    [Senate Hearing 119-173]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 119-173

                        SHIFTING GEARS: ISSUES IMPACTING
             THE TRUCKING AND COMMERCIAL BUS INDUSTRIES IN THE U.S.

    =======================================================================

                                    HEARING

                                   before the

                      SUBCOMMITTEE ON SURFACE TRANSPORTATION,
                         FREIGHT, PIPELINES, AND SAFETY

                                     OF THE

                             COMMITTEE ON COMMERCE,
                          SCIENCE, AND TRANSPORTATION
                              UNITED STATES SENATE

                        ONE HUNDRED NINETEENTH CONGRESS

                                 FIRST SESSION

                                   __________

                                 JULY 22, 2025

                                   __________

        Printed for the use of the Committee on Commerce, Science, and
                                 Transportation

    [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

                    Available online: http://www.govinfo.gov

                                    __________

                       U.S. GOVERNMENT PUBLISHING OFFICE
    61-704 PDF                  WASHINGTON : 2025

    -----------------------------------------------------------------------------------

           SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                        ONE HUNDRED NINETEENTH CONGRESS

                                 FIRST SESSION

                           TED CRUZ, Texas, Chairman
    JOHN THUNE, South Dakota             MARIA CANTWELL, Washington,
    ROGER WICKER, Mississippi                Ranking
    DEB FISCHER, Nebraska                AMY KLOBUCHAR, Minnesota
    JERRY MORAN, Kansas                  BRIAN SCHATZ, Hawaii
    DAN SULLIVAN, Alaska                 EDWARD MARKEY, Massachusetts
    MARSHA BLACKBURN, Tennessee          GARY PETERS, Michigan
    TODD YOUNG, Indiana                  TAMMY BALDWIN, Wisconsin
    TED BUDD, North Carolina             TAMMY DUCKWORTH, Illinois
    ERIC SCHMITT, Missouri               JACKY ROSEN, Nevada
    JOHN CURTIS, Utah                    BEN RAY LUJAN, New Mexico
    BERNIE MORENO, Ohio                  JOHN HICKENLOOPER, Colorado
    TIM SHEEHY, Montana                  JOHN FETTERMAN, Pennsylvania
    SHELLEY MOORE CAPITO, West Virginia  ANDY KIM, New Jersey
    CYNTHIA LUMMIS, Wyoming              LISA BLUNT ROCHESTER, Delaware
                     Brad Grantz, Republican Staff Director
               Nicole Christus, Republican Deputy Staff Director
                         Liam McKenna, General Counsel
                       Lila Harper Helms, Staff Director
                     Melissa Porter, Deputy Staff Director
                         Jonathan Hale, General Counsel
                                     ------

     SUBCOMMITTEE ON SURFACE TRANSPORTATION, FREIGHT, PIPELINES, AND SAFETY

    TODD YOUNG, Indiana, Chairman        GARY PETERS, Michigan, Ranking
    JOHN THUNE, South Dakota             AMY KLOBUCHAR, Minnesota
    ROGER WICKER, Mississippi            BRIAN SCHATZ, Hawaii
    DEB FISCHER, Nebraska                EDWARD MARKEY, Massachusetts
    DAN SULLIVAN, Alaska                 TAMMY DUCKWORTH, Illinois
    ERIC SCHMITT, Missouri               BEN RAY LUJAN, New Mexico
    BERNIE MORENO, Ohio                  ANDY KIM, New Jersey
    SHELLEY MOORE CAPITO, West Virginia

                               C O N T E N T S

                                  ----------
                                                                       Page
    Hearing held on July 22, 2025....................................     1
    Statement of Senator Young.......................................     1
    Statement of Senator Peters......................................     2
    Statement of Senator Cantwell....................................     4
    Statement of Senator Cruz........................................    45
    Statement of Senator Moreno......................................    48
    Statement of Senator Lujan.......................................    51
    Statement of Senator Fischer.....................................    53
    Statement of Senator Klobuchar...................................    56
    Statement of Senator Markey......................................    58
        Letter dated July 22, 2025 to Hon. Todd Young and Hon. Gary
          Peters from Zach Cahalan, Executive Director, Truck Safety
          Coalition (TSC)............................................    60

                                   Witnesses

    Chris Spear, President and Chief Executive Officer, American
      Trucking Associations..........................................     5
        Prepared statement...........................................     7
    Lewie Pugh, Executive Vice President, Owner-Operator Independent
      Drivers Association............................................    18
        Prepared statement...........................................    19
    Fred C. Ferguson, President and Chief Executive Officer, American
      Bus Association................................................    30
        Prepared statement...........................................    32
    Sean M. O'Brien, General President, International Brotherhood of
      Teamsters......................................................    34
        Prepared statement...........................................    36

                                    Appendix

    Letter dated July 21, 2025 to Hon. Todd Young and Hon. Gary
      Peters from Advocates for Highway and Auto Safety..............    65
    Anne C. Reinke, President and CEO, Intermodal Association of
      North America (IANA), prepared statement.......................    70
    Commercial Vehicle Safety Alliance (CVSA), prepared statement....    72
    Response to written questions submitted to Chris Spear by:
        Hon. Todd Young..............................................    80
        Hon. Maria Cantwell..........................................    82
        Hon. Amy Klobuchar...........................................    84
        Hon. Tammy Duckworth.........................................    85
        Hon. Ben Ray Lujan...........................................    85
    Response to written questions submitted to Lewie Pugh by:
        Hon. Roger Wicker............................................    87
        Hon. Todd Young..............................................    87
        Hon. Maria Cantwell..........................................    88
        Hon. Tammy Duckworth.........................................    89
        Hon. Ben Ray Lujan...........................................    90
    Response to written questions submitted to Fred C. Ferguson by:
        Hon. Todd Young..............................................    90
        Hon. Maria Cantwell..........................................    91
        Hon. Tammy Duckworth.........................................    92
        Hon. Ben Ray Lujan...........................................    94
    Response to written questions submitted to Sean M. O'Brien by:
        Hon. Roger Wicker............................................    94
        Hon. Maria Cantwell..........................................    95
        Hon. Tammy Duckworth.........................................    96

                        SHIFTING GEARS: ISSUES IMPACTING
             THE TRUCKING AND COMMERCIAL BUS INDUSTRIES IN THE U.S.

                                  ----------

                             TUESDAY, JULY 22, 2025

                                   U.S. Senate,
      Subcommittee on Surface Transportation, Freight,
                                 Pipelines, and Safety,
            Committee on Commerce, Science, and Transportation,
                                                        Washington, DC.
        The Subcommittee met, pursuant to notice, at 10 a.m., in
    room SR-253, Senate Russell Senate Office Building, Hon. Todd
    Young, Chairman of the Subcommittee, presiding.
        Present: Senators Young [presiding], Cruz, Fischer, Moreno,
    Peters, Cantwell, Klobuchar, Markey, and Lujan.

                 OPENING STATEMENT OF HON. TODD YOUNG,
                       U.S. SENATOR FROM INDIANA

        Senator Young. Good morning, everyone. As we look forward
    to a timely opportunity to review the current landscape of
    these industries and to inform our work on this committee as we
    draft legislation.
        Over the past few hearings I have made it a priority to
    examine where within our Federal ecosystem outdated or
    unnecessary rules exist, if there are any, rules that don't
    impact the safety of our roads, or that can be costly for those
    in the private sector looking to increase safety, improve
    efficiency, and innovate to create a more robust and effective
    industry that helps power our economy.
        For instance, last week during our nomination hearing of
    Mr. Barrs to serve as administrator of the Agency, I commented
    on FMCSA rules, which would require truck drivers to manually
    place warning triangles behind a vehicle when it is stopped or
    pulled over. In the most severe circumstances, this could
    require drivers to exit their vehicles in severe weather when
    visibility might be poor, and walk along busy highways next to
    oncoming traffic.
        I think we all understand the benefit of informing other
    drivers of stopped vehicles on the shoulder of the road, but if
    there are avenues that could allow for industry to provide the
    same or greater level of efficacy while increasing safety, then
    I believe Congress should remove bureaucratic red tape
    prohibiting this innovation.
        This is just one example where I think we can improve upon
    our rules and regulations to give industry more flexibility to
    innovate and voluntarily deploy different technologies and
    applications to advance the safety of our roads. I hope this
    hearing could help highlight additional opportunities as we
    work on this Surface Transportation Reauthorization.
        Our reauthorization work also provides a pathway to
    accomplish common-sense policy solutions to address issues
    crippling our transportation network. Earlier this Congress, I
    led a hearing in this subcommittee examining the drastic rise
    of cargo theft and how it hurts businesses, our supply chains,
    and the American people.
        That hearing highlighted the complexity of freight fraud,
    and cargo theft, and the need for Congress to take a
    comprehensive approach to stopping these criminals. Since that
    hearing, I have learned of the need to update regulations,
    implement safeguards for consumers and businesses, ensure our
    law enforcement agencies are well equipped and prepared to
    respond to any wrongdoing, and encourage or provide for greater
    cross-government collaboration.
        This hearing provides an opportunity to further these
    conversations and to hear from industry leaders representing
    voices afflicted by the freight fraud and how we can work to
    address these issues together.
        I know this is of the utmost importance to the Chairman of
    the Full Committee, Senator Cruz, as well as our colleagues on
    the Democratic side of the aisle, and I stand ready to work
    with them to address this national and economic crisis.
        Last, I believe for our commercial trucking and bus
    industries, I believe that they are the safest, most effective
    and--among the most effective industries we have, and we must
    also focus on improving our roadway infrastructure so that they
    continue to be so.
        This includes maintaining road quality and focusing Federal
    funding to leverage state, local, and private dollars for
    infrastructure projects that will vastly improve roadway
    safety. My home state of Indiana is home to over 97,000 miles
    of public roadways. And as the crossroads of America, Hoosiers
    rely heavily on our transportation infrastructure.
        In Evansville, Indiana, I have been working hard for years
    to secure Federal funding for the I-69 Ohio River Crossing
    Project to fill a critical final gap in the Nation's
    transportation infrastructure, as it links I-69 between
    Kentucky and Indiana over the Ohio River.
        This is the type of project which will mitigate traffic
    congestion, improve overall roadway safety, and significantly
    leverage non-Federal dollars, the type of project where Federal
    infrastructure dollars should be focused.
        We have an experienced panel here with leaders representing
    voices across the commercial trucking and bus industries. So I
    thank all of you for your willingness to testify here today and
    for your contributions to our dialogue.
        I now recognize Ranking Member Peters for any opening
    remarks he might have.

                    STATEMENT OF HON. GARY PETERS,
                       U.S. SENATOR FROM MICHIGAN

        Senator Peters. Thank you, Chairman Young, and thank you to
    our esteemed witnesses for being here with us here today.
        Today we will be hearing from the trucking and motor coach
    industries and workforce about the day-to-day challenges they
    face, and how Congress can come together to hopefully address
    them. Our nation's truck drivers are the backbone of our
    economy. These frontline workers spend long hours, often away
    from their families, at all times of day and night transporting
    goods across the country to America's communities.
        In fact, in Michigan, over 80 percent of our communities
    depend exclusively on trucks to move their goods, especially in
    those rural, hard-to-reach corners of our state. It is not an
    exaggeration to say that the trucking industry touches every
    American's daily life each and every day. That is especially
    true for Americans who have made trucking their career. There
    are nearly 250,000 trucking jobs in Michigan alone and making
    up one in fifteen jobs throughout my state.
        From long- and short-haul drivers, to mechanics,
    dispatchers, logistics coordinators, these jobs provide key
    opportunities for Michiganders. And I am committed to making
    sure that these jobs live up to their promise for Michiganders
    by providing fair wages, health care, and retirement benefits.
        And that is why I am proud to have one of the foremost
    leaders of that fight here to testify today, Teamsters'
    President, Sean O'Brien. Mr. O'Brien and members of this panel
    know today very well, the single most important factor in
    success of our truck drivers, and this industry, as well as for
    road users across the country, is safety.
        And I believe this committee must prioritize safety in the
    next Surface Transportation Reauthorization Bill for both
    truckers and those who share the road with. From the deployment
    of advanced safety technologies, and driver assistance systems,
    to investing in safer streets, stronger bridges, tackling truck
    parking issues, and defending the drivers access to rest, and
    bathrooms, and to addressing both the freight fraud and theft
    as well.
        I look forward to hearing from our witnesses today on how
    they think Congress and the Federal Motor Carrier Safety
    Administration can tackle these issues, and how we can ensure
    the FMCSA follows through on effective enforcement. I know the
    FMCSA will need resources and direction from Congress to do
    this, and I hope we can work across the aisle to make it
    happen.
        And finally, I want to acknowledge that today's trucking
    industry, as well as all freight and multimodal industries, is
    facing incredibly challenging economic environment with this
    administration's chaotic approach to tariffs. This doesn't just
    impact truckers and consumers, changing rules, raising prices,
    and economic uncertainty, impacts the manufacturers who build
    the trucks, that move our goods and keep our drivers safe.
        In Michigan, our robust commercial vehicle manufacturing
    supply chain relies on cross-border trade with Canada and with
    a global supply chain. Many of these businesses have been
    forced to consider laying off workers or pausing investments
    due to a lack of certainty created by constantly shifting
    tariff policies.
        We can and should pursue policies to create commercial
    trucking manufacturing jobs here at home. But continued chaos
    will only serve to harm U.S. manufacturers, consumers, and our
    intermodal freight system.
        I am thoroughly looking forward to learning more about the
    challenges in this space as well from each of our panelists
    today. Thank you again for our witnesses for being here today
    and for your contributions to this industry that critically
    support the American economy.
        Thank you, Mr. Chairman.
        Senator Young. Thank you, Senator Peters.
        Senator Cantwell, you are recognized.

                   STATEMENT OF HON. MARIA CANTWELL,
                      U.S. SENATOR FROM WASHINGTON

        Senator Cantwell. Thank you, Mr. Chairman, and thank you to
    you and Senator Peters for holding this important hearing. It
    is a very important issue, in general, our transportation
    network, and certainly moving forward on a Service
    Transportation Bill.
        In Washington, our state, our economy runs on ports, and
    runs on trade, and relies on the efficient movement of those
    goods, the trucks carrying a majority of freight in our state,
    moving nearly $400 billion worth of goods every year. So the
    industry's contribution to our economy cannot be
    underestimated.
        We must emphasize the importance, as my colleague from
    Michigan just did, on the safety of commercial vehicles. Last
    year, we had 54 fatal accidents in the State of Washington
    involving large trucks. These incidents have devastating
    impacts on the families and the communities.
        And just this past weekend, we saw a serious one with
    environmental consequences, a fuel truck crashed off Highway
    101, spilling 3,000 gallons of diesel gasoline, jeopardizing
    tap water for 19,000 people, and damaging vulnerable salmon
    habitat. So as we consider the Surface Transportation Act, yes,
    safety must be a priority for that.
        We know the cost of increase of transportation goods are
    being felt by consumers. My colleague just mentioned that as
    well. Delays due to congestion add more than a hundred billion
    dollars to the cost of moving goods every year. And that is why
    in the Bipartisan Infrastructure Bill, I made sure everybody
    knew: Freight can't wait. If we don't have freight moving, we
    lose our competitiveness as a nation.
        And that is why the Mega Program, the INFRA Program, and
    the Ports Grant program are all about eliminating the
    bottlenecks that happen in transportation that mean we can't
    get our product to market in a timely fashion. 34,000 truck
    drivers in the State of Washington are essential to that
    freight network and the amount of freight moved by trucks
    across our state is expected to increase in the next 20 years.
        So we must ensure that drivers have fair wages, access to
    safe resting places, and high quality training programs. And in
    addition, we have got to get rid of the high cost of tariffs
    and the impact that they are having on our economy. Proposed
    tariffs on trucks and truck parts could increase the cost of a
    new truck by $35,000. And on top of that, fluctuations in
    freight volumes as business scrambled to respond to on-again,
    off-again policies have also caused uncertainty for truck
    drivers.
        Last month, the Port of Seattle and Tacoma reported that
    20--reported 20 percent fewer truck visits to the port compared
    to June the previous year. So we obviously are seeing the
    impact at our ports. So Congress must do everything we can to
    help in this effort.
        So thank you, Mr. Chairman, and look forward to working
    with you and the Ranking Member on these important Surface
    Transportation Acts, and will be back to ask questions after
    the witnesses. Thank you.
        Senator Young. Thank you, Senator Cantwell.
        We are going to dive right in. I would like to introduce
    our witnesses for today. Each of them has extensive knowledge
    about the truck and motor coach industries.
        Our first witness is Mr. Chris Spear, President and CEO of
    the American Trucking Associations, his own extensive
    experience in transportation and public policy, having held
    senior positions at Hyundai Motor Company, Honeywell
    International, and served as the Assistant Secretary of Labor
    for Policy, at the U.S. Department of Labor. Welcome, sir.
        Our second witness is Lewie Pugh, Executive Vice President
    of the Owner-Operator Independent Drivers Association. Before
    joining OOIDA, Mr. Pugh was an owner operator for nearly 23
    years, and he earned the distinguished Million-Miles Safe
    Drivers Award. Welcome, sir.
        Our third witness today is Mr. Fred Ferguson, he is
    President and CEO of the American Bus Association. Mr. Ferguson
    also serves as the President of the National Bus Traffic
    Association, and the ABA Foundation. He has over 15 years of
    experience in public policy across the government, nonprofit,
    and private sectors. Welcome, sir.
        And then last, but not leastly, our final witness is Mr.
    Sean O'Brien. He is General President of the International
    Brotherhood of Teamsters. Mr. O'Brien is a fourth-generation
    Teamster, a union that represents over one million workers
    across the United States of America and Canada. It is a
    privilege to have you here, sir. Welcome.
        So we will now recognize Mr. Spear to deliver his opening
    statement. Mr. Spear, you are recognized for 5 minutes.

