initial
proposal, the agency sought to “allow federal executive
branch agencies to collect and test a hair specimen as part
of their drug testing programs with the limitation that
hair specimens be used for pre-employment and random
testing.”
In November 2020, OOIDA led comments opposing
the inclusion of hair testing. The Association cited a
number of concerns regarding the practice, questioning
its reliability due to contamination from the environment
and the interference of cosmetic treatment. Furthermore,
the Association said that variances in hair types can create
issues when it comes to testing.
Following a 60-day comment period, HHS submitted
a revised version of the proposal to the White House
Ofce of Management and Budget in March 2023. The
supplemental notice of proposed rulemaking – which is still
pending review by the White House Ofce of Management
and Budget – was scheduled
to publish in June 2023. The
agency now anticipates that
notice to be published in October
of this year, with a public
comment period to follow.
Exactly what will change
from the initial proposal to the
supplemental version is still
unclear. Even with another new
date in place for an anticipated publication, adopting any
proposed changes still would be a ways off.
Jay Grimes, OOIDA’s director of federal affairs, told
Land Line that the publication of a supplemental notice
of proposed rulemaking “could delay DOT’s ability to
formally implement any hair testing protocols until the
guidelines are nalized.” LL
Land Line’s Ryan Witkowski contributed to this report.
OOIDA said
that variances
in hair types
can create
issues when
it comes to
testing.
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18 LAND LINE AUGUST/SEPTEMBER 2024
Fed
Up
By Mark Schremmer Senior Editor
The Advisory Committee on Underride Protections was
created so that safety advocates and industry experts
could come together to devise a plan for reducing highway
fatalities.
However, the committee remained divided and failed to
provide the National Highway Trafc Safety Administration
with a unied list of recommendations.
In late June, the committee submitted a 410-page report
that consists of recommendations from the majority of
members and dissent from those in the minority.
The fractured report prompted the Owner-Operator
Independent Drivers Association to write a letter to
lawmakers. The July 10 letter called out the lack of a true
consensus.
“NHTSA should not advance potential new underride
standards until further research, analysis and testing is
completed as directed in the bipartisan infrastructure law,”
OOIDA wrote. “The only recommendations that garnered
true consensus support among panel members generally
involved enhancing research and reporting. As such, these
are the only elements of the nal report Congress and
USDOT should take seriously.”
Background
Underride crashes most commonly occur when a car slides
underneath a tractor-trailer. Regulations already require
rear underride guards, but truck safety groups have long
advocated for a side underride guard mandate.
The committee, which was mandated by Congress, was
created with a natural divide. Three of the committee’s
original 16 members had family members who died in
underride-related crashes. In addition, several of the
members have long lobbied for a side underride guard
mandate. Doug Smith, an OOIDA board member, was
the only truck driver on the committee. Other industry
representatives also pointed out concerns regarding
unintended consequences of side underride guards.
Opponents of requiring side guards pointed to NHTSA’s
cost-benet analysis that indicated a mandate could cost as
much as $1.2 billion while saving fewer than 20 lives each
year.
That divide often led to meeting time being spent on
procedural motions rather than generating a unied plan.
At the February meeting, the committee argued over the
denition of a consensus. The members representing
safety groups argued that a simple majority would sufce
as a consensus even though previous Department of
Transportation committees have required thresholds of 75%
or higher.
Inexplicably, the committee was then able to use a simple
majority vote to determine that the committee would
need only a simple majority to include something in its
“consensus” recommendations to the DOT. Explaining it
another way, it would be as if Congress failed to meet the
two-thirds threshold needed to override a presidential veto
and then used a simple majority vote to lower the veto
threshold.
“Over the course of these meetings, (the committee) failed
to work in a collaborative and consensus fashion,” OOIDA
wrote. “Safety advocacy representatives manipulated
their numerical advantage in committee membership
and approved a motion to dene ‘consensus’ as a simple
majority that minimized opposing viewpoints of other
(committee) participants.”
Majority report
The committee’s majority report calls for the following:
All semitrailers and single-unit trucks should be
equipped with side underride guards. The guards
should additionally protect vulnerable road users.
NHTSA’s rear underride guard rule should be
amended to meet the ToughGuard standard or
equivalent and apply to all trailers and single-unit
trucks.
FMCSA and NHTSA must expeditiously complete the
heavy vehicle automatic emergency brake rulemaking
for all classes of commercial motor vehicles.
NHTSA should issue an advance notice of proposed
rulemaking for front impact guards and harmonize
with global front override regulations.
FMCSA should issue stronger conspicuity tape
requirements and have them apply to all classes of
commercial motor vehicles, including single-unit
trucks.
DOT and NHTSA should prioritize additional research
to prevent underride crashes, as recommended in the
report.
In a news release issued by the Truck Safety Coalition,
committee chairperson Lee Jackson lauded the majority’s
recommendations.
“Nothing is stronger than an idea whose time has come,”
Fractured
OOIDA criticizes underride committee’s
unwillingness to work together
•
•
•
•
•
•
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AUGUST/SEPTEMBER 2024 LAND LINE 19
Jackson said. “Preventing underride crash deaths and
injuries is an exceedingly attainable goal. This report cuts
through the noise and provides clear recommendations, that
if followed, will undoubtedly save lives.”
However, OOIDA said the committee’s divisive approach
led to impractical and cost-prohibitive recommendations.
“The majority report highlights these committee members’
shameless intention to ignore the Congressional directive
to achieve consensus agreement,” OOIDA wrote. “The
majority report goes on to include a wish list of cost-
prohibitive, unfeasible recommendations that were approved
by a slim majority of (committee) participants. These
motions merited substantive opposition and should not
be used as a foundation for policy development. Further,
some sections of the majority report ventured beyond the
authorized scope of the panel and often lacked empirical
data or research to support inclusion.”
Minority report
The underride committee’s minority report advocates for
objective and evidence-based studies before NHTSA adopts
any comprehensive underride regulations.
“Regarding side underride guards, further investigation
is needed to assess their effectiveness in preventing
fatalities and injuries, as well as the specic crash scenarios
leading to those outcomes,” the minority report stated.
“Additionally, research should explore potential unforeseen
consequences resulting from adopting side underride guard
technology, such as additional fatalities or injuries resulting
from damage to trailers, high centering and increased trips
required by cargo displacement.”
In the letter, OOIDA stressed operational challenges
regarding rail crossings, loading docks and low-ground
clearances.
“NHTSA has considered numerous options involving side
underride guards for decades but has consistently concluded
federal mandates would be impractical,” OOIDA wrote.
In 2023, NHTSA issued an advance notice of proposed
rulemaking that considered requiring side underride guards.
The agency is now expected to consider the underride
committee report before deciding whether to move forward
with a proposal.
According to the DOT’s latest regulatory agenda, the
side underride guard rulemaking remains in the “analyzing
comments” phase. LL
What’s next?
That divide often led to meeting time
being spent on procedural motions
rather than generating a unified plan.
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20 LAND LINE AUGUST/SEPTEMBER 2024
Fed
Up
By Mark Schremmer Senior Editor
A
proposal to reclassify marijuana’s drug status will
not prevent the U.S. Department of Transportation
from testing for the substance.
That was Transportation Secretary Pete Buttigieg’s
message to a House committee at a hearing on June 27.
“Our commitment to that testing continues regardless
of the schedule, and we believe our authorities are
intact,” Buttigieg said.
In May, the U.S. Department of Justice submitted a
notice of proposed rulemaking that seeks to no longer
classify marijuana as a Schedule I drug. For more
than half a century, marijuana has been classied as a
Schedule I drug under the Controlled Substances Act.
Schedule I drugs are those “with no currently accepted
medical use and a high potential for abuse,” according to
the U.S. Drug Enforcement Administration. That includes
heroin, LSD, ecstasy and peyote, to name a few.
Instead, the DOJ proposal would reclassify marijuana
as a Schedule III drug. Those are substances with
a moderate-to-low potential for addiction. Current
Schedule III drugs include ketamine, anabolic steroids
and testosterone.
The proposal prompted numerous concerns from the
trucking industry that the change could affect drug testing
programs for commercial drivers.
Buttigieg aimed to ease those concerns at the House
Transportation and Infrastructure Committee hearing.
“Any impaired driving via alcohol, marijuana or any
other source of impairment is, of course, a major safety
concern,” Buttigieg said. “Our understanding is that
the rescheduling of marijuana from a Schedule I to a
Schedule III would not alter DOT’s marijuana testing
requirements with respect to the regulated community.
For private individuals who are performing safety-
sensitive functions in respect to drug testing, marijuana
is identied by name and not by reference to one of those
classes. So even if it moves in its classication, we do not
believe it would have a direct impact on that authority.”
The proposal
Rescheduling marijuana neither legalizes nor
decriminalizes the drug at the federal level.
However, Schedule I and II drugs are subjected to the
strictest federal regulations, especially those pertaining to
taxes, research and manufacturing.
Two likely effects of the rescheduling come down to
taxes and research. In states where marijuana is legal,
federal law prohibits dispensaries and farms from
deducting most expenses since they are trafcking a
Schedule I or II drug. That tax code does not apply to
Schedule III drugs.
Currently, the federally regulated trucking industry
must adhere to 49 CFR 40, which is the U.S. Department
of Transportation’s policy on drug- and alcohol-testing
requirements. Under those rules, labs must test for ve
drug classes: marijuana, cocaine, amphetamines, opioids
and phencyclidine (PCP). The regulation does not specify
drug schedules.
Marijuana testing
As more states continue to legalize marijuana for medical
and recreational purposes, opponents of the DOT’s
current testing program argue that it determines use of
the drug in the preceding weeks and months rather than
driving under the inuence. Unlike alcohol, however,
there is no reliable test on the market to measure
impairment from marijuana use. Until that happens, any
changes to DOT testing for marijuana are unlikely.
For now, we know that truck drivers should steer clear
of marijuana and even CBD products.
THC levels in CBD products are not certied by the
Food and Drug Administration, according to a U.S.
Department of Transportation “CBD Notice” issued
in February 2020. That notice urged consumers to be
cautious when purchasing or using any CBD products, as
the labeling may be misleading.
“CBD use is not a legitimate medical explanation for
a laboratory-conrmed marijuana-positive result,” the
notice said.
The public was given through July 22 to comment
on the Department of Justice’s proposal to reschedule
marijuana. As of press time, more than 30,000 comments
had been submitted. LL
Land Line Associate Editor Tyson Fisher contributed to
this report.
Committed to testing
DOT leader attempts to clear air in marijuana rescheduling
“Our commitment to
that testing continues
regardless of the
schedule, and we believe
our authorities are intact.”
– Pete Buttigieg, DOT secretary
Photo courtesy of USDOT
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AUGUST/SEPTEMBER 2024 LAND LINE 21
Fed
Up
By Mark Schremmer Senior Editor
Dozens of lawmakers in the House and Senate are united
against the U.S. Environmental Protection Agency’s
nal rule for heavy-duty vehicles.
Led by Rep. Randy Feenstra, R-Iowa, and Sen. Mike
Crapo, R-Idaho, a group of 157 lawmakers sent a letter on
July 2 to EPA Administrator Michael Regan and President
Joe Biden.
The members of Congress said the rule will place a heavy
burden on truckers, farmers and other businesses across the
country.
“This nal rule, which encompasses heavy-duty vehicles
ranging from delivery trucks and school buses to tractors
and semis, would disrupt the heavy-duty truck industry by
forcing the broad adoption of heavy-duty zero-emission
vehicles on an extremely aggressive timeline, despite
these vehicles currently being less than 1% of sales,” the
lawmakers wrote. “According to a recent study, it would
cost nearly $1 trillion in infrastructure investment alone to
fully electrify the U.S. commercial eet, which does not
include the expense of purchasing new semis. Additionally,
the cost for an electric semi-truck averages over $400,000,
while a comparable diesel Class 8 truck costs around
$180,000 – meaning electric trucks cost an average of 122%
more than a normal semi.”
Earlier this year, the EPA announced its nal rule formally
known as “Greenhouse Gas Emissions Standards for
Heavy-Duty Vehicles – Phase 3.” The new truck emission
standards apply to heavy-duty vehicles for model years
2027 through 2032.
Commonly referred to as “zero-emission” trucks,
electric and hydrogen-fueled trucks are actually “zero-
direct-emission” vehicles, as dened by the Department of
Energy. Although emission measured on a tailpipe basis
(direct) may be zero, emission related to battery production,
distribution, recycling and disposal do not have a net-zero
result.
The EPA rule requires that 25% of sleeper cab tractors
must be zero-direct-emission vehicles by 2032.
Opponents say the aggressive rule will hurt the agriculture
industry and will cost Americans more in utilities and
groceries.
“Our farmers and agricultural industry will be especially
hurt by this new mandate,” the lawmakers wrote in the
letter. “According to the latest agriculture census by the
U.S. Department of Agriculture, there are 3,161,820 trucks
(including pickups) on over 1.4 million farms and 3,784,743
tractors on over 1.5 million farms that would see higher
equipment costs and tighter margins due to this misguided
rule … Not only would this rule harm consumers, but it
would also exacerbate consolidation by effectively forcing
our small trucking companies out of business (because they)
cannot afford this hasty transition to electric or hydrogen-
powered trucks.”
Crapo spoke out about the EPA’s nal rule in a news
release.
“Heavy-handed, top-down environmental policies
do more harm than good,” he said. “Regulations like
these raise costs for Americans, harm farmers and small
businesses and push our country toward greater dependence
on China. We deserve a choice in the cars and trucks we
drive, especially when the consequences of these mandates
are so detrimental to the economic success of families,
businesses and rural communities.”
Trucking groups oppose
The Owner-Operator Independent Drivers Association and
American Trucking Associations both oppose the EPA rule.
OOIDA President Todd Spencer said the rule would
“devastate” America’s supply chain and “suffocate” small
trucking businesses.
ATA said that the EPA rule ignores the lack of
infrastructure and charging stations needed for heavy-duty
trucks.
In June, OOIDA, the American Petroleum Institute, the
American Farm Bureau Federation and the National Corn
Growers Association challenged the EPA rule in federal
court. LL
Land Line Associate Editor Tyson Fisher contributed to
this report.
Heavy burden
More than 150 lawmakers ask EPA
to rescind heavy-duty emission rule
Carolyn Franks/stock.adobe.com
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22 LAND LINE AUGUST/SEPTEMBER 2024
Fed
Up
By Mark Schremmer Senior Editor
When Tamara Brock joined the Truck Leasing Task
Force, she knew that there were problems with
lease-purchase arrangements in the trucking industry.
However, she also believed that it was a model worth
saving.
“You asked why people do this,” Brock said during a
task force meeting in October 2023. “Because they want
ownership. The playing eld is unfair, but we just want
to level the playing eld.”
Months later, Brock has had a change of heart. The
longtime trucker said the stories from truck drivers
who have been victimized by predatory lease-purchases
caused her to think differently.
“When I rst started on the committee, I was gung ho
about keeping these arrangements,” Brock said in June.
“But over these past months that we’ve been meeting …
I’ve just changed my mind completely.”
Brock said she spoke with truck drivers at the Mid-
America Trucking Show in Louisville, Ky., and watched
videos of drivers who spoke about getting caught up in
lease-purchase arrangements with a motor carrier.
“It totally changed my perspective,” Brock said. “I
watched a video from a driver who was in the rst
month of a lease-purchase. After one month, she was
already $900 in the negative. She made way more
money as a company driver … The whole concept is set
up to fail.”
Steve Rush, chairman of the task force, also previously
believed the model could be salvaged. But like Brock,
he gained information from the task force that led him to
a different opinion.
“The lease-purchase model needs to go away,” Rush
said. “The evil, and I mean that, evil, far outweighs the
minuscule good that comes out of it.”
The comments from Brock and Rush came at the
Truck Leasing Task Force’s meeting on June 13.
The task force, which was established by Congress
with the goal of ending predatory lease-purchase
agreements in the trucking industry, started in 2023.
Since that time, numerous stories of truck drivers getting
into bad deals with motor carriers have been relayed.
In these predatory lease-purchase agreements, a carrier
leases a truck to a driver but still largely holds control
over the operation, including the driver’s ability to pay
off the loan. It is common for drivers to report owing
money to the carrier at the end of a pay period.
Paul Cullen Jr., a task force member and attorney
for the Cullen Law Firm, has contended for several
meetings that arrangements
where the carrier holds the
loan over the driver should
come to an end.
“I keep on the table,
‘Why we should try to save
this model?’ I think it’s an
important question for us
to analyze,” Cullen said
at the January meeting. “Why should it be saved? I
think we should keep that on the table for our potential
recommendation at the end.”
Comments from Brock, Rush and others made it
appear that a large portion of the task force had reached
that same conclusion.
However, Cullen said he wanted to reiterate that the
task force is aimed at protecting truck drivers who owe
a debt to the motor carrier and have no true ownership
of the truck or their business. The task force, however,
is not attempting to change the longstanding model of
an owner-operator who decides to lease his or her truck
back to a carrier.
Steve Viscelli, a task force member who is an
economic sociologist at the University of Pennsylvania,
said he’s seen predatory lease-purchase arrangements
where the failure rate is 90 or 95%.
Ryan Kelly of the Consumer Financial Protection
Bureau said failure rates that high don’t happen by
mistake.
“If a model fails 90% of the time, it’s designed to
fail,” Kelly said. “It’s not an accident. That failure rate is
unheard of.”
The Truck Leasing Task Force plans to submit its nal
report of recommendations to FMCSA administration in
November. LL
Change of heart
Task force members speak out against
predatory lease-purchases
“When I first started on the committee, I was
gung ho about keeping these arrangements.
But over these past months that we’ve
been meeting … I’ve just changed my mind
completely.” – Tamara Brock, TLTF member
Photo courtesy of Tamara Brock, Brock Logistics
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AUGUST/SEPTEMBER 2024 LAND LINE 23
Fed
Up
UCR fees to increase in 2025
Registration costs to go up about 25%
By Mark Schremmer Senior Editor
The Unied Carrier Registration
fees for 2025 will be about 25%
more than the fees for 2024.
The Federal Motor Carrier Safety
Administration announced the new
UCR fees in a nal rule that was
published in the Federal Register on
June 17.
“Following a reduction in fees
of an average of 37.3% over
the two prior years, the fees for
the 2025 registration year will
be increased above the fees for
the 2024 registration year by an
average of 25% overall, with
varying increases between $9 and
$9,000 per entity, depending on the
applicable fee bracket,” FMCSA
wrote. “The nal rule is based upon
a recommendation from the UCR
Plan.”
UCR is an annual permit that
most motor carriers must pay if they
have an active U.S. DOT number,
regardless of whether they are using
that DOT number or whether it
is marked interstate, according to
OOIDA’s Permits and Licensing
Department.
All states must enforce UCR
requirements, whether or not a
state participates in it. The not-
participating states are Arizona,
Florida, Hawaii, Maryland, Nevada,
New Jersey, Oregon, Vermont and
Wyoming. Washington, D.C., also
does not participate. The UCR
applies to all motor carriers and
entities required to register with
FMCSA, including those based in
Canada and Mexico.
According to FMCSA, UCR
fees are used by participating
states for motor carrier safety
programs and enforcement or for the
administration of the UCR Plan and
UCR agreement.
UCR fees for 2025
FLEET SIZE FEE
0-2 ................................................$46
3-5 ..............................................$138
6-20 .......................................... $276
21-100 ......................................$963
101-1,000 ...........................$4,592
1,001 or more .............$44,836
UCR fees for 2024
FLEET SIZE FEE
0-2 ................................................$37
3-5 ................................................$111
6-20...........................................$221
21-100 .....................................$769
101-1,000 ...........................$3,670
1,001 or more ............. $35,836
Comments
FMCSA published a notice of
proposed rulemaking with the intent
to increase the fees by 25% in
January.
The agency received about 60
comments from the public. Many of
the commenters suggested that an
increase is “unwarranted.” FMCSA
defended the increase.
“By statute, the UCR fee is
authorized for annual adjustment
by FMCSA, either to increase or
decrease the fee to ensure adequate
funds to provide participating states
with their revenue entitlement,” the
agency wrote.
Although FMCSA is increasing
the fee for one truck from $37 in
2024 to $46 in 2025, the cost still
is signicantly lower than in past
years.
In 2019, the fee for one truck was
$68. It then fell to $59 for the next
three years, $41 in 2023 and $37 in
2024. LL
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24 LAND LINE AUGUST/SEPTEMBER 2024
Fed
Up
By Tyson Fisher Associate Editor
The latest statistics show that the nation’s
highways have become a little safer in recent
years.
To start 2024, trafc fatalities continued a downward
trend.
According to the National Highway Trafc Safety
Administration, there were 8,650 trafc fatalities in
the rst quarter of 2024. That represented a decrease
of more than 3% compared to the rst three months of
2023.
A drop in trafc fatalities occurred in two of the rst
three months of this year. There was a 9.4% decrease
in January and a 4% decrease in February. Trafc
deaths went up by nearly 4% in March.
The decline in trafc fatalities came despite an
increase in vehicle miles traveled. Historically,
highway trafc deaths tend to go up when motorists
log more miles on the roadways. So far this year,
vehicle miles traveled have increased slightly, by
0.6%. Consequently, the fatality rate – the number
of fatalities per 100 million vehicle miles traveled –
dropped to 1.13 compared to 1.18 in the rst quarter of
last year.
“We’re encouraged to see trafc fatalities continue
to decline, but more work must be done to reduce
these preventable tragedies on our roads,” NHTSA
Deputy Administrator Sophie Shulman said in a
statement. “NHTSA is working diligently to save lives
and ensure our roads are safe for everyone inside and
outside of vehicles.”
Geographically, trafc fatalities were down in most
parts of the country, with six of 10 regions reporting a
decrease, including 30 states.
Region 4 (Alabama, Florida, Georgia, South
Carolina and Texas) reported the largest decrease,
at 12%. Region 2 (New Jersey, New York and
Pennsylvania) had the largest increase, at 6%. There
was no change in Region 10 (Alaska, Idaho, Montana,
Oregon and Washington).
Broken down by state, Rhode Island experienced the
largest drop in trafc fatalities as a percentage change
compared to the previous year. Deaths on highways
in the Ocean State dropped from 24 in the rst quarter
of 2023 to nine this year, a 62.5% decline. Meanwhile
in Maine, trafc deaths more than doubled from 14
to 29, the largest percentage increase in the nation.
Massachusetts had the lowest fatality rate, at 0.5,
while Mississippi had the highest rate, at 1.9.
A decrease in trafc fatalities during the rst quarter
of this year marked the eighth consecutive quarterly
decline.
However, deaths along the highways were still up
signicantly compared to a decade earlier. The 8,650
trafc deaths this year were more than 26% higher
than the 6,856 deaths reported in the rst quarter of
2014. During that quarter, the fatality rate was only
0.99, the lowest rate among all quarters in the past 10
years.
NHTSA’s rst quarter early estimates include only
the number of total trafc fatalities and are not broken
down by vehicle type, occupants or crash factors.
Numbers for 2023 and 2024 are only projections, with
more complete data for 2023 expected later this year.
Data for the rst quarter of 2024 will be revised
when projections for the rst six months are released
in late September.
NHTSA’s complete data for 2022 indicated that
nearly 6,000 people were killed in crashes involving
large trucks, a 2% increase from the previous year.
Among those killed, nearly 1,100 were occupants of a
large truck, an 8.5% increase. Of those truck drivers,
trafc fatalities involving single-vehicle crashes rose
5%, while multi-vehicle crashes went up 13%.
However, truckers are not at fault the vast majority
of the time.
In 2021, the Federal Motor Carrier Safety
Administration revealed numbers indicating that more
than 90% of truckers involved in fatal crashes did not
receive a moving violation. LL
A move in the right direction
NHTSA stats show decrease in traic fatalities
Kein/stock.adobe.com
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AUGUST/SEPTEMBER 2024 LAND LINE 25
Fed
Up
By Mark Schremmer Senior Editor
The Federal Motor Carrier Safety Administration has a new
person in charge.
Vinn White was named FMCSA’s acting leader on
June 25.
White, who has served as the Department of
Transportation’s acting chief articial
intelligence ofcer, will be FMCSA’s
deputy administrator. Without a
conrmed leader of the agency in place,
White also will serve as FMCSA’s
acting administrator.
“It is an honor to take on this role, and
I thank Secretary (Pete) Buttigieg for his
trust and condence in my ability to lead
the important work of FMCSA,” White said. “Our agency
is focused on enhancing safety for all roadway users, and
I am committed to working with safety partners across the
commercial motor vehicle industry to get this work done.”
During White’s time at the Department of Transportation,
he led the development of the agency’s innovation
principles and helped launch the Transforming
Transportation Advisory Committee. In 2016, he was the
chief architect of the DOT’s 30-year transportation plan.
He also previously served as an adviser to New Jersey
Gov. Phil Murphy. During that time, White worked mostly
on transportation policy.
FMCSA has been without a permanent administrator since
Robin Hutcheson left her post in January.
Hutcheson was conrmed as FMCSA administrator in
September 2022 and started serving in an acting capacity in
January 2022.
Sue Lawless had led the agency in the role of acting
deputy administrator since Hutcheson’s departure. She now
will serve as FMCSA’s executive director and chief safety
ofcer. Lawless rst joined FMCSA in 2001.
Brenna Marron is listed as FMCSA’s director of
governmental affairs.
It is unclear what the change in leadership will mean in
terms of FMCSA policies. Under Hutcheson’s leadership,
the agency elected to resurrect a 2016 speed limiter
rulemaking in May 2022 without any directive from
Congress. With FMCSA not having a conrmed leader and
the November presidential election looming, the rulemaking
now isn’t expected to progress until next year. LL
FMCSA appoints acting administrator
Vinn White
Photo courtesy of FMCSA
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26 LAND LINE AUGUST/SEPTEMBER 2024
Fed
Up
BRIEFS
NHTSA denies petition on
rear-impact guard final rule
The National Highway Trafc Safety
Administration recently denied a
petition from trucking safety groups
to reconsider a 2022 nal rule aimed
at improving rear-impact guards on
trailers and semitrailers.