        STATEMENT OF CHRIS SPEAR, PRESIDENT AND CHIEF EXECUTIVE
                OFFICER, AMERICAN TRUCKING ASSOCIATIONS

        Mr. Spear. Thank you, Chairman Young, Ranking Member
    Peters, and Members of the Subcommittee. I want to thank you
    for the opportunity to testify today on behalf of the American
    Trucking Associations.
        For over 90 years, ATA has represented an industry that
    today employs 8.5 million of the hardest working men and women
    in the country. We appreciate your commitment to safety. Every
    American benefits from a modern, safe, and efficient
    transportation network. It is even more essential to the three
    and a half million truck drivers who are indispensable to our
    way of life. Roads and bridges are their shop floor.
        ATA was among the first to support passage of the landmark
    Bipartisan Infrastructure Law, which boosted highway funding by
    38 percent. Unfortunately, rising construction costs and red
    tape have eroded the impact of Federal grants. One consequence
    is record-high congestion now costing our economy more than
    $109 billion, the equivalent of 435,000 truck drivers sitting
    idle for an entire year.
        The next infrastructure bill has got to, not only alleviate
    those bottlenecks, but prioritize other critical projects like
    truck parking. There is currently one parking space for every
    11 truckers. Expanding parking access is not only the right
    thing to do for road safety, it is the bare minimum we owe our
    drivers, particularly women drivers who deserve a secure, well-
    lit place to rest.
        Trucking offers a pathway to rewarding careers. That was
    the motivation behind the Safe Driver Apprenticeship Pilot
    Program established by Chairman Young, and Full Committee
    Ranking Member Cantwell, which allow qualified 18-, 19-, and
    20-year-olds to operate safely in interstate commerce. Every
    member of this panel should be invested in creating pathways
    for 18 to 20-year-olds to operate safely in interstate commerce
    and to be able to access good paying jobs in the trucking
    industry.
        However, self-serving, factless claims that there is no
    driver shortage undermine the serious work of this committee.
    Driver pay does not go up 19 percent during a freight recession
    unless there is a shortage of qualified drivers. You may also
    hear today about how the Biden-Su Independent Contractor Rule
    helps our Nation's 350,000 independent truckers.
        I encourage members of this committee to actually ask the
    independent contractors about that, because they are going to
    tell you that this rule takes away their freedom of choice to
    be their own boss and to grow their own business.
        The trucking industry goes to great lengths to keep
    roadways safe. Every year, motor carriers invest $14 billion in
    safety technologies and driver training, including
    apprenticeships. ATA is ready to partner with this subcommittee
    and the DOT on deploying proven technologies that focus
    drivers' awareness as well as mitigate and reduce crashes.
        Ground-breaking developments in the autonomous vehicle
    space hold future promise for improving safety while enhancing,
    not displacing, the invaluable role of truck drivers, our
    industry's greatest asset. The most important safety action we
    can take is ensuring that unsafe drivers do not get behind the
    wheel in the first place. That requires drivers being
    proficient in the English language, as well as proven drug
    testing protocols.
        As more states legalize recreational marijuana, and opioids
    plague our communities, Federal acceptance of both oral and
    hair testing are vital to keep unsafe drivers off the road.
        Another issue that should unite us is addressing the
    meteoric rise of cargo theft. This economic and national
    security threat has exploded in a few--in the last few years
    with annual losses now totaling a staggering $35 billion. To
    protect our supply chain and employees, we need legislation to
    combat fraud and empower Federal law enforcement to take the
    lead. ATA testified 25 times before Congress, helping shape the
    current Highway Bill. Today is our seventh hearing in just 7
    months.
        We fully understand your responsibility is the safety
    title, arguably the most important title in the Highway Bill.
    This effort is transformational opportunity, it is not only
    going to help our industry, but the entire supply chain and our
    Nation's economy.
        Thank you again for your leadership and I look forward to
    answering all of your questions.
        [The prepared statement of Mr. Spear follows:]