NHTSA announced the denial in
a notice published in the Federal
Register on June 26.
In 2022, the agency issued a nal
rule to require that the rear-impact
guards on trailers and semitrailers
possess sufcient strength and
energy absorption to protect
occupants and passenger vehicles
in multiple crash scenarios. The
rule required the guards to be able
to withstand an impact of 35 mph.
In addition, the standards provided
upgraded protection for crashes
in which 50% of the width of the
passenger motor vehicle overlaps the
rear of the trailer or semitrailer.
In August 2022, Advocates for
Highway and Auto Safety, the
Truck Safety Coalition, Citizens for
Reliable and Safe Highways, and
Parents Against Tired Truckers led
a petition for reconsideration. The
petitioners disagreed with NHTSA’s
data and analysis used to make
the nal rule and asserted that the
agency should require reinforced rear
guards designed for a 30% overlap
crash condition.
As part of the petition, the safety
groups argued that NHTSA created
its nal rule without considering all
of the available data on underride
crashes.
NHTSA said that the safety groups’
arguments about underreporting and
“faulty” data were already addressed
during the rulemaking process.
The safety groups argued that
NHTSA failed to follow a provision
in the 2021 Infrastructure Investment
and Jobs Act regarding the overlap
percentage. The agency said the
standard “would not be reasonable or
practicable.”
FMCSA moves forward
with procedural rule; other
CDL rulemaking faces
pushback
The Federal Motor Carrier Safety
Administration issued a nal rule
that amends the regulations to
incorporate the most recent edition
of the American Association of
Motor Vehicle Administrators CDL
Information System State Procedures
Manual.
The rule, which was published in
the Federal Register in June, will
require all state driver’s licensing
agencies to follow standard
administrative practices required
by the states. These updates were
required by statute.
Although FMCSA’s most recent
nal rule is mostly procedural, the
agency is working on another CDL
rulemaking that will be of interest to
drivers and motor carriers.
In February, FMCSA published
a notice of proposed rulemaking
aimed at increasing exibility for
state driver licensing agencies and
applicants.
The Owner-Operator Independent
Drivers Association, which
represents small-business truckers,
said there is no justication for
making it easier for an unqualied
truck driver to receive a CDL.
OOIDA opposes exemption
request for student drivers
FMCSA shouldn’t grant motor
carriers exemptions from safety
regulations based on the false
premise of a driver shortage, OOIDA
said in formal comments to the
agency.
Covenant Transport and Landair
Transport – who are working jointly
as Covenant Logistics – recently
asked FMCSA for an exemption
that would allow thousands of
their student drivers to operate a
commercial motor vehicle without
a CDL holder in the passenger seat.
The companies requested a two-year
exemption that would apply to about
4,000 drivers annually.
Current regulations require a
CDL holder with the proper class
and endorsements to be seated
in the front while a commercial
learner’s permit holder is driving
on public roads or highways. The
exemption would allow Covenant
Logistics student drivers who
passed the skills test but have not
yet received the CDL document to
drive a commercial motor vehicle
accompanied by a CDL holder “who
is not necessarily in the passenger
seat.”
OOIDA led comments on June
Henryk Sadura/stock.adobe.com; iQoncept/stock.adobe.com
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AUGUST/SEPTEMBER 2024 LAND LINE 27
24 in opposition of the exemption
request.
“Covenant’s exemption request is
another example of a carrier using the
false premise of a driver shortage to
take advantage of safety regulations,”
OOIDA wrote in comments signed by
President Todd Spencer. “In reality,
evidence from the federal government
and industry analysis show that driver
turnover is the problem. For one,
FMCSA estimates that over 400,000
new CDLs are issued every year.
… The nation’s largest truck eets
routinely report annual turnover
rates above 90%. Clearly, there is
no shortage of drivers entering the
industry.”
Covenant Logistics’ request is
comparable to an exemption that
FMCSA already has granted to several
carriers.
Alaska requests renewal of
driver training exemption
Alaska already possesses an
exemption from a portion of the entry-
level driver training rules through the
rest of the year. However, the state
is now asking FMCSA to extend the
exemption for another ve years.
In 2022, Alaska asked FMCSA for
relief from the requirement that CDL
applicants demonstrate prociency
in proper techniques for initiating
vehicle movement, executing left
and right turns, changing lanes,
navigating curves at speed, entry and
exit on interstate or controlled-access
highway and stopping the vehicle in a
controlled manner.
FMCSA granted Alaska a two-year
exemption in December 2022 due
to the state’s unique geography, but
the relief was limited to drivers in 14
dened areas that lack infrastructure to
allow completion of the full skills test.
Notice of Alaska’s request for a ve-
year renewal of the exemption was
published in the Federal Register on
June 18. LL
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28 LAND LINE AUGUST/SEPTEMBER 2024
OOIDA’s StateWatch
By Keith Goble State Legislative Editor
The majority of state legislatures have wrapped
up their work for this calendar year. Here’s our
end-of-summer review of bills you found of
interest. It’s a roundup of items that governors
signed into law in recent weeks and other actions.
For a complete rundown of state legislation, visit
LandLine.media.
CALIFORNIA
A California bill nearing passage addresses concern
about autonomous trucks.
AB2286 would prohibit autonomous vehicle operation
with a gross vehicle weight of at least 10,001 pounds
for testing purposes, transporting goods or transporting
passengers without a “human safety operator physically
present” in the vehicle during operation.
COLORADO
In Colorado, a new law legalizes lane ltering.
Previously SB79, the new law authorizes a motorcycle
to pass another vehicle in the same lane if trafc is
stopped and the motorcycle is moving at 15 mph or less.
The maneuver is forbidden on the right shoulder or
in a lane of trafc moving in the opposite direction. A
clarication is included that the move is forbidden once
vehicles being overtaken or passed begin moving.
FLORIDA
Florida Gov. Ron DeSantis has signed into law a bill
that addresses how vehicle-related taxes and fees can be
used.
Currently, a minimum of 15% of all state revenue
annually are committed by the Florida DOT for public
transportation projects. However, there is no cap on the
maximum amount that can be directed to transit work.
HB287 places a cap of 20% on revenue from state fuel
taxes and motor vehicle license-related fees that can be
applied for public transit projects.
LOUISIANA
A new Louisiana law covers optional equipment on
commercial vehicles that is not required by state or
federal law. HB785 states there is no duty to have
optional equipment that is not required by law.
A person who owns, operates or leases a truck would
not be liable for failure to install optional equipment.
Absence of optional equipment also would not be
admissible to establish an owner’s negligence.
MINNESOTA
Money for additional truck parking has been approved in
Minnesota.
Included as part of a massive spending bill signed
into law, $7.75 million is allotted in scal year 2025
for construction and expansion of truck parking off
Interstate 94. The locations identied are the Big Spunk
Lake Rest Area in Avon and the Eneld Rest Area.
Another $4.8 million is allotted for “one or more truck
parking safety projects” for the trunk highway system.
Each truck parking safety project is required to expand
truck parking availability in the Minneapolis and St. Paul
area.
NEW JERSEY
In New Jersey, Gov. Phil Murphy has signed into law
a bill to permit reciprocity agreements with states and
other tolling authorities to recoup lost revenue from
nonpaying out-of-state drivers.
New Jersey tolling authorities could opt to have the
state DOT work on their behalf to collect unpaid tolls.
PENNSYLVANIA
The Pennsylvania Senate voted to approve a non-binding
resolution that urges the U.S. Congress to “pursue
legislative remedies” that allow individuals between 18
and 20 years old with CDLs to haul interstate.
TENNESSEE
A new Tennessee law includes comprehensive reforms
to protect truck drivers and motorists from predatory
towing practices.
Previously SB1692/HB1731, the new law limits
booting to commercial lots. Another provision makes it
illegal to boot or use a device to immobilize any truck
and trailer that is clearly identied as a commercial
vehicle with a USDOT number or with a commercial
license plate.
UTAH
In Utah, a new law creates a denition for road rage in
statute.
HB30 denes “road rage events” as a criminal action
by an operator of a vehicle in response to an incident that
occurs or escalates upon a roadway, with the intent to
endanger or intimidate an individual in another vehicle.
In addition to possible jail time, police would have the
option to seize and take possession of a vehicle without
a warrant. Additionally, a judge would have the option to
suspend the offender’s driver’s license. LL
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AUGUST/SEPTEMBER 2024 LAND LINE 29
By Ryan Witkowski Sta Writer
A ve-year plan recently approved by ofcials in Iowa
will facilitate truck parking expansion and the addition of
restrooms at certain rest areas across the state.
The Iowa Transportation Commission recently approved
its 2025-2029 Transportation Improvement Program, which
outlines the allocation of an expected $4.5 billion in state
and federal funds over the next ve years for state highway
and bridge construction projects.
According to the state’s Department of Transportation, the
Commission “prioritizes investments that improve the safety
and condition of existing state highways and bridges,” with
over $3.9 billion of the program’s total funds allocated to
projects of that kind.
Stuart Anderson, director of the Iowa DOT’s
Transportation Development Division, said the state is also
making investments that will benet truckers.
“One of the Commission’s program objectives is to
support accessibility by investing in truck parking at
Interstate Rest Areas and to invest in vault toilets at parking-
only sites,” Anderson told Land Line.
In total, the program will add 51 truck parking spots at
existing rest areas along the interstate system over the next
ve years.
Anderson said that nancial constraints in 2023 led to the
delay of a dozen projects this year. Among those delayed
projects was one to eliminate truck parking-only sites across
the state, which did not have restroom facilities for drivers.
But that delay turned into a benet for drivers. Rather than
eliminating the sites, the recently approved version of the
program allocated funds to add vault toilets at some of the
locations.
The state also is investing in improvements that will
benet truckers this year. A recently completed project added
“24/7 modern restroom facilities” at two weigh stations
along Interstate 80 – one westbound in Jasper County and
the other eastbound in Dallas County. Additionally, work is
underway on a project to expand truck parking by 18 spaces
at the rest area located along I-80 eastbound near Victor. LL
State
Line
Truck parking expansion, restroom
additions part of Iowa’s road plan
By Mark Schremmer Senior Editor
The New Jersey Department of Banking and Insurance
provided clarication to Land Line in late June regarding
which motor carriers must comply with its new law that
requires a minimum of $1.5 million in liability insurance.
The new law took effect on July 1.
“Under the law, (for) commercial motor vehicles with
a gross vehicle weight of 26,001 or more pounds, the
minimum limit of liability insurance coverage required
is $1.5 million on account of injury to, or death of one or
more persons in any one accident or for damage to property
in any one accident,” Dawn Thomas, acting director of
public affairs for the department, said in a statement. “For
commercial motor vehicles with a gross vehicle weight of
10,001 or more pounds, but not greater than 26,001 pounds,
the minimum limit of liability insurance coverage required is
$300,000. Motor vehicles garaged in New Jersey that travel
interstate are required to carry the new limits.”
The statement offers clarication to a previous bulletin
that suggested the law may apply only to New Jersey-based
intrastate carriers.
Justin Zimmerman, acting commissioner of the New
Jersey Department of Banking and Insurance, issued a
bulletin about the new law on May 24.
“The act amended existing law to increase the minimum
limits of liability insurance coverage that must be
maintained by owners and/or operators of commercial motor
vehicles registered or principally garaged (i.e. based-plated
or at home) in New Jersey engaged in intrastate commerce,”
the bulletin stated.
New Jersey increases minimum
liability insurance
In January, the New Jersey statehouse passed a law to
increase motor carriers’ minimum insurance requirement to
$1.5 million for each truck weighing 26,001 pounds or more.
Introduced by Sen. Nicholas Scutari, D-Middlesex, the
legislation passed the Senate, State Assembly and the Senate
again all on Jan. 8. Eight days later, New Jersey Gov. Phil
Murphy signed the bill into law.
New Jersey’s new minimum is double the current federal
minimum of $750,000.
The Owner-Operator Independent Drivers Association has
fought back against previous attempts to increase minimum
liability insurance at the federal level, arguing that research
shows the existing minimum covers the cost in over 99% of
cases.
“It is beyond outrageous that lawmakers in New Jersey
basically pushed through legislation that dramatically affects
truckers in the state without any opportunity for public input
or scrutiny,” OOIDA President Todd Spencer said. “Then,
the state doesn’t even clarify its intent for the law until just
days before it becomes effective.” LL
Details provided on New Jersey minimum insurance law
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30 LAND LINE AUGUST/SEPTEMBER 2024
By Keith Goble State Legislative Editor
July 1 marked fuel tax rate
changes in nearly a quarter of
states across the country.
Automatic tax rate changes
ranged from a 3.2-cent increase
on Connecticut diesel to a 2.3-
cent decrease on Kentucky gas
and diesel.
California
Yet another round of fuel rate
increases are now in place in
California. The automatic increases
are to keep up with ination.
For the past year, excise tax
collected on gas purchases has been
set at 57.9 cents and the diesel rate
at 44.1 cents. As of July 1, the excise
tax on gas is up 1.7 cents per gallon
to 59.6 cents. The diesel excise tax
increased 1.3 cents per gallon to 45.4
cents.
Gov. Gavin Newsom has repeatedly
pointed the nger at oil companies
as the reason for the state’s high fuel
prices. In 2023, he signed into law a
bill to implement price-gouging rules
for oil companies.
Colorado
In Colorado, the excise rates on
gas and diesel also increased. The
57.9-cent gas tax is up 1.7 cents to
59.6 cents. The 44.1-cent diesel tax
increased 1.3 cents to 45.4 cents.
The changes are the result of a
2021 state law touted by Gov. Jared
Polis to “future proof’ the state’s
transportation-funding system. The
$5.4 billion transportation-funding law
created a new set of road-user fees to
benet highways, transit and electric
vehicle infrastructure.
New fees and existing fees were
indexed to ination or to the national
highway construction costs index.
As a result, road usage fees assessed
on gas and diesel purchases increased
one penny, from 3 cents to 4 cents. An
additional fee applied solely to diesel
sales also increased from 3 cents to 4
cents.
The per-gallon fee on gasoline and
diesel is used to pay for road usage,
and the fee on diesel only for vehicles’
“impacts on bridges and tunnels.”
Connecticut
For the rst time in more than a year,
Connecticut’s diesel tax rate is up.
In 2023, the state froze the tax rate
to avoid an expected 12-cent hike
attributed to wholesale diesel prices
more than doubling from the previous
year.
Diesel in the state is taxed following
an annual formula that includes a xed
base and an adjustment that takes into
account the average wholesale diesel
prices from the prior year.
As of July 1, the 49.2-cent diesel tax
rate rose 3.2 cents per gallon to 52.4
cents. Meanwhile, the state’s 25-cent
gas tax rate has not changed since July
2000.
Illinois
Fuel tax rates in Illinois also
increased. A 5-year-old capital plan
approved by state lawmakers included
a component tying fuel rates to
ination. As a result, the rates change
on an annual basis.
The diesel and gas rates each
increased 1.6 cents, to 54.5 cents and
47 cents.
Since 2019, the diesel rate is up 33
cents from 21.5 cents. The gas rate is
up 28 cents from 19 cents.
In the past year, the Illinois State
Comptroller’s ofce reported the state
has collected $2.7 billion in fuel taxes.
Indiana
A scheduled increase also took effect
in Indiana. For the past year, the
excise rates on gas and diesel have
been set at 35 cents and 58 cents. On
July 1, the rates increased by a penny,
to 36 cents and 59 cents.
The changes are tied to state law
that requires annual rate adjustments
through 2027. Adjustments made each
July 1 are capped at one penny.
Kentucky
Meanwhile, across the state line in
Kentucky, the fuel tax dipped. The
diesel and gas rates were set at 30.1
cents and 25.7 cents.
Statute links the state fuel taxes to
the average wholesale price of fuel. As
a result, when the price goes up, the
tax rate follows. On the other hand,
a decline results in a corresponding
price dip. Since July 1, both tax rates
decreased by 2.3 cents, to 27.8 cents
and 23.4 cents.
Maryland
Fuel tax rates in Maryland also
dropped. Specically, the gas tax and
the diesel tax each decreased by 0.9
cents.
The changes are due to a decade-old
ination-indexing law that includes
two components. Maryland law
authorizes fuel rates to be adjusted
each July based on the consumer price
index and the retail price for fuel.
As a result, the gas tax decreased
from 47 cents to 46.1 cents. The diesel
rate dipped from 47.75 cents to 46.85
cents.
Several states implement
fuel tax changes on July 1
Sheila/stock.adobe.com
State
Line
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AUGUST/SEPTEMBER 2024 LAND LINE 31
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Despite the slight price decrease,
both tax rates are up 10 cents over
three years.
Missouri
In Missouri, the rst of July
marked the fourth of ve annual
increases to the state’s fuel tax rate.
A 2021 law put in place regular
increases to the state’s then 17-cent
fuel tax rate. The tax is slated to
increase by 12.5 cents to 29.5 cents
through July 2025.
The rst 2.5-cent increase took
effect in October 2021. The second
increase took effect the following
July. The third increase of the same
amount was implemented July 1,
2023. At that time, both the gas
and diesel rates were set at 24.5
cents.
The latest increase brings the
state rate up from 24.5 cents to 27
cents.
Missouri motorists are
permitted to le refund claims for
reimbursement of the additional
tax amounts.
Statehouse pursuits have failed
to gain passage that would extend
the refund offering to all Missouri
vehicle owners, including truck
drivers.
Nebraska
On July 1, a fuel tax increase took
effect in Nebraska. The 29.1-cent
gas and diesel excise rate increased
by one-half cent to 29.6 cents. The
change is due to a law linking the
state rates to the price of fuel.
The state tax is made up of three
components: the variable tax,
xed tax and wholesale tax. The
variable and wholesale rates are
adjusted twice annually. A separate
petroleum release remedial action
fee is not included in the state tax
rates.
The increase in the state’s tax
rates is a result of increased fuel
prices and a six-month adjustment
in the wholesale tax rate. Another
recalculation is set for Jan. 1, 2025.
New Jersey
New Jersey’s gas and diesel tax
rates also increased.
Gov. Phil Murphy earlier this
year signed into law a bill to raise
fuel tax collections. The state fuel
rate includes two components: a
petroleum products gross receipt
tax and a motor fuels tax.
Since October 2023, the
petroleum products gross receipt
tax has been set at 31.8 cents for
gas and 35.8 cents for diesel.
Additionally, the motor fuels
tax rate on gas is 10.5 cents. The
diesel rate is 13.5 cents. The total
tax rates for gas and diesel are 42.3
cents and 49.3 cents.
Starting July 1, an annual
1.9-cent-per-gallon fuel tax
increase was imposed that will
remain through July 2028. At that
time, the gas rate will be 51.8
cents, and the diesel rate will be
58.8 cents.
Virginia
In Virginia, the gas and diesel
excise rates are up. The 29.8-cent
excise rate on gas increased by a
penny to 30.8 cents. The 30.8-cent
diesel rate increased to 31.8 cents.
Additionally, the wholesale sales
tax on fuel increased. The gas rate
rose from 8.7 cents to 9 cents. The
diesel rate increased from 8.8 cents
to 9.1 cents.
The combined taxes bring the
state’s gas tax to 38.5 cents and
its diesel tax to 39.9 cents. The
tax rate changes are due to annual
changes in the consumer price
index. LL
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32 LAND LINE AUGUST/SEPTEMBER 2024
State
Line
By Keith Goble State Legislative Editor
Primary-election season continues, with 17 states yet to
have voters cast their ballots to determine who will vie for
elected federal, state and local ofces this fall.
Professional drivers registered to vote should make
the effort to cast their primary ballots. With a number of
states offering options such
as advance voting, voting by
mail and absentee voting, it’s
possible for many truckers to
make their voices heard no
matter where they happen to
be on Election Day, Nov. 5.
And although primary
elections typically don’t
receive the same attention as
the fall election, they can be just as important, if not more
so. Primary ballots typically include a variety of issues,
including some signicant to the trucking industry.
According to the National Conference of State
Legislatures, 28 states offer no-excuse absentee voting,
and 14 states offer absentee voting as long as voters
provide an eligible excuse. Another eight states allow all
elections to be conducted entirely by mail, while nine
states permit some elections to be conducted entirely by
mail.
Although all-mail elections permit registered voters
to return a ballot by mail, voters also have the option of
accessing in-person voting on Election Day.
Primary season continues
More than half of all states have wrapped up their
primaries. In those states, focus has shifted solely to the
November election.
During the month of August, 13 states have primaries
scheduled. Tennessee will hold its primary on Aug. 1.
Kansas, Michigan, Missouri and Washington will hold
primaries on Aug. 6. In Hawaii, the statewide primary
will be Aug. 10. Connecticut, Minnesota, Vermont and
Wisconsin primaries are set for Aug. 13. Alaska, Florida
and Wyoming will hold theirs on Aug. 20.
Four more states have primaries set for September. The
Massachusetts primary will take place Sept. 3., and on
Sept. 17, primary season will wrap up in Delaware, New
Hampshire and Rhode Island.
Deadlines for voter registration
Truckers not yet registered to vote should act quickly to
ensure their voice is heard this fall. The rst round of state
registration deadlines is fast approaching.
In most states, you can register to vote in person or
online. Depending on your state, you may be able to print
your registration form from a website or pick one up in
person from the DMV, local board of elections ofce,
post ofce, library or other locations designated by state
ofcials.
Voter registration deadlines vary by state. Eighteen
states require registration 28-30 days before Election Day.
They are Alaska, Arizona, Arkansas, Florida, Georgia,
Illinois, Indiana, Kentucky, Louisiana, Mississippi,
Montana, Nevada, New Mexico, Ohio, Rhode Island,
South Carolina, Tennessee and Texas.
In 13 states, registration deadlines are 20-27 days before
Election Day. They are Delaware, Idaho, Kansas, Maine,
Maryland, Minnesota, Missouri, New Jersey, North
Carolina, Oklahoma, Oregon, Virginia and West Virginia.
Another 17 states have a registration deadline up to 18
days before Election Day. They are Alabama, California,
Colorado, Connecticut, Hawaii, Iowa, Massachusetts,
Michigan, Nebraska, New Hampshire, New York,
Pennsylvania, South Dakota, Utah, Washington,
Wisconsin and Wyoming.
If you live in one of the above-mentioned states, it is a
good idea to have your registration submitted before the
earliest deadline date listed. Only one state, North Dakota,
does not require voter registration.
Same-day registration
Voters can take advantage of same-day registration in 21
states: California, Colorado, Connecticut, Hawaii, Idaho,
Illinois, Iowa, Maine, Maryland, Michigan, Minnesota,
Montana, Nevada, New Hampshire, New Mexico, Utah,
Vermont, Virginia, Washington, Wisconsin and Wyoming.
This means you can register and vote at the same time,
but only if you have a photo ID with your address on it.
Rhode Island offers Election Day registration only for
presidential elections.
After you submit your registration form, your state will
provide details about your polling place. Some states
will send a voter registration ID card, which you may be
required to show at your polling site. Other states require
voters to show a photo ID.
For more information on voter registration, visit Vote.
gov.
Truckers who have questions or need assistance can call
the OOIDA Membership Department at 816-229-5791,
ext. 4906. LL
Your need-to-knows for primary
elections and voter registration
GraphicEect/stock.adobe.com
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AUGUST/SEPTEMBER 2024 LAND LINE 33
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State
Line
Remote-controlled avalanche mitigation system coming to Utah
Photo courtesy of Wyssen Avalanche Control
By Land Line Sta
In an effort to enhance safety
and improve avalanche
mitigation efforts in Little
Cottonwood Canyon,
the Utah Department of
Transportation is installing a
remote-controlled system.
“This project is part of
UDOT’s long-term plan to reduce the amount of military
artillery red in the canyon,” UDOT Avalanche Safety
Program Manager Steven Clark said in a statement. “By
using this technology, we will enhance safety and become
even more effective at preventing avalanches from reaching
our roads.”
Work began in July and is expected to continue through
October.
Loose rock and unstable soil must be removed before
safety features are added and the installation process, which
involves special helicopters, can begin.
In all, 16 Wyssen Avalanche Towers will be installed
on the Mount Superior ridgeline above the road in Little
Cottonwood Canyon.
The towers will use wireless communication to deploy
explosive charges that hang just over ground to trigger
an avalanche. In the past, avalanche and road crews
used howitzers to trigger approximately 330 controlled
avalanches annually. Avalanches will now be triggered from
a safe location and with greater efciency, according to
Utah transportation ofcials.
No major road closures are expected, but short-term
closures in both directions of state Route 210 near Alta are
likely. UDOT said the bypass road will remain open as an
alternative route to the upper canyon area.
Those traveling to the upper canyon area for recreation
are encouraged to consult the map on the project website.
Mount Superior recreation area closures, including trails
and climbing routes, will be in effect through the duration
of the project.
“Respecting the construction area closure will help us get
the new towers installed as safely and quickly as possible
so we can begin using them this winter,” said Becky
Stromness, UDOT Region Two project manager.
Utah transportation ofcials plan for the towers to be
operational for the 2024 and 2025 winter season. LL
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34 LAND LINE AUGUST/SEPTEMBER 2024
By Keith Goble State Legislative Editor
Multiple states have taken action to
address concerns about rules that
relate to pain-and-suering damages in
incidents involving large trucks.
Louisiana
The Louisiana Legislature has approved two
measures to address reforms to the state’s civil
justice system. Gov. Jeff Landry signed one
bill and vetoed the other.
The governor signed into law a bill to repeal
the state’s direct-action statute. It takes effect
Aug. 1.
Existing law gives a plaintiff the right
to direct action against an insurer alone or
against the insured and insurer jointly.
Previously HB337, the new law limits
situations when a plaintiff can name and
assert a direct action against a defendant’s
insurer.