       Prepared Statement of Chris Spear, President and Chief Executive
                                   Officer,
                         American Trucking Associations
    Introduction
        Chairman Young, Ranking Member Peters, and members of the
    Subcommittee, I am grateful for the opportunity to testify today on the
    key issues facing the trucking industry. I am the President & CEO of
    the American Trucking Associations (ATA), a 90-year-old federation and
    the largest national trade organization representing the 8.5 million
    men and women working in the trucking industry, including more than 3.5
    million professional truck drivers.
        As a 50-state federation that encompasses 37,000 motor carriers and
    suppliers, ATA proudly represents every sector of the industry. From
    less-than-truckload to truckload carriers, from agriculture and
    livestock transporters to auto haulers and household goods movers, and
    from large fleets to mom-and-pop one-truck operators, ATA serves as the
    single unified voice of the trucking industry.
        Trucking is the backbone of the Nation's economy, with more than 80
    percent of U.S. communities relying exclusively on trucking to meet
    their freight transportation needs. According to Federal data, heavy
    and tractor-trailer truck driver is a top-ten most common occupation in
    18 states.\1\ These truck drivers are the unsung heroes of our supply
    chain and keep the wheels of our economy turning. In 2023, they drove
    almost 330 billion miles--the equivalent of 13 million trips around the
    globe--to deliver roughly 11.4 billion tons of freight,\2\ 73 percent
    of the Nation's annual tonnage.\3\ Over the next decade, those drivers
    will be tasked with hauling an additional 2.7 billion tons of freight
    above current volumes.\4\
    ---------------------------------------------------------------------------
        \1\ Occupational Employment and Wage Statistics. U.S. Department of
    Labor, Bureau of Labor Statistics. May 2024. https://www.bls.gov/oes/
    current/oessrcst.htm
        \2\ American Trucking Trends 2025. American Trucking Associations,
    2025.
        \3\ Freight Transportation Forecast 2024 to 2035. American Trucking
    Associations, 2024.
        \4\ Ibid.
    ---------------------------------------------------------------------------
        ATA was one of the first industry trade associations to endorse the
    bipartisan Senate bill that became the landmark 2021 Infrastructure
    Investment and Jobs Act (IIJA). We hope and trust that the
    collaboration that provided increased resources to counter years of
    neglect to our Nation's highways will continue with the next
    reauthorization even as current law expires months before a midterm
    election.
        IIJA represented a historic 38 percent increase in funding for
    roads and bridges, which are the shop floor for our Nation's truck
    drivers. Unfortunately, the impact of this historic investment was
    diminished by inflation, political distractions, and economic
    uncertainty over the past four years. Over the first nine months of
    Fiscal Year 2024, the government spent approximately $35 billion on
    bridges and highways, but after adjusting for higher construction
    costs, that's 24 percent less than the same period in the year before
    the IIJA was enacted.\5\ Some important programs were rolled out
    slowly, and with additional red tape beyond the requirements laid out
    in statute.
    ---------------------------------------------------------------------------
        \5\ Rampell, Catherine, ``The legacy of Bidenomics: Maybe not much
    at all.'' Washington Post, 7 January 2025, https://
    www.washingtonpost.com/opinions/2025/01/07/biden-economy-biden
    omics-legacy-inflation/
    ---------------------------------------------------------------------------
        Since the enactment of the IIJA, freight markets have remained
    stagnant while costs for motor carriers have increased. Analysis from
    the American Transportation Research Institute (ATRI) shows that,
    excluding fuel costs, marginal costs per mile for truck operations have
    risen to the highest recorded levels ($1.779 per mile on average) in
    the history of its annual Operational Costs of Trucking report,\6\ all
    while ATA's trucking activity report shows that for-hire truckload
    freight has declined 3 percent between December 2021 and May 2025.\7\
    As we look towards the next surface transportation reauthorization, it
    is vitally important that we find ways to make investments and set
    policies that will empower trucking companies of all sizes to put
    skilled, well-trained drivers in newer, safer trucks on our freight
    corridors.
    ---------------------------------------------------------------------------
        \6\ An Analysis of the Operational Costs of Trucking: 2025 Update.
    American Transportation Research Institute, July 2025.
        \7\ ATA Trucking Activity Report (TRAC). American Trucking
    Associations, 2025.
    ---------------------------------------------------------------------------
        In a difficult environment, this Committee has found bipartisan
    consensus on issues important to the trucking industry, such as cutting
    red tape for supply chain workers to obtain valuable credentials
    through passage of the Transportation Security Screening Modernization
    Act last year. We are grateful that the Committee has already shined a
    light on the growing threat of cargo theft for our supply chains in its
    February hearing titled, ``Grand Theft Cargo: Examining the Costly
    Threat to Consumers and the U.S. Supply Chain,'' and advanced common-
    sense bipartisan bills such as the Household Goods Shipping Consumer
    Protection Act and the Promoting Resilient Supply Chains Act.
        This hearing is a tremendous opportunity for the Committee to
    consider how to improve highway safety, recruit the next generation of
    truck drivers to fulfilling careers, protect supply chains from
    sophisticated and organized criminals, and ensure long-term American
    leadership in innovation and infrastructure. We commend you for
    bringing this panel together, and for your continued efforts to craft
    policies that will ensure the safe and efficient movement of our
    Nation's goods.
    Opportunities to Increase Highway Safety
        Safety is a key focus and priority for the trucking industry. We
    welcomed IIJA investments in Federal roadway safety programs, and the
    industry welcomes partnerships with agencies and technology innovators
    that will make our highways safer. Trucking companies make major
    investments every day in proven safety technologies for their fleets:
    ATA's 2022 Safety Spend Survey showed that the industry invested $14
    billion annually in safety, an increase of over 40 percent above the
    preceding 2015 survey.\8\ Federal regulatory reforms supported by ATA
    have reduced both the number of truck-involved crashes and the crash
    rate over the past several decades. However, more must be done to
    improve highway safety for all motorists. ATA looks forward to
    supporting workable requirements to deploy proven safety technologies,
    improve drug testing to meaningfully curb the rise of impaired driving,
    ensure compliance with Federal training requirements, and enforce
    driver qualification requirements to make roadways safer for all road
    users.
    ---------------------------------------------------------------------------
        \8\ 2022 ATA Safety Spend Survey. American Trucking Associations,
    2023. https://www
    .trucking.org/news-insights/new-study-underlines-trucking-industrys-
    commitment-safety.
    ---------------------------------------------------------------------------
    Clear Requirements for Proven Safety Technologies
        Congress and the trucking industry need to ensure that the safety
    technologies on commercial vehicles enhance drivers' attention and
    alertness while on the road. One technology that needs immediate
    attention is Automatic Emergency Braking (AEB). AEB, and the suite of
    tools that support it, is a prime example of a proven safety technology
    that can reduce and mitigate crashes. Because AEB is already a mature
    and well adopted safety technology in the heavy-duty sector, Congress
    directed the U.S. Department of Transportation (DOT) in 2021 to mandate
    AEB on all new heavy-duty trucks, ensuring the proliferation of this
    critical safety tool. This is because AEB technology had been available
    for more than 10 years in the heavy-duty sector at that point with
    clearly demonstrated benefits. It is worth noting that this technology
    has gone through many iterations over these 10+ years to improve its
    effectiveness, integration, and driver experience based on industry
    feedback.
        Last year, DOT proposed an AEB mandate for industry segments
    outside of heavy-duty, where the technology is still under development
    and has not been widely adopted. This exceeded Congressional intent to
    focus on heavy-duty where the technology is mature. AEB is not widely
    available in medium-duty and in particular vocational vehicle segments.
    New developments for different vehicle configurations, braking
    technologies, and sensor placements would be required to deploy AEB in
    these segments in the proposed timeframe. While industry is currently
    working on these issues, the systems are not yet developed at the same
    level of effectiveness, integration, and driver experience as heavy-
    duty. The mandate also proposed overly aggressive braking standards
    that effectively treat AEB as a replacement for the driver, a standard
    for which AEB is not designed. AEB and the suite of tools around it
    have always been designed as a driver assistance technology. AEB is
    designed specifically to help the driver respond more effectively, buy
    time for the driver to avoid hazards, and potentially mitigate crashes
    if the driver cannot respond in time. Industry has spent immense time
    and effort building driver trust in this technology and wants to ensure
    the technology is rolled out appropriately and over a realistic
    timeframe--when it is truly ready--in order to maintain that trust. ATA
    urges this Subcommittee to provide oversight of DOT on this matter to
    ensure that regulation focuses on heavy-duty AEB, that the DOT applies
    performance requirements that represent the design intent of the
    technology, and that DOT works with industry to overcome barriers to
    implementation. Industry is eager to work with the DOT on AEB beyond
    the heavy-duty sector, but these efforts should be separate so as not
    to delay a rule in heavy-duty which could save lives in the near term.
    Testing for Drug Use
        Ensuring that our roads are free from drivers under the influence
    of controlled substances is a top priority for the trucking industry.
    Since the Federal Motor Carrier Safety Administration (FMCSA) Drug and
    Alcohol Clearinghouse launched in 2020, more than 308,000 positive drug
    tests among commercial motor vehicle drivers have been recorded,
    highlighting a persistent and alarming trend in substance use that
    threatens the safety of our Nation's highways.\9\ Of these positive
    drug tests, marijuana remains the leading drug violation among drivers,
    accounting for roughly 60 percent of positive tests annually--a
    troubling statistic that underscores its widespread impact on highway
    safety.
    ---------------------------------------------------------------------------
        \9\ Drug & Alcohol Clearinghouse: March 2025 Monthly Summary
    Report. U.S. Department of Transportation, Federal Motor Carrier Safety
    Administration, March 2025.
    ---------------------------------------------------------------------------
        Last year, Attorney General Merrick Garland moved to reschedule
    marijuana from a Schedule I to a Schedule III substance, raising
    serious concerns about the unintended consequences for highway safety.
    Such a move would have weakened zero-tolerance policies, compromised a
    robust Federal drug testing program currently in place for safety-
    sensitive professions, significantly complicated enforcement, and
    potentially increased marijuana use among all drivers. Given the
    absence of a validated standard for measuring marijuana impairment and
    the fact that it already accounts for most drug violations in the FMCSA
    Clearinghouse, rescheduling marijuana would jeopardize the safety of
    millions of road users. This Subcommittee must ensure that effective
    and robust drug testing protocols for safety-sensitive occupations
    remain intact, and that transportation safety is prioritized regardless
    of the legal status of marijuana at the Federal level.
        Additionally, employers need to be equipped with the most
    effective, reliable tools for ensuring a drug-free driving workforce.
    The 2015 FAST Act required the Department of Health and Human Services
    (HHS) to issue guidelines for hair testing--a proven alternative drug
    testing method that allows for a longer detection window than
    traditional urinalysis and yields more comprehensive results. However,
    a decade later, HHS has yet to finalize the guidance in accordance with
    Congress' original intent, leaving DOT without the means to accept and
    recognize hair testing results in its Drug and Alcohol Clearinghouse.
    ATA supports efforts like H.R. 4320, which would allow positive hair
    testing results to be added to the Clearinghouse and give employers
    another tool to ensure that unsafe drivers are not put behind the
    wheel. Dereliction of duty by HHS has had disastrous consequences for
    highway safety: the absence of guidance means that nothing prevents a
    driver who tests positive on a hair test from legally operating a truck
    on our Nation's highways today. Another critical tool, oral fluids
    testing, remains in regulatory limbo awaiting Federal finalization of
    laboratory certifications before it can be used by employers in post-
    accident and roadside contexts. Federal acceptance of both oral fluids
    and hair testing as independent, alternative testing methods would
    allow employers to identify a greater number of safety-sensitive
    employees who violate Federal drug laws and keep these unsafe drivers
    off the road. We urge this Subcommittee to hold HHS accountable and
    require the agency to swiftly complete the regulatory steps necessary
    to ensure these critical alternative testing methods are made available
    to employers, as well as investigate and identify potential regulatory
    barriers that may be adding to ongoing delays.
    Distracted Driving
        Addressing distracted driving among all roadway users--commercial
    drivers and passenger vehicle drivers--is vitally important to ATA and
    its members. ATA recognizes distracted driving--whether manual, visual,
    cognitive, or emotional--as a form of impaired driving. Any activity
    that diverts a driver's attention threatens roadway and industry safety
    and endangers all road users. Far too often, distraction is the cause
    of tragedy on our Nation's roadways. According to NHTSA, in 2022,
    distraction was a causal factor in 8 percent of fatal crashes and 12
    percent of injury crashes; however, those figures are likely much
    higher as distraction goes largely underreported in official statistics
    due to drivers failing to admit to being distracted, difficulty for law
    enforcement to detect distraction, and inconsistent crash reporting.
        ATA is committed to working with this Subcommittee and relevant
    stakeholders--law enforcement, Federal and state regulators and
    legislators, safety advocates, and drivers--to tackle this epidemic.
    This begins with effective and robust enforcement of existing handsfree
    and distraction laws. ATA supports federal, state, and local laws
    prohibiting handheld wireless device use while driving, emphasizing
    truly hands-free operation. These laws and policies should apply to and
    be strictly enforced among all motorists, not just commercial drivers,
    to promote safer roads. Because commercial drivers rely on essential
    in-cab technologies, lawmakers must consider how best to integrate the
    safe use of these vital tools while minimizing visual-manual
    interaction and distraction and allow safe use of hands-free
    technologies such as voice-activated dialing or voice-mail retrieval.
        ATA is also committed to prioritizing awareness, enforcement, and
    technology-driven solutions that reduce distracted driving and improve
    roadway safety for all. We believe safety campaigns that highlight the
    grave consequences of distracted driving can lead to greater awareness
    and behavioral changes that ultimately lead to cultural shifts in how
    we think about and accept risky driving behaviors. We recognize that
    these shifts take time and continuous exposure to safety messaging,
    much like the cultural shift towards universal seatbelt use in the
    1990s. Thus, it is critical that this Subcommittee ensures critical DOT
    funding and other resources dedicated to distracted driving campaigns
    and awareness efforts remain intact and, if possible, amplified.
    Rigorous Driver Training Standards
        We also urge the Subcommittee to support efforts to ensure a
    qualified and well-trained workforce and reject ongoing efforts to
    exempt training requirements for new drivers. ATA has long supported
    the Entry Level Driver Training (ELDT) rule, which was implemented
    three years ago. Ensuring that entry-level drivers receive appropriate
    instruction from a consistent, industry-wide curriculum is vital to
    improving safety on our Nation's highways. While ELDT has received
    nearly universal support from the industry, ATA is aware that the
    spread of misinformation led to efforts to undermine the program and
    exempt certain individuals from this standardized training curriculum.
    We urge this Subcommittee to uphold its commitment to rigorous training
    standards for both new and veteran drivers, ensuring the highest level
    of safety on our Nation's roads.
        In addition to maintaining the integrity of ELDT requirements,
    FMCSA must continue its work to improve oversight of its Training
    Provider Registry (TPR). ATA strongly supports efforts to root out
    fraudulent or substandard training providers and ensure that only
    legitimate, high-quality ELDT-compliant programs are listed on the TPR.
    These efforts must include increased auditing, enforcement actions, and
    data validation to prevent drivers from accessing incomplete or
    inadequate training and testing. Without these safeguards, more
    unqualified drivers would be on our Nation's highways--a safety risk
    our Nation simply can't afford. ATA and our industry partners oppose
    unqualified training providers that allow individuals to obtain a
    commercial driver's license (CDL) simply by paying a fee, effectively
    circumventing the structured curriculum established by ELDT. While
    FMCSA has made progress in establishing tools for ELDT enforcement,
    until early June 2025, FMCSA's TPR website showed that only four
    training providers have been removed from the TPR since 2023. Federal,
    state, and industry stakeholders all recognize that these numbers are
    unacceptable given the much larger volume of fraud reports to the
    agency. Ensuring the quality of driver education is just as important
    as ensuring its consistency, and we commend FMCSA's recent efforts to
    close loopholes, remove bad actors from the TPR, and strengthen trust
    in the training pipeline by removing over 50 training providers from
    the registry in June. While some of these removals were involuntary or
    on an emergency basis (based on a provider failing to meet or maintain
    Federal and state requirements and ELDT qualifications), many of these
    removals were ``voluntary.'' For example, one removal was based on a
    training provider closing its doors which suggests an urgent need to
    audit the registry and weed out shoddy providers. We urge this
    Subcommittee to play a role in pushing this critical action to prevent
    exploitation, preserve the value of the ELDT program, and improve
    safety.
        Additionally, ATA strongly supports expanded enforcement of driver
    qualification requirements, including English Language Proficiency
    (ELP). Driver qualification standards are a fundamental component of
    ensuring roadway safety. The ability to understand and respond to
    traffic signs, communicate with law enforcement, and complete required
    reports and logs is essential to the safe operation of commercial
    vehicles on our Nation's roadway--and has long been a Federal motor
    carrier safety regulation. As outlined in 49 CFR Sec. 391.11(b)(2),
    commercial motor vehicle drivers operating in the U.S. must be able to
    read and speak English ``sufficiently to converse with the general
    public, to understand highway traffic signs and signals. . ., to
    respond to official inquiries, and to make entries on reports and
    records.'' ATA applauds the Trump Administration and this Congress for
    taking action to clarify and enforce this longstanding requirement. In
    keeping with the President's April 28th Executive Order, ``Enforcing
    Commonsense Rules of the Road for America's Truck Drivers,'' the
    Commercial Vehicle Safety Alliance (CVSA) reenacted ELP requirements as
    part of its Out-of-Service (OOS) criteria for commercial drivers
    (effective June 25, 2025). Simultaneously, FMCSA revised its policy and
    associated guidance outlining how law enforcement must assess a
    driver's ability to meet the Federal ELP requirement. FMCSA's revised
    ELP policy sets forth a two-part roadside assessment for roadside
    enforcement to determine whether a driver's lack of English proficiency
    poses safety risks warranting OOS action including (1) a driver's
    ability to communicate effectively with enforcement officers (such as
    load contents, origin, and destination), and (2) read and interpret
    road signs, including dynamic message signs that display critical
    roadway safety advisories.
        ATA supports FMCSA's clarification and revised ELP policy as a
    commonsense, safety-driven measure that upholds the principle that all
    drivers operating on U.S. roadways must be equipped with the necessary
    communication skills to respond in real-time to rapidly evolving
    roadway conditions, enforcement directions, or emergency situations. In
    an April 2025 letter, ATA also urged DOT to improve tracking of CDL
    issuances, including non-domiciled CDLs.\10\ We strongly support
    Secretary Duffy's initiative, announced in June, to audit state driver
    licensing agencies' practices regarding non-domicile CDL issuance to
    ensure that all commercial drivers on our Nation's roadways are
    properly qualified and licensed. We urge the Subcommittee to support
    continued implementation of this policy and to complement these efforts
    with a broader, end-to-end commitment to ensuring that only safe,
    qualified commercial drivers--through rigorous training, testing, and
    enforcement--are permitted to operate on our Nation's roadways.
    ---------------------------------------------------------------------------
        \10\ ``Spear, Chris. April 10, 2025. Letter to Secretary of
    Transportation Sean Duffy. Available online at: https://
    www.trucking.org/sites/default/files/2025-04/ATA_DOT20April%202025%20
    Enforcement%20and%20CDL%20issuance%20FINAL4-10-25.pdf.
    ---------------------------------------------------------------------------
    Supporting Trucking Career Pathways and the Dignity of the Driver
        The trucking industry, which serves as the backbone of our Nation's
    economy and supply chain, continues to face driver shortages. Due to
    the recent freight recession, the driver shortage has been alleviated,
    but it has certainly not been eliminated. It is also important to note
    that even though the driver shortage may now be less severe than it was
    in 2022, the long-term causes of the driver shortage have not changed,
    and the industry fully expects the shortage to worsen when the freight
    market recovers. Over the next decade, trucking companies will need to
    hire roughly 1.2 million new drivers to keep pace with growing freight
    demand and an aging workforce.\11\
    ---------------------------------------------------------------------------
        \11\ ATA Driver Shortage Update 2022. American Trucking
    Associations, October 25, 2022. Available online at: https://
    ata.msgfocus.com/files/amf_highroad_solution/project_2358/ATA_
    Driver_Shortage_Report_2022_Executive_Summary.October22.pdf
    ---------------------------------------------------------------------------
        Similarly, there is a diesel technician shortage in our industry.
    According to data from the TechForce Foundation, an estimated 41,000
    additional diesel technicians were needed in 2022, including new
    positions for additional work, unfilled prior openings, and replacement
    of those leaving the position.\12\ This shortage does not include the
    collision repair technicians, tire technicians, etc. that are also in
    demand. Long term, without additional skilled technicians to perform
    both regular and acute maintenance of trucks, our vehicles will be less
    safe and fuel efficient--and so will your automobiles.
    ---------------------------------------------------------------------------
        \12\ ATA works with TechForce to track the technicians needs of the
    industry. TechForce's report on national technician needs is available
    upon request. The Committee can contact them through their website:
    https://techforce.org/.
    ---------------------------------------------------------------------------
        These are good-paying, family-sustaining jobs that are not
    accompanied with the same debt that often comes with a college degree.
    The vast majority of diesel technicians make $50,000-$80,000 per year
    in base salary plus bonuses.\13\ Truck drivers make good salaries too,
    with truckload drivers earning a median salary of $76,420 per year
    according to a 2023 ATA industry survey.\14\ This is a nearly 10
    percent increase over the two preceding years.\15\ That same study
    found linehaul less-than-truckload (LTL) drivers earning a median
    salary of $94,525 in 2023,\16\ and local LTL drivers earning a median
    salary of $80,680.\17\ Drivers who choose to become independent
    contractors earn even more than those averages, while enjoying the
    opportunity to set their own schedules, choose the routes they run, and
    grow their own businesses. ATA strongly supports the protection of the
    independent contractor business model that is at the heart of the
    trucking industry.
    ---------------------------------------------------------------------------
        \13\ The State of Diesel Mechanics, Randall Reilly/Shell Lubricant
    Solutions, 2022, at 12 (copy available upon request from https://
    www.randallreilly.com/).
        \14\ Driver Compensation Study: Operations Data 2023, American
    Trucking Associations, p. 14.
        \15\ Ibid.
        \16\ Ibid., P. 66.
        \17\ Ibid., P. 67.
    ---------------------------------------------------------------------------
        Relatedly, it is vitally important that Congress provide the
    skilled trades with the same access to financial resources and
    flexibility as are afforded to traditional four-year colleges and
    institutions. ATA was grateful for strong bipartisan support of the
    Freedom to Invest in Tomorrow's Workforce Act¸ which allows
    individuals to use 529 funds to pay for training to become truck
    drivers or diesel mechanics, as well as various measures to enable the
    use of short-term Pell Grants for these programs. We were also grateful
    to see those measures enacted in the One Big Beautiful Bill Act.
        Looking ahead, we want to work with champions of the industry on
    both sides of the aisle to build upon this success and work toward
    parity in terms of the financial resources and options available for
    the skilled trades compared to traditional colleges and universities.
    ATA strongly supports establishing apprenticeships that will help new
    drivers enter the industry and receive valuable training. For this
    reason, we have endorsed bills such as the bipartisan, bicameral
    Veterans Transition to Trucking Act and are grateful to members of
    Congress, including members of the Commerce Committee, for their
    leadership in advocating for robust apprenticeship programs.
        Reducing financial barriers to entry will certainly help the
    trucking industry recruit the next generation of safe truck drivers.
    ATA also strongly supports passage of the bipartisan LICENSE Act, which
    would reduce burdensome red tape and outdated barriers to obtaining a
    CDL by codifying DOT waivers issued under both Presidents Trump and
    Biden with no findings of adverse safety impacts.
    Safe Driver Apprenticeship Pilot Program
        The IIJA directed the DOT to establish the Safe Driver
    Apprenticeship Pilot Program (SDAP) to provide a pathway for 18-, 19-,
    and 20-year-old drivers to gain the knowledge, skills, and expertise to
    drive safely in interstate commerce. The SDAP was modeled after the
    apprenticeship program originally outlined in the DRIVE Safe Act and
    requires apprentices to complete 400 hours of on-duty time with an
    experienced driver, meet 13 performance benchmarks, and operate
    vehicles with five industry-leading safety technologies, including an
    active braking collision mitigation system and a forward-facing video
    event capture system. The pilot program was designed to provide a level
    of safety far beyond what is currently required for similarly aged
    individuals to obtain their CDLs and drive intrastate to demonstrate
    that, with the appropriate education, training, and safety technology,
    18-, 19-, and 20-year-old drivers can operate safely in interstate
    commerce.
        While ATA was enthusiastic about the prospects for this highly
    anticipated and widely supported pilot program, DOT's problematic
    implementation of the SDAP irreparably stunted participation and
    deterred younger drivers from considering this career pathway. DOT
    added two additional requirements not found in law as a condition of
    participation. These included a requirement that participating motor
    carriers be part of a Department of Labor (DOL)-approved Registered
    Apprenticeship Program to be eligible, and a requirement that
    participating motor carriers utilize driver-facing inward cameras,
    another safety technology beyond the five safety technologies already
    required. Importantly, the latter requirement was added almost eight
    months after the enactment of the IIJA and just before the pilot
    program was launched. The last-minute changes caused many motor
    carriers to decline participation in the program altogether. This
    egregious overstep necessitated Congressional action, which was signed
    by the President, to prohibit DOT from imposing its unnecessary,
    additional conditions for participation.
        Unfortunately, by the time DOT was forced to restore SDAP back to
    its original intent, the pilot program was nearly at the halfway point
    to the three-year sunset, and the damage had already been done. The
    short duration of the pilot program and the associated lack of
    permanence has deterred motor carriers from undergoing the onerous and
    costly process to adjust internal operations and become eligible for
    SDAP participation. Motor carriers have also cited challenges with
    securing insurance for potential apprentices. At this point, with just
    a few months remaining before the sunset of the SDAP, DOT's latest data
    for the fourth quarter of 2024 show that only 68 apprentices have
    applied, and 36 have completed the probationary periods.\18\ I would
    note that 59 motor carriers and 139 experienced drivers (trainers) have
    been approved to participate.\19\ If given more time, these carriers
    and experienced drivers would have the opportunity to train more
    apprentices. In total, apprentices have driven over 1,250,000 miles and
    over 23,500 hours safely in interstate commerce.\20\ Importantly,
    according to the latest data reported by DOT, no apprentices in the
    pilot have been involved in a reportable crash.
    ---------------------------------------------------------------------------
        \18\ Safe Driver Apprenticeship Pilot Program, Quarterly Program
    Update, End of Fourth Quarter 2024, Federal Motor Carrier Safety
    Administration. Available online at https://www.fmcsa.dot.gov/sites/
    fmcsa.dot.gov/files/2025-02/SDAP%204Q-2024.pdf (accessed July 16,
    2025).
        \19\ Ibid.
        \20\ Safe Driver Apprenticeship Pilot Program, Program Committee
    Briefing, Federal Motor Carrier Safety Administration, April 11, 2023.
    ---------------------------------------------------------------------------
        While participation fell short of the 3,000-concurrent participant
    cap, the data generated from this pilot program demonstrates what the
    trucking industry knows to be true: that with rigorous safety and
    training guardrails, 18-, 19-, and 20-year-old drivers can operate
    safely in interstate commerce. Several of our members have utilized
    SDAP and are enthusiastic supporters of it. They have found the program
    to be a valuable component of their overall workforce development
    efforts, and the SDAP program has made a significant difference in the
    lives of these apprentices.
        Importantly, the SDAP will sunset in November 2025, and apprentices
    who are in the process of completing the program will unfortunately
    have to forfeit the progress they've made toward the ability to operate
    in interstate commerce. We urge this Subcommittee, and DOT, to consider
    extending the sunset of the SDAP until a more permanent solution can be
    enacted through the upcoming surface transportation reauthorization. A
    permanent pathway to fulfilling careers will help the trucking industry
    recruit the next generation of talented, safe drivers and will help
    address the pervasive driver shortage.
    Ensuring Bathroom Access
        Truck drivers are the heartbeat of our economy and critical to
    supply chain continuity. When they stop for pickups or deliveries--
    which can take hours on end while the truck waits to be loaded or
    unloaded--drivers should have access to restroom facilities. Such basic
    accommodations are more than just common courtesy; this is about
    ensuring the dignity of drivers and supporting the men and women who do
    the heavy lifting to provide for everyone in this country. Guaranteeing
    restroom access would address a major barrier to retaining and
    recruiting more truck drivers, particularly women.
        ATA is thankful for the bipartisan introduction of a bill in the
    House of Representatives that will confront this challenge faced by
    professional truck drivers: H.R. 2514, the Trucker Bathroom Access Act.
    The legislation requires shipper and receiver facilities to make
    existing employee restrooms available to truck drivers. We would be
    grateful for bipartisan support for this issue in the Senate as well,
    potentially for introducing a standalone measure and considering it
    during the upcoming surface transportation reauthorization. We look
    forward to working with you to ensure that drivers' most basic needs
    are met while they do the important work of delivering the Nation's
    goods.
    Expanding Truck Parking Capacity
        Another barrier to supply chain efficiency is the ongoing, well-
    documented shortage of safe truck parking. As with prohibitions in
    accessing bathrooms while on the job, the nationwide shortage of safe,
    secure, well-lit areas to park a truck overnight is a huge disincentive
    for workers--particularly women, who currently make up only 7 percent
    of truck drivers--from entering careers in trucking. In 2015, the
    Federal Highway Administration's (FHWA) Jason's Law report acknowledged
    the shortage of truck parking capacity as a serious highway safety
    concern. The FHWA found that more than 75 percent of truck drivers and
    almost 66 percent of logistics personnel ``regularly [experienced]
    problems with finding safe parking locations when rest was needed.''
    \21\ Due to inaction at the federal, state, and local levels, the truck
    parking shortage has only worsened since 2015. In its 2019 update to
    the Jason's Law report, the FHWA found that the percentage of drivers
    who regularly had trouble finding truck parking had skyrocketed from 75
    percent to 98 percent.\22\ This is not only a public safety issue and
    problem for drivers on the road today, it also represents an enormous
    challenge to recruiting a new generation of drivers (including women
    and other traditionally underrepresented demographics) to enter the
    industry.
    ---------------------------------------------------------------------------
        \21\ Jason's Law Truck Parking Survey Results and Comparative
    Analysis. Federal Highway Administration, U.S. Department of
    Transportation, August 2015.
        \22\ Jason's Law Commercial Motor Vehicle Parking Survey and
    Comparative Assessment Presentation. Federal Highway Administration,
    U.S. Department of Transportation, December 2020.
    ---------------------------------------------------------------------------
        Sustained and robust Federal investment in the expansion of truck
    parking capacity is key to addressing this longstanding problem. ATA
    supports the Truck Parking Safety Improvement Act, which would
    establish a competitive discretionary grant program and dedicate $755
    million for truck parking projects across the country.
    Protect Our Supply Chains
        The upcoming surface transportation reauthorization is also a
    chance to address issues which have caused increasing challenges since
    the enactment of the IIJA. As the Subcommittee is aware, there has been
    a dramatic rise in the incidence of cargo theft and freight fraud,
    which is disruptive to our supply chains and which will require new
    tools and coordination at the Federal level to combat organized crime.
    Additionally, ATA supports the clarification that states are prohibited
    from superseding National Highway Traffic Safety Administration (NHTSA)
    standards for motor vehicle safety.
    Cargo Theft and Freight Fraud
        ATA is grateful to the Subcommittee for beginning a larger
    discussion about the substantial impacts of cargo theft on the trucking
    industry and our Nation's supply chains with its hearing in February.
    That hearing provided a platform for a trucking executive to share his
    personal experience as a victim of cargo theft and fraud, and he
    highlighted the vulnerabilities of FMCSA's registration system, as well
    as the critical downstream impacts of those vulnerabilities. Moreover,
    the witness also used his time to encourage the Subcommittee to
    exercise robust oversight as the agency takes steps to upgrade its
    registration system and implement enhanced identify verification
    processes to further bolster security and deter bad actors.
        ATA was encouraged by Chairman Young's publication of an op-ed
    titled, ``Cargo Theft is a Growing National Security Issue,'' following
    the hearing and wholeheartedly agrees with his assessment that Congress
    must ``examine and reconcile potential catalysts that allow criminals
    to steal cargo, modernize and implement safeguards for businesses and
    consumers, and ensure our law enforcement agencies are adequately
    prepared and equipped to respond to reports of wrongdoing.'' This
    Subcommittee is well-positioned to ensure that DOT engages in an ``all-
    hands-on-deck'' approach by coordinating with other appropriate Federal
    agencies, law enforcement, and the private sector to combat the
    organized theft groups (OTGs) and transnational criminal organizations
    (TCOs) who are currently exploiting our domestic supply chains.
    Relatedly, Chairman Cruz announced at a full Committee hearing last
    week that he is currently drafting legislation to help DOT combat cargo
    theft and rampant fraud, and we greatly appreciate his attention to
    this complex issue.
        Furthermore, we are grateful that the Committee on Commerce,
    Science, and Transportation has already taken an important first step
    toward providing FMCSA with the necessary tools, resources, and
    authorities to protect the trucking industry and consumers from fraud
    by approving the Household Goods Shipping Consumer Protection Act (S.
    337). Specifically, this bill restores FMCSA's ability to impose civil
    penalties against unauthorized brokers and other bad actors, allowing
    the agency to act swiftly in meting out penalties. The bipartisan
    legislation gives states the ability to use Federal funds to enforce
    consumer protection laws and root out fraudulent actors before they
    strike. The Household Goods Shipping Consumer Protection Act is a
    critical element of a broader Federal response to freight fraud, and we
    hope that Congress advances it expeditiously.
    Strengthening NHTSA's Role in Setting Industry Standards
        Under existing law--going back to the National Traffic and Motor
    Vehicle Safety Act of 1966, Pub. L. 89-563--when NHTSA promulgates a
    Federal motor vehicle safety standard, states are prohibited from
    issuing standards of their own on that same subject (see 49 U.S.C.
    Sec. 30103(b)(1)). Congress has charged NHTSA with promulgating
    ``practicable,'' ``objective'' standards that ``meet the need for motor
    vehicle safety,'' (see 49 U.S.C. Sec. 30111(a)). Allowing states to
    promulgate their own equipment standards when NHTSA has acted
    undermines that decision.
        However, current law contains an exception that threatens to
    swallow the rule: it expressly provides that compliance with a NHTSA
    standard does not preempt ``liability at common law'' (see 49 U.S.C.
    Sec. 30103(e)). This invites legal uncertainty, undermines
    Congressional intent to empower NHTSA to promulgate nationally uniform
    motor vehicle safety standards, and threatens supply chain integrity.
    Given that the trucking industry operates in all 50 states and that the
    market for motor vehicles is national in scope, we strongly support
    NHTSA's role as the primary authority over motor vehicle safety
    standards and urge Congress to reaffirm that role.
    Ensure Long-Term American Leadership
        IIJA was the largest investment in our Nation's supply chain
    infrastructure in nearly a century and represented a concrete effort to
    ensure America's global economic leadership. As the Subcommittee looks
    towards the 2026 reauthorization, we would be remiss not to highlight
    additional opportunities to build on that investment moving forward and
    to make sure that Federal regulatory leadership and resource
    allocations are focused on a long-term strategy that will keep our
    economy growing for years to come.
    Federal Leadership in Autonomous Technology Development
        As mentioned before, America's truck drivers are the unsung heroes
    of our supply chain; they are the trucking industry's greatest asset.
    The groundbreaking developments in autonomous vehicle (AV) technologies
    offer opportunities to help improve the safety and productivity of
    those individuals, and to make trucking a safer and more welcoming
    profession for the next generation of truck drivers. New autonomous
    technologies do not mean that all vehicles will become ``driverless
    vehicles'' and that truck driving jobs will be eliminated. The reality
    is more nuanced.
        Given the variety of freight movement--including liquids,
    livestock, hazardous material, large construction equipment, and
    oversize loads--and the variety of road, terrain, and weather
    conditions throughout the country, there will continue to be a role and
    need for drivers as part of a logistics system that includes automated
    trucks. ATA believes that automated trucks will be a tool that will
    help improve the efficiency of freight movements and help address the
    persistent shortage of drivers, not replace them. Driver
    responsibilities may adjust over time with deployment of automated
    technologies, but the industry will continue to need drivers, our
    greatest asset.
        The trucking industry has a substantial stake in the enhancements
    to road safety that automated and connected vehicle technology will
    provide. America's roads and bridges are truck drivers' workplace, and
    safety is paramount. The safety gains achieved by removing human
    error--as well as the additional economic and societal benefits--are
    very enticing to an industry that already spends billions of dollars
    annually on safety, including technology enhancements, to ensure that
    drivers and passengers of all vehicles make it safely to their
    destination.
        ATA will continue to advocate for a strong Federal framework for
    automated vehicle testing and deployment. Such a Federal framework is
    critical for ensuring the safety and trust of the public and necessary
    for testing the efficacy of automated vehicles in interstate commerce.
    A Federal framework also provides clear paths for new and innovative
    technologies to move from testing to deployment through established DOT
    processes. This can include exemptions, interpretations,
    investigations, or data requirements designed to ensure safety and
    build public trust.
        We encourage Congress and Federal agencies to develop proactive
    policies that will foster innovation and ensure that America does not
    fall behind its global competitors in the development of this important
    technology. AVs and automated driving system (ADS) deployment have the
    potential to significantly enhance the safety, efficiency, and
    productivity of the U.S. freight and logistics systems. We have an
    opportunity to ensure that the technologies and vehicles that generate
    those benefits are developed, improved, implemented, and sold around
    the world by American companies.
    Supporting Deregulatory Efforts
        As the Nation's largest representative of motor carriers and motor
    carrier suppliers, ATA strongly supports the Trump Administration's
    efforts to ensure a regulatory environment that appropriately
    prioritizes reducing undue burdens and costs on motor carriers without
    compromising strong safety regulatory protections. Regulated entities,
    including motor carriers, rely on thoughtful, well-written, and safety-
    driven Federal regulations and guidance to ensure the utmost safety for
    commercial drivers and all who share the road. However, ATA recognizes
    that certain Federal rules and regulations that affect the trucking
    industry are redundant, outdated, or place undue burden on members of
    the trucking industry--in some cases, invoking compliance merely for
    compliance's sake rather than a material benefit to the industry or
    national interest. ATA applauds this Administration and DOT's efforts
    to swiftly review and take deregulatory action to existing rules,
    regulations, and guidance that remove unnecessary red tape and
    regulatory burdens and promote industry efficiency without harming
    safety.
        As part of these efforts, in May 2025, ATA offered numerous
    targeted deregulatory recommendations to DOT and OMB aimed at aligning
    Federal regulations with modern technology, operational realities, and
    safety priorities--many of which the Administration has already acted
    on. ATA urged DOT to eliminate outdated or burdensome requirements that
    no longer contribute to highway safety. These include repealing the
    rear underride guard certification label mandate under 49 CFR 393.86,
    which creates unnecessary costs for carriers without measurable safety
    benefits, and updating roadside warning device requirements (49 CFR
    393.95(f)) to support vehicle-integrated lighting systems--particularly
    for autonomous vehicles--rather than relying on driver-deployed warning
    triangles. ATA also called for revisions to hazmat railroad crossing
    rules (49 CFR 392.10-392.11) that require all stops regardless of risk
    level, and for the repeal of legacy trailer marking rules (49 CFR
    393.13) that apply to equipment no longer in service. ATA also urged
    DOT and FMCSA to modernize Electronic Logging Device (ELD) related
    rules by allowing digital access to required documents and removing
    unnecessary paper log backup requirements (49 CFR 395.8(k)(1) and
    395.22(h)). Moreover, ATA recommended making permanent existing
    exemptions for simplified ELD use during yard moves, eliminating manual
    logging requirements that add administrative burden without enhancing
    safety. Additional reforms included eliminating the 15-day roadside
    inspection report return requirement (49 CFR 396.9), modernizing CDL/
    CLP testing rules to improve workforce entry, and rescinding broker
    transaction transparency requirements (49 CFR 371.3(c)) that conflict
    with market principles and fall outside FMCSA's safety mandate.
        While ATA supports regulatory reform, we strongly urge Congress and
    DOT to preserve proven, safety-enhancing regulations that, if
    eliminated, would materially and consequentially impact highway safety
    for all road users. Among these critical regulations is the ELD
    mandate, which has delivered measurable reductions in hours-of-service
    (HOS) violations and crash rates since implementation. Repealing or
    weakening this mandate, which has been requested by some industry
    stakeholders, would be a step back for the industry as ELDs modernize
    compliance monitoring and enforcement without altering rest
    requirements. We also emphasize that any future changes to the
    underlying HOS rules, upon which ELD rules are predicated, must be
    grounded in data and scientific research. Similarly, as previously
    mentioned, ATA supports continued advancement of life-saving
    technologies like AEB and opposes efforts that would slow or reverse
    progress on drug and alcohol testing reforms. In all cases, regulatory
    streamlining must not come at the expense of highway safety, and we
    commend DOT and FMCSA's approach to sound, practical deregulatory
    action.
    Addressing Critical Freight Bottlenecks
        Infrastructure investments must be made in ways that benefit
    highway system efficiency, lower supply chain costs, and ensure the
    competitiveness of American businesses with global supply chain
    partners. ATA strongly supports investments that will reduce freight
    congestion at key bottlenecks and encourage the efficient movement of
    goods at our Nation's intermodal gateways.
        Highway congestion, for example, added nearly $109 billion to the
    cost of freight transportation in 2022--a 15 percent increase year-
    over-year.\23\ In 2022, truck drivers sat in traffic for 1.2 billion
    hours, equivalent to more than 435,000 drivers sitting idle for a
    year.\24\ This caused the trucking industry to consume an additional
    6.4 billion gallons of fuel, resulting in the release of 65.4 million
    metric tons of additional carbon dioxide emissions.\25\
    ---------------------------------------------------------------------------
        \23\ Cost of Congestion to the Trucking Industry: 2024 Update.
    American Transportation Research Institute, Dec. 2024.
        \24\ Ibid.
        \25\ Ibid.
    ---------------------------------------------------------------------------
        ATA recommends that the next surface transportation bill bolster
    discretionary funding programs to ensure that they address major
    freight bottlenecks. ATRI annually identifies the top 100 freight
    bottlenecks nationwide, and the trucking industry suggests that DOT
    prioritize these locations for maintenance and improvement.\26\
    ---------------------------------------------------------------------------
        \26\ Top 100 Bottlenecks--2024. American Transportation Research
    Institute, 2024.
    ---------------------------------------------------------------------------
        Another contributing factor to supply chain bottlenecks and
    efficiency is the poor state of freight intermodal connectors--the
    roads that connect ports, rail yards, airports and other multimodal
    facilities to the National Highway System. Despite their vital role in
    the freight distribution network and the economy, these connectors are
    often neglected and fail to receive needed investments. Currently, only
    9 percent of intermodal connectors are in good or very good condition,
    19 percent are in mediocre condition, and a troubling 37 percent are
    rated in poor condition.\27\ Not only do deteriorating roads damage
    both the vehicles and the freight they carry, but FHWA found a
    correlation between poor roads and vehicle speed. Average speed on a
    connector in poor condition was 22 percent lower than on connectors in
    fair or better condition.\28\ FHWA further found that congestion on
    freight intermodal connectors causes 1,059,238 hours of truck delay
    annually and 12,181,234 hours of automobile delay.\29\ Congestion on
    freight intermodal connectors adds over $96 million to freight
    transportation costs each year.\30\
    ---------------------------------------------------------------------------
        \27\ Freight Intermodal Connectors Study. Federal Highway
    Administration, April 2017.
        \28\ Ibid.
        \29\ Ibid.
        \30\ An Analysis of the Operational Costs of Trucking: 2025 Update.
    American Transportation Research Institute, July 2025.. Estimates
    average truck operational cost of $90.89 per hour.
    ---------------------------------------------------------------------------
        One possible reason connectors are neglected is that the vast
    majority of these roads (70 percent) are under the jurisdiction of a
    local or county government.\31\ Too often, these roads serve critical
    roles in regional, national, and international commerce beyond the
    geographic boundaries of the jurisdictions that have responsibility for
    them, but those broader interests may not be factored into the local
    jurisdictions' spending decisions. While intermodal connectors are
    eligible for Federal funding, this is simply not good enough. ATA
    supports a set-aside of funding for freight intermodal connectors to
    ensure that these critical arteries are given the attention and
    resources they deserve.
    ---------------------------------------------------------------------------
        \31\ Freight Intermodal Connectors Study. Federal Highway
    Administration, April 2017.
    ---------------------------------------------------------------------------
    Prioritizing Projects That Improve Freight Mobility
        Although the IIJA did not set aside funding for either highway
    bottleneck elimination or intermodal connectors, these projects are
    eligible for funding under several of the discretionary programs.
    Congress should ensure that the resources available from these
    important programs are used primarily for projects that improve
    transportation safety and mobility, as well as projects that address
    infrastructure deficiencies that contribute to supply chain
    inefficiencies. These programs should not be used to advance parochial
    agendas that are outside of their Congressionally mandated scope. Nor
    should Congress further divert funding from highway projects. Highways
    carry the vast majority of people and freight, and unlike some modes,
    including freight railroads, highway users cannot directly invest in
    their transportation infrastructure. They must instead rely on
    government agencies to effectively invest their user fee revenue in
    projects that improve roadway safety and efficiency. Using this money
    to subsidize other transportation modes breaks the trust and the
    implied agreement that users place in their elected officials to invest
    in projects that are directly beneficial to motorists.
    Providing Consistent, Sustainable Funding
        Underpinning all these recommendations is the need for a long-term,
    stable revenue source for the Highway Trust Fund (HTF) to support
    investments in our roads and bridges. This revenue source should be
    paid for equitably by all road users, including those that do not
    currently contribute to the HTF. The trucking industry is the leading
    payer to the HTF, contributing almost half of all revenues while
    representing less than 5 percent of road users. While the trucking
    industry is proud to pay our fair share, Congressional attention and
    action is necessary to ensure a lasting, viable, and equitable revenue
    source for continued infrastructure investments.
        Federal fuel taxes, which are the primary funding sources for the
    HTF, have not increased since 1993. If Congress will not act to
    increase those taxes, or even index them for inflation, then
    alternative solutions that account for new engine technologies must be
    enacted in a way that ensures the burden of maintaining our highways is
    allocated fairly and sustainably for future generations. ATA recommends
    a user-pay solution to the HTF shortfall that adheres to the following
    principles:

       Reasonably Uniform Application: Apply uniformly across
            various classes of highway users to ensure fairness.

       Verifiable Metrics: Base the system primarily on measurable
            and easily verifiable factors, such as highway and vehicle use.

       Evasion Prevention: Minimize opportunities for tax or fee
            evasion to maintain revenue integrity.

       Administrative Simplicity: Ensure the system is cost-
            effective and straightforward for the government to administer,
            collect, and enforce, without imposing excessive administrative
            or record-keeping burdens on highway users.

       Commerce-Friendly: Avoid creating barriers or inefficiencies
            that hinder interstate commerce.

        Identifying a long-term, sustainable solution for HTF revenues can
    also provide flexibility to ultimately relieve trucking of the burden
    of the century-old, 12 percent Federal excise tax on heavy-duty trucks
    and trailers. Initially implemented as a 3 percent tax to offset the
    cost of American participation in World War I, this tax has grown to be
    one of the highest excise taxes on any good in the United States. As it
    adds over $20,000 to the cost of a new $180,000 truck and $6,000 to the
    cost of a new $50,000 trailer, this onerous charge creates a
    disincentive to putting new equipment that is cleaner and safer than
    ever before on our Nation's highways.
        Meanwhile, at the state level, the absence of sufficient funding
    from user fees has led states to increasingly turn to tolls to fund
    infrastructure projects. Unfortunately, there appears to be a growing
    trend that places this burden disproportionately and unfairly on the
    trucking industry through the misuse of tolls. A recent court decision
    in Rhode Island legalized truck-only tolls, allowing the state to
    reinstate tolls solely on tractor-trailers, which represent just 3
    percent of vehicles on the tolled facilities. In Manhattan, trucks must
    pay a toll every time they cross 60th Street, while cars pay only once
    per day. As these anti-truck tolling arrangements spread, the price
    will be borne by consumers due to higher supply chain costs. We urge
    Congress to reform Federal Interstate tolling authority to prevent
    these types of abuses.
    In Conclusion
        Thank you for the opportunity to testify on behalf of the 8.5
    million people in trucking-related jobs who power our Nation's supply
    chains and keep the wheels of the economy turning. Surface
    transportation reauthorization in the 119th Congress is a potentially
    transformational opportunity for our country. The ATA looks forward to
    supporting your efforts to improve the safe and efficient movement of
    freight across our Nation and to encourage economic growth.
        Thank you again for your leadership on these vital issues.

        Senator Young. Thank you, Mr. Spear.
        Mr. Pugh, you are recognized for 5 minutes, sir.

       STATEMENT OF LEWIE PUGH, EXECUTIVE VICE PRESIDENT, OWNER-
                OPERATOR INDEPENDENT DRIVERS ASSOCIATION

        Mr. Pugh. Yes. Thank you, Chairman Young, and Ranking
    Member Peters, and Members of the Subcommittee. I am Lewie
    Pugh, the Executive Vice President of the Owner-Operator
    Independent Drivers Association.
        From the U.S. Army to running my own trucking business,
    trucking is the only thing I have ever done my entire adult
    life, with over two and a half million safe miles of driving.
    OOIDA is the largest national association representing small
    business truckers and professional drivers. We have
    approximately 150,000 members across the country who operate
    240,000 pieces of equipment.
        Our mission is to promote and protect the interests of
    members on any issues that impact their safety and their
    success. The Trump administration has embraced a new approach
    to developing trucking policy to prioritize the needs of
    truckers. It began in February when the U.S. DOT reopened its
    public comment period on broker transparency, rulemaking that
    was launched in 2020 in response to an OOIDA petition.
        It continued in April with an executive order addressing
    OOIDA's request to enforce existing English language rules, a
    proficiency that have long been ignored. And just last month,
    Secretary Duffy announced nine major initiatives, nine, to
    improve working conditions for truckers that directly addressed
    many long-standing driver concerns, including withdrawing the
    controversial speed limiter mandate.
        These steps are welcome and long overdue in a departure
    from the old ways of Washington. They demonstrate regulators
    are finally prioritizing truckers over corporate mega fleets,
    shippers, trial lawyers, and safety advocates. To be clear,
    OOIDA is a nonpartisan organization. We have a reputation of
    telling you how it is, and we don't pull any punches, but we
    also give credit where credit is due and advocate tirelessly on
    behalf of our members.
        Truckers now need lawmakers to embrace the new approach the
    White House has taken with as much energy and resolve. I assure
    you this can be done in a bipartisan manner and promote highway
    safety that improves driver recruitment, retention, increases
    supply chain efficiency.
        In fact, many of OOIDA's proposals for the Highway Bill
    already achieve these objectives. This includes enhancing
    driver training, improving restroom access, and combating
    freight fraud. More broadly, efforts to expand truck parking
    capacity, eliminate the Federal Law that prevents truckers from
    being guaranteed overtime pay, and stopping the unsafe
    increases of truck size and weights. These have all garnered
    significant bipartisan support.
        While truckers are thrilled that folks in Washington are
    finally listening to their needs, others in the industry will
    resist this new approach. They want to return to the old way of
    doing things when maximizing corporate profits and over-
    regulating small businesses, dodging responsibility for
    improving working conditions for drivers took precedence.
        For example, large carriers will oppose OOIDA's efforts to
    prohibit predatory lease-owned scams. By design, these leave
    truckers broke and empty-handed. Law enforcement will again
    begin to attempt to put trackers on truckers, which has been
    soundly rejected by the industry. Trial lawyers will pursue a
    totally unnecessary increase in minimum insurance requirements
    to destroy small business trucking, and brokers will fight
    tooth and nail against compliance with broker transparency
    compliance which is a rule that is already on the books.
        Let me remind you the old approach simply doesn't work.
    Policies that large carriers swore would improve safety, like
    electronic login devices, have proven to be totally
    ineffective. The pilot program for teenage drivers has been a
    colossal taxpayer-funded failure and its enrollment numbers
    tell the story.
        As I have outlined in my testimony, Congress has the
    ability to make the next Highway Bill the most pro-trucker pro-
    safety bill in history, but only if you commit to prioritizing
    the needs of truckers.
        Thank you for this opportunity. And I look forward to
    answering your questions.
        [The prepared statement of Mr. Pugh follows:]