Applicable situations for direct action
include instances when the insured les for
bankruptcy, when the insured is insolvent or
when the insured is deceased. A court also
will be prohibited from disclosing to the
jury the existence of insurance coverage or mentioning
coverage with the jury present.
Landry vetoed another legal reform effort. HB423
sought to limit trial damages. Only actual medical
expenses of the injured party would be applicable.
The amount of medical expenses paid by collateral
sources also would be limited.
The Louisiana Motor Transport Association described
the bill as a pursuit to bring transparency to juries in the
process of calculating past medical expenses.
In his veto message, the governor said the collateral
source rule “is designed to ensure fairness and just
compensation for injured parties in civil lawsuits.”
“There is no proof that any responsible Louisiana
citizen who uses health insurance is being overpaid at
trial,” Landry wrote. “The reality is the collateral source
rule only impacts cases that are going to trial, and very
few cases are actually going to trial these days.”
Indiana
A new Indiana law allows seat belt usage to be
considered in accident lawsuits. State law has prohibited
seat belt information from being made available to
juries.
Effective July 1, juries in civil lawsuits related to
vehicle accidents are permitted to hear whether the
victim was wearing a seat belt. The information then can
be used when considering damages. A judge still has the
nal say on whether the information is allowed to be
presented.
Rep. Jim Pressel, R-Rolling Prairie, said it is important
that the state not stand in the way of juries’ access to
information about whether a vehicle occupant was
wearing a seat belt.
“It has nothing to do with fault. It has nothing to do
with cause. It’s only to be used in damages,” Pressel
previously told lawmakers.
The American Trucking Associations said reforms like
the new Indiana law are critical to ensuring fairness and
balance in the civil justice system.
Georgia
In Georgia, a new law in effect July 1 repeals a nearly
State
Line
Damages related to truck crashes
topic of new state laws
Mustafa/stock.adobe.com; BCFC/stock.adobe.com
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AUGUST/SEPTEMBER 2024 LAND LINE 35
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CMCI 10_2017 9/9/19 2:24 PM Page 1
century-old direct-action statute that covered truck drivers.
The new rule is intended to help address the needs
of truck drivers in the state. The action follows the
recommendation of a special legislative panel on trucking.
In place since the 1930s, the state’s direct-action rule
was a leading topic of the panel that gathered a year ago to
discuss issues described as contributing to a truck driver
shortage.
Georgia Insurance Commissioner John King was a
participant during the panel discussion. He told the group
the rule that permits a plaintiff to take direct action against
the responsible insurance company should be repealed.
King said that Georgia does not allow any insurer to be
named as a defendant in any other business except trucking.
“Only the trucking industry is subject to these kinds of
requirements,” he testied.
Senate Majority Leader Steve Gooch, R-Dahlonega, said
that the cost of insurance for truck drivers has risen so
rapidly over the past few years it has put Georgia truckers
at a competitive disadvantage with operations in other
states.
The new law puts into place limits on lawsuits led by
individuals injured in truck-related incidents.
Sen. Blake Tillery, R-Vidalia, previously told lawmakers
it was well past time to eliminate the state’s direct-action
law.
“In our state, right now, you can directly sue an insurance
carrier when it’s related to a common carrier. Most states
have done away with that provision. Georgia has not,”
Tillery testied.
The new rule largely eliminates the state’s direct-action
law. Exceptions to the truck driver rule apply to instances
when a trucking operation enters bankruptcy or the truck
company cannot be located.
Gooch said the issue was a priority to get signed into law.
In prepared remarks, he said he welcomed the “signicant
strides” that have been made to address the state’s
“litigation environment through tort reform initiatives, such
as the passage of legislation to limit direct-action lawsuits.”
Lt. Gov. Burt Jones also welcomed legislative action on
the topic.
“Once again, Gov. Evers has chosen trial
attorneys over small business.”
– Doug Morris, OOIDA director of state government aairs
Continued on
Page 36
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36 LAND LINE AUGUST/SEPTEMBER 2024
“With the passage of this bill, we are one
step closer to providing Georgia’s growing
business community the relief it needs,”
Jones stated.
Wisconsin
Louisiana is not the only state this year to
veto a lawsuit reform effort. Wisconsin Gov.
Tony Evers vetoed truck insurance reform
that was touted to counter nuclear verdicts.
The legislation, SB613, called for capping
the total amount of noneconomic damages,
such as pain-and-suffering, that a person
may recover from a trucking company. A
$1 million limit on noneconomic damages
would have applied to incidents with a truck
resulting in injury, death or other loss. The
bill did not limit direct damages, such as
medical expenses.
In written testimony, Sen. Cory Tomczyk,
R-Mosinee, wrote that the commercial
trucking industry has seen an increase in
large-scale litigation. He said his bill would
address a rising problem by placing a
reasonable cap on noneconomic damages.
Wisconsin Motor Carriers Association
President Neal Kedzie previously told
lawmakers the truck insurance legislation
was about setting reasonable limits to curb
the growing abuse of noneconomic damages.
Evers said he vetoed the bill for multiple
reasons. First, he said he objects to
“arbitrarily capping” noneconomic damages
in tort actions involving a motor carrier.
“A fundamental principle in our legal
system is that everyone is entitled to
remedies in the law for all injuries, and when
it comes to remedy, the law should redress a
party’s injury, not repress an injured party,”
Evers wrote.
The governor added that he was concerned
passing the bill would fundamentally violate
constitutional principles “as well as equal
protection guarantees and due process rights
under the United States and Wisconsin
constitutions.”
Doug Morris, OOIDA director of state
government affairs, said the lawsuit abuse
reform legislation was a commonsense bill.
“Once again, Gov. Evers has chosen trial
attorneys over small business,” Morris
said. LL
From
Page 35
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AUGUST/SEPTEMBER 2024 LAND LINE 37
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By Land Line sta
In July, the House Appropriations Committee advanced
a bill that includes several provisions of interest to those
in the trucking industry. Perhaps most notable, the bill
in its current form would prevent the Federal Motor
Carrier Safety Administration from moving forward with
its rulemaking to mandate speed limiters on commercial
motor vehicles.
On July 10, the committee approved the Fiscal Year
2025 Transportation, Housing and Urban Development
appropriations bill by a vote of 31-26. The bill, which
proposes spending limits and restrictions on the
Department of Transportation, now advances to the House
oor. As of press time, a vote was expected sometime this
fall.
“With both targeted investments and targeted cuts, the
Fiscal Year 2025 Transportation, Housing and Urban
Development Appropriations bill carefully allocates
resources to the most critical missions at DOT and HUD
while meeting our responsibility to rein in spending
with a reduction of $7 billion below Fiscal Year 2024,”
said THUD Subcommittee Chairman Steve Womack,
R-Ark. “The bill prioritizes the safety of all modes of
transportation from our railways to roads and airways. We
ensure a responsible safety net with housing support for
our most vulnerable citizens.”
Trucking provisions
The 210-page bill includes several provisions of interest to
truckers:
• Prohibition against FMCSA using funds to move
forward with a rulemaking to mandate speed-
limiting devices for commercial motor vehicles
• Allocation of $200 million for truck parking
projects
• Prohibition of enforcing the electronic logging
device mandate on agricultural haulers
• Prohibition on FMCSA’s attempts to alter rest
break preemption waivers
• Prohibition of driver-facing cameras being used
in an under-21 pilot program
• Prohibition of congestion pricing in the New York
City metro area
Concerning speed limiters, the appropriations bill
provides another opportunity for lawmakers to ght
FMCSA’s efforts to require the devices on trucks. A
standalone bill, the DRIVE Act, also would stop the
rulemaking. However, inclusion in a larger bill may have
a better chance at reaching the nish line. LL
Appropriation bill includes
several trucking provisions
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38 LAND LINE AUGUST/SEPTEMBER 2024
MICHELANGELOBOY/istockphoto.com
By Mark Schremmer Senior Editor
“Trucker Joe” is hauling
freight cross-country and
has a minor incident far from home
that leaves his tractor-trailer stuck
on the side of the road.
Local law enforcement wants
the tractor-trailer removed as soon
as possible, so ofcers turn to
their towing-rotation list. Because
removing the commercial motor
vehicle is a priority, the decision of
which company performs the tow
is out of Trucker Joe’s hands. He
cannot review the company’s rates
or negotiate prices.
The towing company next up on
the rotation could charge fair prices
for its services and have Trucker
Joe back on the road in a timely
manner. Or the towing company
chosen could charge twice the normal rate and hold the
equipment and cargo hostage until the bill is paid. It’s
like a spin on the roulette wheel.
While the above scenario is a hypothetical one,
it’s not unordinary. For years, the Owner-Operator
Independent Drivers Association has pushed back
against predatory third-party or nonconsensual towing
fees. OOIDA has cited cases where towing and
recovery fees have totaled more than $100,000 and has
fought back against members’ inated bills.
One inated bill could mean the end of a trucker’s
business.
Recently, the U.S. Department of Transportation and
the Federal Motor Carrier Safety Administration have
taken notice.
In June, FMCSA held a public meeting aimed at
improving transparency regarding third-party tows of
commercial motor vehicles.
Transportation Secretary Pete Buttigieg provided
opening remarks at the meeting and said that providing
protections to truckers in these situations is a priority.
“This department has been clear in our support
of protections against predatory towing junk fees.
Truckers often have to travel far from home to deliver
the goods that everyone depends on,” Buttigieg said.
“In the event that their truck gets towed, they may not
have any relationship or familiarity with the towing
company that moves their vehicle. Until they get that
vehicle back, their job and really their livelihood is
put on hold. Tow truck drivers also play an essential
role in keeping our roads safe by removing disabled
vehicles. But in some cases, some players in the towing
space recognize and exploit the vulnerability of these
situations. Of course, there are necessary and fair costs
associated with the towing of a commercial vehicle. But
some companies have seen an opportunity to charge
exorbitant fees.”
In November, the Federal Trade Commission
published a notice of proposed rulemaking that would
prohibit unfair or deceptive practices relating to fees for
goods and services.
“FMCSA believes FTC’s proposed regulation may
signicantly benet the agency’s regulated community,
specically as it relates to the predatory towing
practices that have a substantial nancial impact on
CMV owners and operators,” the agency wrote in a
recent notice.
Playing roulette
Under current conditions, a third-party tow can be a gamble
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AUGUST/SEPTEMBER 2024 LAND LINE 39
By Land Line sta
Predatory towing practices remain a major concern across
the trucking industry.
The OOIDA Foundation recently released a one-page
fact sheet detailing the Association’s efforts to push for
regulation as well as just how costly these practices can be.
“The towing and recovery industry is an essential
partner to trucking, as breakdowns and crashes can occur
at any time,” the Foundation one-pager says. “However,
conicts do arise between these two industries due to
differing objectives and priorities, which can lead to
miscommunication, disagreement and far too often,
predatory practices.”
OOIDA provided insight to the American Transportation
Research Institute as part of its analysis on the causes,
frequency and strategies for mitigating predatory towing
practices.
That report revealed nearly 30% of crash-related tows
included some form of predatory billing. The percentage
more than doubles to 66% with invoices of $30,000 or
more.
The Foundation noted those percentages represent only
predatory towing bills. Vehicle seizures without cause, cargo
release delays or fraudulent billing of extra hours are not
included, as they cannot be determined by invoices alone.
In a scenario where insurance covers towing and recovery
charges, excessive invoices often exceed the applicable
limits, which leaves carriers and drivers nancially
responsible for such costs.
By denition, predatory towing is any incident in which
a towing and recovery company egregiously overcharges
through either excessive costs or unnecessary additional
equipment, illegally seizes assets, damages assets by use of
improper equipment or illegitimately withholds the release
of a truck, trailer and/or cargo.
ATRI’s report showed the average total pre-tax bill for a
crash-related tow was $8,925.90, compared to an average
bill of $18,154.52 for tows identied as predatory.
Surveyed motor carriers cited excessive rates (83%) and
unwarranted additional service charges (82%) as the most
common and impactful forms of predatory towing.
Several states have taken steps to address unfair towing
practices this year.
Those initiatives largely focus on regulating exact rates for
different vehicle classes, setting protocols for when or how
different types of towing can occur and creating procedures
for complaints or reparations after a predatory towing
incident. LL
Brian Stansbury, DOT’s deputy counsel, said that
protecting experienced truck drivers from predatory
practices is a safety issue.
“This is a very challenging industry,” Stansbury
said. “I don’t have to tell anybody in this room how
hard it is to make a living as a truck driver … At
FMCSA, we want to be thoughtful about what we
can do to make this a more livable industry that will
encourage the safer drivers to stay in the industry.
Because when we keep safe drivers on the road, our
roads are safer.”
Doug Morris, OOIDA director of state government
affairs, urged FMCSA to take signicant action to
protect truck drivers from predatory towing fees.
“Let’s not just check a box and say we had another
meeting,” Morris said. “Let’s do something about it.”
Morris also stressed that there are many ethical
towing companies. The goal is to create protections
that will remove the bad actors from the industry.
“There are legitimate towers out there,” Morris said.
“We’ve worked with a lot of legitimate towers … All
drivers want is to be treated respectfully and fairly.”
Adding transparency to the fees or providing an
avenue for truckers to dispute what they believe to be
inated prices could be a good start.
However, many representatives of tow companies
have pushed back against efforts to regulate third-
party tows.
Bill Johnson, president of the Towing and Recovery
Association of America, took issue with the idea that
predatory towing fees are a widespread problem. In
addition, he emphasized how difcult tow work can
be. He mentioned that tow workers are on call 24
hours a day, 365 days a year.
As of press time, FMCSA planned to accept
comments regarding the transparency of towing fees
through Aug. 1. It is unclear how FMCSA plans to
address the issue, but the potential creation of a task
force was mentioned at the June meeting. LL
“Of course, there are necessary
and fair costs associated with
the towing of a commercial
vehicle. But some companies
have seen an opportunity to
charge exorbitant fees.”
– Pete Buttigieg, DOT secretary
Predatory towing
prevalent, report shows
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40 LAND LINE AUGUST/SEPTEMBER 2024
Mr. Perfectti/stock.adobe.com
By Tyson Fisher Associate Editor
With small-business trucking companies facing
mounting costs resulting from premature truck
emission standards, the Owner-Operator Independent
Drivers Association has thrown its hat into the ring in
efforts to quash the Environmental Protection Agency’s
new rule.
In June, OOIDA, the American Petroleum Institute,
the American Farm Bureau Federation and the National
Corn Growers Association led a petition for review
in a District of Columbia federal court of appeals. The
petition challenges the EPA’s “Greenhouse Gas Emissions
Standards for Heavy-Duty Vehicles – Phase 3” rule, which
was published in April.
Representing truckers, farmers and the oil and gas
industry, petitioners claim the EPA’s truck emission rule
“exceeds the agency’s statutory authority and is otherwise
arbitrary, capricious, an abuse of discretion and not in
accordance with law.” The petition asks the court to
declare the rule unlawful and to vacate it.
“Small-business truckers make up 96% of trucking
and could be regulated out of existence if the EPA’s
unworkable heavy-duty rule comes into effect,” OOIDA
President Todd Spencer said in a statement. “This rule
would devastate the reliability of America’s supply chain
and ultimately increase costs for consumers. Mom-
and-pop trucking businesses would be suffocated by
the sheer cost and operational challenges of effectively
mandating zero-emission trucks, but this administration
appears intent on forcing through its deluge of misguided
environmental mandates. As the voice of over 150,000
small-business truckers, we owe it to our members and
every small-business trucker in America to leave no stone
unturned in ghting these radical environmental policies.”
The EPA’s new truck emission standards require 25%
of new sleeper cab tractors to be zero-tailpipe-emission
trucks by 2032. Manufacturers can reach the requirement
through a variety of technologies. However, there is a
focus on battery-electric due largely to price and charging
infrastructure.
Other legal challenges
OOIDA’s petition for review is the third such petition
challenging the new truck emission standards.
In May, 24 states led by Nebraska Attorney General
Mike Hilgers led the rst petition. Hilgers and the
coalition of states also led a lawsuit challenging
California’s Advanced Clean Fleets on the same day.
“California and an unaccountable EPA are trying to
transform our national trucking industry and supply
chain infrastructure,” Hilgers said in a statement. “This
effort – coming at a time of heightened ination and with
an already-strained electrical grid – will devastate the
trucking and logistics industry, raise prices for customers
and impact untold number of jobs across Nebraska and
the country. Neither California nor the EPA has the
constitutional power to dictate these nationwide rules to
Americans.”
Soon after, the Western States Trucking Association,
along with the Construction Industry Air Quality
Coalition, led a second petition for review.
“EPA does not have the legal authority to require the
wholesale electrication of trucks and cars. The rules
are not only inconsistent with the Clean Air Act – they
are unconstitutional,” Ted Hadzi-Antich, a senior
attorney with Texas Public Policy Foundation, said in
a statement. “In promulgating the illegal rules, EPA
ignores the obvious fact that there is woefully insufcient
infrastructure in the nation to support the break-neck
pace set by EPA for switching from fossil fuels to
electricity. In the process, EPA restricts the freedom of
ordinary Americans to choose their preferred modes of
transportation. Congress never gave EPA that kind of
expansive authority over individual liberty.”
Numerous other organizations representing a variety of
industries also have led separate lawsuits challenging the
EPA’s truck emission rule, including:
• American Fuel & Petrochemical Manufacturers, joined
by a dozen energy producers, marketers, retailers,
machinists and consumer groups
Truckers ‘suocated’ by EPA rule
OOIDA fights against ‘unworkable’ truck emission
standards published this year
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AUGUST/SEPTEMBER 2024 LAND LINE 41
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• American Free Enterprise Chamber of Commerce,
joined by six state soybean associations
• Clean Fuels Alliance America
• The Transport Project
Congressional challenges
The three petitions for review came shortly after Republican
lawmakers introduced a resolution to undo the nal rule.
In May, Sens. Pete Ricketts, R-Neb., and Dan Sullivan,
R-Ark., along with Rep. John James, R-Mich., announced
the introduction of Congressional Review Act (CRA)
resolutions to invalidate the EPA’s latest rules setting
stricter emission standards for both heavy-duty trucks and
passenger vehicles.
During the news conference, the lawmakers referred
to the rules as an EV mandate and called the regulations
“delusional.” The Republican-led charge against the
emission standards claims the relatively high costs of
electric vehicles will “decimate” middle-class and lower-
income Americans while increasing reliance on China for
batteries. In a news release, James called the emission rules
“comply-or-die electric vehicle mandates.”
As of early July, the House CRA had more than 50
co-sponsors, all of whom are Republicans. The Senate
CRA had 44 co-sponsors, including one Independent,
West Virginia’s Joe Manchin. At the time the CRA was
introduced, Manchin was a registered Democrat.
The CRA is unlikely to succeed. A CRA resolution is an
oversight tool Congress can use to overturn agencies’ rules.
However, it requires passage in both chambers of Congress
and a signature from the president or a supermajority
in Congress to override a presidential veto. Since CRA
resolutions are typically partisan in nature, they rarely
survive.
Out of the more than 250 resolutions introduced between
1996 and 2022, only 20 have been successful – 16 of those
during former President Donald Trump’s rst year in ofce,
when Republicans controlled both the legislative and
executive branches. Currently, Republicans have only a slim
majority in the House.
With the CRA being mostly symbolic by putting Congress
members’ opposition to the truck-emission rule on the
record during an election year, the most likely path to
undoing the rule is in the courtroom. LL
Truckers ‘suocated’ by EPA rule “Mom-and-pop trucking businesses would be suocated
by the sheer cost and operational challenges of
eectively mandating zero-emission trucks …”
– Todd Spencer, OOIDA president
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42 LAND LINE AUGUST/SEPTEMBER 2024
By Tyson Fisher Associate Editor
In a matter of days, the U.S. Supreme
Court obliterated decades-old
standards for challenging certain federal
regulations, creating a situation where
existing regulations can end up on the
chopping block.
Those two decisions were the Loper
Bright Enterprises v. Raimondo and
Corner Post v. Board of Governors of
the Federal Reserve System cases. Loper
Bright reversed 40 years of precedent
– established by something called the
Chevron doctrine – that gave federal
agencies the power to interpret laws.
Corner Post redened a narrow six-year
window to challenge federal regulations.
Individually and taken together, the Supreme Court’s
rulings on the two cases have the potential to open the
oodgates to new challenges to regulations that have
already gone through the judicial wringer and came out
victorious.
Before going into the implications of the Supreme
Court’s decisions, let’s take a look at each case.
Chevron doctrine stamped out
Perhaps one of the most consequential Supreme Court
decisions during the latest term is the Loper Bright case
that erased how certain laws have been interpreted for
decades.
At the center of the Loper Bright case was the Chevron
doctrine. Since 1984, that precedent gave federal agencies
the power to interpret ambiguous laws granting them the
authority to enact regulations.
Not all regulations are the result of a detailed directive
from Congress. In some cases, federal agencies enact
regulations based on their interpretation of the controlling
law that gives them the authority to do so. The Chevron
doctrine established a two-step guide for federal courts to
follow in these cases:
Determine if Congress directly addressed
the issue at hand, and if so, whether the statute
was ambiguous. If the intent is clear, the
matter is resolved accordingly. If the intent is
ambiguous, then go to Step 2.
Determine if the agency’s interpretation is
permissible, i.e. rational or reasonable. If so, the
court must defer to the agency’s interpretation.
In 2014, the Supreme Court upheld the Environmental
Protection Agency’s regulation dealing with air pollution
that crosses state lines. Although Congress never explicitly
directed the EPA to address such pollution, the agency
interpreted broad language within the Clean Air Act to
include it. Relying on the Chevron doctrine, the high court
agreed and deferred to the EPA’s interpretation of the law.
Consequently, the merits of the arguments against the
regulation were never heard.
Now that the Chevron doctrine has been erased,
challenges to federal regulations that center on vague
statutes will be decided by judges, not agencies.
Those who supported the Chevron doctrine claimed
that agencies are the experts best equipped to decide
what Congress intended. For example, the EPA hires
and consults with people and entities who have expert
knowledge of environmental issues. Therefore, the EPA,
not some random judge, can better determine why a
regulation aligns with Congress’ intent.
Additionally, the pro-Chevron voices argued that
Congress sometimes writes laws that are intentionally
vague. It is impossible to predict the future. Consequently,
agencies are given broad authority to address certain issues
and to ll in the blanks as new information develops.
On the other hand, opponents argued that federal
agencies are politically motivated – i.e. the interpretations
Supreme Court v.
federal regulations
Certain regulations may be in jeopardy after a pair of SCOTUS decisions
Vitalii Vodolazskyi./stock.adobe.com; PeskyMonkey/stock.adobe.com
1
2
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AUGUST/SEPTEMBER 2024 LAND LINE 43
of a Democrat-led EPA will vary greatly from those of a
Republican-led EPA. To mitigate this problem, impartial
judges should settle regulatory disputes that are a matter of
law interpretation.
Resetting the clock
Previously, anyone harmed by a regulation had six years
from when the regulation was published to challenge it. Not
anymore.
According to federal law, certain challenges to federal
regulations had to be “led within six years after the right
of action rst accrues.” For decades, courts interpreted this
to mean the clock starts when a regulation is enacted. But
plaintiffs in the Corner Post case argued it should start when
a business rst suffers harm from the regulation, regardless
of when that occurs.
The case stems from a challenge to a 2011 federal
regulation governing debit card swipe fees charged to
merchants. Based on the statute of limitations, any challenge
to that regulation had to occur before 2017. However,
Corner Post, a truck stop, did not open for business until
2018. The company challenged the debit card fee regulation
in 2021, arguing that the six-year clock started when it was
rst harmed by the rule, not when it was published.
Advocates supporting the clock starting at the time of
enactment argued this gives businesses, industries and
society as a whole a level of nality and certainty. By having
a clear endpoint, affected parties of a regulation will know
to adjust accordingly. Without a clear deadline, the certainty
necessary for businesses to plan for the future goes out the
window.
Opponents argued that the narrow time limit deprives
new entities their day in court. Furthermore, someone may
not realize harm from a regulation until long after it was
enacted.
The Supreme Court sided with Corner Post. Consequently,
certain challenges to federal regulations now can be led
virtually whenever.
Fate of federal regulations
The above Supreme Court rulings sent shockwaves through
the legal and regulatory communities, setting the stage for a
“tsunami of lawsuits against agencies.”
Here is what the rulings will not do: automatically undo
any regulations.
During a House Oversight Committee hearing on July 10,
Rep. Lauren Boebert, R-Colo., grilled EPA Administrator
Michael Regan about regulations passed under the Chevron
doctrine. She erroneously claimed the recent Supreme Court
ruling deemed those rules unconstitutional and that they
therefore should be repealed.
Wrong.
However, the Supreme Court has opened the door for
challenges of regulations to be resurrected. When those
challenges are led, the court will no longer automatically
defer to the agency’s interpretation. Rather, a federal judge
will decide if a law authorizes the regulation in question
based on a litany of factors, which may include an agency’s
interpretation.
Simply put, regulations that have successfully passed the
Chevron hurdle can be challenged again. That may or may
not result in a different outcome. Results likely will vary.
In the meantime, all existing Chevron-approved regulations
are considered constitutional until a federal judge rules
otherwise. Chief Justice John Roberts explicitly stated that
in the majority opinion.
Due to the Corner Post decision, there could be a rush of
challenges to regulations that previously were off-limits
due to the six-year statute of limitations. In theory, anyone
could start a business with the sole intent to start the clock
on a challenge of an old rule. Again, this doesn’t guarantee a
reversal, as courts may end up reaching the same conclusion
– just through a different avenue.
The two Supreme Court decisions combined likely will
overwhelm the federal district court dockets with fresh
challenges to old rules. Justice Ketanji Brown Jackson
warned just that in her Corner Post dissent.
“At the end of a momentous term, this much is clear:
The tsunami of lawsuits against agencies that the court’s
holdings in this case and Loper Bright have authorized
has the potential to devastate the functioning of the federal
government,” Jackson wrote.
In the meantime, the Loper Bright decision may force
Congress to write clearer laws. At the very least, federal
agencies will need to be more careful in how they justify
regulations.
In the short term, new challenges will arise. What the
long-term implications will be is up in the air. Some rules
may be overturned. Others may be afrmed.
The wheels of justice turn ever so slowly. It likely will
be several years before the effects of the new regulatory
landscape are realized. LL
The Supreme Court rulings sent
shockwaves through the legal and
regulatory communities, setting the stage
for a “tsunami of lawsuits against agencies.”
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44 LAND LINE AUGUST/SEPTEMBER 2024
Parking
Zone
By Tyson Fisher Associate Editor
As the federal government makes small dents in the
nationwide truck parking crisis, state and local
governments continue to either help solve the issue or
exacerbate it.
In July, a House committee advanced the 2025
Transportation, Housing and Urban Development
appropriations bill, which included $200 million for truck
parking projects. What is considered a “truck parking
project” was not clear as of press time in early July.
Regardless of how that money can be spent, it is still up
to local and state governments to address truck parking and
tap into that funding. Below is a look at what some cities
and states are doing about their parking situation.
Georgia town approves
truck parking facility
The Conyers, Ga., city council gave the green light to a
truck parking facility earlier this year, according to The
Rockdale Citizen. However, some do not expect the
facility to stop illegal parking.
The facility will include 49 truck parking spaces – for a
fee. In addition, the facility was granted approval under the
condition to prohibit sleeping in trucks. The lone dissenter
on the council noted there are plenty of parking areas along
Interstate 20. Furthermore, truckers have no incentive to
stop parking illegally if the available parking costs money.
For the most part, the facility is designed for local truckers
who cannot park their truck at home.
Alabama adding a few more
truck parking spots
The Alabama Department of Transportation is updating
the rest area off Interstate 65 southbound near Greenville.
In addition to a brand new building, the project also will
add ve more truck parking spots to the rest area. Plans to
upgrade the northbound rest area are still being nalized as
ALDOT secures funding.
Truck parking facility coming
to Broward County, Fla.
Just a little farther south in Florida, a company called
Industrial Outdoor Ventures started construction of a new
warehouse and storage facility.
Located south of Interstate 595 between the
Florida Turnpike and state Route 7, the site includes
a 184,957-square-foot distribution warehouse, a
42,000-square-foot service building, 115 truck parking
spaces and nearly 13 acres of outdoor storage or trailer
parking, according to the South Florida Business Journal.
Like the Conyers facility, this facility likely will be for
reserved, paid parking.
Parking company pounces
on new city ordinance
In the June issue of Land Line, a story featured a lawsuit
led by truckers who live in The Acreage, Fla., challenging
an ordinance banning residential truck parking. It didn’t
take long for the private sector to seize the opportunity.
According to CBS12 News, Discount Truck Parking
is planning on building a facility just a few miles south
of The Acreage. Plans call for 200 truck parking spaces.
Going from free parking at home to paid parking 12 miles
away from home isn’t the solution local truckers are
looking for, but it may be the only one they get.
Indiana adds several more parking spots
Meanwhile in Indiana, the state Department of
Transportation is updating the two rest areas along
Interstate 65 in Bartholomew County.
Truck parking at the southbound rest area will increase
by 31 spaces. The northbound rest area will include 38
additional parking spaces. According to The Republic,
the rest areas are being converted into truck-parking-only
facilities. The southbound rest area averages 100 trucks
daily between 10 p.m. and 8 a.m.
Nevada includes truck parking
in larger project
The Nevada Department of Transportation has plans
to widen Interstate 80 just east of Sparks. Currently at
four lanes, the project proposes a total of six lanes. In
More money, less problems
Private and public sector investments chip away at truck parking crisis
KirKam/stock.adobe.com
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AUGUST/SEPTEMBER 2024 LAND LINE 45
addition to widening the interstate, the project also calls
for updating the interchanges. That includes adding
between 25 and 50 truck parking spaces. The widening
and additional parking comes as NDOT expects signicant
increases in trafc, including commercial vehicles, in the
future.
Iowa plans modest increase
in truck parking
Iowa’s Department of Transportation is also including
truck parking in some of its plans.
According the 2025-29 Iowa Transportation
Improvement Program that was nalized in June, the state’s
Highway Program will receive a few billion dollars over
the next ve years. Included in the program is the addition
of 50 truck parking spots. That’s not a lot. Fortunately,
Iowa is not one of the states with a severe parking shortage.
Staten Island strongly enforcing
truck parking ban
The New York Police Department is not screwing around
when it comes to truck parking in Staten Island.
In April, the NYPD conducted an enforcement blitz that
led to boots on seven trucks and to three summonses. Two
months later, the NYPD towed 11 commercial vehicles and
issued 11 summonses.
Truck parking on residential streets in New York City is
illegal from 9 p.m. to 5 a.m. In 2022, Mayor Eric Adams
directed the NYPD to conduct Operation Heavy Duty,
which targets illegal truck parking.
Texas town subdivision files
lawsuit to stop truck stop
RaceTrac already has begun construction of a new truck
stop in Lufkin, Texas, but the neighboring subdivision is
trying to stop it.
According to KTRE, attorneys representing Crown
Colony have led a lawsuit and temporary restraining order
against RaceTrac. The lawsuit claims the truck stop does
not comply with deed restrictions and ignores local, state
and federal laws. RaceTrac was granted approval to build
the truck stop by the city.
As of early July, the fate of the RaceTrac location in
Lufkin is up in the air. If it is able to clear legal hurdles, the
truck stop will include an 8,000-square-foot facility and
“multiple parking stalls” for trucks. LL
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46 LAND LINE AUGUST/SEPTEMBER 2024
By Erin Wisdom-Watson Copy Editor
A
nne-Marie Michel had no ties to trucking, but that
didn’t keep her from developing a deep appreciation
for women who do.
This appreciation had its start in a side project the London-
based photographer undertook somewhat on a whim. Her
work with fashion and celebrities having a decidedly shiny
aesthetic, she found herself desiring a different kind of
creative outlet – and inspiration spoke loud and clear.
“I just decided one day, ‘I fancy going on an adventure and
meeting some trucker women and shooting some portraits,’”
Michel told Land Line Now.
This was what took her to an Orlando truck stop in 2017.
She sat there for three days, waiting for a woman to enter.
Finally, she spotted one exiting and went after her in the
parking lot, gesturing wildly in an attempt to get her attention.
“And of course, she kind of looked at me like the crazy
woman I was, waving my arms around in a truck parking lot,”
Michel said.
Thus, that rst attempt at meeting women in the industry
was a bust. But rather than giving up, Michel simply modied
her approach. She sought connections through people she
knew and found that a childhood friend of her sister worked
for a trucking company and happened to know a female
trucker in Ohio.
After photographing that trucker and starting to accrue a
street cred of sorts, things snowballed – opening doors for her
to shoot other portraits over the next year and also bringing
about a surprise: Michel found the women she photographed
had richer stories and were more open about their lives than
she’d expected.
‘Glossy
meets
gritty’
Fashion photographer finds
a passion for documenting
female truck drivers
When I can’t drive I d’t want
to ist anyme.
I have to pre myself,
evyday.
It’s definitely not an easy life.
Photos courtesy of Anne-Marie Michel
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AUGUST/SEPTEMBER 2024 LAND LINE 47
“I thought I was going to have, like, ‘OK, you can take
my picture. And I’ll maybe tell you what my favorite
truck stop food is,’ or something,” she said. “But they just
brought me in. I sat in trucks with people, and they told me
their life stories. And I told them my life story back. We
had this kind of true communication, and it was different
and beautiful. And I became a part of this community of
women.”
That was just the beginning. While she initially hadn’t
planned to put this passion project out into the world,
Michel ultimately was inspired to display the photos. Her
rst “Sisters of the Road” exhibit took place in London in
2019, and from there, her portraits traveled elsewhere in
the United Kingdom, as well as to Germany, Italy, Spain
and Australia.
“I was just like, ‘I can’t just let this sit here and be
just for me; I have to share it with the world,’” she said.
“Because the world needs to hear these women, their
voices.”
Both the women and their words now live in a “Sisters
of the Road” photobook that was published in 2022. In it
are portraits of 40 truckers, captured in the landscapes they
travel and showcased alongside statements such as “It’s
denitely not an easy life” and “When I can’t drive I don’t
want to exist anymore.”
In terms of the feedback she’s received, Michel noted that
people have described the work as “glossy meets gritty,”
with her fashion style of photography seeping into this
documentary form. She’s also received a number of awards
for this project – but even with all this recognition and her
“I just decided one day, ‘I fancy
going on an adventure and
meeting some trucker women
and shooting some portraits.’”
– Anne-Marie Michel, “Sisters of the Road” photographer
“Sisters of the Road” photographer Anne-Marie Michel poses in
front of the project’s tour truck.
Holly Brown stands with her image in the “Sisters of the Road”
mobile gallery.
Debbie Dingo, driver of the “Sisters of the Road” tour truck,
sits in back with the photobook.
Continued on Page 48
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48 LAND LINE AUGUST/SEPTEMBER 2024
widespread exhibits, she knew from the prompting of her U.S.-
based photo subjects that the journey was far from complete.
“I see this as half being their work, as well. It’s not just mine;
it’s very much theirs,” she said. “When I asked them what they
wanted out of this, they said, ‘It has to come back into our
world.’”
So Michel made plans for bringing the work back to its roots in
America – which was a full-circle experience for her in terms not
only of this project but also of her own origin story. She noted
that the spirit evident in the truckers she photographed was one
she rst saw in her own mother – who, nding herself divorced
and needing employment after 18 years not working, put her four
daughters in a Trans-Aire van and moved from Houston to Ohio.
“And we just rebirthed our lives in kind of a true American
Dream fashion,” Michel said, adding that although she’s lived in
England for two decades now, what she experienced during her
formative years in the U.S. made it the obvious place to focus
her project. “It’s very much rooted in America and the American
Dream, the way that you can particularly here … rebuild, rebirth
everything yourself if you have this vision and maybe the
gumption to do it. … And for me, that’s very much why I had to
do it here. It’s just a part of the story; I couldn’t do it anywhere
else.”
“Sisters of the Road” came home to America earlier this year,
launching in San Francisco at the beginning of March, which
happens to be Women’s History Month. And something else that
made its tour here special was that it appropriately took place in
a truck provided by Uber Freight, with the photos showcased in
the trailer and one of the featured truckers driving them across
the country.
“This is the tying-together of the ultimate artistic outcome for
me,” Michel said. “This is trucker women in the back of a truck.”
From San Francisco, the mobile gallery traveled to an
international photography festival in Houston and then to the
TA in Little Rock, Ark., dedicated to Idella Hansen, one of the
“Sisters of the Road” truckers. After that, it moved on to its
Some of the “Sisters of the Road” women stand with Uber
Freight sta in front of the project’s tour truck at the Mid-
America Trucking Show. From Page 47
A “Sisters of the Road” trucker who goes by Ms. M poses in a
shirt that displays her portrait and quote from the book.
Photos courtesy of Anne-Marie Michel
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AUGUST/SEPTEMBER 2024 LAND LINE 49
grand nale at the Mid-America Trucking Show in Louisville,
Ky., where a number of the featured women gathered and
greeted visitors outside the trailer.
Inside, showcased in an area built to appear like a high-end art
gallery, were eight 48-inch ChromaLuxe prints on metal.
“I thought it was really important that these women … who
drive these huge metal rigs are actually immortalized on these
huge metal prints,” Michel said.
She added that the trailer also had a TV showing some of the
women telling their stories, as well as an account of the journey
“Sisters of the Road” has taken thus far. Music by trucker and
singer/songwriter Bill Weaver contributed to the immersive art
experience, too – and with how well it all was received at MATS
and elsewhere, Michel noted that this nale might not actually be
the end.
“We are considering doing a ‘part two’ and traveling a bit more
with the mobile gallery,” she said.
Regardless of what happens with the gallery going forward,
Michel has found that professionally, she can’t go back. While
she approached this portrait project with an aim to bring the
sensibilities of fashion photography to the world of trucking, the
women she encountered left just as great an impression on her.
“With these trucker women, there was no facade. There was
just this beautiful, raw truth. And I loved it,” she said. “I’m not
shooting fashion right now … because I kind of feel like I can’t
go back to it.”
And she hopes that in return, the women she photographed
experienced something just as powerful.
“I hope they feel elevated, that they feel celebrated,
acknowledged,” Michel said. “I hope they feel proud.”
To see more about “Sisters of the Road,” visit its website at
SistersOfTheRoad.com or watch Land Line Now’s full interview
with Michel on the Land Line Media YouTube page. LL
Land Line Now’s Ashley Blackford contributed to this report.
Carol Nixon stands with her image in the “Sisters of the Road”
mobile gallery.
Debbie Dingo stands with her image in the “Sisters of the
Road” mobile gallery.
Janelle Grapes greets visitors to the “Sisters of the Road”
mobile gallery at the Mid-America Trucking Show.
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50 LAND LINE AUGUST/SEPTEMBER 2024
FUEL
By Tyson Fisher Associate Editor
A Kentucky trucking company recently reached a
settlement in a lawsuit led by truckers claiming they
never received overtime pay despite not being qualied
for the federal overtime exemption carved out for
truckers.
Truck drivers for Beechmont, Ky.-based Clay’s
Trucking have agreed to “an amicable resolution”
with the company in a class-action lawsuit pursuing
unpaid overtime wages. The dispute revolves around
an intrastate operation
that invoked a federal
exemption from
overtime pay reserved
for interstate commerce.
The federal Fair Labor
Standards Act requires
employers to pay
employees no less than
time and one-half their
regular pay rate for all
time worked beyond 40
hours in a workweek.
But the Motor Carrier
Act exempts employees who fall within the jurisdiction
of the U.S. Department of Transportation, including
truckers who drive interstate.
However, Clay’s Trucking was an intrastate-only motor
carrier. Its employees therefore did not qualify for the
overtime pay exemption.
Although Clay’s Trucking is not federally required
to register with the U.S. DOT, Kentucky state law
does require intrastate carriers to obtain a U.S. DOT
number. In its MCS-150 form, the trucking company
only checked “Intrastate Non-Hazmat Carrier” when
representing its operations. A screenshot from the Federal
Motor Carrier Safety Administration’s Safety and Fitness
Electronic Records (SAFER) from February 2022 reveals
the trucking company was not registered for interstate
operations.
Even if Clay’s Trucking could engage in interstate
commerce, thereby exempting drivers from overtime pay,
the lead plaintiff in the case and other truckers could not.
The truckers’ medical cards cleared them only for
intrastate-only driving. Furthermore, Clay’s Trucking did
not have insurance that provided coverage for interstate
commerce.
On the other hand, the owner of Clay’s Trucking also
owned two sister companies that were authorized to
drive interstate: DC Trucking and DC Transport. All jobs
that involved interstate commerce were directed to those
companies, while Clay’s Trucking dealt exclusively with
intrastate trucking.
The Motor Carrier Act’s overtime pay exemption
applies to any employee that could “reasonably have
been expected to make an interstate journey or could
have worked on the motor vehicle in such a way as to be
safety-affecting.” Considering that 1) Clay’s Trucking
was never authorized for interstate travel and 2) Truckers
never had medical clearance for interstate travel and 3)
All interstate work went to the two sister companies,
Clay’s Trucking drivers could never expect to engage in
interstate commerce.
Per-ton pay rate
Calculating overtime pay is a bit more complicated in
this case, as truckers were not paid a salary or hourly
wage.
Rather, truck drivers received a percentage of the
total amount paid for each load to Clay’s Trucking. The
trucking company charged customers at a per-ton rate.
Therefore, truckers’ pay was determined at a per-ton rate.
The truckers argued in their lawsuit that they should
have been paid a higher per-ton rate for deliveries when
working more than 40 hours per week. How the overtime
pay dispute is being solved is unknown. Terms of the
settlement have not been disclosed. Attorneys for both
parties could not be reached for comment.
The lawsuit was led in December 2020. As recently
as February 2022, SAFER showed Clay’s Trucking as an
intrastate-only carrier. The company has since changed
its operation status to interstate, with its latest MCS-150
form led in March 2023.
GOT Truckers Act
The issue of overtime pay for truckers is on the radar of
some Congress members who nd the exemption that
was established nearly 90 years ago is outdated.
The Guaranteeing Overtime for Truckers Act, also
known as the GOT Truckers Act, is currently being
considered in the House and Senate. The one-sentence
bill simply eliminates the overtime pay exemption for
truckers from the Fair Labor Standards Act.
The Owner-Operator Independent Drivers Association,
which represents the rights of truck drivers, supports
the bill and is encouraging its approximately 150,000
members to contact their lawmakers.
Go to OOIDA’s Fighting For Truckers website for an
easy way to contact your lawmaker. LL
Truckers’ overtime dispute involves
use of federal exemption
However, Clay’s
Trucking was an
intrastate-only
motor carrier.
Its employees
therefore did
not qualify for
the overtime pay
exemption.
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AUGUST/SEPTEMBER 2024 LAND LINE 51
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AUGUST/SEPTEMBER 2024 LAND LINE 51
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52 LAND LINE AUGUST/SEPTEMBER 2024
PARTS & EQUIPMENT
4 State Trucks oers OOIDA members special
pricing on all new parts. A 12-month Road Boss
membership is now available to members for free
and includes free parcel shipping, cash back on
every purchase, 33% o all Chrome Shop Mafia
logo merchandise and more.
Centramatic oers OOIDA members a
15% discount plus prepaid freight in
the U.S. on its onboard wheel balancers. The
balancers increase tire life, reduce maintenance
costs and increase fuel economy.
Donvel oers OOIDA members a $50 discount
on steer axle stabilizers. The stabilizers turn air
springs into a powerful source of ride control for
the front end of the truck for greater ride safety
and stability, less pain and fatigue and longer
shock absorber life and tire wear.
W.W. Williams oers OOIDA members 10% o
labor. W.W. Williams provides mechanical service
and repair, power generation, and warehousing
and logistics at locations nationwide.
GRILLE GUARD USA
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the
lighting
52 LAND LINE AUGUST/SEPTEMBER 2024
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AUGUST/SEPTEMBER 2024 LAND LINE 53
TRUCK & TRAILER
PrePass oers OOIDA members a monthly
rate of $14.90 per truck, plus a free trial. The
automatic vehicle identification system enables
participating commercial vehicles to be prescreened
at designated weigh stations and bypass the facility.
SERVICES
Back Taxes Help offers OOIDA members
25% off all services. Back Taxes Help
has been assisting individuals, businesses,
independent contractors and truckers with
major tax problems since 2007.
Tax Help MD offers OOIDA members 25% off tax
preparation and resolution services and $300 off
tax investigation. Tax Help MD tax attorneys, CPAs
and enrolled agents are licensed by the U.S. Treasury
Department and specialize in the trucking industry.
Taxation Solutions oers OOIDA members a $650
discount on transcript analysis for Trucker Tax
Relief and IRS representation provided by a team of
tax attorneys, enrolled agents and CPAs.
Todd D. Knapp, CPA, PC, oers OOIDA members
a 10% discount on professional accounting
and tax preparation services, including back
taxes and tax-debt resolution, corporate and LLC
formations, bookkeeping and more.
Trucker Tax Tools oers OOIDA members a 50%
discount on truckers’ bookkeeping setup fees and
10% o new bookkeeping. Trucker Tax Tools helps
eliminate confusion and expedite the bookkeeping
process, allowing you to focus on the road.
Kenworth oers OOIDA members a $1,000 rebate on T680, T880
and W990 models with a 52-inch or larger factory-installed sleeper.
Both new stock and special order vehicles qualify. Orders must retail
between May 14 and Dec. 31, 2024, and the rebate form must be
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DISCOUNT
AUGUST/SEPTEMBER 2024 LAND LINE 53
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54 LAND LINE AUGUST/SEPTEMBER 2024
ELECTRONICS
HEALTH & WELLNESS
LOADBOARD,
SOFTWARE & APPS
AERODYNAMICS
TRAVEL
OTHER
OOIDA’s Permits and Licensing
Department
is giving truck owners a
heads-up: It’s time to pay your federal
highway use tax for heavy vehicles. It’s that
$550 fee you pay each year when you file
an IRS Form 2290.
The tax period runs July 1 to June 30
each year. For trucks and other taxable
vehicles in use during July, the Form 2290 and payment are
due on Aug. 31. State governments require proof of payment as
a condition of vehicle registration.
Fleets with 25 or more vehicles must pay online with the
IRS. Smaller fleets still have the option of paying by mailed
check or money order or online. You must have an employer
identification number to e-file.
The OOIDA Permits and Licensing Department can assist
members with filing Form 2290. Forms must be received by
Aug. 23 to ensure filing on time. LL
Safe Driving
H Awards H
MEMBER YEARS
Stephen T. Lyons ..................... 44
Willie S. Beals
............................ 35
Michael Eugene Zanella
.... 33
Lawrence L. Gerhart
..............29
Michael Ian MacPherson ...28
Leonard Johnson
.....................24
Shawn Kirscht
............................22
Christopher A. Winter
.......... 20
Congratulations to
all our safe drivers!
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time
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54 LAND LINE AUGUST/SEPTEMBER 2024
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AUGUST/SEPTEMBER 2024 LAND LINE 55
By Tyson Fisher Associate Editor
A California farm labor contractor is being accused of
hiring Mexican truckers and misclassifying them to pay
lower wages.
Four Mexican truck drivers led a federal class-action
lawsuit against Fresh Harvest, Farm Labor Association
for Growers and SMD Logistics,
claiming the companies failed to pay
them the prevailing wage required
per their H-2A employment contracts.
H-2A visas are for agricultural workers,
whereas trucking jobs fall under the
H-2B program.
According to the lawsuit, Fresh
Harvest and the Farm Labor Association
for Growers petitioned for H-2A visas
for the 2020-2023 seasons. Applicants
for the jobs were required to obtain a Mexican
international CDL, including medical exams and
training, at their own cost. As a condition of employment
in the U.S., the truck drivers were required to work for
Fresh Harvest’s operations in Mexico.
Once hired under the H-2A visa program, the workers
were required to transport cargo for Fresh Harvest and
SMD Logistics in Arizona, California and Colorado.
Despite executing trucking operations, the Mexican
drivers were never paid the prevailing wage for truckers.
The companies did hire domestic truckers, whose
paystubs listed their primary activity as “hauling
commodity” or “trucking.” However, there was a
separate payroll entry for H-2A workers driving trucks,
including a lower hourly rate than domestic truckers. Per
the contract, the Mexican workers were supposed to be
paid the same rate as domestic workers performing the
same job.
In February 2020, the Department of Labor informed
Fresh Harvest that it could not employ truck drivers at
agricultural H-2A rates.
In March 2020, the Farm Labor Association for
Growers was established using the same address as Fresh
Harvest. According to the complaint, Fresh Harvest
would tell prospective clients that the association
member agreement was a “mere formality in order to
apply for truck drivers through an authorized entity and
through the H-2A contract.”
Truckers claim in their lawsuit that there were no
actual members of the Farm Labor Association for
Growers. Rather, Fresh Harvest’s clients were labeled as
members whenever they wanted truck drivers at H-2A
wages rather than the higher H-2B wages.
SMD Logistics is described as the trucking arm of
Fresh Harvest. Mexican workers hired by Fresh Harvest
and the Farm Labor Association for Growers under the
H-2A program worked as truck drivers
for SMD Logistics. However, SMD
Logistics did not directly employ the
H-2A drivers.
Despite performing work for SMD
Logistics, Mexican workers were
required to complete timesheets
and logbooks for Fresh Harvest and
Farm Labor Association for Growers.
Paystubs did not come from SMD
Logistics, and the trucking company
was able to hire and re H-2A employees of Fresh
Harvest and Farm Labor Association for Growers.
SMD Logistics and Fresh Harvest are owned by the
Scaroni Family of Companies, according to its website.
The lawsuit claims the association is entirely run and
operated by members of the Scaroni family.
“Defendants knew that the work was non-agricultural
in nature for H-2A purposes, because defendants Fresh
Harvest, Farm Labor Association and SMD Logistics
were not growers of the crops transported, because
there was no actual agricultural association and because
the U.S. Department of Labor had so informed these
defendants that the positions did not qualify for payment
of H-2A eld worker wages,” the lawsuit states.
In addition to unlawfully lower wages, the truckers
also claim they were denied meal and rest breaks but
were instructed to report in their timesheets the breaks
were taken.
Additionally, plaintiffs claim the companies retaliated
against workers who complained about not being paid
for time worked. In a meeting with H-2A drivers,
defendants told the workers “that drivers were causing
problems and that there would be no work in the coming
season because of the problems.” In private meetings,
drivers were told to drop their claims or there would be
no work for them.
The lawsuit claims the companies violated 10 different
federal and state wage and employment laws against
more than 40 Mexican truck drivers. LL
Wage dispute
Mexican truckers intentionally misclassified, lawsuit claims
Truckers claim in
their lawsuit that
there were no actual
members of the Farm
Labor Association
for Growers.
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56 LAND LINE AUGUST/SEPTEMBER 2024
By SJ Munoz Sta Writer
L
ife is often a challenging
journey.
OOIDA life member Tim
Guest can attest to that. His
challenges included an alcohol
addiction he said led him
directly to homelessness.
But there’s a happy ending to
this story, with Guest denoting
faith in God and a career in
trucking as integral in turning
his life around.
Guest was a sales manager for the Harley
Davidson dealership in Moore, Okla., and appeared
to have his life in order. Gainfully employed.
Happily married. Except that was only the macro
view.
“I had everything I ever wanted, and I stopped
being able to enjoy it,” he said. “I was drinking
quite a bit. A series of things happened over the
course of a few years. I got divorced, resigned from
my position and couldn’t really nd another job. I
ended up homeless, and once I was actually living
on the street was when I got sober.”