          Prepared Statement of Lewie Pugh, Executive Vice President,
                 Owner-Operator Independent Drivers Association
        Chairman Young, Ranking Member Peters, and members of the
    Subcommittee, my name is Lewie Pugh and I am the Executive Vice
    President of the Owner-Operator Independent Drivers Association
    (OOIDA). Prior to working at OOIDA, I was a small-business trucker for
    nearly 23 years with 2.5 million miles of safe driving. Before
    operating my own trucking business, I drove a truck during my service
    in the United States Army. I still proudly hold a Commercial Driver's
    License (CDL).
                                  ABOUT OOIDA
        The Owner-Operator Independent Drivers Association (OOIDA) is the
    largest trade association representing small-business truckers and
    professional truck drivers. OOIDA has approximately 150,000 members
    located in all fifty states that collectively own and operate more than
    240,000 individual heavy-duty trucks. OOIDA's mission is to promote and
    protect the interests of our members on any issues that impact their
    economic well-being, working conditions, and the safe operation of
    commercial motor vehicles (CMVs) on our Nation's highways.
        Almost all freight in the United States is carried by a truck at
    some point and over 70 percent is carried exclusively by truckers.
    Small trucking businesses, like those we represent, account for 96
    percent of registered motor carriers in the United States, making them
    a key component of the Nation's supply chain. We are undoubtedly the
    safest and most diverse operators on our Nation's roads. Every region
    of our country and segment of our economy relies upon long-haul truck
    drivers. Our members are an integral part of the global supply chain
    and have a unique perspective on the many challenges our Nation faces
    in moving freight in the safest, most efficient manner.
                                  INTRODUCTION
        The Trump Administration has embraced a new approach to developing
    trucking policy that prioritizes the needs of truckers. It began in
    February when the U.S. Department of Transportation (USDOT) reopened
    the public comment period for its broker transparency rulemaking that
    was launched in 2020 in response to an OOIDA petition. It continued in
    April with an Executive Order addressing an OOIDA request to enforce
    existing English language proficiency rules that have long been
    ignored. And just last month, Secretary Duffy announced the launch of 9
    major initiatives to improve working conditions for truckers that
    directly addressed many longstanding driver concerns, including
    withdrawing the controversial speed limiter mandate.
        These steps are a welcomed and long-overdue departure from the old
    ways of Washington. They demonstrate regulators are finally
    prioritizing truckers over corporate megafleets, shippers, trial
    lawyers, and safety advocates.
        To be clear, OOIDA is a non-partisan organization. We've always had
    a reputation for telling it like it is. We don't pull punches. But we
    also give credit where credit is due, and advocate tirelessly on behalf
    of our members.
        Truckers now need lawmakers to embrace the new approach taken by
    the White House with as much energy and resolve. I assure you this can
    be done in a bipartisan manner that promotes highway safety, improves
    driver recruitment and retention, and increases supply chain
    efficiency. In fact, many of OOIDA's proposals for the highway bill
    already achieve these objectives.
        This includes enhancing driver training, improving restroom access
    at facilities where truckers pick up and deliver freight, and combating
    freight fraud. More broadly, efforts to expand truck parking capacity,
    eliminate the Federal law that prevents truckers from being guaranteed
    overtime pay, and stopping unsafe increases to truck size and weight
    have all garnered significant bipartisan support.
        While truckers are thrilled folks in Washington are finally
    prioritizing their needs, others in our industry will resist this new
    approach. They will want to return to the old way of doing things--when
    maximizing corporate profits, overregulating small businesses, and
    dodging responsibility for improving working conditions for drivers
    took precedence.
        For example, large carriers will oppose OOIDA's efforts to prohibit
    predatory lease-to-own scams that intentionally leave truckers broke
    and empty-handed. Law enforcement will again attempt to mandate
    `trackers on truckers', which have been soundly rejected by industry.
    Trial lawyers will pursue totally unnecessary increases to minimum
    insurance requirements that will destroy small trucking businesses.
    Safety advocates will push for mandating unproven and cost-prohibitive
    equipment like side underride guards. And brokers will fight efforts to
    ensure they finally comply with existing transparency rules.
        If you're not yet ready to embrace the new trend of prioritizing
    the needs of truckers, let me remind you that the old approach simply
    doesn't work. Policies that large carriers swore would improve safety,
    like the electronic logging device mandate, have proven ineffective. As
    predicted, pilot programs for teenage drivers have been colossal
    failures, leading their proponents to blame inward facing camera
    requirements rather than admit their own policies have made trucking
    unappealing to younger Americans.
        Congress has the ability to make the next highway bill the most
    pro-trucker in history, but only if you commit to prioritizing their
    needs. In my testimony, I've outlined several ways you can do so while
    promoting highway safety, improving driver recruitment and retention,
    and increasing supply chain efficiency. I look forward to discussing
    these proposals with you during questioning.
                                DRIVER TRAINING
        The 2022 implementation of new Entry-Level Driver Training (ELDT)
    requirements represented an important first step to ensuring drivers
    entering our industry are properly trained. Unfortunately, far too many
    drivers still lack the basic skills necessary to safely operate a
    commercial vehicle. Congress must take steps to further enhance safety
    by implementing measured and widely-supported improvements to ELDT
    regulations.
        OOIDA favors the introduction of mandatory behind-the-wheel (BTW)
    hours for new drivers. In 2015, we participated in the Federal Motor
    Carrier Safety Administration's (FMCSA) Entry-Level Driver Training
    Advisory Committee (ELDTAC). ELDTAC was comprised of 26 industry
    representatives tasked with conducting a negotiated rulemaking on
    training regulations and requirements. The panel overwhelmingly
    supported establishing a minimum number of BTW hours in the rulemaking.
    As a result, the agency's Notice of Proposed of Rulemaking originally
    contained a 30-hour BTW benchmark. Regrettably, this critical element
    was omitted in the final ELDT rule.
        Compared to the brief evaluation an examiner is currently required
    to conduct, mandatory BTW training provides greater opportunity to
    evaluate the skills of the entry-level driver and for the trainer to
    offer corrective actions. These hours expose the entry-level driver to
    multiple road signs and various traffic/roadway situations, giving the
    instructor more options to identify and correct deficiencies. At a
    minimum, Congress should improve ELDT by embracing the ELDTAC's
    recommendation that drivers complete a minimum of 30 hours BTW
    training.
        OOIDA also supports the Commercial Motor Vehicle English
    Proficiency Act, S. 2114, introduced by Senator Roger Marshall (R-KS).
    This common-sense bill would require drivers demonstrate they can read
    critical road signs before being permitted to operate an 80,000 lb.
    vehicle on public roadways. It would also require CDL testing be
    conducted only in English. In addition to reading road signs,
    professional truckers routinely communicate with law enforcement and
    first responders in order to do their jobs safely and effectively.
    OOIDA has long advocated for stronger driver training requirements and
    we believe S. 2114 is a key element to achieving this goal.
                                RESTROOM ACCESS
        Most Americans take for granted the fact they readily have access
    to a restroom, especially where they work. For truckers who make their
    living on the road, they often depend on accessing restrooms at
    facilities where they pick-up or deliver freight. Unbelievably,
    professional drivers are frequently denied restroom access at these
    locations. While this problem effects all truckers, it is particularly
    burdensome for female drivers.
        Although this problem has been going on for years, the COVID-19
    pandemic made it worse. Throughout the pandemic, truckers literally put
    their lives on the line to keep the Nation safe. Yet at the same time,
    shippers and receivers started restricting access to their facilities,
    including restrooms. Suddenly, finding a place to use the bathroom
    became more difficult, even impossible at times for our members. While
    the pandemic has subsided and life has largely returned to normal, some
    businesses have kept these crude restrictions in place.
        OOIDA has championed legislation in the House that would solve this
    problem. The Trucker Bathroom Access Act, H.R. 2514, is
    straightforward, bipartisan legislation that would provide truckers the
    dignity and respect they deserve. It is supported by both trucking and
    retail organizations. The bill simply requires that if a business has a
    restroom available for employees or customers, then that restroom must
    also be available to truckers when they are picking up or delivering
    freight. Importantly, the legislation does not require that a business
    build any new restrooms and includes guardrails for safety and security
    considerations at shippers and receivers.
     BROKER TRANSPARENCY, FREIGHT FRAUD, & THE FEDERAL REGISTRATION SYSTEM
        Existing regulations (49 CFR 371.3) require brokers to keep records
    of transactions with motor carriers. Under 371.3, each party to a
    brokered transaction also has the right to review the record of the
    transaction. This allows our members to know precisely how much a
    shipper paid the broker and how much the broker then paid the motor
    carrier. These regulations also enable carriers to verify claims
    charged against them after they finish hauling a load. As motor
    carriers are increasingly victimized by freight fraud, unpaid claims,
    dubious charges, unpaid loads, double brokered loads, and load phishing
    schemes, the current lack of transparency has left them little to no
    means to defend themselves from fraud.
        Unfortunately, brokers have a long history of deliberately and
    blatantly circumventing transparency requirements. In order to protect
    against fraud and scams, we tell our members that they should closely
    examine documentation and verify that all information is legitimate. If
    brokers are allowed to continue evading Federal transparency
    regulations, it makes it difficult for carriers to determine who is
    adhering to the rules or who may be trying to scam them. In short,
    practices that undermine trust and transparency will make it harder to
    determine who is a bad actor.
        In May 2020, OOIDA submitted a Petition for Rulemaking with FMCSA
    to ensure compliance with 371.3. The petition requested that brokers
    automatically provide an electronic copy of each transaction record
    within 48 hours after the contractual service has been completed and
    asked that brokers be prohibited from including any provision in their
    contracts that requires a carrier to waive their rights to access
    transaction records--a shady practice that is rampant among brokers.
    Our rulemaking was granted by FMCSA during the first Trump
    Administration.
        Since the launch of the rulemaking in August 2020, OOIDA and its
    membership submitted thousands of comments to FMCSA, conducted meetings
    with regulators and lawmakers, and participated in public listening
    sessions supporting the need for transparency. These efforts culminated
    in the Biden Administration publishing an NPRM in November 2024,
    demonstrating that ensuring transparency has bipartisan appeal. The
    public comment period initially closed on January 21, 2025, but was
    reopened by the Trump Administration earlier this year for additional
    feedback.
        Unfortunately, the NPRM does not explicitly include the two
    significant reforms we recommended. However, the proposal will help
    ensure that carriers finally have access to fundamental transactional
    documentation and restore a level playing field between carriers,
    shippers, and brokers. We have submitted separate comments detailing
    what FMCSA must do to strengthen the rulemaking, such as clarifying how
    they will enforce the rules and closing all loopholes that let brokers
    waive transparency rights. If implemented properly, this rulemaking
    will contribute to a more ethical, fair, and efficient freight
    brokerage marketplace.
        If FMCSA is unable to finalize a rule that fully prevents brokers
    from evading Federal transparency regulations, it is imperative
    Congress compel the agency to do so.
        Additionally, OOIDA, along with numerous other trucking industry
    stakeholders, strongly supports bipartisan legislation introduced by
    Senators Deb Fischer (R-NE) and Tammy Duckworth (D-IL) to combat
    freight fraud. S. 337, the Household Goods Shipping Consumer Protection
    Act, would restore FMCSA's authority to impose civil penalties on
    unauthorized brokers, require physical addresses for brokers, compel
    the agency to analyze trends and commonalities among companies applying
    for shipping authority to identify potentially bad actors before they
    commit fraud, and allow states to use Federal funds to enforce consumer
    protection laws relating to freight movement. Earlier this year, the
    bill passed this Committee with broad bipartisan support. If it is
    unable to pass the Senate independently, it is critical S. 337 be
    included in the next Highway Bill.
        We also thank FMCSA for responding to feedback from the trucking
    industry by addressing freight fraud through other actions. The agency
    has proposed and/or finalized various fraud-related rulemakings,
    established a registration fraud team, and is currently rolling out an
    updated registration modernization hub known as the Federal
    Registration System (FRS). FRS should help motor carriers, drivers, and
    brokers consolidate their required business information into a
    centralized portal, while preventing fraudulent actors from entering
    the industry. If administered effectively, we are optimistic the system
    can improve the registration process, enhance user experience,
    incorporate identity verification tools, and more readily identify
    fraud within the supply chain. However, the Committee must ensure that
    FMCSA is implementing these new systems and identify verification
    protocols in a safe, reliable manner that protects legitimate
    stakeholders.
                                UNDER-21 DRIVERS
        Large motor carriers have long peddled the thoroughly debunked myth
    of a driver shortage to promote policies that enable them to hire the
    cheapest labor possible. This includes recent efforts to lower the
    minimum age for driving interstate to 18 years old.
        Over the objections of OOIDA, organized labor, and safety advocacy
    groups, Congress authorized the failed Safe Driver Apprenticeship Pilot
    Program in IIJA. Since the pilot program's launch in January 2022,
    large carriers have struggled mightily to find 18, 19, and 20-year-olds
    interested in participating. In several years, the program has only
    registered a few dozen applicants. The American Trucking Associations,
    who clamored for the inclusion of this initiative in IIJA and called
    the utilization of existing registered apprenticeship programs the
    ``gold standard'' for driver training, later reversed course and said
    the stringent apprenticeship standards discouraged participants.
    Carriers have also blamed the required use of inward-facing cameras for
    lackluster driver participation. This is despite the fact that one of
    their largest carriers recently announced they will equip all of their
    tractors with driver-facing cameras.\1\ Large carriers will continue to
    struggle to find participants in the Safe Driver Apprenticeship Pilot
    Program as long as it is authorized, but it's not because of the
    scapegoats they have identified.
    ---------------------------------------------------------------------------
        \1\ Avila, Larry. ``JB Hunt Rolls out Driver-Facing Ca6meras.''
    Transport Dive, 26 Apr. 2023, https://www.transportdive.com/news/jb-
    hunt-driver-facing-cameras-ATRI-issues-opportunities-report/647985/.
    ---------------------------------------------------------------------------
        The pilot program has failed to yield a valid sample size and has
    inadvertently shed light on some of the fundamental problems in
    trucking that have stunted the retention of drivers. Rather than
    extending the pilot or decreasing the minimum age requirements for CDL
    holders, the Committee should consider alternative solutions that solve
    some of the problems that drive support for permitting younger drivers
    to haul interstate.
        OOIDA agrees prohibiting younger drivers from crossing state lines
    is foolish. For example, it makes little sense for a young trucker in
    Kansas City, KS, to be allowed to drive to the state's border with
    Colorado, but not deliver freight in neighboring Kansas City, MO. But
    the solution to this problem is not suddenly permitting that
    inexperienced driver to cross the country without limitations, entering
    terrain and experiencing elements they find unfamiliar and have not
    been trained to handle safely.
        Instead, the Committee should consider implementing an air-mile
    radius for younger drivers to operate within that would permit them to
    cross state lines. Not only will this allow businesses shipping across
    state borders to improve their efficiency, it will give inexperienced
    drivers better opportunity to develop their skills in familiar
    conditions while receiving more advanced training. Then, they can enter
    the long-haul segment of our industry when they reach 21 years of age
    better prepared for safe, productive careers behind the wheel of a CMV.
    OOIDA believes a 150-mile radius, which is currently in effect for
    other programs at USDOT, would be appropriate.
        While OOIDA has long opposed large carriers' efforts to expand
    their driver pool to teenagers on the false narrative of a driver
    shortage, we view our air-mile radius proposal as a safer alternative
    that provides benefits to shippers, carriers, and new drivers.
                         PREDATORY LEASE-TO-OWN SCHEMES
        Predatory truck leasing schemes are another longstanding problem
    within our industry. While traditional lease agreements can allow
    truckers to operate as independent small-businesses, there is a subset
    of leasing arrangements that almost always exploits drivers. Under
    these ``lease-purchase'' or ``lease-to-own'' agreements, a motor
    carrier (or related entity) owns a truck and leases it to a driver. In
    turn, the driver enters in to an agreement to lease the truck back to
    and operate it for the motor carrier. This this scenario, the motor
    carrier and lessor are effectively the same entity.
        Companies peddling these supposed ``opportunities'' typically offer
    the false promise of fair compensation, future ownership of the truck,
    and independence from employer-employee requirements. While the
    purported goal of these agreements is for the driver to become a full-
    fledged owner-operator at the end of the lease, these schemes rarely
    work. Instead, drivers are paid pennies on the dollar and have their
    work limited by the leasing entity to prevent them from ever securing
    ownership of the truck they lease. They are also provided no
    independence to seek better compensation or more steady work with other
    motor carriers.
        This system pushes individuals who genuinely desire a career in
    trucking out of the industry and further contributes to driver
    turnover. Additionally, the financial and personal pressures resulting
    from escalating debt can create highway safety risks.
        OOIDA supported the establishment of the Truck Leasing Task Force
    (TLTF) in IIJA and its mission to examine the terms, conditions, and
    equitability of common truck leasing arrangements. Following a series
    of productive meetings and discussions, TLTF submitted their findings
    to USDOT, the Department of Labor, and Congress in January 2025. OOIDA
    echoes TLTF's final report which found that the negative impacts of
    inequitable lease-purchase programs negatively affect individual
    drivers (especially new drivers), the trucking workforce, the health of
    the industry, and roadway safety. We encourage the Committee to
    implement TLTF's comprehensive recommendations including enacting a
    statutory prohibition on CMV lease-purchase agreements as irredeemable
    tools of fraud and driver oppression.
                    MINIMUM LIABILITY INSURANCE REQUIREMENTS
        OOIDA has long fought efforts to increase minimum liability
    insurance requirements for motor carriers and will vehemently oppose
    legislation that includes an increase of any amount. Not only is such
    an increase wholly unnecessary, it would do nothing to improve highway
    safety, needlessly jeopardize countless blue-collar jobs, and destroy
    many small trucking businesses.
        Federal research has demonstrated such a change is entirely
    unnecessary. A Congressionally-required study determined the vast
    majority of truck-involved crashes do not exceed today's minimum
    insurance levels. In fact, the existing minimum of $750,000 covers
    costs in over 99 percent of crashes involving a CMV.
        It's important to understand the impact any increase would have on
    our economy. Increasing motor carriers' minimum liability requirements
    would affect all businesses transporting property, not just long-haul
    trucking operations. The impact would be felt in many sectors of the
    economy, including the agriculture, construction, manufacturing,
    towing, and materials industries. Raising insurance minimums for
    countless businesses engaged in trucking would undoubtedly cause many
    to shutter, leading to the loss of blue-collar jobs. This policy
    clearly does not belong in legislation that is designed to rebuild our
    infrastructure and encourage economic growth.
        Calls for higher insurance requirements have come from trial
    lawyers looking to line their pockets at the expense of truckers,
    farmers, ranchers, towers, construction firms, manufacturers and any
    other industries reliant upon trucking. We strongly encourage members
    of the Committee to prevent any such provision from being included in
    the next surface transportation reauthorization.
                                 SPEED LIMITERS
        In 2022, FMCSA launched a controversial speed limiter rulemaking
    that would restrict all heavy-duty CMVs to a single top speed across
    the country, as low as 60 miles per hour. This mandate would have a
    negative effect on road safety, crash rates, driver retention, and
    supply chain performance, which is precisely why it is incredibly
    unpopular among professional drivers.
        While the Trump Administration has recognized the strong opposition
    to speed limiters among truckers and announced USDOT will withdraw the
    rulemaking, there are lawmakers who want to use surface transportation
    reauthorization to impose a mandate over our members' and other
    industry stakeholders' objections. These efforts must be rejected by
    the Committee.
        However, OOIDA strongly supports efforts to go a step farther. The
    DRIVE Act, S. 1696, is legislation introduced by Senator Steve Daines
    (R-MT) that would prevent future Administrations from advancing any
    policies that create dangerous speed differentials among vehicles,
    which are proven to lead to higher crash rates. We believe this
    proposal must be included in the next Highway Bill.
                    ELECTRONIC LOGGING DEVICE CERTIFICATION
        Since its implementation in 2017, the Federal Electronic Logging
    Device (ELD) mandate has been beleaguered by FMCSA's decision to allow
    manufacturers to self-certify devices. Over the last several years,
    nearly 300 ELDs have been deemed non-compliant by the agency, leaving
    truckers little confidence in determining what devices will ensure
    their long-term compliance with the regulation.
        Since Congress forced truckers to comply with this mandate, you
    must now compel FMCSA to implement a long overdue certification process
    that prevents non-compliant devices from ever entering the marketplace.
        A robust certification process would also address long-standing
    concerns involving cybersecurity threats related to ELDs. In 2020, the
    Federal Bureau of Investigation (FBI) issued a bulletin indicating
    self-certified devices did not follow cybersecurity best practices and
    were vulnerable to compromise. Specifically, the bulletin stated,
    ``Although the mandate seeks to provide safety and efficiency benefits,
    it does not contain cybersecurity requirements for manufacturers or
    suppliers of ELDs, and there is no requirement for third-party
    validation or testing prior to the ELD self-certification process. This
    poses a risk to businesses because ELDs create a bridge between
    previously unconnected systems critical to trucking operations.'' These
    conditions have not changed in five years.
        Furthermore, Congress must impose a ban on technology from hostile
    nations like Russia and China from being utilized in ELDs that track
    American truckers. ELDs generate copious amounts of data about our
    supply chain, including the movement of specific vehicles. Allowing our
    enemies and competitors unimpeded access to this data should concern
    lawmakers as much as it does the truckers who are forced to use the
    devices. This kind of ban could also be achieved by enacting a rigorous
    certification process at FMCSA.
                             SIDE UNDERRIDE GUARDS
        Truckers hold a number of concerns about mandating underride
    equipment, specifically side underride guards. These include
    operational and safety challenges regarding rail-crossings, loading
    docks, and low ground clearances, as well as equipment damage resulting
    from curbs, roundabouts, speed bumps, and other highway features.
    Additionally, there are no commercially-available side underride guards
    that have demonstrated a capability to fully prevent passenger
    compartment intrusion among passenger vehicles in highway driving
    conditions, raising serious concerns about their purported efficacy and
    benefits.
        For decades, the National Highway Traffic Safety Administration
    (NHTSA) has considered numerous options involving side underride
    guards. NHTSA has consistently concluded Federal mandates would be
    impractical and cost-prohibitive. The Committee must reject calls for
    this unworkable and costly mandate to be included in surface
    transportation reauthorization.
           UNIQUE ELECTRONIC IDENTIFIERS OR ``TRACKERS ON TRUCKERS''
        Truckers strongly oppose the Commercial Vehicle Safety Alliance's
    (CVSA) proposal to mandate the use of Universal Electronic Identifiers
    (UEI) or as OOIDA calls them, ``Trackers on Truckers''. Our members
    have been extremely clear that this concept is an unwarranted intrusion
    into their privacy, as well as an overly costly and burdensome
    requirement that does nothing to improve their efficiency or safety.
    Due to the absence of any research demonstrating how the use of UEI
    technology would improve safety, the motivation for pursuing this
    mandate appears to be nothing more than adding convenience for
    enforcement agencies.
        In fact, truckers are concerned the implementation of this proposal
    would negatively affect highway safety if enforcement officers begin
    prioritizing roadside inspections based on potentially unreliable data,
    instead of observable safety hazards. To make matters worse, barreling
    forward with a new mandate involving the transmission of sensitive
    information only intensifies concerns involving identity theft, cargo
    theft, security threats, and more.
        This is likely why FMCSA's September 2022 ANPRM on UEI was soundly
    rejected by industry stakeholders and never advanced through the
    regulatory process. Having reached a dead-end at the agency, CVSA is
    now turning to Congress to impose an unnecessary mandate over the
    objections of motor carriers and professional drivers. The organization
    claims the technology would only be required to transmit identifying
    information related to the CMV. However, FMCSA's stalled ANPRM went
    much further and included the possible transmission of information
    related to the individual trucker operating the vehicle. And as we've
    seen with the ELD mandate, manufacturers have gone well beyond what
    Congress required and offered devices that collect and transmit all
    types of information. As a result, truckers have little faith in CVSA
    and others' long-term commitment to limiting the type of information
    being shared.
                TOLLING AUTHORITY EXPANSION & CONGESTION PRICING
        Truckers hate tolls. They are an extremely inefficient and
    unreliable source of funding. Truckers also hate congestion pricing,
    which unfairly penalizes them for conditions beyond their control.
    Efforts to expand the use of tolling and congestion pricing are the
    direct result of Federal lawmakers' inability to establish sustainable
    funding streams for our highways. Rather than shifting responsibility
    (and blame) to state and local decisionmakers for your own lack of
    political will, Congress should increase the efficient and reliable
    user fees in place today, as well as take simple steps to ensure all
    road users are contributing to the maintenance and development of our
    infrastructure.
        Truckers often have limited control over their schedules, and are
    subject to the demands of shippers and rigid hours-of-service (HOS)
    regulations. They have little choice but to use a tolled road (if a
    non-tolled alternative isn't available) or drive through metropolitan
    areas during times of high congestion. Unlike other highway users,
    truckers may lack the ability to choose alternate routes to avoid
    congestion due to size and weight restrictions, heavy vehicle
    prohibitions, and other limitations on ancillary roads. For these
    reasons, tolling and congestion fees disproportionately and unfairly
    impact truckers.
        Let us be clear--small trucking businesses, which already pay tens-
    of-thousands of dollars in taxes every year to maintain our
    infrastructure, are willing to pay more for improved infrastructure, so
    long as it is done in a fair and equitable way. OOIDA has long
    advocated for increases to existing fuel taxes as a way to fund greater
    infrastructure investment. We support new funding mechanisms proposed
    by both the American Highway Users Alliance (AHUA) and the Truckload
    Carriers Association (TCA), which ensure all users are finally paying
    to maintain our roads and bridges.
        If Congress is considering raising revenue, it should have the
    political courage to do so through proven, cost-effective methods like
    fuel taxes, instead of methods like tolling that disproportionately
    harm truckers. The Committee must take steps to not only limit the
    tolling of currently non-tolled highways, but ensure revenue is being
    used exclusively for the maintenance of the tolled asset.
                          VEHICLE MILES TRAVELED FEES
        The authorization of programs to administer Vehicle Miles Traveled
    (VMT) fees, including those targeting only truckers, would be premature
    for the next highway bill. Existing user fees are already incredibly
    efficient and easily administered. These are thoroughly proven
    mechanisms that provide a transparent and effective way to fund highway
    construction and maintenance. The costs of administering these user
    fees are extremely low--estimated to be less than 1 percent of all
    revenues collected. If Congress is serious about raising revenue in the
    near term, it must acknowledge increasing existing user fees is the
    most practical and effective solution.
        In contrast, truck-only VMT taxes have proven to be highly
    problematic and largely unsuccessful. Whereas gasoline and diesel taxes
    have low administration costs because they are collected from a small
    number of entities, a VMT tax imposed on truckers would skyrocket the
    number of payers into the millions. Such a tax structure would be
    incredibly difficult to enforce and would require a major expansion of
    Federal bureaucracy.
        It is a common misconception that increased costs associated with
    truck-only VMTs could simply be passed on to shippers. While its true
    most motor carriers are now capable of passing fuel surcharges along,
    it took truckers decades to defer the rising cost of fuel to their
    customers. Shippers will similarly be unlikely to immediately accept
    higher fees to cover the cost of truck-only VMT. Instead, they will
    simply hire carriers willing to absorb the most cost. For small-
    business truckers, who operate on the slimmest of margins, this would
    be particularly harmful. While shippers may one day be willing to
    accept charges for VMT, the initial years or decades of implementation
    could be devastating to small businesses.
        IIJA required USDOT to create the Federal System Funding
    Alternative Advisory Board, a panel directed to analyze VMT. OOIDA has
    a seat on this advisory panel, but the board has only recently begun
    its work. It would be premature for Congress to take any additional
    steps to advance VMT until the panel has finished its report, which
    will include recommendations related to the structure, scope, and
    methodology for developing and implementing a nationwide pilot program.
                NATIONAL CONSUMER COMPLAINT DATABASE IMPROVEMENT
        FMCSA's National Consumer Complaint Database (NCCDB) has proven to
    be an ineffective tool for motor carriers and drivers to report
    coercion and unsafe practices committed by motor carriers, unscrupulous
    activities conducted by brokers, and cases of freight fraud. Typically,
    truckers do not receive a satisfactory response when they call the
    NCCDB hotline or submit their concerns via the online portal--if they
    receive one at all. The lack of response from FMCSA discourages
    truckers from using the NCCDB to submit cases, which also contributes
    to a lack of understanding of the scope of the problems our members
    face with motor carries and brokers.
        FMCSA must improve its response to complaints filed through NCCDB,
    but we recognize the agency likely lacks the resources to do so. NCCDB
    improvements are especially important in light of potential changes to
    HOS rules resulting from upcoming FMCSA pilot programs. HOS flexibility
    must be used at the discretion of drivers; in instances where carriers
    are forcing or coercing drivers to use flexibility in an unsafe way,
    drivers must have a reliable outlet to report these abuses.
        IIJA required the Government Accountability Office (GAO) to examine
    the NCCDB and evaluate the effectiveness of efforts to consider and
    follow-up on complaints submitted to the database, the types of
    complaints, and awareness of the system. The GAO published their
    findings in September 2023, stating, ``FMCSA has not designed
    sufficient controls to help ensure its policy for reviewing complaints
    related to motor carriers is followed.''\2\
    ---------------------------------------------------------------------------
        \2\ GAO Report to Congressional Committees, ``Motor Carrier
    Operations: Improvements Needed to Federal System for Collecting and
    Addressing Complaints against Truck, Moving, and Bus Companies,''
    September 19, 2023, (GAO-23-105972, https://www.gao.gov/assets/
    d23105972.pdf.
    ---------------------------------------------------------------------------
        We are optimistic that Secretary Duffy's recent announcement that
    the NCCDB is being migrated to a modern customer service platform to be
    more user-and mobile-friendly will help streamline the response
    process, improve response timeliness, expand complaint categories to
    include property brokers, and initiate enforcement action when
    applicable.
        We believe ongoing NCCDB changes can further be supplemented simply
    by changing the name of the system. Possible suggestions for a more
    logical name would be the ``National Truck Safety Hotline'' or the
    ``Truck Safety and Compliance Hotline.'' A new, more identifiable name
    would help raise the platform's awareness among professional truckers
    and improve its utilization.
        Each year, FMCSA receives hundreds-of-millions of dollars for
    enforcement purposes, a large portion of which is devoted to ensuring
    compliance with regulations that have little to do with highway safety.
    While OOIDA is not in favor of increasing overall enforcement funding
    for FMCSA, we encourage the Committee to repurpose many of these
    dollars--derived largely from user fees imposed on motor carriers--to
    make NCCDB an effective and reliable tool for truckers to report
    concerns.
           ENGLISH PROFICIENCY, NON-DOMICILED CDL HOLDERS, & CABOTAGE
        At a minimum, motor carriers and drivers should be expected to
    comply with existing regulations that promote safety. One such
    requirement is that drivers are able to understand and communicate in
    English. 49 CFR 391.11(b)(2) states that a person is qualified to drive
    a truck only if they, ``Can read and speak the English language
    sufficiently to converse with the general public, to understand highway
    traffic signs and signals in the English language, to respond to
    official inquiries, and to make entries on reports and records.'' The
    ability to understand and react to road signs, especially in emergency
    situations, is critical for public and operational safety. Drivers must
    also be able to communicate with law enforcement and, in the case of an
    emergency, first responders.
        On April 28th, President Trump issued Executive Order 14286,
    ``Enforcing Commonsense Rules of the Road for America's Truck
    Drivers.'' The action outlined procedures that have since reinstated
    English proficiency violations back into the Out-of-Service Criteria.
    OOIDA strongly agrees with President Trump's decision to resume
    enforcement of English proficiency requirements for commercial drivers.
    We believe the Executive Order is a welcome step towards restoring a
    commonsense safety standard. OOIDA has also supported legislative
    efforts strengthening English Language Proficiency regulations. S. 2114
    would ensure English Language Proficiency is included in CDL testing
    procedures, while H.R. 3608 would codify licensing and enforcement
    aspects of the Executive Order into regulations.
        Additionally, we applaud the Executive Order's objective to gather
    more information on the number of drivers with non-domiciled CDLs
    currently operating on our roads. Non-domiciled CDLs allow individuals
    to operate a CMV for work, regardless of whether they are an American
    citizen or came to the U.S. with a work visa. FMCSA issued regulatory
    guidance in 2019 that created a loophole for states to expand the
    issuance of non-domiciled CDLs. We are hearing growing concerns from
    truckers about the prevalence of drivers using these licenses. As USDOT
    conducts a nationwide audit into state practices about issuing non-
    domiciled CDLs, we urge the Committee to consider how these drivers are
    being recruited, compensated, and treated, and the safety records of
    carriers utilizing these CDL holders. Furthermore, we question the need
    for this program entirely, as trucking is currently experiencing over-
    capacity that limits job opportunities for domestic drivers.
        Finally, drivers from Mexico and Canada are being enticed by fleets
    to remain in the U.S. after hauling freight across our borders for the
    purpose of illegally transporting domestic loads. In many cases, fleets
    utilizing these drivers can pay them a fraction of the compensation of
    an American trucker, providing a financial incentive to continue this
    illegal practice. In addition to suppressing domestic wages, this
    practice allows drivers who have completed lower safety standards to
    operate on American roads. Law enforcement must do a better job
    identifying violations and enforcing existing cabotage rules, and FMCSA
    must take aggressive action against fleets found to be violating these
    laws.
                      UNIFIED CARRIER REGISTRATION REPEAL
        Administered by the Federal and state governments through a
    partnership with the motor carrier industry, the Unified Carrier
    Registration (UCR) system imposes various taxes on motor carriers and
    distributes the resulting revenue to 41 participating states. The
    system was established in 2005 for the purpose of maintaining a single
    national register of motor carriers conducting interstate travel.
    However, the system no longer meets its original objectives and
    currently does nothing more than generate revenue for states. As a
    result, UCR is a chief example of government bloat and should be
    repealed.
        Truckers also have concerns with how the system is administered,
    starting with the inequity in the assessment of fees on motor carriers.
    The current tax structure is particularly burdensome and costly for
    single truck operators or small fleet carriers, who are assessed
    disproportionately higher fees than their larger competitors. In
    addition to concerns about inequality, the system lacks the
    transparency and accountability to merit the trust and support of motor
    carriers and Congress. Because oversight of the system is practically
    non-existent, lucrative contracts for services have been doled out with
    little to no competition or transparency.
        In fact, transparency throughout the program is severely lacking.
    Often, it is difficult to determine precisely what programs UCR taxes
    are supporting within participating states. Many states use UCR revenue
    as a non-federal match for Motor Carrier Safety Assistance Program
    (MCSAP) funding, which is devoted primarily to enforcement.
    Essentially, these states are utilizing a federally-authorized tax on
    motor carriers to leverage additional Federal funding for the policing
    of truckers. Rather than returning surplus funds to the depository,
    several `donor states' are currently flouting the UCR agreement and
    keeping revenues that exceed their entitlement in state coffers.
                                  HAIR TESTING
        No one better understands the critical role that drug and alcohol
    testing fulfills in keeping America's highways safe than OOIDA members.
    However, there are still significant debates and unanswered questions
    concerning the use of hair testing. We do know hair testing can lead to
    false positives because of environmental contamination and the
    interference of cosmetic treatment on the analysis of hair.
        Variances in hair types have also posed difficulties in
    standardizing drug testing. Hair shape, size, color, texture,
    formation, and other qualities varies by race, sex, age, and position
    on the scalp. Not surprisingly, all these limitations have led to
    discriminatory employment practices. There is no shortage of research
    illustrating these concerns and that is why the Department of Health
    and Human Services (HHS) refrained from mandating hair testing in their
    2020 proposed guidelines. OOIDA remains opposed to any sort of hair
    testing mandate that would be initiated by Congress or HHS.
           CRITICAL ISSUES OUTSIDE THE JURISDICTION OF THE COMMITTEE
                                 TRUCK PARKING
        OOIDA will not support surface transportation reauthorization that
    fails to dedicate Federal funding exclusively for the expansion of
    truck parking capacity. Specifically, truckers favor solutions included
    in the Truck Parking Safety Improvement Act, H.R. 1659. This bipartisan
    legislation enjoys universal industry and stakeholder support.
        Alleviating the truck parking shortage has been the top safety
    concern for American truckers for decades. Members of Congress from
    every corner of the country and across the political spectrum have
    supported this legislation over the years because they understand the
    truck parking crisis is negatively affecting their constituents who
    make a living behind the wheel. With research indicating there is a
    single parking spot available for every 11 trucks on the road, the lack
    of available spaces is forcing truckers to choose between parking in a
    potentially unsafe location, such as a highway shoulder, or continuing
    to drive while they feel fatigued or are out of available driving hours
    under federally-mandated HOS regulations. Increasingly, these factors
    are also negatively affecting the safety of the driving public.
        The current highway bill increased spending on things like CMV
    regulatory enforcement, created new uses of funds from the Highway
    Trust Fund (HTF) for water infrastructure projects, vegetation
    management, and other non-road projects, and authorized $800 million
    for a new bike lane program, as well as a new program to promote
    ``pollinator management'' along highways. At the same time, Congress--
    specifically the Senate--failed to prioritize or dedicate funding for
    truck parking.
        Somehow, after nearly a decade of unified advocacy, the trucking
    industry still finds itself pleading for help and feeling anxious that
    the Senate may again fail to act. Frankly, truckers are sick and tired
    of some lawmakers ignoring their pressing safety needs while funding
    other pet projects, and rest assured, they will be watching closely to
    see if Washington finally delivers. If the next surface transportation
    reauthorization fails to provide dedicated funding for truck parking,
    but authorizes even a single penny of funding for new initiatives,
    OOIDA will use every tool it has to ensure the legislation is defeated.
                            SIZE & WEIGHT INCREASES
        OOIDA opposes controversial proposals to increase the size and
    weight of CMVs, which would reduce safety and adversely impact small
    trucking businesses. In fact, allowing bigger and heavier trucks on our
    roads would only benefit shippers and a handful of large corporate
    motor carriers.
        These proposals would pressure small trucking businesses to
    increase their hauling capacity to stay competitive. Unlike large
    carriers, who could transition their fleets over time while maintaining
    business, smaller trucking companies and owner-operators would be
    forced to immediately modify their equipment at great cost just to
    remain viable. Unfortunately, previous weight increases have
    demonstrated heavier trucks don't lead to better compensation for
    professional drivers, as some proponents have mistakenly claimed.
        We remind lawmakers that earlier this year, one of the Nation's
    largest retail businesses admitted before a House Committee that they
    would not pay truckers a penny more for hauling additional freight.
    Considering these factors, increasing size and weight is all cost and
    no benefit for truckers. Additionally, there is currently an excess of
    trucking capacity, and motor carriers remain more than capable of
    meeting the Nation's ongoing transportation needs.
        Congress must also reject efforts to allow commodity-specific
    exemptions, especially for the movement of electric vehicles (EV).
    Providing preferential treatment to EV manufacturers would create a
    scenario in which heavier auto transporters inflict greater damage to
    our roads, while the owners of the EVs being hauled will pay NO fees to
    maintain our infrastructure. Truckers see these proposals for the scams
    they are and implore the Committee to reject policies that benefit EV
    manufacturers and owners at a cost to small trucking businesses. Rather
    than providing favors to select entities in our industry, Congress
    should instead focus on policies that improve conditions for trucking
    operations of all sizes.
                INDEPENDENT CONTRACTORS & WORKER CLASSIFICATION
        Some trade associations and large motor carriers have claimed
    independent contractors in trucking are threatened by the Department of
    Labor's (DOL) 2024 worker classification rule, and that this rule
    presents safety issues for truckers and the public. This is patently
    false.
        To set the record straight, the 2024 rule has not jeopardized or
    limited any of our 150,000 members' ability to utilize the independent
    contractor model as owner-operators, and claims that this rule must be
    changed to protect the trucking industry, public safety, or the supply
    chain are unfounded. Small-business truckers and owner-operators
    continue to have the discretion to run their business in the safest and
    most efficient way possible.
        We believe DOL's 2024 rule struck an appropriate balance for worker
    classification and eliminated a concerning provision from the 2021 rule
    that encroached on USDOT's, and this Committee's, authority. This 2021
    provision would have also allowed carriers to micromanage an owner-
    operator's business.
        In its 2021 Final Rule, DOL created an exemption for ``safety''
    requirements, clarifying that anything a carrier required in the name
    of safety could not be used as evidence that a hiring entity was
    controlling its worker. DOL specifically noted that a contractual
    requirement for an owner-operator leased to a carrier to use a speed
    limiter was ``implemented in order to comply with specific legal
    obligations and to ensure safety,'' and that this requirement wasn't
    controlling how an owner-operator chose to manage their business.
        Going further, in an opinion letter issued in conjunction with the
    Final Rule, DOL said that requiring owner-operators to use and comply
    with intrusive inward-facing cameras, monthly safety meetings, onboard
    monitoring systems, and numerous other measures were simply adhering to
    ``certain rules to which the worker is already legally bound,'' and
    that they therefore aren't controlling a trucker's operation.
        Given that USDOT has never mandated these technologies or
    requirements, we believe that DOL infringed on USDOT's authority by
    determining that these measures improved safety and constitute a
    specific legal obligation. In fact, as already mentioned in this
    testimony, USDOT recently announced that it would withdraw its proposed
    speed limiter rulemaking. In its announcement, the Department even
    called speed limiters a ``safety hazard'', eliminating any argument
    that these devices should be considered safety equipment by DOL.
        We urge lawmakers to reject any proposals that are promoted under
    the guise of protecting independent contractors and be skeptical of
    legislation that would limit or conflict with this Committee's work to
    promote safety, small businesses, and the supply chain.
                    GUARANTEED OVERTIME FOR EMPLOYEE DRIVERS
        An outdated exemption in the Fair Labor Standards Act (FLSA) denies
    employee drivers guaranteed overtime pay. This policy has exacerbated
    problems the Committee has sought to address in the past, including
    detention time, driver retention, and even highway safety. S. 893, the
    Guaranteeing Overtime for Truckers (GOT Truckers) Act, would eliminate
    this exemption, finally placing a value on all of the hours a driver
    works, and help address these problems.
        First, eliminating the current exemption would force shippers,
    receivers, and others throughout the supply chain to value all of a
    driver's working hours, and in turn, reduce detention time. Drivers are
    often not paid for detention time, and even when they are, industry
    practice dictates that drivers give up two hours of their time for free
    while they wait to be loaded or unloaded. As a result, drivers work 50,
    60, and up to 70 hours in a week, with many of these hours spent
    unpaid, waiting at the loading dock. If drivers were paid overtime,
    then entities throughout the supply chain would finally have to pay
    drivers for all their hours on the clock and have an incentive to keep
    them moving.
        Eliminating the exemption would also help improve driver pay and
    retention, especially in light of the One Big Beautiful Bill (OBBB).
    OBBB exempts overtime wages from taxes, but only if these overtime
    wages are required to be paid under the FLSA. Because truck drivers are
    exempt from the FLSA overtime provision, even if they are currently
    working for a carrier that pays them overtime, they will not benefit
    from ``no taxes on OT''. Eliminating this discrepancy will put truckers
    on equal footing with most other blue-collar workers who will be
    getting tax-free overtime in the coming years. This in turn will help
    keep drivers in the industry instead of seeking a new job with better
    compensation.
        While this legislation falls outside the Committee's jurisdiction,
    we hope that you will support S. 893 to help address a number of
    related issues before the committee.