Guest said he started to attend church at this point
and then came to some profound realizations.
“I knew that something was happening that was
greater than me,” he said. “When I nally lost
every single thing that I had material-wise was
really almost the most freeing thing that has ever
happened to me. When I stopped having to worry
about my stuff or payments, anything like that.
God had given me anything that I had ever had,
and I didn’t do very well with it. I had accepted my
circumstances and just kept moving forward.”
The challenges continued for Guest in the form of
criminal charges.
“I was supposed to go to prison and decided to go
turn myself in,” he said. “While I was about to sign
my paperwork to serve ve years, there was a guy
there from the Veterans Affairs that offered me the
opportunity to join a diversion program and make
that felony go away.”
Guest had some reservations about joining the
program and not wanting to “be part of the system.”
He just wanted a job.
Ultimately, Guest decided the veterans
diversion program was the way to go, given his
circumstances.
“One of the options was to get my CDL,” Guest
said. “That seemed to be the fastest way for me to
get back on track. I started working as a team driver
and then eventually by myself. I was still going to
church and reading the Bible, and trucking gave me
a chance where I could spend a lot of time reading
and getting to know God.”
Keeping the faith
OOIDA life
member credits
trucking for
overcoming
homelessness
OOIDA life member Tim Guest said that trucking has helped him stay sober for
more than 12 years.
Photo by Marty Ellis
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AUGUST/SEPTEMBER 2024 LAND LINE 57
“I had everything I ever wanted,
and I stopped being able to
enjoy it.” – Tim Guest, OOIDA life member
However, challenges remained for Guest, and this
time they were nancial. He said at one point, he was
about $250,000 in debt and ve years behind on his
child support.
“I just didn’t see a way out of it,” he said. “I decided
to do a lease-purchase because it was something
I thought I could do without having to get a loan.
Over the course of three years, all I did was pay back
everybody that I owed money to, and I was able to
get my credit straightened out. I lived in my truck and
saved my money. I gured it’s better to have money
and not need it than to need it and not have it.”
Using those savings to help others is now
commonplace for Guest.
“I didn’t know what sharing was,” he said. “If I
loaned you $20, you better be paying me back pretty
quick. Now, if it’s something someone needs, you just
try and help them out. The more I do that, it actually
keeps me from needing help from other people.”
Guest also credits OOIDA for helping him keep his
business affairs in order.
“When I paid my truck off, I called OOIDA for
help with the legal stuff,” he said. “Every time I had
a question, I would be routed to the person who could
actually help me. It blew me away. These people were
helping me, and I hadn’t even joined yet. I thought,
that’s an organization I should get behind, and that was
when I became a life member.”
The nancial rewards notwithstanding, Guest noted
trucking also has helped him stay sober for more than
12 years now.
“It’s really cool the life trucking has given me,” he
said. LL
Land Line Now Senior Correspondent Ashley
Blackford contributed to this report.
Completing your life
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58 LAND LINE AUGUST/SEPTEMBER 2024
By Ryan Witkowski Sta Writer
Truckers are a big-hearted
bunch. Their continued
support of Special Olympians
through annual truck convoys is
just one example of this generosity.
Started in 1981, the Law
Enforcement Torch Run was
intended as a way for members
of law enforcement to help raise
awareness and funds for the
Special Olympics movement.
Since its inception, the annual
event has raised over $600 million
for Special Olympics programs
across North America.
Now, over 40 years later,
numerous fundraising events
support the LETR, including
annual convoys held in 24 states
and four Canadian provinces.
Those convoys have raised
hundreds of thousands of dollars to
support Special Olympians in their
local communities. Below is a list
of upcoming convoys.
SOUTH CAROLINA
The annual convoy is scheduled
for Aug. 24 at the South Carolina
Fairgrounds in Columbia, S.C. The
event will kick off at 9 a.m., with
police escorts leading the group
of trucks along the convoy route.
Upon returning to the fairgrounds,
a celebration lunch and awards
ceremony will be held to recognize
the participants.
ILLINOIS
The Land of Lincoln hosts three
separate truck convoys:
• Homan Estates Convoy
8:30 a.m. Aug. 24
• Troy Convoy
2:30 p.m. Sept. 21
• Tinley Park Convoy
9 a.m. Oct. 12
All proceeds from the convoys
benet Special Olympics Illinois,
which organizers said provides
year-round training for over 55,000
athletes, coaches and volunteers.
PRINCE EDWARD ISLAND,
CANADA
It’s not just truckers in the United
States who convoy for a good
cause. Truckers in Canada also
are getting in on the action. This
eighth annual truck convoy will
be held on Aug. 25 at Prince
Edward Island National Park in
Charlottetown.
WISCONSIN
Now in its 20th year, the annual
Truck Convoy for Special
Olympics Wisconsin will be
held on Sept. 14 in Fond du Lac.
Organizers hope to build on the
success of last year’s event, which
saw 92 trucks participate and
raised nearly $90,000 for local
athletes.
SOUTH DAKOTA
Started in 2003, the annual two-
day event has raised over $729,000
in support of Special Olympics,
with 1,971 trucks participating
over the years. This year’s convoy
will be held Sept. 20-21 at the
W.H. Lyon Fairgrounds in Sioux
Falls.
For 2024, the convoy will follow
a new route. Organizers said the
event had “outgrown” the old
route, but they were optimistic the
new one will equal “more trucks
and more money raised for our
athletes.”
IOWA
Truckers in the Hawkeye State
will show their support for
Helping the cause
Photo courtesy of Minnesota Special Olympics
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AUGUST/SEPTEMBER 2024 LAND LINE 59
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Special Olympics with a convoy on
Sept. 21 in West Des Moines. The
20-mile route begins on Veterans
Parkway and ends at the Iowa State
Fairgrounds. A lunch and awards
celebration will be held afterward for
truckers participating in the event.
NOVA SCOTIA, CANADA
Drivers in Nova Scotia had plenty
to brag about in 2023. Last year’s
truck convoy was the No. 1 in North
America in terms of funds raised and
number of trucks participating. With
225 trucks driving along the convoy
route, the event raised over $150,000
to support Special Olympians and
volunteers.
Now in its 13th year, the province
will host the annual event on Sept.
21 in Dartmouth. Organizers hope to
raise $75,000 for Special Olympics.
MINNESOTA
In 2023, the Minnesota convoy raised
over $20,000 for the local chapter of
the Special Olympics. Now entering
its 20th anniversary year, the annual
two-day event looks to build on that
past success.
This year’s event is planned for
Oct. 4-5 at Running Aces Casino in
Columbus. The convoy is open to
big trucks as well as cars, trucks and
motorcycles.
Drivers are encouraged to register
early to participate in the events.
Entry fees for each convoy vary by
state, with all proceeds beneting
local chapters. LL
Annual truck
convoys raise
funds and
awareness for
Special Olympics
YOUR NEWS.YOUR WAY.
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2_ AugSept 2024.indd 592_ AugSept 2024.indd 59 7/18/24 10:06 AM7/18/24 10:06 AM
60 LAND LINE AUGUST/SEPTEMBER 2024
By SJ Munoz Sta Writer
The Guilty By Association Truck Show will
continue as a biennial event, next scheduled for
Sept. 25-27, 2025 at 4 State Trucks in Joplin, Mo.
“GBATS 2025 promises to be a rip-roaring good
time for all truckers and truck lovers,” said Bryan
“Boss Man” Martin of 4 State Trucks. “Where
else can you get 750-plus trucks in one location,
along with nightly motorsports, top-name concerts,
reworks, attractions and food trucks?”
As part of the event in 2023, the Owner-Operator
Independent Drivers Association celebrated its 50th
anniversary.
“This has been a show that we participated in
for quite a few years now, because it’s a fun show
and we have lots of members who come here,”
OOIDA President Todd Spencer said in 2023. “We
thought it was a perfect place to celebrate our 50th
anniversary.”
Another fun-lled event is being planned for 2025,
and it will again include something that’s become a
staple of GBATS – the Special Olympics Convoy.
“Not only is there a ton of fun to be had, but the
industry rallies for Special Olympics, as we execute
our version of the World’s Largest Convoy and
typically raise more than $100,000 in just three short
days,” Martin said.
Truckers can enter their truck in the convoy for a
$100 donation, with every penny going to the charity.
The GBATS convoy effort resulted in a contribution
of more than $120,000 for Missouri Special Olympics
in 2023.
In 2025, truck registration and parking will begin
on Wednesday, Sept. 24 and remain open until noon
Central time on Friday, Sept. 26.
Registration is free, but drivers are encouraged to
arrive on Wednesday to expedite the registration and
parking process.
Martin said this event put on by 4 State Trucks,
OOIDA and the Joplin 44 Petro is one where all you
have to do is show up and have a great time.
“Put it on your calendars, get your rooms booked in
Joplin and join 15,000 of your friends at the Guilty By
Association Truck Show,” he added. LL
GBATS returning in 2025
GBATS convoy eort contributed more than
$120,000 for Missouri Special Olympics in 2023
“Where else can you
get 750-plus trucks
in one location,
along with nightly
motorsports, top-
name concerts,
fireworks, attractions
and food trucks?”
– Bryan “Boss Man” Martin,
4 State Trucks
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AUGUST/SEPTEMBER 2024 LAND LINE 61
By Land Line sta
A
trip to 2022’s Mid-America
Trucking Show in Louisville, Ky.,
inspired a song dedicated to the nation’s
truck drivers.
Country singer Makenzie Phipps
released “Eighteen Wheels” earlier this
year and already has received thousands
of views on YouTube.
“This song is for y’all,” Phipps said in
a recent interview with Land Line Now’s
Ashley Blackford. “This is your song
in honor of all of your hard work and
dedication.”
Written by Phipps’ backup singer and
guitarist, Shane Begley, “Eighteen Wheels”
is the emotional tale of a daughter thinking
about all of the sacrices her deceased father made by
spending a large chunk of his life on the road.
“The story is of a little girl, and she’s reminiscing
about her father, who was a truck driver,” Phipps said.
“He’s passed away, and she’s looking back on all the
times he sacriced so much to provide for his family.”
When I’d hear the truck roll in
I knew it was my best friend
It was a life he lived on eighteen wheels
Phipps’ father is not a truck driver, but she could
relate to the story through her uncles.
“My uncles were always on the road all the time to be
able to provide for their family,” Phipps said. “(They
were) out countless days, months out of the year just to
provide for not only their family but everyone out there
who relies on them for supplies. So it denitely was
very emotional to me, because I related to it in that
sense.”
Sometimes I sit in his old seat
And I think of all the memories
I can still hear the diesel engine shifting gears
“I always try to put myself into the story,” Phipps
said. “In this instance, I kind of put myself into that
little girl and I tried to think of if my own father was
a trucker and being away. I know there are so many
people out there who do have family members and
friends who are away for long times, and they miss
them so much. They really don’t get to see them, and
they have to talk to them at sporadic times of the day.
So when I went into the studio, I just put myself in
there. I really listened to the words, and I wanted it to
come out like it was my story. Like I was that little girl,
and my dad was on the road all of the time.”
Phipps said the song has received a positive response
from the trucking community, and she encourages
everyone to share the tune with a truck driver.
The country singer, who grew up in Virginia, moved
to Nashville, Tenn., about a year ago and has concerts
scheduled throughout the South for the rest of 2024.
You can learn more about her music at MakenziePhipps.
com. LL
‘This song is for y’all’
Country singer’s
new tune serves as
tribute to truckers
“The story is of a little girl, and
she’s reminiscing about her
father, who was a truck driver.”
– Makenzie Phipps, country singer
Country singer Makenzie Phipps’ song “Eighteen Wheels” is a tribute to
truck drivers.
Photo courtesy of Makenzie Phipps
2_ AugSept 2024.indd 612_ AugSept 2024.indd 61 7/17/24 2:42 PM7/17/24 2:42 PM
62 LAND LINE AUGUST/SEPTEMBER 2024
By SJ Munoz Sta Writer
The American Truck Historical Society has named its
2024 class of inductees to the American Trucking and
Industry Leader Hall of Fame.
Those inductees will be honored for their contribution
to the trucking industry during a ceremony on Oct. 23 at
ATHS headquarters in Kansas City, Mo.
Robert Young, ABF
Young purchased Arkansas Motor
Freight Lines Inc. in 1951, and
under his leadership, the company
became one of the nation’s largest
less-than-truckload carriers. Then
in 1966, Young formed the multi-
million-dollar holding company
Arkansas Best Corporation, which
would become ABF Freight System Inc. in 1980. Known
as ArcBest Corporation today, the company employs over
15,000 across 250 campuses and service centers.
John Ruan, Ruan Transportation
Ruan traded in his family
car to buy a truck during the
Great Depression, and Ruan
Transportation was founded.
Just months later, the company
expanded to a three-truck
operation. And two years after
that, Ruan was managing a eet
of a dozen trucks throughout the Midwest at age 19.
The company was the rst in the transportation sector in
America to implement a formal safety program. Ruan
Transportation is credited with developing the rst truck
capable of driving 1 million miles without major repairs
and with introducing programs to reduce emission. The
company now operates 4,000 power units and 10,000
trailers, employing more than 5,000.
Marvin Rush, Rush Enterprises
Rush founded Rush Enterprises
as a single-truck dealership in
Houston in 1965. He grew the
company by creating a network of
dealerships offering truck sales,
leasing and service throughout
the southern United States. In
1967, the company made its rst 100-unit eet sale of
Peterbilt trucks. The company expanded its truck leasing,
nance and insurance services through the 1980s, and by
1992, the company exceeded $100 million in revenue.
Today, annual revenue exceeds $7 billion across more
than 200 dealerships and afliate locations across North
America.
Fred Jones, ThermoKing
A pioneer, Jones designed and
patented an air-cooling unit for
trucks. In addition to their use
in transporting food, drugs and
blood plasma, the cooling systems
were used to air condition eld
hospitals and cockpits. Jones’
invention was used by the U.S.
Department of Defense in World
War II. He received over 60 patents and was the rst
African-American to be elected to the American Society
of Refrigeration Engineers in 1944. He also was inducted
into the Minnesota Inventors Hall of Fame in 1977 and was
awarded the National Medal of Technology in 1991. Both
honors were presented posthumously.
In 2023, Harry Kent and Edgar Worthington, founders
of Kenworth; Al Schneider and Don Schneider, founders
of Schneider National Inc.; Ted Rodgers, rst president of
the American Trucking Associations; and Frank Seiberling,
founder of Goodyear Tire and Rubber Company, were
inducted into the ATHS Hall of Fame.
The Owner-Operator Independent Drivers Association
was among the inaugural class of inductees in 2021.
ATHS National Convention
and Truck Show
ATHS held its annual convention and truck show June 6-8
in York, Pa. It featured approximately 875 trucks.
“The York Expo Center provided an ideal venue for
our event, allowing us to display a wide array of trucks,
host vendor booths and offer educational sessions, all
within a convenient location,” ATHS Convention Manager
Courtney Cesar said.
At the convention, ATHS announced award winners
honored for their involvement with and consecutive years
of service to the trucking industry:
ATHS announces 2024
Hall of Fame honorees
Inductees will be honored during a ceremony in October
Photo courtesy of University of Arkansas; Photo courtesy of The Des Moines Register; Photo courtesy of Rush Enterprises; Photo courtesy of ThermoKing
Award Winners
2_ AugSept 2024.indd 622_ AugSept 2024.indd 62 7/17/24 2:42 PM7/17/24 2:42 PM
AUGUST/SEPTEMBER 2024 LAND LINE 63
ATHS held its annual convention and truck show June 6-8 in York,
Pa. It featured approximately 875 trucks.
Photos courtesy of ATHS
“ATHS extends its heartfelt
thanks to all volunteers and
sponsors who contributed to
the success of the National
Convention and Truck Show.”
– John Gravley, ATHS executive director
Golden Achievement Award (50+ years of dedication)
Charles Oliver Brown – Westminster, S.C.
Jim Eisenhard – Macungie, Pa.
Mark Henderson – Weedsport, N.Y.
Paul Kauman – Belleville, Pa.
Maxwell Keough – Logan, Utah (formerly Sydney, Australia)
Larry Martin – Reinholds, Pa.
Dan Melone – Andover, Mass.
Billy Parker – Norwood, N.C.
Lenny Wild – Newton, Kan.
ATHS Historian Award
Don Arnauckas – Oakville, Conn.
Dick Callaway – Tryon, N.C.
ATHS Distinguished Service Award
Henry Fowler – Mechanicsville, Md.
Carolyn Vannatta – Leonardtown, Md.
Museum Recognition
George Kirkham
Kirkham International Truck Museum – Alberta, Canada
50-Year Company Award
Parker’s Garage – Gig Harbor, Wash.
75-Year Company Award
Makovsky Brothers – White Hill, Pa.
2024 ATHS scholarship winners
George Schroyer Memorial Scholarships
Cash McCord – Tipton, Ind.
son of ATHS member Shaun McCord
Deo Read IV – Red Hook, N.Y.
son of ATHS member Deo Wilson Read III
Cummins Scholarship
John Goodfellow – Lyman, S.C.
grandson of ATHS life member Marty Glomb
Lewis Semple Clarke Educational Fund
Anna Rhodus – Shawnee, Kan.
granddaughter of ATHS member Leo Rieke LL
Award Winners
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64 LAND LINE AUGUST/SEPTEMBER 2024
Photo by Nikohle Barnes
By SJ Munoz Sta Writer
Paperwork is an ugly word to many
of us.
And when it comes to trucking,
“endless” doesn’t even seem appropriate
for describing the amount of paperwork
required.
But OOIDA Compliance Connection
can help by providing a user-friendly
system for all your record-keeping needs,
from driver les and equipment les to
carrier permits and more.
Think of it as an online personal
assistant, said Crystal Minardi, OOIDA
Permits and Licensing supervisor.
“Maybe some drivers think they won’t need this type
of program, but you can be audited at any time,” Minardi
said. “You are required to maintain your les. If you’re not
in a position where you are going to continue to maintain
those les without being reminded to be in compliance of
certain things, this is an excellent tool.”
That tool includes
a reminder system –
and let’s be honest,
nearly everyone
could benet from
one of those.
“They get an
email on Mondays
and Tuesdays to let
them know what’s
coming due,” said
Bailey Askew, an OCC specialist. “We also help with the
new-entrant audit if they’re a new owner-operator.”
After receiving the necessary information, Compliance
Connection will format everything into a PDF le for
quick access, future updating or in the case of an audit.
“All they have to do is upload it to the site that the
auditor gives them and send over their logs through their
ELD, and that’s essentially it,” Askew said.
New carriers are especially grateful for such a service,
said Courtney George, an OCC assistant.
“When they rst get started, there’s a lot that goes into
it,” George said. “We help keep them in line while they are
guring everything out and getting on their feet.”
Education is also a major part of the process.
“It’s not just, ‘Fill this out,’” Askew said. “We’re going
through and explaining. A lot of times, when we send
the driver le to someone, they don’t realize they have
to have it, because they are the owner-operator. They are
driving the truck, but they also own the company. It seems
redundant, but it’s required.”
Compliance Connection literally goes through each and
every form to make sure they all are completed correctly.
That education works both ways, as the Compliance
Connection Department continually researches and stays
up to date with the necessary trucking requirements.
“When I rst started, it was very overwhelming,”
George said. “There was a lot to it. There is a lot of online
research and utilizing the FMCSA website.”
Reaching out to other departments also provides
valuable expertise in certain areas, Askew added.
While there’s a lot to it in terms of paperwork, the
process of members signing up for the service can be done
relatively quickly.
“We’ve had members sign up, and we get them
completely set up in one or two days,” Askew said. “As
long as the communication is there. We get them prepared
in a way so it can be done faster than people might
imagine.”
Compliance Connection even reaches out to the
Authority Department to see if any potential drivers could
use its assistance.
“Sometimes the most daunting task is lling out the 22-
page driver le,” George said. “They see that and they’re
like, ‘Do I have to?’”
And if for whatever reason a driver doesn’t have
something, Compliance Connection will step in and gure
out what needs to be done to ensure the driver is enrolled
in everything required to legally operate.
For additional information, call OOIDA’s Business
Services Department at 816-229-5791. LL
OOIDA’s Compliance Connection
Association provides a user-friendly system for all
your record-keeping needs
“Maybe some drivers
think they won’t need
this type of program,
but you can be
audited at any time.”
– Crystal Minardi, OOIDA Permits
and Licensing supervisor
Left to right: Bailey Askew, OCC specialist; Crystal Minardi, OOIDA Permits and
Licensing supervisor; and Courtney George, OCC assistant
2_ AugSept 2024.indd 642_ AugSept 2024.indd 64 7/17/24 2:42 PM7/17/24 2:42 PM
AUGUST/SEPTEMBER 2024 LAND LINE 65
By Mark Schremmer Senior Editor
The Owner-Operator Independent Drivers Association,
as well as two dozen automotive groups, support a bill
aimed at providing vehicle owners the right to repair.
The Right to Equitable Professional Auto Industry
Repair Act, or HR906, would require manufacturers
to provide important diagnostic data. Specically, the
REPAIR Act would make motor vehicle manufacturers
provide vehicle owners with direct, real-time, in-
vehicle data generated by the operation of the vehicle.
Outside of recall and warranty repairs, a manufacturer
would not be able to mandate the use of a particular
brand or manufacturer of parts, tools or equipment.
In July, Reps. Lori Trahan, D-Mass., and Eric
Burlison, R-Mo., became co-sponsors of the bill. The
bipartisan REPAIR Act now has 56 co-sponsors, with
28 Republicans and 28 Democrats pledging support.
Rep. Neal Dunn, R-Fla., introduced the REPAIR Act
in 2023.
“When it comes to repairing their automobiles,
consumers deserve options,” Dunn said. “The
REPAIR Act would give owners, including the rural
communities in my district, secure access to critical
data so their chosen service center can replace parts and
repair their vehicles.
Rep. Warren Davidson, R-Ohio, was one of the
original co-sponsors.
“By prohibiting vehicle owners from accessing
and sharing data they generate, manufacturers stop
consumers from accessing third-party repair shops,”
Davidson said in a news release. “American vehicle
owners have a right to control their data and a right to
access third-party repair shops, tools and parts.”
OOIDA support
OOIDA believes the REPAIR Act would be benecial
to truckers.
“This legislation would ensure that truckers and
carriers have access to information about their vehicles
to help them to diagnose and repair problems,” the
Association wrote on its Fighting For Truckers website.
“This legislation would also help to promote access to
independent repair shops. OOIDA has been actively
supporting this legislation and opposing efforts that
would exclude heavy-duty trucks from the bill.”
Truckers who would like to reach out to their
lawmaker about the REPAIR Act can do so by going to
OOIDA’s FightingForTruckers.com.
The Specialty Equipment Market Association also
supports the bill.
“The bill provides independent repair shops and
aftermarket businesses that produce OEM (original
equipment manufacturer)-comparable parts the right to
access critical information, tools and equipment needed
to maintain and repair at a fair and reasonable cost,”
SEMA wrote.
Letter of support
On July 8, OOIDA, SEMA and 23 other trade groups
wrote a letter to a House committee in support of the
REPAIR Act.
“This bipartisan legislation, with more than 50 co-
sponsors evenly divided between Republicans and
Democrats, would preserve consumer access to high
quality and affordable vehicle repair by ensuring that
vehicle owners and their repairer of choice have equal
access to repair and maintenance tools, components and
data,” the letter stated.
Among the other groups supportive of the bill are the
Auto Care Association, Transport Workers Union of
America, Auto Care Alliance, Tire Industry Association
and the Association of Diesel Specialists.
The National Automobile Dealers Association has
opposed the REPAIR Act, saying it raises privacy and
cybersecurity concerns. But supporters said the bill, in
its latest form, addresses any cybersecurity issues.
“As vehicle technology continues to evolve and grow
more complex, effectively repairing and maintaining
cars, buses and trucks will require access to data,
software, compatible replacement components, training
and sophisticated diagnostic tools,” the letter stated.
“The current law is inadequate to address growing
competitive concerns created by new technology,
and the REPAIR Act would guarantee the right of
owners and their designated repair facilities to fully
maintain and repair modern vehicles, while ensuring
cybersecurity for critical vehicle systems.” LL
REPAIR Act gains bipartisan support
OOIDA among more than two dozen trade groups to support bill
Truckers who would like to reach
out to their lawmaker about the
REPAIR Act can do so by going to
OOIDA’s FightingForTruckers.com.
2_ AugSept 2024.indd 652_ AugSept 2024.indd 65 7/17/24 2:42 PM7/17/24 2:42 PM
66 LAND LINE AUGUST/SEPTEMBER 2024
By Ryan Witkowski Sta Writer
When it comes to being an owner-operator, the little
things can make or break your business. Knowing
the hurdles, as well as the potential pitfalls, is an
important part of obtaining and operating under your own
authority. And for OOIDA member Shelley VandenBerg,
those lessons came at just the right time.
In the fall of 2018, VandenBerg and her husband, Chris,
set out on a journey of obtaining their own authority.
It was not long before the two found themselves in an
all-too-familiar situation, locked into a lease-purchase
agreement with a carrier.
VandenBerg said around ve months into the
agreement, she and her husband started to realize “things
were bad” and started to look for ways to improve their
situation. That’s when she found OOIDA’s Truck To
Success course and decided it was time “to learn about
what we got ourselves into.”
The three-day course offers step-by-step instruction on
everything it takes to become, and succeed, as an owner-
operator. VandenBerg said she was “blown away” by the
course and the depth of topics covered.
“We were just kind of sitting there on the rst day
going, ‘Wow, we didn’t have any idea,’” VandenBerg
said. “And by the end of the class, we were just like,
‘This is incredible!’ We had no idea there was so much to
this.”
Some of the topics covered during the Truck To Success
course include:
n Developing a business plan that works for you
n Equipment financing
n Insurance
n New-entrant safety audit and compliance review
n Drug and alcohol consortium and requirements
n Permits and licensing
n Taxes and business structures
n Brokers and factoring
On top of the wealth of information she received,
VandenBerg said she appreciated the direct “tough love”
approach taken by OOIDA when it came to showing the
realities of what being an owner-operator is all about. In
her opinion, it is an approach that simply “makes sense to
truck drivers.”
“Just putting it on the table like that, I think that’s what
truck drivers need … and that’s how you have to be, just
point blank, here’s what it is,” she said.
VandenBerg added that the knowledge gained from the
course helped her avoid the worst possible outcome when
it came to the lease-purchase agreement and gave her the
skills to navigate out of a bad situation.
Attendees say OOIDA’s Truck To Success is ‘worth every penny’
In the know
OOIDA file photo
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AUGUST/SEPTEMBER 2024 LAND LINE 67
Truck To Success is a three-day intensive
training for those ready to take their first steps
toward becoming an owner-operator. The course
is scheduled for Oct. 22-24 at the Courtyard by
Marriott in Blue Springs, Mo., and will feature true
trucking experts and trainers from OOIDA.
Ready to Start Your
Own Business?
Then you need to enroll in
OOIDA’s TRUCK TO SUCCESS!
To register, visit
OOIDAOnlineEducation.com.
Registration is open to anyone – you do not have
to be a member of OOIDA to participate. The cost
is $495 per person and includes breakfast and
lunch. (Guests are an additional $50 per day for
meals.) Lodging is not included, but participants
receive a special OOIDA corporate rate.
“Trucking is like a shark tank, and if somebody is going
to take a penny, they’re going to take 5 cents from you and
then they’re going to take 10 cents from you,” she said.
“You’ve got to be hard-nosed and run your business like a
business … I feel like it gave me the knowledge to run my
business in a tank of sharks.”
For some, like OOIDA life member Richard Herman,
the course is a means of continued education. Herman,
who took the course in 2022, said Truck To Success is a
valuable tool for all drivers regardless of how long they’ve
been in the industry.
“If someone’s really serious about it and they have
limited experience – even if you have a lot of experience
– there’s so much information you can prot from in there
and learn from,” he said.
Andrew King, assistant director of operations for the
OOIDA Foundation, said that given the current economic
climate of the industry, the information provided in the
course has become even more valuable.
“The market right now is extremely rough and will be for
the foreseeable future. We hate to see anyone fail. That’s
why we designed this seminar to start with,” King said.
“Owner-operators need this information more than ever.
Even though the market is down, it’s still possible to
succeed.”
The next Truck To Success will be held Oct. 22-24 at the
Courtyard by Marriott in Blue Springs, Mo. Truckers can
register online on the Association’s website. The deadline
to sign up is Oct. 1, and the cost for the in-person class is
$495 per person.
For those who are interested but cannot attend in person,
an online version of Truck To Success will be available via
Zoom. The deadline to register for the $250 virtual course
is Oct. 21.
And there are benets for the early birds: Drivers who
register for Truck To Success before Sept. 1 will receive
$50 off the price of the course, plus a free one-year
membership to OOIDA.
“That class is invaluable,” Herman said. “For the money,
it was worth every penny.” LL
“You’ve got to be hard-nosed
and run your business like a
business … I feel like it gave
me the knowledge to run my
business in a tank of sharks.”
–Shelley VandenBerg, OOIDA member
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68 LAND LINE AUGUST/SEPTEMBER 2024
By SJ Munoz Sta Writer
A
long-awaited freight upcycle
may not come until 2025, the
OOIDA Foundation reports.
In its rst quarterly report of
2024, the research arm of the
Owner-Operator Independent
Drivers Association said that a
freight upcycle should not be
expected anytime this year despite
rates appearing to have found a
oor.
The second quarter of 2025 is
likely for that upcycle, as rates will
not rebound until demand increases.
“Though the Producer Price
Index moved downward in the
rst quarter, it appears the rates may have nally found
their oor,” the OOIDA Foundation wrote in its report.
“Unfortunately, it looks as though rates will continue
to bounce along the bottom of the trough until demand
increases enough to ignite the next upcycle, which
doesn’t look like it will happen until Q2 2025.”
Owner-operator outlook
Truckload volumes increased for three consecutive
quarters but remained in negative territory, putting
downward pressure on rates. However, they were close
to crossing into positive territory.
C.H. Robinson President and CEO Dave Bozeman said
the company outpaced the market indices for the third
quarter in a row.
Truckload revenue increased quarter-over-quarter,
while revenues were down compared to a year earlier
and 26% below 2019 levels.
Truckload price and cost have been in negative
territory since the second quarter of 2022.
Truckload volumes were down 33% from their peak in
the fourth quarter of 2020.
Leased-on owner-operator outlook
The number of loads hauled via truck through the
rst quarter of 2024 performed higher than expected,
according to Landstar President and CEO Jim Gattoni.
Yet the same soft freight market fundamentals that
occurred during 2023, such as low demand, weak
manufacturing and too much capacity, continued in the
rst quarter of 2024.
Loads were down quarter-over-quarter, year-over-year
and 13% lower than in 2019.
Trucks provided declined 4% quarter-over-quarter and
had decreased for seven straight quarters. The number of
trucks provided is a good barometer for where the freight
market is for the leased-on owner-operator.
The soft macro-freight environment experienced
throughout 2023 continued into the rst quarter of 2024.
Although capacity was still exiting the industry, revenues
per load had yet to tick upward. Some parts of the market
appeared to be moving toward equilibrium.
Company driver outlook
Sales decreased for the rst time in two quarters but
increased year-over-year. This could be a positive signal
for future freight demand.
Employment for the general freight, long-distance and
truckload sector decreased quarter-over-quarter as the
industry downsized to meet weaker demand.
Average weekly earnings, including more than just
drivers, increased in the rst quarter.
Overall trucking industry
According to U.S. Bank, the truck freight market
continued to underperform the broader economy during
the rst quarter of 2024. Several factors contributed to
declining freight levels, including bad winter weather
and low household goods consumption.
U.S. Bank’s Spend Index contracted for the seventh
consecutive quarter, much of which was due to the
price of diesel. However, it wasn’t the sole reason for a
reduction in spending, U.S. Bank said.
Time for a freight upcycle?
Unfortunately, OOIDA Foundation predicts truckers will have to wait until 2025
top images/stock.adobe.com
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AUGUST/SEPTEMBER 2024 LAND LINE 69
Affordable eye care for OOIDA
members and their families.
OOIDA is pleased to offer members the OOIDA
Voluntary Vision Care Plan.
It’s important to see the value of good eye care.
Now it’s easy and affordable to protect the
eyesight of yourself and your dependents.
OOIDA’s Voluntary Vision Care Plan has two
networks to choose from. Both cover the majority
of annual eye care needs, including complete eye
examinations, single and multi-vision eye glasses
and contact lenses.
Enroll today in the OOIDA Voluntary Vision Care Plan
and take advantage of this low-cost member benefit.
OOIDA Voluntary Vision Care is available
for all OOIDA members year-round!
TWO networks to choose from.
Focus on a complete
health picture.
Please call the Life & Health Benefits Department at
816-229-5791
for more information and a quote on
this or other life and health benefits available.
Vision 2022 5/3/24 4:03 PM Page 1
The bottom line is that shippers had too much
capacity for too little freight in the rst quarter.
Market update
In late June, the OOIDA Foundation also released its
market update for May.
Increased demand in May was likely due to holidays
and CVSA’s International Roadcheck, meaning it was
unlikely to continue to affect the freight market in a
meaningful way, according to the OOIDA Foundation.
Outside of demand, capacity was loose and operating
costs were high, while rates were rming, the
Foundation reported.
In the van market, all but three regions saw an
increase in the load-to-truck ratio. The largest increase
was by 48% in the Southeast. The spread between spot
rates and contract rates decreased and was better year-
over-year.
The load-to-truck ratio in the atbed market was
down from the previous month but increased year-over-
year for just the second time in 25 months. Ratios were
the most favorable in the Southeast, South Central and
Carolina regions. DAT predicted atbed spot rates will
steadily decrease through the end of 2024.
Reefer truck capacity tightened again following
several months of loosening, as rates ticked upward
overall. Availability was down 4% over the previous
year, but this was primarily due to a tough comparison.
Capacity remained mostly at across the country.
The Transportation Service Index was down month-
over-month and was lower than a year earlier.
“Some pockets of tightness are appearing in reefer
and atbed markets, but the truck market is still well-
supplied, with private eets increasingly competing for
spot loads recently,” the Cass Shipment Index said.
Trucking employment numbers decreased after
adjustments and were down year-over-year. This was
the 12th consecutive month of decreases.
The industry was still suffering with overcapacity.
However, demand for used trucks continued to rise
despite strong headwinds in the freight market due to
falling truck prices.
Although it was encouraging to see transportation
prices on the Logistics Managers’ Index expanding, this
has happened previously in the past six months and has
been temporary every time.
The OOIDA Foundation reiterated in its May report
that the next freight upcycle will likely wait until the
second quarter of 2025. LL
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70 LAND LINE AUGUST/SEPTEMBER 2024
By Ryan Witkowski Sta Writer
Cargo theft has been on the rise in recent years. Not
surprisingly, thieves have been targeting high-value
loads.
One industry insider said there has been a signicant
increase in the theft of high-dollar freight.
According to 2024 rst-quarter data from Overhaul –
an Austin, Texas-based supply chain risk management
company – there were 11 recorded theft incidents in
which the estimated total loss exceeded $1 million.
In comparison, the company recorded just one cargo
theft that surpassed
that value in the rst
quarter of 2023.
“On the surface,
targeting high-value
goods might seem like
an unwise undertaking
for criminals. It
involves high levels
of planning and
coordination and
can come with big
consequences should
a thief be caught,” the
company said. “However, these obstacles do little to
deter criminals for the simple, unfortunate reason that
criminals have much to gain. The higher the value, the
higher the potential rewards.”
In total, Overhaul recorded 371 thefts in the rst
quarter of 2024, just over four thefts per day, marking
a 38% increase from the rst quarter of 2023. The
combined value of the 11 events that exceeded $1
million accounted for 49% of the total loss value in the
rst three months of this year.
As far as what types of loads are being targeted,
the company said that electronics remained
at the top of the list, including a number of
incidents where thieves stole computers,
monitors, cryptocurrency mining machines and
telecommunications equipment.
The company also noted a recent rise in the theft
of pharmaceuticals, which it said can “easily be
sold on the black market for a sizable prot.”
Overhaul added that in addition to targeting high-
value commodities for cargo theft, thieves have
become wise to the fact that shippers often transport
multiple high-value goods at once.
“This means the potential rewards are even greater via
the theft of a single tractor-trailer,” the company said.
“In other words, rather than risk stealing several less
valuable loads, they’ll often choose to go after a single,
more valuable one.”
The company added that “many shippers lack the cargo
security features to help deter attacks,” which it said is
exacerbating the issue.
“In these cases, they might assume that others will be
targeted instead of them or that cargo theft is not as bad
as it’s made out to be,” Overhaul said. “Unfortunately,
this is far from the truth. In fact, statistics show that
the situation for high-value loads may be getting even
worse.”
When it comes to cargo theft, it isn’t just the dollar
value that’s rising – it’s also the total number of
incidents.
First-quarter data from CargoNet – a Jersey City, N.J.-
based data- and information-sharing company working
with law enforcement and motor carriers to combat cargo
theft – led the company to declare that theft incidents
had reached “new heights.”
“CargoNet documented a staggering 925 incidents,
marking a substantial 46% increase compared to the
rst quarter of 2023 and a concerning 10% rise from the
fourth quarter of 2023,” the company said.
It added that some of the uptick in incidents can be
attributed to “complex fraud schemes.”
Keith Lewis, CargoNet’s vice president of operations,
said during a recent interview with Land Line Now
that incidents of strategic theft through fraud and other
“deceptive acts” had increased 700% in some areas of
the country. LL
High-value cargo
theft on the rise
Andrey Zhuravlev/istockphoto.com
Expensive
tastes
The company
(Overhaul) also
noted a recent
rise in the theft of
pharmaceuticals,
which it said can
“easily be sold on
the black market
for a sizable profit.”
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AUGUST/SEPTEMBER 2024 LAND LINE 71
By SJ Munoz Sta Writer
The cost of operations for truckers is getting more expensive.
That’s according to the American Transportation Research
Institute’s 2024 Analysis
of the Operational Costs of
Trucking.
The report, released
annually, analyzes line-item
costs, operating efciencies
and revenue benchmarks by
eet sector and size.
In its analysis, ATRI found
the overall marginal cost of
operating a truck was $2.27
per mile in 2023. That was
an increase of less than 1%
from the previous year, but
when surcharge-protected
fuel costs were subtracted, the cost per mile increased by
nearly 7%.
The report also found that:
n Truck and trailer payments increased by almost 9%.
n Driver wages increased around 8%.
n Repair and maintenance fees were up 3%.
n Truck insurance premiums grew 12.5% after two
years of negligible change.
n Deadhead mileage increased to 16% for all non-tank
operations.
n Driver turnover was up 5% in the truckload sector.
Additionally, average operating margins were 6% or lower
in all eet sizes and sectors other than less-than-truckload.
Truckload and specialized sectors saw drops in per-mile or
per-truck revenue. Expenses outside of the core marginal line
items increased as a share of total revenue for most sectors,
according to the ATRI report.
“These pressures combined with low freight rates strained
protability across the industry,” ATRI said.
ATRI’s report aligns with the OOIDA Foundation’s monthly
freight market outlooks, which have reported “elevated” or
“high” trucking operation costs since it began releasing these
reports in August 2022.
“Understanding the current and future state of the freight
market is critically important for an owner-operator to be
successful,” the Foundation said. “These updates are designed
to help the owner-operator gain insight into the current
conditions of today’s freight market.” LL
Costly operations
Trucking costs go up,
according to latest research
Photo courtesy of ATRI
First place 2024-2025 winner:
Mason Houghton
$2,000 winner
Grandson of OOIDA life member
Ronnie Martin of Dunbar, NE
www.ooidafoundation.org
Owner-Operator
Services Inc.
The OOIDA Scholarship Program was
established to aid the children, grandchildren
and legal dependents of OOIDA members.
Annually, OOIDA awards one $2,000/year
and four $1,000/year scholarships, each
renewable up to three additional years.
Applications will be accepted during the fall
semester of the individual’s senior year of high
school. For more information and official rules,
visit www.ooida.com/scholarship or contact
the OOIDA Foundation at (816) 229-5791.
OOIDA
MARY JOHNSTON
SCHOLARSHIP
Scholarship 8_2024 6/28/24 11:12 AM Page 1
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72 LAND LINE AUGUST/SEPTEMBER 2024
By Tom Berg Contributing Editor
What does it take to carry extra-large and heavy loads,
like one 900,000-plus pounds and almost as long as a
football eld, destined for a manufacturing site?
“Go slow, be cautious, be safe,” answered 55-year-old
Gary Lipka, an owner-operator leased on to Edwards Moving
& Rigging, which since early this year has been transporting
two dozen pieces of machinery from the Ohio River to an
Intel Corporation construction site in central Ohio.
We met Lipka while in Waverly, Ohio, in mid-July to
watch a portion of one move. He had temporarily parked
an Edwards-owned Peterbilt 379 “prime mover” on Emmitt
Avenue – U.S. 23 as it passes through the small city – as the
loaded rig inched northward behind him. He explained that
he’d hook onto the lead truck to help pull the rig up a grade a
few miles north of town.
The cargo was an air processor known as a “cold box”
used in the silicon chip manufacturing process. It measures
approximately 23 feet tall, 20 feet wide and 280 feet long
and weighs 916,000 pounds. The processor was built in
Europe and carried by barge across the Atlantic Ocean, into
the Gulf of Mexico and up the Mississippi and Ohio rivers to
a port in southern Ohio.
Edwards crews transferred it to a pair of multi-axle-
line transporters to carry it more than 100 miles to the
construction site. It’s one of four such units that will be
erected there, and this was the second one to be handled. The
combined weight, including the two Goldhofer 64-wheel
transporters, a 16-wheel rear steering unit and two Kenworth
C500 prime movers, was well over a million pounds.
Lipka said he’d been working for Edwards for about 25
years after eight years of more normal truck driving, which
he found “boring.” The variety and challenges of heavy-haul
transportation appealed to him, and that’s what he’s enjoyed
since signing on with Edwards. He lives with his wife in
Elizabeth, Ind., across the Ohio River from Shelbyville, Ky.,
where the company’s headquartered – though he’s away a lot
when this type of work begins.
Otherwise, Lipka drives his own tractor, a 2000 long-nose
Freightliner Classic with which he hauls smaller loads for
Edwards, pulling atbed, drop-deck and lowboy trailers.
Cargo includes heavy construction materials and automotive
components.
This day, he was pacing the massive rig as it moved
at walking speeds through Waverly, stopping often as
contractors raised utility lines and trafc signals to allow
‘Go slow’
Cautious trucker helps
move massive load
Gary Lipka waits ahead of the heavy-haul convoy with a Peterbilt
379 that he’ll use to help pull the massive load and its supporting
vehicles up a grade on U.S. 23 north of Waverly, in southern Ohio.
Photos by Tom Berg
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AUGUST/SEPTEMBER 2024 LAND LINE 73
the tall load to pass. Lipka
said there were about 20
Ohio State Patrol troopers
escorting the procession and
20 bucket trucks – each with
two or three men dealing with
overhead obstructions – plus
guys far ahead using long
measuring poles to identify
what needed to be hiked
out of the way. That totaled maybe 100 people in all on this
move.
Matt Bruning, a spokesman for the Ohio Department of
Transportation, said each of the four moves takes nine days
to make the slow journey over highways, county roads and
city streets on the way to the 1,000-acre site in Licking
County. He added that ODOT had to rst evaluate the
proposed route to be sure that pavement and bridge strength
and overall clearances were sufcient
to take the loads’ weight and size. Then
appropriate permits were issued.
Newspapers and TV news outlets
have been reporting on the movements
due to their novelty and because
they disrupt trafc while underway.
In Waverly, trucks and cars in both
directions waited more than an hour
as the convoy made its way through
town. But no one seemed overly irked,
because the spectacle was so unusual
and interesting. People lined up along
the edge of the street to watch.
A contingent of Intel employees
led by Emily Smith, director of
community relations in Ohio, cheered
as the rig passed their vantage point.
They’d set up a canopy as a base to
answer citizens’ questions about the
project. Smith explained that at their
nal destination, the cold box’s four
separators would stand on end and
would extract nitrogen, oxygen, argon
and several “trace” gasses that comprise
air, using them in the manufacturing
process. This is less costly than buying
the gasses from a commercial supplier.
The high-prole construction
project as a whole – with a $28 billion
price tag – eventually will supply
microchips used in products like laptop
computers, cars and heavy trucks. About 7,000 construction
workers are building two factories, called “fabs.” And 3,000
specially trained people will be employed by Intel when chip
manufacturing commences in three to ve years, Smith said.
Scores of microchips are used in each heavy truck, and a
serious shortage of them several years ago made buying new
trucks difcult. Most chips are made overseas, so the federal
government is subsidizing the Intel project and others like it
to bring more chip-making to the U.S.
Already, the Intel project has caused profound changes
in this once-rural area in Ohio, upsetting some residents
but making business-oriented folks happy about the huge
economic boost. Although the cold box might be among the
biggest and heaviest objects ever moved, no one from Intel or
Edwards made that claim – and a web search reveals others
that in fact were larger and heavier. But this one clearly was
making trucker Gary Lipka’s day. LL
Led by a Kenworth C500 “prime mover,”
the big and heavy air separator is carried
on two 64-wheel transporters along
Emmitt Avenue, U.S. 23 in Waverly, Ohio.
Above: A crewman steers the hydraulically suspended
transporters from the rear as another KW C500 pushes
the million-plus-pound cargo through the small city.
Left: Utility crewmen have swung traic lights out of the
way while one prepares to remove the small sign that
would be struck by the tall load from below. A man with a
measuring pole confirms the sign is currently in the way.
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74 LAND LINE AUGUST/SEPTEMBER 2024
By Tyson Fisher Associate Editor
L
ease-on agreements with large carriers are pretty
airtight, but that does not mean truckers have to roll
over when a pattern of loads going wrong starts costing
them thousands of dollars in lost revenue.
Leasing on to a mega carrier has its advantages. Owner-
operators get access to a wide network of clients and are
relieved of some of the administrative burdens of being
an independent contractor. However, when something
goes wrong at the loading dock, causing a trucker to miss
out on a load, the driver is at the mercy of the contract.
Losing a scheduled load with little to no warning
happens in the industry. But when it happens consistently,
it can cost an owner-operator a signicant amount of
income. Sometimes, a carrier will compensate drivers for
missing a load beyond their control. However, leased-on
truckers may nd themselves in a situation where the
carrier claims to owe them nothing. That may be true …
or it may not.
Fighting for pay under
lease-on agreement
Mark Johnson found himself in a situation where the
carrier did not compensate him for lost loads that ended
up costing him thousands of dollars over a one-year
period.
An over-the-road truck driver for more than two
decades, Johnson signed a lease-on agreement with a
large carrier in August 2021. It took only a few months
for the problems to begin. After arriving at the shipper’s
facility, Johnson was unable to haul loads for a variety of
reasons.
In one instance, the trailers Johnson and three other
drivers were supposed to carry were not there. There
also were several situations where the load was not ready
until the next day or was completely canceled. In those
situations, Johnson was not informed about the delay or
cancellation until he arrived at the facility.
According to Johnson, unexpectedly missing out on
a load could cost him thousands of dollars in missed
opportunities. Although he received his loads through
the carrier’s load board, he hired a third-party dispatcher
to book them. To maximize the miles and dollars, the
dispatcher would book several loads in advance, with the
next load relatively close to the receiver of the last load.
Consequently, if Johnson missed a load, he would either
have to deadhead a long distance to pick up the next
booked load or reschedule his entire week.
Worst-case scenario
One missed load could cause an owner-operator to lose
several days of work that otherwise would have been
scheduled with jobs.
“When I lost the load, it wiped out three loads at a
time. It was thousands of dollars,” Johnson said. “And
then again, (the dispatcher) would have to go back to the
blackboard and start from scratch, because the idea is to
keep you moving. You don’t deliver a load and then look
for another one.”
Johnson added that when he addressed the issues as
they happened, there was a lot of nger-pointing but very
little accountability. The carrier claimed the shippers were
responsible for the loads, while the shippers pointed out
that they were not responsible for driver compensation.
Once Johnson began to notice that these long delays and
cancellations were becoming more commonplace rather
than a few one-offs, he began documenting. Eventually,
enough was enough, and he took the carrier to small
claims court.
According to court documents, Johnson’s claims
involved nine separate situations dealing with a missed
or delayed load. In its nal judgment, the court ordered
the carrier to pay Johnson for three of the nine claims,
including compensating him for missing a scheduled load
following an unexpectedly canceled load.
Johnson may not have come out victorious on most of
the claims, but winning on some of them shows owner-
operators there may be some recourse when the actions of
a carrier start affecting their bottom line.
DAVID VS. GOLIATH:
Pay disputes with large carriers
Drazen/stock.adobe.com
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AUGUST/SEPTEMBER 2024 LAND LINE 75
Stay up to date on the trucking news
most important to truck drivers.
You can catch Land Line Now on Sirius XM
Channel 146 at 6 p.m. ET or on your favorite
podcast-streaming services following the show.
We even have a handy link on our website,
LandLineNow.com, to listen online.
STAY IN
THE K
NOWNOW
Preparing to fight
Johnson’s experience could encourage other drivers to ght
for pay they feel they are entitled to, but they will need to
dot all the i’s and cross all the t’s in order to be successful.
First and foremost, truckers should know their contract.
Most lease-on agreements include sections dedicated
to compensation, including what the owner-operator is
entitled to and deadlines to dispute pay. The contract likely
will be the controlling piece of evidence to settle claims.
Contracts can be lengthy and hard to decipher. The
Owner-Operator Independent Drivers Association’s
Business Services will review contracts for members.
There also are other services, including attorneys
specializing in contracts, that will break down a contract
for a fee.
Although large carriers do a good job of covering all
bases with their contracts, Paul Torlina, OOIDA’s advocacy
counsel, said situations like Johnson’s may be open for
dispute.
“How clear is that contract language? Because if it’s
unclear at any time, you’re leaving it to a court to interpret
it,” Torlina added.
Lease-on agreement pay disputes need to be documented
in writing so that the owner-operator can produce proof that
he or she addressed the issue within the allotted amount of
time provided in the contract.
Make sure that those written documents are well
preserved. Emails and text messages are oftentimes
autodeleted after a certain amount of time.
Armed with the contract and proper documentation, the
next step is to know which court to le in and to know
the rules. Torlina advises truckers to expect a carrier’s
attorney to intimidate them by bringing up court rules
and procedures, such as ling deadlines, format, etc. The
good thing about small claims court is that its judges and
magistrates typically give pro se plaintiffs more slack than
is offered in more formal district court cases.
Lastly, prepare to look for another job. There is a distinct
possibility that somewhere in the contract lies a provision
giving the carrier a way out. In Johnson’s case, his lease-on
agreement was severed a few weeks after he led his claim.
This all sounds like a lot of trouble, but if thousands of
dollars are being left on the table, many owner-operators
may feel it’s worth it. They may lose their job in the
process, but do they really want to stay with a carrier that is
costing them money?
“It’s not your life; it’s your livelihood,” Johnson said.
“You can go
somewhere else.” LL
Losing a scheduled load with little to
no warning happens in the industry.
But when it happens consistently,
it can cost an owner-operator a
significant amount of income.
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76 LAND LINE AUGUST/SEPTEMBER 2024
Bryan “Boss Man”
Martin and his
family own and
operate 4 State
Trucks in Joplin,
Mo. They have
been entrenched
in trucking for
three generations and have but one
focus: To serve America’s truckers and
assist in keeping them “looking good
and rolling proud” as they travel the
highways.
CAUGHT
ON THE LOT
Busted
Have you ever been worried about
being in the right place at exactly
the right time? Well, meet the folks
who got caught on the lot at Chrome
Shop Mafia HQ in Joplin, Mo.
Yeah, yeah, maybe the
dispatcher said “keep on rollin’ – that
load has gotta be there yesterday,”
but some urges simply can’t be
resisted.
When the chrome fever gets ahold
of you, the turn signal comes on
right about mile marker 4 on I-44
and the steering wheel kinda pulls
you in the direction of the Chrome
Shop at 4 State Trucks. Congrats to
those photographed – you officially
have been busted! LL
Farmers Oil struttin’ their stu with this snazzy pair of Petes.
Photos courtesy of 4 State Trucks
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AUGUST/SEPTEMBER 2024 LAND LINE 77
Photos courtesy of 4 State Trucks
It’s all about the details – white and blue with the
poppin’ red pinstripe.
Nothing like some old-school Peterbilt cabovers.
Can’t help but think of Ol’ Glory looking at this beauty. Locked, loaded and ready to run!
Would you look at this Western Star wheelbase? A killer combo unit with cool paint and chrome.
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78 LAND LINE AUGUST/SEPTEMBER 2024
Monster Ztudio/stock.adobe.com; logobloom/stock.adobe.com
By Tyson Fisher Associate Editor
The Federal Reserve announced in
June that it wasn’t cutting interest
rates. What does that decision mean
for the freight market?
Previously, analysts predicted that
the Fed would lower interest rates and
help the freight market push through a
down cycle in the second half of 2024.
However, the Federal Reserve
indicated on June 12 that it will keep
interest rates unchanged, between
5.25% and 5.5%. Additionally,
Federal Reserve Chair Jerome Powell
suggested there may be only one
interest rate cut this year, which may
not come until the fall.
The Fed’s latest update on interest
rates deviates from its projections at the end of
last year. Last December, Federal Reserve ofcials
predicted three rate cuts in 2024.
As part of the June 12 announcement, Powell
said that although ination is moving toward the
2% goal, not enough data gives the central bank
condence that the downward trend will continue.
“We have stated that we do not expect it will
be appropriate to reduce the target range for the
federal funds rate until we have gained greater
condence that ination is moving sustainably
toward 2%,” Powell said. “So far this year, the data
have not given us that greater condence. The most
recent ination readings have been more favorable
than earlier in the year, however, and there has
been modest further progress toward our ination
objective. We will need to see more good data to
bolster our condence that ination is moving
sustainably toward 2%.”
The U.S. Bureau of Labor Statistics also
announced in June that the consumer price index,
not including food and energy, went up 0.2% in
May when compared to April, marking the smallest
monthly increase since October. The ination index
slowed down in the last two months but remained
more stubborn in the preceding months of 2024.
Two months is encouraging but hardly makes a solid
trend.
Do interest rates aect freight?
Although interest rates do not directly affect freight
rates, the Federal Reserve’s recent decisions could
give the industry a glimpse of what to expect in the
foreseeable future.
At the beginning of the year, many analysts
predicted that the current freight recession may
begin to lift in the second half of 2024. A lot of that
speculation was under the backdrop of ination
easing at a quicker rate. In the rst quarter of
2024, the Owner-Operator Independent Drivers
Association’s Foundation told Land Line that
interest rate cuts could be key to higher volume later
in the year.
The Foundation pointed out that manufacturing
generates about 60% of all for-hire freight.
Manufacturing is also in a recession. Interest rates,
which are at a 23-year high, have led investors to
scale back spending. Manufacturing likely would
increase with a decrease in interest rates, thereby
increasing for-hire freight volume.
Of interest
Does the Federal Reserve’s decision
aect the freight market?
3_ Aug_Sept 2024.indd 783_ Aug_Sept 2024.indd 78 7/17/24 2:20 PM7/17/24 2:20 PM
AUGUST/SEPTEMBER 2024 LAND LINE 79
Please call the Life & Health
Benefits Department at
816-229-5791
for more information and a quote on
this or other medical benefits available.
Don’t let your business
go to pieces because of
short-term disability.
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CA-0F08481
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STD_3_2022 2/7/23 11:08 AM Page 1
Foundation Assistant Director of Operations Andrew
King said the latest interest rate news could further
delay the next upcycle for freight, which is now not
expected until the second quarter of 2025. With freight
rates already bottoming out, a lack of interest rate cuts
won’t send them further down.
David Spencer, vice president of market intelligence
at Arrive Logistics, had a more optimistic view of
the Federal Reserve’s latest announcement. Spencer
told Land Line that holding back on interest rate cuts
indicates continued economic strength. Rate cuts
are typically the result of high unemployment and
economic slowdowns, all of which can have a negative
impact on freight volume.
If or when an interest rate cut does come, it will not
be enough to move the needle much.
“A single cut of 0.25% or 0.5% will not produce
the changes needed to signicantly inuence related
demand,” Spencer said. “It could potentially take
reductions of hundreds of basis points over several
scal quarters for the economy to see meaningful
demand growth from rate cuts.”
In its monthly economic report in May, eet-
management company Motive predicted that the
freight recession will end in the third quarter of this
year.
“Motive is going beyond its previous prediction
of a more carrier-friendly market in (the second half
of 2024) and believes the most protracted freight
recession in history will end by September of this
year,” Motive stated in the report.
Relief from low freight rates may not come as soon
as many hope, but several market indicators suggest
that the only direction to go from here is up. LL
Relief from low freight rates may not come
as soon as many hope, but several market
indicators suggest that the only direction to
go from here is up.
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80 LAND LINE AUGUST/SEPTEMBER 2024
An S-Corporation is a designation in
the U.S. tax code for small businesses.
This is not a state designation, but you
must apply for it after setting up your
entity with the state.
When you see “Inc.” or “LLC” at
the end of a business name, it is not
just for show. Being a corporation
signies that a business is essentially
a separate entity from its owner.
Is it the right way to structure your
business? We all know the goal and
the biggest incentive in business
structure is to limit liability, to cut
costs and especially to reduce taxes.
Your choice of entity can impact all
of those.
So, what does it mean to be an
S-Corp?
If your business is a Limited
Liability Corporation, Incorporation
(Inc.), you typically will enjoy limited
liability, which means the company,
not the people who own it – the
shareholders, partners or investors –
will be held legally liable for debt and
other nancial obligations. (Consult
an attorney for more information
on liability.) However, if you are
the driver, you still can be held
responsible for your actions.
There are two crucial factors to keep
in mind for your S-Corp. First, you
will nd that the S-Corp status has
limits and requirements concerning
who can own your business.
The second factor involves payroll.
Of course, in paying employees as
an employer, you are required to pay
Medicare and Social Security taxes
on the wages. But what may not be as
obvious is that this includes the wages
you pay to yourself. The IRS requires
you to provide a “reasonable salary”
to yourself as an owner working in
the business. The IRS has also issued
S-Corp compensation and medical
insurance guidelines to help you
navigate the processes.
S-Corp ownership?
The IRS has fairly strict rules on who
can hold ownership in an S-Corp.
Per the IRS rules for electing this
status, you will have to meet these
requirements:
l You cannot have more than 100
shareholders.
l You can issue only one class of
stock.
l Your investors can be individuals,
as well as “certain trusts and
estates,” according to the IRS.
You and your spouse can be
considered one shareholder.
The same goes for members of a
family and their estates.
l You cannot have entities, such as
partnerships or corporations, as
investors.
l You also cannot have a
“nonresident alien” as a
shareholder, according to the IRS.
The agency stipulates a person
can be considered a resident
alien, even if he or she is not
a permanent resident or U.S.
citizen, as long as the individual
has been in the United States for
at least 31 days in the current year
and 183 days over the past three
years. Full details can be found
by checking out the “substantial
presence” test used by the IRS.
For more information on these rules
for an S-Corp, you can review the IRS
instructions for Form 2553, which
you will have to le to elect the status.
Pros
Some of the benets of an S-Corp
status include limited liability, lower
Social Security tax, lower Medicare
tax, pass-through status and other
potential deductions.
For most owner-operators,
decreased taxes and the pass-through
status are what provide great benets.
An advantage S-Corps have over
unincorporated businesses is that
owners of unincorporated businesses
are personally responsible for
paying Social Security and Medicare
taxes (collectively known as self-
employment tax) on all net earnings
from the business. Owners of S-Corps
who are also employees pay taxes
based only on their compensation.
If you structure your business
as an S-Corp, you will pay taxes
only on the money you earn from
your business, which is recorded as
personal income. Your business itself
is not taxed. The business les an
1120S, pays no tax at the federal level
and provides shareholders with a K-1
to report their share of the income on
their tax return.
Cons
Some of the negatives include
administrative complexity, restrictions
on shareholders, having an additional
By Barry G. Fowler Enrolled Agent
Trucking&Taxes
What is an S-Corp?
Yurii Kibalnik/stock.adobe.com
3_ Aug_Sept 2024.indd 803_ Aug_Sept 2024.indd 80 7/17/24 2:20 PM7/17/24 2:20 PM
AUGUST/SEPTEMBER 2024 LAND LINE 81
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tax return to le and equal
distributions.
In every state, there are some tax
and legal hoops to jump through
for your business to remain
compliant. These could be such
things as a requirement for annual
board or shareholder meetings
and for keeping minutes from
those meetings, as well as detailed
records of shareholders.
At the federal level, there are
other requirements that affect
how your prots are taxed. As an
S-Corp, you must le Form 2553
with the IRS within two months
and 15 days of the beginning of
the tax year to designate your
business an S-Corp for that year.
Once approved for S-Corp status,
you will le within two months
and 15 days of the end of each tax
year the 1120S income tax return
for S-Corps.
Let us not forget payroll taxes
and forms. Form 941 for payroll
tax is due quarterly, and the 940 is
due annually. W-2 forms also are
due annually. Don’t forget any of
these, as the penalties on payroll
taxes and forms can be costly and
overwhelming.
Many business owners nd
much of this daunting and have
trouble keeping up with the
paperwork involved in an S-Corp.
Where to begin
If you are looking to start a
business and choose S-Corp status,
here are a few steps to get started:
Choose a name for your
business. You will need to
check with your Secretary of
State’s oice to make sure no
one else has the name chosen.
Choose an entity type. Then
file the paperwork with the
Secretary of State to establish
your company.
Secure an employer
identification number.
Consider this the company’s
Social Security number or
taxpayer number. As this entity
is separate from you, the IRS
requires any business operating
as an LLC or corporation to
have one. You can apply online
or fill in the SS-4 and fax it in.
Elect S-Corp status. Once you
have registered as a corporation
in your state and have received
your EIN, you then must elect
to become an S-Corp with the
IRS. Since this is a designation
from the IRS, it is not automatic.
Within two months and 15 days,
you must complete the next
step of filing Form 2553. You
can find the location and fax
number for sending the form
in the instructions on the IRS
website.
Is an S-Corp right for you?
I suggest having a consultation
with both your attorney and tax
professional. As a tax professional,
I do not recommend S-Corp status
to everyone. I evaluate costs,
benets and time with owner-
operators to determine the right
path. Call TruckerTaxTools.com at
877-966-2477 for a consultation
on S-Corp status. LL
There are two crucial factors to
keep in mind for your S-Corp.
1
2
3
4
3_ Aug_Sept 2024.indd 813_ Aug_Sept 2024.indd 81 7/17/24 2:20 PM7/17/24 2:20 PM
82 LAND LINE AUGUST/SEPTEMBER 2024
RoadLaw
In this article, we review a recent case where all must
have been right in the universe for the outcome to
have come together as it did. While this case does not
represent the norm, it shows that a respectful defendant,
paired with a reasonable prosecutor and state trooper,
can come to a resolution that is factually based. The
following is a synopsis of how this case transpired.
Q
I received a traic ticket for speeding
in my personal vehicle and think there
might be a problem with the vehicle, because my
indicated speed was much lower than what the
oicer cited me for. Can you help?
A Yes. If you believe there is a vehicle defect,
then you should get the vehicle diagnosed and
supply any shop repair receipt or other information that
would help us in trying to get your ticket dismissed or
amended. If you have a good driving record as well,
that would help your case. Please order one so we can
submit it with our request to the court.
Attorney to Prosecutor: Mr. Client is a
commercial truck driver who recently received a
speeding ticket while operating his personal vehicle, a
2006 Chevrolet Silverado pickup, in or near X Town.
Attached is a copy of Mr. Client’s ticket, his current
three-year driver record and a shop-repair receipt
for diagnostic review and correction of the subject
vehicle’s speedometer. It’s our understanding that
said speedometer of the subject vehicle has now been
corrected and is reporting an accurate speed. As Mr.
Client is not a habitual offender of trafc laws and
has taken corrective action to ensure that the subject
vehicle is now reporting an accurate speed, he would
respectfully request your recommendation to allow him
to enter his plea of “guilty” to the amended charge of
“defective equipment.” In the alternative, Mr. Client
would respectfully request your recommendation to
allow him to enter his plea of “guilty” to the amended
speeding charge of “speeding 80/75.”
Prosecutor to Oicer: Good morning, Trooper. We
received the below email regarding a trafc ticket that
I believe you wrote re: a Mr. Client. Before responding
to the attorney, I was wondering if you have any input?
Generally, I won’t agree to reduce or amend a trafc
ticket unless the citing ofcer is in agreement. Thanks!
Oicer to Prosecutor: Regarding this stop, Mr.
Client passed by me at the cited speed as I was parked
on the shoulder. I brought him back to my patrol car
and had a nice and polite visit, as he was visiting family
in the area. Mr. Client stated he had purchased the
vehicle knowing there was an issue with the way the
gears were set up, and he assumed that is what caused
the discrepancy with what speed he thought he was
traveling. I have no issues with however you decide to
reduce the speed citation. The fact that he took the time
to remedy the issue is much appreciated by me!
Prosecutor to Attorney: Good morning. I reached
out to the citing ofcer after receiving your email and
have copied his response below in case you want to
share it with your client. I have no problem amending
to a defective-equipment charge. The easiest way to
accomplish this is probably to immediately mail in his
citation with a request for hearing. This must be done
within 14 days of the date of the citation, and I believe
he’s almost at the end of the allowable time. Then we
can take care of it on the record. If he is out of state, the
clerk of court’s ofce can assist him in ling paperwork
to request a hearing by Zoom.
Attorney to Prosecutor: Thanks for your reply and
recommendation. Yes, Mr. Client would respectfully
request that he be allowed to enter his plea of “guilty”
to the amended charge of “defective equipment.” Also,
our ofce will assist Mr. Client with contacting the
court clerk and requesting a hearing via Zoom. Thank
you again for your assistance in this matter. LL
We invite you to send any questions or comments regarding
transportation law to: Road Law, 3441 W. Memorial Road, Suite
4, Oklahoma City, OK 73134; to contact us through our website
at www.RoadLaw.net; or to call us at 405-242-2030. We look
forward to hearing from you.
By Je McConnell & James Mennella
Attorneys at Law
The stars align
3_ Aug_Sept 2024.indd 823_ Aug_Sept 2024.indd 82 7/17/24 2:20 PM7/17/24 2:20 PM
AUGUST/SEPTEMBER 2024 LAND LINE 83
Provide your family with quality
dental coverage through OOIDA.
Choose from two great Dental
Plans – the Value Plan and the
Premier Plan.
The Value Plan provides preventive
and basic dental benefits. The
Premier Plan provides preventive,
basic and major services (subject
to waiting periods).
Ask about the NEW Lifetime
Deductible!
Keep these pieces
healthy with
an OOIDA
Dental Plan.
Please call the Life & Health
Benefits Department at
816-229-5791
for more information and a
quote on this or other life and
health benefits available.
CA-0F08481
CA-0B80297
Dental_2_2024 1/10/24 12:12 PM Page 1
Heavy Highway Vehicle Use Tax deadline approaches
By Land Line sta
The deadline for the Heavy
Highway Vehicle Use Tax,
Form 2290, is almost here.
The federal highway use
tax is paid annually to the
Internal Revenue Service
on vehicles with a gross
weight of 55,000 pounds or
more operating on public highways.
The tax period runs July 1 to June 30 each year. For
trucks and other taxable vehicles in use during July,
Form 2290 and payments are usually due Aug. 31 with
no penalty. This year, Aug. 31 lands on the Saturday of
Labor Day weekend, so the deadline likely will shift to
Sept. 3, the Tuesday after Labor Day. But it’s still a good
idea to le early.
State governments require proof of payment of the
highway use tax as a condition of vehicle registration.
Those who register a heavy highway motor vehicle in
their name with a taxable gross weight of 55,000 pounds
or more must le Form 2290 and pay the tax.
For trucks operating with a combined gross vehicle
weight of 75,000 pounds or more, the fee is $550.
For newly purchased trucks, the fee is due on the last
day of the month following the rst month of use.
The following documentation is required when you le
your Form 2290, which can be done by mail or online:
l Business name and address
l Employer identification number (EIN)
l Vehicle identification number (VIN)
l Taxable gross weight of your truck
l First used month of your truck
OOIDA can help with filing
The OOIDA Permits and Licensing Department can
assist members with ling Form 2290 for a service fee.
Call 816-229-5791. There are other services out there,
but OOIDA cautions truckers to make sure they know
the full extent of the fees being charged before using a
service.
OOIDA also offers an online ling option. Go to
Members.2290s.com/OOIDA to le the form.
You will receive your Schedule 1 in minutes and can
e-le VIN corrections for free. For more information,
contact 2290s.com by calling 909-833-2290 or emailing
info@2290s.com. LL
DID YOU DID YOU
KK
NOWNOW
?
Listen to Land Line Now at
6 p.m. ET or on your favorite
podcast-streaming services.
We even have a handy link on
our website, LandLineNow.com,
to listen online.
It’s easy to stay in
touch with all the latest
trucking news.
3_ Aug_Sept 2024.indd 833_ Aug_Sept 2024.indd 83 7/17/24 2:20 PM7/17/24 2:20 PM
84 LAND LINE AUGUST/SEPTEMBER 2024
BusinessBriefs
Cross-border freight receives boost
Returning to an upward trend that began three and a
half years ago, cross-border freight hauled by trucks
went up signicantly in April, largely the result of a
surge in computer-related freight at
the southern border.
According to the latest numbers
from the Bureau of Transportation
Statistics, truck freight valued at
more than $90.5 billion
was hauled across the
borders in April. That was
an increase of 5% from
March and represented a rise of 11.5% compared to
April 2023.
April’s year-to-year increase was the largest
since January 2023, when trucking cross-border
freight went up by nearly 13%. Trucking freight
across North America has been trending upward
since November 2020, with only three decreases
since then: a 2% decrease in February 2021, a 1%
decrease in December 2023 and a 4.5% decrease in
March.
Cross-border freight hauled by trucks across the
U.S. northern border rose by 2.5% compared to April
2023. At the southern border, the value of freight
skyrocketed by 19%.
The top three truck commodities at the northern
border were computers/parts ($6.1 billion, down
0.5%), vehicles/parts ($5.6 billion, up 5%) and
electrical machinery ($2.6 billion, up 13%). At
the Mexican border, top commodities included
computers/parts ($12 billion, up 38%), electrical
machinery ($11.5 billion, up 17%) and vehicles/parts
($7.4 billion, up 10%).
Waabi sets the stage to deploy
driverless trucks in 2025
Waabi will be joining the ranks of autonomous truck
companies Kodiak Robotics and Aurora Innovation
in deploying fully driverless trucks in the United
States.
On June 18, driverless truck technology company
Waabi announced that it has raised $200 million
in Series B funding from some heavy hitters in the
tech and automotive industries. The company said
this injection of money will allow it to deploy fully
driverless trucks powered by generative AI in 2025.
For comparison, rival company Kodiak secured
$125 million in Series B funding in 2021, three years
after it started. Aurora raised more than half a billion
dollars in Series B funding in 2019, just two years
after it launched. But unlike Kodiak and Waabi,
Aurora’s technology has been integrated into both
passenger and commercial vehicles.
One of the newest driverless truck companies,
Waabi is generating a lot of interest. The latest round
of funding is being led by Uber and Khosla Ventures,
the latter of which has invested in big-name tech
companies like DoorDash, Instacart and OpenAI.
Other notable investors include NVIDIA, Volvo,
Porsche, Scania and an investment rm created by
IKEA’s founder.
Although Waabi got started several years later than
Kodiak and Aurora, it is already catching up to their
driverless truck technology. The company attributes
its rapid pace to the use of generative AI.
Waabi anticipates deploying fully driverless trucks
in Texas sometime next year. In April, it signed a
multi-year lease on an autonomous trucking terminal
near Dallas. Last year, the company began hauling
autonomous loads with Uber Freight between Dallas
and Houston.
Paccar recall prompts ‘do not drive’ order
for certain Kenworth, Peterbilt trucks
Paccar recalled several thousand Kenworth and
Peterbilt trucks of various models after discovering a
steering-related issue
similar to a recent
Mack and Volvo recall
that resulted in it
advising owners not to
drive the vehicles.
According to the
National Highway
$
Photo courtesy of Waabi
3_ Aug_Sept 2024.indd 843_ Aug_Sept 2024.indd 84 7/17/24 2:20 PM7/17/24 2:20 PM
AUGUST/SEPTEMBER 2024 LAND LINE 85
BusinessBriefs
Trafc Safety Administration, Paccar is recalling nearly
4,000 new Kenworth and Peterbilt trucks. The tie rod or
drag link assembly may contain an improperly heat-
treated ball stud, causing the ball stud to break. A broken
ball stud can cause a complete loss of steering control,
increasing the risk of a crash.
Kenworth trucks affected by the recall include (all
model year 2025) the K270, K370, T280, T380, T480,
T680, T880, W900 and W990.
Peterbilt trucks affected by the recall include (all
model year 2025) the 220, 536, 537, 548, 567, 579 and
589.
Dealers will inspect and replace the tie rod and drag
link assemblies for free. Notication letters will be sent
on Aug. 11.
Paccar is urging owners of affected trucks not to drive
the vehicles until dealers inspect and x the issue.
Trucking company owner convicted of
providing fraudulent documents to FMCSA
A jury convicted a New York trucking company owner
of ling fraudulent documents and making false
statements to a federal agency.
On June 21, a federal jury in the U.S. District Court
for the Western
District of New
York found Tony
Kirik, also known
as Anatoliy Kirik,
guilty on seven
counts of providing
false documents
and information to
the Federal Motor
Carrier Safety Administration in an attempt to conceal
an unsatisfactory safety rating.
Among the charges were:
• Conspiracy to defraud the United States and FMCSA
• Knowingly making and using materially false
and fraudulent documents in a matter within the
jurisdiction of the federal government
• Falsification of a record with the intent to impede,
obstruct and influence FMCSA’s investigation
• Making and aiding and abetting in the making of false
statements to an FMCSA investigator
According to federal prosecutors, Kirik went to
“extensive efforts” to avoid having the “conditional”
safety rating assigned to Orange Transportation
Services Inc. carry forward to a new company he
established, which operated as Dallas Logistics Inc.
The charges carry a maximum penalty of ve years
in prison and a $250,000 ne. Sentencing in the case is
scheduled for Oct. 28.
KC Scout website recovers from
cybersecurity attack
KC Scout announced on July 9 that its website
services, including live cameras, had been restored
following a cyberattack that compromised the system
in the spring.
The restoration follows a June 20 announcement
that KC Scout’s digital message boards again were
displaying real-time information after having been
shut down by the April cyberattack.
A joint statement from the Missouri and Kansas
Departments of Transportation reiterated that a full
restoration of services is ongoing. This includes
the KC Scout mobile app, real-time cameras on the
MoDOT and KDOT traveler maps and camera stream
access for media partners.
KC Scout utilizes some 400 cameras to monitor
highways in the Kansas City metropolitan area. Those
cameras have proven particularly critical for truckers
in adverse weather conditions. The service not only
provides real-time travel information but also is a
reliable source for verifying with a dispatcher whether
a trip should be paused, stopped or not started at all.
“The DOTs and KC Scout thank everyone for their
patience during the service outage and as efforts
toward complete service restoration continue,” the
joint statement said.
Emergency services through the Kansas and
Missouri DOTs are available. Both the Kansas
Highway Patrol Motorist Assist Vehicle and MoDOT
Emergency Response continue to run routes and
respond to incidents in their jurisdictions. LL
Gnublin/stock.adobe.com; Photo courtesy of KC Scout
3_ Aug_Sept 2024.indd 853_ Aug_Sept 2024.indd 85 7/17/24 2:20 PM7/17/24 2:20 PM
86 LAND LINE AUGUST/SEPTEMBER 2024
By Land Line staff
OOIDA
on the Road
OOIDA members – for life
Marty Ellis, driver for OOIDA’s tour truck, travels
around the United States to deliver the Association’s
message and to hear directly from truck drivers.
Often, he is greeted by familiar faces, including
some of OOIDA’s many life members. Such was the
case on recent trips, when he met several life members
who are committed to the Association’s efforts to ght
for the rights of all truckers.
Among those members were:
, a life member from
East Liverpool, Ohio, who
said he started pulling loads
at the age of 16. Echols has
played Santa Claus in his local
Christmas parade for 50 years
and is pictured with his dog,
Gunner.
, a life member
from Kingsbury, Texas, who
started driving in 1984 after
learning from his father-in-law.
He operates a 1996 International
9200 with a Detroit engine.
During his visit to the tour truck,
he even helped x a golf cart.
, a life member
from Mauriceville, Texas, who
recently celebrated 40 years in
the trucking industry. He’s been
a driver, dispatcher and owner-
operator. Currently, he hauls
seafood.
, a
life member from
Newton, N.H., who
has been trucking for
about 38 years after
learning from his
father. He worked
over the road for
about 30 years and
now moves trailers
around the yard and
in and out of the
dock. He also works
as a part-time CDL instructor. He is pictured with
his wife, Amy.
, a life member
from Rockaway, N.J.,
who operates for an auto
transport company. He said
he appreciates the informative
articles from Land Line
Magazine and looks forward
to reading every issue.
, a life
member from Northampton,
Pa., who has been trucking
for nearly 40 years. She said
her dad was a reghter and
that she started driving a re
truck when she was 18. LL
Photos by Marty Ellis
4_AugSept 2024.indd 864_AugSept 2024.indd 86 7/17/24 2:38 PM7/17/24 2:38 PM
AUGUST/SEPTEMBER 2024 LAND LINE 87
“Truck Driver’s Blues,” which is
considered the first original song
about the trucking industry, was
recorded by Cli Bruner and His
Boys. Written by Ted Daan, the song
became one of Bruner’s biggest hits.
The inspiration came from a stop
at a roadside diner by Daan, who
noticed every trucker who entered
the diner put a coin in the jukebox
before even placing an order. The
song reportedly sold more than
100,000 copies.
“They Drive By Night” starring
Humphrey Bogart was released. The
plot centers on two truck-driving
brothers, one of whom loses an
arm. According to Warner Bros., the
movie earned more than $1 million
domestically and more than $500,000
internationally during its initial run.
More than six decades later, it was
released on DVD by Warner Bros.
OOIDA members flooded the phone
lines at Association headquarters in
Grain Valley, Mo., trying to find how
to help in the wake of the Sept. 11
attacks. Other members called to
alert OOIDA about sudden jumps in
diesel prices in the hours after the
attacks.
OOIDA and Land Line personnel
made calls to identify the profiteers,
and the Association’s president at the
time, the late Jim Johnston, exposed
them in his September 2001 “Issues
and Positions” column.
“I want to assure the American
people that America’s truck drivers
are ready, willing and able to provide
assistance anywhere and everywhere
needed. And, despite reports from
members of fuel price gouging,
small-business professional truckers
will continue to do their part to meet
the transportation needs of the nation
and to keep the American economy
moving,” Johnston wrote.
OOIDA’s 45th anniversary
celebration was held in
conjunction with the 10th
annual Guilty By Association Truck Show in
Joplin, Mo.
“It was an epic weekend,” GBATS organizer
Bryan Martin told Land Line in 2018. “We
had 693 trucks registered, parked and on
site. It blows our old record out of the water.
In 2017, we had just over 500 trucks. That’s
an increase of nearly 200 trucks. That’s
amazing.”
OOIDA Executive Vice President Lewie
Pugh added, “It speaks volumes for the
success of GBATS and the 45th anniversary
celebration of OOIDA. We were proud to
sponsor the show.”
The annual truck convoy held at the event
for Special Olympics of Southwest Missouri
had 522 trucks participate, generating more
than $191,000 for the charity, an increase of
nearly $75,000 from the previous convoy.
“The show exceeded our wildest
expectations,” Martin said. LL
THIS MONTH
TRUCKING
HISTORY
Thanks to Western Star Trucks for its
generous provision of the 2022 57X as
the Spirit of the American Trucker
tour truck. Western Star’s support of
OOIDA, its mission and its members
is greatly appreciated.
ITINERARY FOR THE OOIDA
MOBILE DISPLAY: AUG./SEPT. ‘24
Aug. 2-3 Shiawassee County Truck Show
Corrunna, MI
Aug. 5-6 Speedway, Michigan City, IN
Aug. 8-10 Waupun Truck-n-Show
Waupun, WI
Aug. 13-14 Sapp Brothers, Salt Lake City, UT
Aug. 16-17 The Great Salt Lake Truck Show
Lehi, UT
Aug. 19-20 TA, Boise, ID
Aug. 22-23 Petro, Spokane, WA
Aug. 25-26 Gee Cee's, Toledo, WA
Aug. 28-31 Jubitz, Portland, OR
Sept. 12-14 Sheetz, Springfield, OH
Sept. 16-18 Truck World, Hubbard, OH
Sept. 20-21 ACT Road Angel Truckers Center Jamboree
Brownstown, IL
Sept. 23-24 Sheetz, New Concord, OH
Sept. 26-28 Petro, Raphine, VA
Sept.
30-Oct. 1 Sheetz, Mt. Jackson, VA
SpiritTruck AUGSEPT 2024 6/28/24 10:27 AM Page 1
4_AugSept 2024.indd 874_AugSept 2024.indd 87 7/17/24 2:38 PM7/17/24 2:38 PM
88 LAND LINE AUGUST/SEPTEMBER 2024
Photos courtesy of North Kansas City Chamber of Commerce
By Ryan Witkowski Staff Writer
Expect the unexpected
Often the unexpected things in life
are the most rewarding. I realize it
might not be everyone’s cup of tea,
but I do love a good surprise.
This month’s edition of Slight
Detour shines a light on those
unexpected – and sometimes
unwelcome – moments from the
road.
The undefeated
champion
Truck-eating bridges: They are
all over the country, waiting for
unsuspecting drivers to shear the
tops off their trailers like an Army
barber cutting hair on the rst day of
boot camp.
In Kansas City, Mo., there’s the
Independence Avenue Bridge – or
as locals lovingly refer to it, the
“Undefeated Champ.” It is tattered
and worn from years of battle with
all comers, weathered and grizzled
with a subtle grace, like the late Jack
Palance.
Despite the bridge’s unblemished
record and a bevy of warning
systems, truckers regularly test its
might. According to the Kansas City
Police Department, there have been
40 documented collisions with the
bridge since 2020 – each meeting a
similar fate.
The city has gone to exhaustive
efforts to warn drivers of the low
clearance, to no avail. Most recently,
the city installed warning curtains
ahead of the bridge, only to have
a truck take them out just six days
later.
So what to do after all of those
measures have failed? Well, I guess
you just lean into it.
That’s what the Northeast Kansas
City Chamber of Commerce is
doing. The group has awarded four
artists one wall of the bridge to paint
a mural paying homage to the truck-
eating monster.
The designs are nothing short of
phenomenal, with one showing a
troll waiting under the bridge as
he eyes a tasty truck and trailer
headed his way. Another shows a
truck driving into a mouth of a giant
“hungry-hungry” hippo, while yet
another, titled “Venus FlyTruck,” has
giant truck-eating plants feasting on
semis with wings.
The chamber hopes the murals
will help bring awareness to the
bridge while also helping to cover up
unsightly grafti that covers the
walls surrounding the Undefeated
Champ. Whatever the outcome, I
know it brought a smile to my face to
see the creativity of the artists. And
now, drivers who test the mighty
beast will have something nice to
look at while waiting for a tow truck.
A crappy situation
It has been a while since we have
covered a fecal asco in this column
– there for a while, it seemed like
once a month a truck was dropping a
deuce on unsuspecting victims – but
much like new leaves in the spring,
its return was seemingly inevitable.
For that tale of woe, we head to
the small town of Pomfret, Conn.
Nestled in the northeastern part
of the state, the small town with a
population of just over 4,000 was
once home to Academy Award-
winning actress Renée Zellweger.
That fact is not important, but it was
4_AugSept 2024.indd 884_AugSept 2024.indd 88 7/17/24 2:38 PM7/17/24 2:38 PM
AUGUST/SEPTEMBER 2024 LAND LINE 89
Expect the unexpected
legitimately the most interesting thing
I found about the place.
It’s also home to Ann Bedard,
who was the recent recipient of an
unanticipated dung delivery when
a truck transporting manure rolled
over at the intersection by her home,
spilling its load onto her lawn,
vehicles and home.
“It was like literally a waterfall of
brown,” Bedard told the local news.
“All of a sudden, we see the sewer
come out of the truck and then the
petrol was coming out of the top. It
was just ooded down our property.”
Some people paint vivid pictures
with words.
The bafing part to me, and
something I’ve often wondered: How
bad was the smell? According to
Bedard – who said her windows were
open the whole time – and one of the
members of the clean-up crew, it was
not that bad “even when it was fresh.”
I am not even sure how to process
that information, but I guess I will
have to take their word for it.
Ofcials said there was no
immediate safety threat from the spill
and that the area’s water – which
operates on a well system – was safe
to use. Bedard said she used the water
the next morning to make coffee,
proving she is far braver than I.
Well, this is awkward
Now it’s a good time to give some
praise to the quick-thinking daughter
of a trucker.
A driver in Florida recently had
his truck stolen. In what can only be
described as an act of serendipity,
the stolen truck was spotted by his
22-year-old daughter as she was
driving on the Palmetto Expressway.
The young woman, who wished
to remain anonymous, said she was
shocked to see her father’s truck
driving down the highway and
became a “little NASCAR driver” to
catch up to the stolen rig.
“We were following him for a very
long time, 20 to 30 minutes,” she
said. “He made this very awkward
turn, and then we had to make that
very awkward turn behind him.”
The young woman called the
authorities and tailed the truck the
whole time. Eventually, police were
able to bring the truck to a stop and
slap the cuffs on the thieves. The
woman’s father had some high praise
for his daughter after the incident.
“He said, ‘Eres una llegua,’” she
said. “A female horse. Like, ‘You’re a
beast,’ you know what I’m saying?”
I do know what you’re saying.
Kudos not only to that young
woman but also to her parents for
bringing her up right. She got that
dog in her. I know Father’s Day just
passed, but this might be the nicest
thing you could do for your dad.
Backyard hero
Most truckers have heard about
the Highway Hero award, but after
hearing this next story, I think we
may need a Backyard Hero award.
Bill
Boski was
recently
hanging out in
the backyard of
his Michigan home
with his friends Tyler
Whalen and John
Ptaszenski. While
the three men
were enjoying
the evening, a fourth decided
to join the trio – a raccoon that had
wandered out of the woods behind
Boski’s home.
As the three men and their new
woodland pal were enjoying each
other’s company, things took a turn
for the worse. Rocket the raccoon (as
the men had taken to calling him) had
dug in the trash and had found a piece
of cheese.
Whalen said that’s when the furry
critter did “this weird thing,” rearing
up on his hind legs and giving the
men “the universal sign for choking.”
“It was really strange,” Whalen
said. “I was like, ‘Billy, you might
want to check this out.’ Next thing I
know, Billy is over there patting him
on the back.”
I know, there is a lot to unpack
there, but I’ll keep moving.
Springing into action, Boski
performed what we’ll call a
“modied version” of the Heimlich,
raining down blows on the back of
his ring-tailed friend. After a little
coaching from Whalen, the efforts
paid off, and the piece of cheese
dislodged from the trash panda’s
throat.
Fortunately, the heroic act was all
caught on video, which soon went
viral. The men said they have not
seen Rocket since his near-fatal
encounter with the piece of cheese,
but I’m sure he’s thankful for the
assist. I’d like to think he told his
little raccoon friends about the time a
human saved his life. LL
Photo courtesy of NBC Connecticut; Photo courtesy of WPLG Local 10; Daniel/stock.adobe.com
4_AugSept 2024.indd 894_AugSept 2024.indd 89 7/17/24 2:38 PM7/17/24 2:38 PM
90 LAND LINE AUGUST/SEPTEMBER 2024
Harry Albers
Richard Augustyn
Jesse Barger
Kevin Beeman
Timothy Broxson
Frank Bursick Jr.
Wayne Callow
Douglas Chadbourne
Ken Clark
Mark Davis
Anthony Drozdowski
Gregory Dyer
Jeffrey Gash
Merlin Gooch II
Harvis Gregg Jr.
Antonio Hall
Richard Henderson
Robert Howell
Lawrence Jackson
Randy Jones
Terrel Keller
Phillip Kenny III
Scott Kooiker
Michael Krzes
Brian Linnell
Lonny Lofts
Joe Marsh
Arcenio Mera
James Nelson
John Nolan
Donald Nolen
Lonnie O’Diam
Kelly Owen
Diane Pacholke
Robin Pemberton
Fred Richards III
Jose Rodriguez
James Scates
Eric Schwartz
Stephen Somers
Thomas Sunderland
Michael Taylor
Charles Teasley
Martin Tittsworth
Anthony Villarreal
Roy Volkl
Avied Walker Jr.
Everett Wetherell
Christopher Allred
John W. Almeida II
Lorenzo Balmer
Mark R. Barrie
Franklin G. Bevier
Laura S. Bevier
Peter Blachowske
Mykhaylo Boskyy
Charles John Brandel
Aaron L. Bright
Shedrick L. Brown
Michael E. Calvert
Jorge R. Carmona
Mike J. Coy
Fabiano De Souza
Troy Edward Eutsler
Simion Fabian
Paulo Facchin-Perez
Michael J. Fagan
Christopher Ford
Donald Chris Fore
Nishaw Foy
Jiyuan Gao
Jeff Gitch
James A. Gund
Marco Gutierrez
Joseph A. Hanley
Gary Herren
Jonathan D. Hewitt
Rafael Hidalgo-Silvestre
Toby Holloman
Ivan Lee Hopkins Sr.
Tamas J. Hornyak
Ruslan G. Ibragimov
Lazar Ivanov
St. Clair P. Jackson
Steve W. Kaeck
Larry Klinginsmith
Scott Klinginsmith
Sherri Klinginsmith
Chunshen Kuo
Gerald G. Leader Jr.
Wayne M. Leavitt
Eric Lindon Lex
Mark M. Loftin
Michael L. Maher
Andrzej Mandelt
David J. Matousek
Michael McNutt
Terry L. Miller
Ghille Jason Mullings
Rod L. Myrick
Andrew Nelson Jr.
Joshua P. Newman
Neil Peterson
John M. Pinto
Phillip Powilleit
Javin D. Richardson
Rodney L. Roberts
Joseph M. Rojcewicz
Robert Rosa
Rodney Russell
David W. Schooler
Jeffred Scott
Reginald Seche
John Francis Sharlow Jr.
Harpreet Singh
Kanwaljeet Singh-Jassar
Alex J. Smith
Jacob Spei
Alexandru R. Stefanescu
Toby A. Stillians
Scott O. Taylor
Sam Trotter
Mike Ward
Daryl L. Wirth
Donald Franklin Yockey
Life Members
VISIT
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INFO OR
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& SENIOR MEMBERS
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favorite podcast streaming
services following the
show. We even have a
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LandLineNow.com, to
listen online.
4_AugSept 2024.indd 904_AugSept 2024.indd 90 7/17/24 2:38 PM7/17/24 2:38 PM
AUGUST/SEPTEMBER 2024 LAND LINE 91
Music
for the
Traveling
Soul
TRTRUSUS
aa
Truckers Radio US
a
Simple Radio
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Visit LandLineNow.com
and click on the
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The Land Line Now
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(6:30 a.m. Sundays)
TRUCKING
Burt County Fairgrounds in
Oakland, Neb. For more info, visit
TheMidwestClassicTruckShow.com.
Shiawassee County Fairgrounds in
Corunna, Mich. For more info, visit
ShiawasseeFair.com/truck-show.
Carlisle Fairgrounds in Carlisle, Pa.
For more info, visit CarlisleEvents.
com.
WNY Gas & Steam Association
Grounds in Alexander, N.Y. For more
info, visit ESATAOnline.org.
Lebanon, Va. For more info, visit
BigRigShowdown.com.
Waupun Community Center in
Waupun, Wis. For more info, visit
WaupunTruckNShow.com.
Seward County Fairgrounds in
Seward, Neb. For more info, visit the
show’s Facebook page.
Lehi, Utah. For more info, visit
SaltLakeTruckShow.com.
Perryville, Mo. For more info, visit
the show’s Facebook page.
Rock Falls Raceway in Eau
Claire, Wis. For more info, visit
BigRigTruckShows.com.
Stearns County Fairgrounds in Sauk
Centre, Minn. For more info, visit the
show’s Facebook page.
Indianapolis. For more info, visit
NTDC.Trucking.org.
Pacific Northwest Truck Museum
in Brooks, Ore. For more info, visit
PacificNWTruckMuseum.org.
Lancaster, Mass. For more info, visit
the show’s Facebook page.
Onaway Speedway in Onaway,
Mich. For more info, visit
OnawaySpeedway.com.
Kasson, Minn. For more info, visit
BigIronClassic.com.
St. Ignace, Mich. For more info, visit
StIgnace.com/EventsCalendar.
Texas Motorplex in Ennis, Texas. For
more info, visit NHRDA.com.
Paris, Ontario Fairgrounds. For more
info, visit TruckRide.ca.
W.H. Lyons Fairgrounds in Sioux
Falls, S.D. For more info, visit
SDConvoy.org. LL
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92 LAND LINE AUGUST/SEPTEMBER 2024
OOIDA.com
for more!
OOIDA
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AUGUST/SEPTEMBER 2024 LAND LINE 97
Airtab, LLC .................................................59
Back Taxes Help ...................................95
BH Tubes ....................................................95
Boomer Diesel Generator .............. 31
CAT Scale ..................................................... 17
Centramatic .............................................25
CMCI .............................................................. 35
Debrick Truck Line .............................96
Donvel ..........................................................94
DOT Physical USA, LLC ...................59
Eagle Capital Corporation ............93
Eckert & Associates, P.A. ..............94
Great American Chrome.................37
Howes Lubricator ................................27
Kade Logistics/Max Milles .......... 94
MBA Tax & Bookkeeping ...............94
OOFI Scholarship ..................................71
OOIDA Fuel Card .................................. 33
OOIDA Membership ..............................4
OOSI Business Services ...................11
OOSI Dental..............................................83
OOSI Life ......................................................57
OOSI MEC ....................................................... 7
OOSI Occupational Accident......99
OOSI Over the Road Gear ............. 92
OOSI Passenger Accident ............ 36
OOSI Short Term Disability ...........79
OOSI Spirit Truck Tour .......................87
OOSI Truck Insurance .........................9
OOSI Vision...............................................69
Penske Used Trucks ............................ 2
Road Law ..................................................95
Shell Lubricants ...................................... 3
St. Christopher .......................................97
Taxation Solutions Inc. .............81, 96
TaxHelpMD ................................................95
The Internet Truckstop ..................100
Todd D. Knapp CPA, PC ................... 93
Towaway Express, Inc. ....................95
Truck Parking Club .............................45
Truck To Success ..................................67
TruckDown Info International ....23
Truckers Final Mile ..............................97
TRUSA............................................................91
Vibratech TVD .........................................19
W.W. Williams ..........................................37
XFactors, Inc. .......................................... 93
Zamzow Manufacturing ................ 59
The index of advertisers is an editorial service of Land Line Magazine.
The publisher assumes no responsibility for errors and/or omissions.
PAGE PAGE
ADINDEX
CONTACT
US
816-229-5791
OOIDA: 7:30 a.m. to 5:30 p.m. Monday through Friday
LAND LINE: 8 a.m. to 5 p.m. Central Time Zone.
1 NW OOIDA Drive
Grain Valley, MO 64029
OOIDA.COM
LANDLINE.MEDIA
OOIDA.com
Helping truck drivers and
their families in times of crisis.
Reuniting truck drivers with
their family in the event of
loss of life, debilitating injury,
serious illness, a crisis at
home, or the need to make
mobility improvements at a
driver’s home.
truckersfinalmile.org
Respect and Dignity for the North American Truck Driver
A Veteran-Owned 501 (c) (3) Charity
For more information or to donate,
call 888-857-7871 or visit online.
Closed for Labor Day Sept. 2, 2024
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98 LAND LINE AUGUST/SEPTEMBER 2024
By SJ Munoz
Sta Writer
Got a ROSE or a RAZZBERRY?
Roses@LandLineMag.com. You also can check out Facebook.com/RosesAndRazzberries.
Razz
berries
Res
&
for a call for policies
seeking to protect truckers
from predatory towing practices.
At the Federal Motor Carrier Safety
Administration’s “Transparency in
Fees Commercial Motor Vehicle
Operators are Charged for Towing
and Recovery Services” meeting,
U.S. Transportation Secretary Pete
Buttigieg said, “This department
has been clear in our support of
protections against predatory towing
junk fees. Of course, there are
necessary and fair costs associated
with the towing of a commercial
vehicle. But some companies have
seen an opportunity to charge
exorbitant fees.” Doug Morris,
OOIDA director of state government
affairs, went a step further in urging
FMCSA to take signicant action.
“Let’s not just check a box and say
we had another meeting,” Morris
said. “Let’s do something about it.”
for the inclusion of
truck parking projects in the
Iowa Transportation Commission’s
2025-2029 Transportation
Improvement Program. The
program will allocate $4.5 billion
in state and federal funds over the
next ve years. The Commission
said it prioritizes investments that
improve the safety and condition of
existing state highways and bridges.
“One of the Commission’s program
objectives is to support accessibility
by investing in truck parking at
interstate rest areas and to invest
in vault toilets at parking-only
sites,” Stuart Anderson, director
of the Iowa DOT’s Transportation
Development Division, told Land
Line. A project was recently
completed to add 24/7 modern
restroom facilities at two weigh
stations along the interstate system,
while work is underway on a project
to expand truck parking by 18
spaces at the rest area located along
Interstate 80 eastbound near Victor.
for the
latest text messaging scam
targeting EZDriveMA customers.
The Massachusetts Department of
Transportation said scammers are
claiming to represent the state’s
tolling agency and requesting
payments for unpaid tolls. “The
targeted phone numbers seem to
be chosen at random and are not
uniquely associated with an account
or usage of toll roads,” MassDOT
said. Customers are reminded that
EZDriveMA will never request
payment by text message and
that all links associated with the
tolling agency will contain www.
EZDriveMA.com. Similar text
messaging scams have been
reported across the country. In
fact, the E-ZPass Group informed
customers nationwide about ongoing
text messaging scam attempts in late
April. The FBI said it had received
more than 2,000 complaints from at
least three states at that time.
to a truck
driver who set re to Swift
Transportation trailers in multiple
states. Viorel Pricop, 66, of Allen
Park, Mich., was sentenced to 10
years in prison by a California
federal judge and was ordered to
pay nearly $650,000 in restitution.
A jury found Pricop guilty of
six counts of arson of vehicle or
property in interstate commerce
after he set re to Swift trailers in
six different Southern California
cities. He still faces charges for
burning Swift trailers in two other
states. The multi-state arson spree
against Swift came after Pricop
was released from prison after
serving time for federal charges
related to the theft of Swift cargo.
“This defendant was given a second
chance but chose to throw it away
and go on a national campaign of
revenge,” United States Attorney
Martin Estrada said in a statement.
“By setting re to trailer after trailer
with the drivers inside the trucks, he
recklessly put people’s lives at risk.”
to the police ofcer
and bystanders who helped
rescue a truck driver who was
trapped after a crash in Utah. A
witness video posted on the KSL-
TV website showed a truck engulfed
in ames near the Little Cottonwood
Canyon area. The driver was pulled
from the re and debris by witnesses
and an ofcer from the Canyon
Patrol Unit, who requested that
only his last name, Wilson, be used
in reports. “Without this ofcer
jumping in there, none of this would
have happened,” Justin Morgan,
a witness who assisted with the
rescue and called 911, told the NBC
afliate in Salt Lake City. The driver
was treated for multiple injuries but
is expected to recover. LL
Every year, thousands of truckers are injured on the job. OOIDA
is one of the best alternative sources for Occupational Accident
coverage for both owner-operators and fleets. Our program
offers protection against work-related injuries.
And our current rates are guaranteed through May 2027.
Three Occupational Accident policy limits are available:
(These are all combined single-limit policies.)
$500,000
$1,000,000 (with Motor Carrier Indemnification)
$2,000,000 (with Motor Carrier Indemnification)
• All three policies pay up to 100% coverage for medical
expenses incurred due to an occupational accident with
NO DEDUCTIBLE.
• Coverage includes disability and accidental death and
dismemberment.
• There are also limited benefits for dental expenses
and non-occupational accidents.
• Owner-operators and drivers will also get the added
protection of travel assistance services and identity
theft resolution services.
Make sure you have
the pieces in place
to protect yourself.
Please call the Life & Health Benefits Department
at 816-229-5791 for
more information and a quote on this or
other life and health benefits available.
NEW plans
available for
Drive-away
operations!
The rates on
OOIDA’s
Occupational
Accident Plans
haven’t changed
since 2006!
CA-0F08481
CA-0B80297
OccAccident_Emerg_7_2024 6/13/24 11:47 AM Page 1
4_AugSept 2024.indd 984_AugSept 2024.indd 98 7/17/24 2:38 PM7/17/24 2:38 PM
By SJ Munoz
Sta Writer
Every year, thousands of truckers are injured on the job. OOIDA
is one of the best alternative sources for Occupational Accident
coverage for both owner-operators and fleets. Our program
offers protection against work-related injuries.
And our current rates are guaranteed through May 2027.
Three Occupational Accident policy limits are available:
(These are all combined single-limit policies.)
$500,000
$1,000,000 (with Motor Carrier Indemnification)
$2,000,000 (with Motor Carrier Indemnification)
• All three policies pay up to 100% coverage for medical
expenses incurred due to an occupational accident with
NO DEDUCTIBLE.
• Coverage includes disability and accidental death and
dismemberment.
• There are also limited benefits for dental expenses
and non-occupational accidents.
• Owner-operators and drivers will also get the added
protection of travel assistance services and identity
theft resolution services.
Make sure you have
the pieces in place
to protect yourself.
Please call the Life & Health Benefits Department
at 816-229-5791 for
more information and a quote on this or
other life and health benefits available.
NEW plans
available for
Drive-away
operations!
The rates on
OOIDA’s
Occupational
Accident Plans
haven’t changed
since 2006!
CA-0F08481
CA-0B80297
OccAccident_Emerg_7_2024 6/13/24 11:47 AM Page 1
4_AugSept 2024.indd 994_AugSept 2024.indd 99 7/17/24 2:38 PM7/17/24 2:38 PM
100 LAND LINE AUGUST/SEPTEMBER 2024
4_AugSept 2024.indd 1004_AugSept 2024.indd 100 7/17/24 2:38 PM7/17/24 2:38 PM