        Senator Young. Thank you for your words, Mr. Pugh.
        Mr. Ferguson, you are now recognized for 5 minutes.

     STATEMENT OF FRED C. FERGUSON, PRESIDENT AND CHIEF EXECUTIVE
                   OFFICER, AMERICAN BUS ASSOCIATION

        Mr. Ferguson. On behalf of the American Bus Association and
    the $90 billion motor coach and group travel industry, thank
    you for your bipartisan leadership today.
        The private motor coach industry powered 40 billion
    passenger miles in 2024, led by 1,800 operators, 90 percent of
    whom are small businesses. We are the most efficient and
    sustainable form of transportation driven by equipment
    innovation and the removal of up to 35 cars per trip. We
    generated $90 billion in economic activity in 2024, and our
    industry employs more than 500,000 Americans. We moved
    approximately 10 percent of Amtrak passengers and you are going
    to be seeing motor coaches on airport tarmacs more and more as
    buses are being a viable substitute to regional jets.
        With this reach, we will be a key player in the upcoming
    mega decade of events and playing a crucial role in generating
    that $100 billion in economic activity that travel live events,
    and the sporting events will bring to the table.
        Most importantly, the Committee should view us as a
    strategic transportation reserve. We answer the call for
    natural disaster evacuations, the movement of emergency
    personnel and aid, and troop movements of the U.S. military
    when it is required. Moving to the hearing, safety is a core
    pillar of ABA and has been throughout our 99 years of
    existence. Upholding a rigorous safety ethic is part of ABA's
    code of ethics and unsatisfactory members are asked to leave
    the association.
        As Congress reauthorizes surface transportation programs,
    ABA offers five core recommendations to ensure the motor coach
    industry remains safe and competitive within the national
    transportation network.
        Number one--Hours of Service: The motor coach industry
    operates under fundamentally different service models than the
    freight sector. Passenger and group service involves unique
    scheduling, rest periods, and safety considerations. Applying a
    uniform framework does not recognize the functional differences
    of each sector, and we urge Congress to affirm the importance
    of maintaining distinct hours of service regulations.
        Number two--Minimum Insurance Requirements: ABA supports
    maintaining the current Federal minimum insurance levels. The
    motor coach industry operates under ongoing and rigorous
    Federal oversight with every company subjected to regular FMCSA
    inspections. This high level of accountability paired with
    industry-led efforts, such as the ABA Bus Industry Safety
    Council, and the Motor coach Safety Action Plan has contributed
    to a steady decline in passenger fatalities. Raising minimums
    would likely lead to reduced service availability across the
    transportation network without any clear safety benefit.
        Number three--Systems Modernization: ABA encourages
    Congress to modernize the safety measurement system and the
    compliance, safety, and accountability methodologies. The
    current data is skewed across sectors and we recommend creating
    distinct peer groups for passenger carriers and adjusting data
    models to reflect size, seasonality, and operating risks.
        Number four--The Speed Limiter: As being discussed, the
    announcement by Secretary Duffy to reconsider or withdraw the
    Speed Limiter Rule is a welcome development. We encourage the
    full withdrawal of this proposal in recognition of the motor
    coach industry's strong safety record and need for operational
    flexibility.
        Number five--Access to federally Funded Transit Facilities:
    Private motor coach operators play an essential role in
    connecting cities, particularly rural communities. We work with
    transit hubs and train service providers, as mentioned, and we
    are a major part of the Federal 5311(f) program, yet, our
    industry faces barriers accessing publicly funded facilities,
    which is a current requirement of the law. ABA calls for
    stronger enforcement of reasonable access and better
    transparency in facility use policies.
        In closing, ABA is committed to working closely with this
    subcommittee, our membership, and FMCSA to uphold the highest
    standards of safety, accessibility, and reliability in motor
    coach operations.
        I am happy to answer any questions you may have. Thank you.
        [The prepared statement of Mr. Ferguson follows:]

               Prepared Statement of Fred C. Ferguson, President
             and Chief Executive Officer, American Bus Association
        Chairman Young, Ranking Member Peters, and Members of the
    Committee:

        On behalf of the American Bus Association (ABA), I would like to
    express our sincere appreciation to you for your bipartisan leadership
    and commitment in swiftly beginning the highway reauthorization
    process. Your efforts to address our Nation's infrastructure needs are
    commendable, and we value the opportunity to engage with this committee
    on issues critical to the motorcoach industry and the broader surface
    transportation system.
        Founded in 1926, ABA is the leading national trade association
    representing the private motorcoach, charter bus, group travel, and
    tourism industries--sectors that collectively generate nearly $90
    billion in economic activity annually and employ more than 500,000
    Americans. Our members provide essential service across the intercity,
    charter, tour, and commuter markets, connecting people with places and
    supporting both mobility and economic growth in urban and rural
    communities alike.
        Beyond our commercial service, the motorcoach industry plays a
    vital role in supporting national emergency response and public service
    needs. Our vehicles and operators are regularly mobilized for natural
    disaster evacuations, the movement of emergency aid and personnel, and
    the transportation of U.S. military service members. These missions
    demonstrate the sector's logistical capacity, reliability, and
    readiness in times of crisis.
        With nearly 400 million passenger trips taken annually, the
    motorcoach industry is a critical pillar of America's transportation
    system--providing safe, affordable, and environmentally efficient
    mobility options. From small family-owned operators to national
    carriers, motorcoaches serve communities in every state, connecting
    people to work, school, healthcare, tourism, and more. Whether moving
    students, commuters, military personnel, or travelers, our industry
    ensures access where other modes often do not reach. Motorcoaches also
    complement the broader transportation network, linking seamlessly with
    airports, rail stations, transit hubs, and roadways--truly helping bind
    the Nation together.
        ABA has a long, constructive track record of engagement with the
    U.S. Department of Transportation and the Federal Motor Carrier Safety
    Administration (FMCSA) on a wide range of issues, including vehicle and
    driver safety, regulatory compliance, emergency preparedness, and
    workforce development. We've served as a vital partner to the agency by
    offering technical expertise, surfacing operational realities, and
    creating opportunities for dialogue with motorcoach operators of all
    sizes. Through initiatives like safety councils, listening sessions,
    and training partnerships, ABA has helped bridge the gap between policy
    design and on-the-ground implementation. We look forward to continuing
    this solutions-oriented collaboration to advance thoughtful, data-
    driven policymaking that supports both safety and the long-term
    sustainability of the industry.
        As Congress undertakes the important work of reauthorizing the
    Nation's surface transportation programs, ABA respectfully submits the
    following recommendations under the Senate Commerce Committee's
    jurisdiction to ensure the motorcoach industry continues to operate
    safely, efficiently, and competitively in the broader multimodal
    landscape.
        ABA Policy Priorities for Surface Transportation Reauthorization
    Hours of Service (HOS)--Preserve Industry-Specific Flexibility
        The motorcoach industry operates under fundamentally different
    service models than the freight sector. Charters, tours, overnight
    trips, and intercity passenger service involve unique scheduling, rest
    periods, and safety considerations. Applying a uniform HOS framework
    across both freight and passenger sectors does not recognize the
    functional differences of each sector, and the corresponding
    operational and safety realities of passenger carriers. A one-size-
    fits-all model creates unnecessary compliance burdens and scheduling
    challenges, and we urge Congress to reaffirm the importance of
    maintaining distinct, tailored Hours of Service.
    Minimum Insurance Requirements--Avoid Burdensome Increases
        Raising Federal minimum liability insurance requirements would
    impose disproportionate financial strain on small and mid-sized
    operators without demonstrable improvements in safety. There are 1,800
    motorcoach operators across the country, nearly 90 percent of whom
    operate fewer than 25 coaches. Increasing insurance costs already
    present financial limitations on these small businesses, and changes to
    the minimums would likely result in reduced service across the network.
    In our view, the existing minimums already reflect appropriate levels
    for the industry, which has consistently maintained a strong safety
    record. We urge Congress to retain the current insurance thresholds and
    avoid changes that would create barriers to market entry and service
    sustainability.
        The motorcoach industry operates under a high level of regulatory
    oversight--an appropriate standard given the responsibility of
    transporting passengers safely. Every motorcoach company is subject to
    routine FMCSA inspections at least once every three years. In recent
    years, industry-led progress, including the implementation of the
    Motorcoach Safety Action Plan, broader adoption of advanced safety
    technologies, improved vetting of new entrant carriers, and expanded
    safety education and outreach efforts, has contributed to a steady
    decline in passenger fatalities (NHTSA FARS/FMCSA Large Truck and Bus
    Crash Facts, Nov. 2024--Table 28). ABA is proud to play an active role
    in national safety initiatives such as the Road to Zero Coalition and
    the U.S. DOT's National Roadway Safety Strategy--both of which reflect
    the industry's deep and ongoing commitment to safety.
        In accordance with MAP-21 directives, FMCSA and its Motor Carrier
    Safety Advisory Committee (MCSAC Task 14-2) reviewed proposals to raise
    minimum insurance liability levels. Ultimately, the agency was advised
    to pause any rulemaking on this issue pending further study (FMCSA-
    2014-0211). For many motorcoach operators, insurance represents one of
    the top three cost drivers--second only to vehicle acquisition and
    personnel--making any increase in mandatory coverage levels a matter of
    serious concern.
    CSA/SMS Modernization--Reflect Passenger Industry Realities
        While the motorcoach industry supports efforts to modernize FMCSA's
    Compliance, Safety, Accountability (CSA) program and its Safety
    Measurement System (SMS), current methodologies unfairly group
    motorcoach operators with freight carriers, resulting in distorted
    performance metrics. ABA recommends that FMCSA separate motorcoach
    carriers into distinct peer groups, adjust violation weightings to
    align with passenger-sector risks, and revise data methodologies to
    accommodate small, seasonal operators. These changes would ensure a
    more accurate and equitable assessment of safety performance.
    Speed Limiter Rulemaking--Avoid One-Size-Fits-All Mandates
        The speed limiter rule under consideration at FMCSA was primarily
    designed with heavy freight vehicles in mind and does not account for
    the distinct safety needs and operating conditions of motorcoaches.
    Moreover, there is no compelling reason for a nationally uniform speed
    limit for all commercial vehicles. Variations in geography, traffic
    congestion, and operational needs justify allowing companies to set
    their speed governors at different levels. The announcement by
    Secretary Duffy to reconsider or withdraw the rule is a welcome
    development. We encourage the full withdrawal of this proposal in
    recognition of the motorcoach industry's strong safety record, need for
    operational flexibility, and the adverse impact such a mandate would
    have on rural and long-distance service.
    Access to Federally Funded Transit Facilities--Ensure Fairness for
            Private Operators
        Private motorcoach operators often face challenges accessing
    federally funded public transit facilities, despite their role in
    delivering public transportation and complementing government services.
    ABA urges Congress to strengthen and enforce ``reasonable access''
    requirements for private operators and to improve transparency around
    facility policies. Reauthorization legislation should include
    provisions that protect access and foster greater cooperation between
    public and private transportation providers.
        Given the Subcommittee's jurisdiction over the Federal Highway
    Administration, ABA urges Congress to take action to ensure that
    motorcoaches receive equitable access to HOV and bus-only lanes, as
    well as achieve toll parity with publicly funded transit vehicles.
    These policies are essential to promoting efficiency, reducing
    congestion, and leveling the playing field for private operators who
    deliver vital transportation services to millions of Americans without
    public subsidy.
    Regulatory Modernization--Cut Red Tape, Improve Efficiency
        Outdated or overly complex regulatory processes continue to
    challenge motorcoach operators and impede efficient compliance.
    Reauthorization presents an opportunity to modernize vehicle inspection
    procedures, streamline commercial driver's license (CDL) testing, and
    improve FMCSA's registration and data systems. ABA supports practical
    reforms that reduce administrative burden while preserving--and in many
    cases enhancing--safety oversight.
                        Other Critical Engagement Areas
    FMCSA Staffing--Rebuild the Passenger Carrier Division
        FMCSA's Passenger Carrier Division plays a vital role in industry
    oversight and stakeholder engagement. However, the division has lacked
    a permanent chief for more than three years and is severely
    understaffed, with only two remaining staff members based in Iowa. To
    restore effective communication and improve regulatory responsiveness,
    ABA urges FMCSA to prioritize appointing a permanent division chief,
    fill critical vacancies, and work collaboratively with the industry to
    identify qualified candidates. A well-staffed and engaged division is
    essential to maintaining a strong, safety-focused regulatory
    environment for motorcoach operators.
    California Meal and Rest Break (MRB) Preemption--Protect National
            Consistency
        The 2020 FMCSA determination to preempt California's meal and rest
    break rules for interstate passenger-carrying drivers was a necessary
    and appropriate action to preserve national consistency in HOS
    regulations. State-level labor rules that overlap with Federal
    regulations create confusion, compliance risks, and operational
    disruptions. ABA urges FMCSA to deny all pending waiver requests and to
    defend the 2020 determination in court. A clear and consistent Federal
    standard is essential to ensuring legal clarity and safe, efficient
    service across state lines.
    English Language Proficiency (ELP) Rule--Improve Implementation
        ABA supports the intent behind the ELP rule as a safety measure,
    but its current implementation varies widely across states, creating
    confusion for both drivers and testers. Enforcement inconsistencies and
    unclear testing standards undermine both compliance and recruitment.
    ABA urges FMCSA to partner with industry on a webinar or listening
    session to clarify expectations, gather state-level feedback, and
    ensure the rule is implemented in a way that supports safety without
    worsening the national driver shortage and provides a clear path back
    for those who fall short.
        ABA is committed to working collaboratively with this subcommittee,
    the full Senate Commerce Committee, and the Federal Motor Carrier
    Safety Administration to ensure that motorcoach transportation
    continues to meet the highest standards of safety, accessibility, and
    reliability.
        We believe that a strong partnership between policymakers,
    regulators, and industry leaders is essential to advancing practical,
    data-driven solutions that reflect the unique operating realities of
    motorcoach providers. Whether it's improving regulatory clarity,
    supporting workforce development, or ensuring safe operations on the
    road, ABA is ready to provide insights and engage constructively in
    shaping the future of passenger transportation. Safety is our number
    one priority.
        Thank you for the opportunity to testify. I look forward to your
    questions and to ongoing collaboration on these vital issues.

        Senator Young. Thank you, Mr. Ferguson.
        Mr. O'Brien, you are now recognized for 5 minutes.

    STATEMENT OF SEAN M. O'BRIEN, GENERAL PRESIDENT, INTERNATIONAL
                        BROTHERHOOD OF TEAMSTERS

        Mr. O'Brien. Thank you very much, Chairman Young, Ranking
    Member Peters, and Members of the Committee. Thank you for the
    opportunity to testify today on issues impacting the trucking
    and commercial bus industries.
        I am Sean O'Brien, General President of the International
    Brotherhood of Teamsters. The Teamsters Union represents more
    than 1.3 million workers since 1903. That is 122 years. Our
    membership includes hundreds of thousands who start their
    workday behind a steering wheel of a commercial vehicle.
        I am personally familiar with the subject of this hearing
    and not simply as general president of the Teamsters, I started
    my apprenticeship program at 18 years old in the rigging
    industry in South Boston where I was an apprentice rigger, then
    a low driver, hauled heavy equipment both interstate and
    intrastate.
        The Surface Transportation Reauthorization is an
    opportunity for bipartisan action. Together, we must create
    economic opportunity and improve the lives of millions of
    Americans. The Teamsters look forward to working closely with
    the Committee to write a bill that prioritize workers,
    prioritize public safety, and protection of jobs.
        For decades, the Teamsters have led the way in making the
    trucking industry a better and safer place to work. Teamsters'
    drivers earn wages and benefits that ensure our members can
    support their families and retire with dignity. Our union
    provides high-quality training to drivers. We regularly induct
    members into the UPS Circle of Honor and many other driver
    safety programs recognizing 25 to 30 years of safe driving
    without an accident.
        I would like to start by talking about the state of our
    industry. You have all heard about so-called ``driver
    shortage'', and I think you just heard one of my colleagues
    testify to that, we have been told we can solve this problem by
    forcing drivers to work longer hours and operate heavier
    trucks. At UPS, for example, one of our members may spend years
    working another position, another classification before a job
    operating a tractor trailer becomes available.
        Once our members do get behind the wheel, most remain in
    these good paying, reliable, and safe positions until
    retirement. At carriers like TForce and ABF, Teamsters only
    experience a 10 to 12 percent turnover ratio. Union drivers
    have the best wages, health care, and retirement securities. In
    Teamster shops, workers are incentivized to stay, so-called
    ``driver shortages'' do not occur.
        To help make this a reality for more workers, the Teamsters
    urge Congress to invest in high-quality CDL training. Sadly,
    predatory CDL programs are widespread in this country. They
    take money from students who then graduate unable to pass a
    skills test or operate a vehicle safely. Teamster Locals in 20
    states certify members in the public as CDL drivers, usually at
    no cost to the students. Let us grow these programs for more
    American drivers.
        The expansion and creation of competitive grant programs
    under the DOT that are accessible at teams training would help
    significantly. Federal action is also overdue to regulate
    autonomous vehicles. Allowing the unfettered operation of AVs
    is a threat to public safety and to good paying jobs in the
    trucking industry. The Surface Reauthorization presents an
    opportunity for Congress to take decisive worker first action
    on AVs.
        I would also like to draw the subcommittee's attention to
    the growth of dangerous trucking business models. Amazon's
    trucking services are largely provided by its freight service
    partners, better known as FSPs. FSPs are contractors who, in
    turn, hire drivers. These small motor carriers exist as unique
    entities with individual DOT identification numbers.
        This means that the Government cannot connect the dots
    between individual carriers to establish a patent of unsafe
    behavior across a fleet contracted by Amazon and many others.
    This inability to trace unsafe behavior is critical when we
    know that Amazon FSP drivers were cited for violations at a
    rate of 70 times higher than UPS Teamsters.
        The Federal Motor Carrier Safety Administration should be
    directed to collect consolidated safety metrics for companies
    using contracted fleets. They should also conduct a study on
    the safety of Amazon's local last-mile delivery service using
    vehicles under 10,000 pounds.
        The Teamsters call on the Committee to reject policies that
    would reduce safety on our roads. This would include a
    rejection of weakening hours of service regulations, or
    permitting longer, heavier trucks. Allowing corporations to
    push drivers to high levels of fatigue or to operate more
    dangerous vehicles will result in unnecessary accidents,
    injuries, and death.
        It is important that Congress is aware that one of the
    obstacles we face in providing the benefits of Teamsters'
    representation is employer abuse of labor law and refusing to
    bargain in good faith. Employers drag out negotiations for
    years and deprive workers of better wages and safer working
    conditions. This is not a bug. It is a feature in our labor
    codes.
        The Teamsters wholeheartedly endorsed the Faster Labor
    Contracts Act. This bill requires employers to bargain with
    workers within 10 days of voting to form a union.
        For the record, I want to thank Ranking Member Peters and
    Senator Moreno for their co-sponsorship of this important
    legislation.
        Thank you for the opportunity to testify today. I look
    forward to your questions as well.
        [The prepared statement of Mr. O'Brien follows:]

           Prepared Statement of Sean M. O'Brien, General President,
                     International Brotherhood of Teamsters
        Chairman Young, Ranking Member Peters, and members of the
    Subcommittee, thank you for the opportunity to testify today on
    ``Shifting Gears: Issues Impacting the Trucking and Commercial Bus
    Industries in the U.S.'' The International Brotherhood of Teamsters
    represents 1.3 million hardworking people in the United States, Canada,
    and Puerto Rico, in nearly every Congressional district, including
    hundreds of thousands of members who start their workday behind the
    steering wheel. While today I am proud to serve as the General
    President of the Teamsters Union, I also started my career as a truck
    driver, working in the rigging industry as a heavy-equipment driver in
    the Greater Boston area.
        For decades, the Teamsters have led the way in making the trucking
    industry a better, safer place to work. Thanks to strong union
    contracts, our drivers earn wages and benefits that ensure they can
    support their families and have access to a dignified retirement. In
    the sectors in which we represent drivers, our members earn wages and
    benefits significantly higher than nonunion workers, particularly in
    the Less than Truckload (LTL) sector. For example, at UPS, a typical
    package car driver working full-time in last-mile delivery brings in
    salary plus benefits with a which substantially surpass their peers at
    nonunion operators FedEx and Amazon. Our members also work safer, with
    access to both high-quality training and workplace protections and it
    is our privilege to regularly induct members into the UPS Circle of
    Honor, recognizing 25 years of driving without an accident.
        I appear before you today at a critical moment as this Committee
    and Subcommittee begin consideration of the surface transportation
    reauthorization. This legislation provides an opportunity to work on a
    bipartisan basis to improve our Nation's infrastructure, strengthen
    supply chains, create economic prosperity, and improve the lives of
    millions of Americans who drive, maintain, dispatch, and load the
    trucks that deliver goods to every corner of this Nation and sustain
    the lifeblood of American commerce.
        I call on the Committee to embrace legislative proposals that
    prioritize these workers and their labor and reject corporate schemes
    eager to make driving more dangerous, drivers more fatigued, or replace
    humans entirely with unproven technologies.
    DRIVER PIPELNE
        The Teamsters have no doubt that members of this Subcommittee have
    heard and will continue to hear about the specter of a so-called driver
    shortage and the actions that Congress should take in response.
    Industry has been pushing this narrative for more than two decades,
    including the claim that the Nation is short of as many as 60,000 or
    more drivers today, and potentially hundreds of thousands in the
    future. The Teamsters continue to reject this narrative. We agree fully
    with the recent, Congressionally mandated, National Academies of
    Science study on driver compensation and driver retention which noted
    that ``the application of traditional economic principles, therefore,
    does not support assertions of persistent shortages of drivers in the
    long-distance TL sector'' and that ``what seems likely, in the
    committee's view, is that carriers in the long-distance TL sector have
    come to believe there are chronic shortages of drivers because of the
    constant need to replace them during both expansions and contractions
    of the long-distance TL sector''.\1\
    ---------------------------------------------------------------------------
        \1\ Pay and Working Conditions in the Long-Distance Truck and Bus
    Industries: Assessing for Effects on Driver Safety and Retention,
    National Academies of Science, 2024
    ---------------------------------------------------------------------------
        Instead of accepting mass driver shortage narratives on their face,
    we urge subcommittee members to instead consider several key points.
    First, that claims of driver shortages are frequently accompanied by
    legislative or regulatory requests that are harmful to drivers,
    including solving ``shortages'' by requiring them to drive longer
    hours, operate heavier trucks, or by attacking key elements of labor
    law which prevent the abuse and misclassification of drivers. In this
    regard, we view shortage claims as little more than a pretext for
    actions that might otherwise draw opposition and scrutiny.
        Secondly, we continue to encourage this subcommittee and Congress
    broadly to delve further into the ``why'' of large carriers and their
    representatives' supposed difficulties. In 2021, an average of 50,000
    Commercial Drivers Licenses (CDL) were issued each month.\2\ Yet the
    truckload sector has long reported annual turnover rates of between 80-
    90 percent. While we acknowledge that long-haul truck driving is a
    challenging career that is not suitable for everyone, a turnover rate
    of such magnitude in any other industry would raise significant alarm
    bells. As we have long maintained, there are persistent and endemic
    issues in the trucking industry driving this incredible turnover,
    including low wages, exploitative contracting schemes, predatory truck
    leasing arrangements, and more. We believe these issues are worthy of
    deeper consideration, more so than proposals which would supposedly and
    paradoxically increase driver supply by making driving a more difficult
    job.
    ---------------------------------------------------------------------------
        \2\ https://www.fmcsa.dot.gov/registration/commercial-drivers-
    license/states
    ---------------------------------------------------------------------------
        Finally, our experience at Teamsters carriers like TForce, ABF, and
    UPS, as well as dozens of smaller trucking companies, offers a striking
    contrast to the turnover challenges in the truckload sector. While we
    acknowledge that there are substantial differences between truckload
    and less than truckload careers, it is still significant that we
    experience only 10-15 percent annualized turnover at Teamsters LTL
    carriers. At UPS, depending on location, an employee may spend years
    working in various positions before a position as a feeder driver,
    operating UPS tractor trailers, becomes available--at which point most
    members stay in that position until retirement. The reasons for this
    are not mysterious--as discussed above, when offered industry leading
    wages, health care, and retirement benefits, workers are incentivized
    to stay, and ``shortages'' do not occur.
        To that point, we are unsurprised by a 2019 Bureau of Labor
    Statistics report into the question of driver availability and economic
    behavior which largely concluded that the supply of drivers behaves in
    the manner a basic supply and demand model would anticipate, with
    expected responses to economic incentives. BLS stated that ``the
    overall picture is consistent with a market in which labor supply
    responds to increasing labor demand over time, and a deeper look does
    not find evidence of a secular shortage'' and further, ``Econometric
    models of in-and outmigration of drivers support this conclusion.
    Drivers with higher earnings and [better] hours [when first observed by
    the study] are less likely to leave driving [12 months later].''
        While we reject the shortage narrative, that does not mean that
    Congressional action on the driver pipeline is unwarranted. There are
    opportunities for Congress to include initiatives that are
    simultaneously pro-worker and pro-business in the upcoming
    reauthorization. For years, Congress has funded driver training though
    the Commercial Motor Vehicle Operator Safety Training (CMVOST) grant
    program. The program is small in scope--in 2024 it awarded a total of
    $3.5 million to 27 awardees, and most awards are targeted at advanced
    safety training for previously licensed drivers.\3\ However, a
    reworked/larger CMVOST, or the creation of a new competitive grant
    program dedicated to new licensure, could create significant
    opportunities for prospective drivers.
    ---------------------------------------------------------------------------
        \3\ https://ai.fmcsa.dot.gov/Grants/CMVOST.aspx
    ---------------------------------------------------------------------------
        The need for high quality CDL training is increasingly clear as
    predatory CDL programs persist across the country. As the Commercial
    Vehicle Training Association (CVTA) stated in a recent letter to
    Secretary Duffy, ``the continued presence of non-compliant entities on
    the TPR allows these bad actors to offer substandard training services,
    resulting in students paying out-of-pocket for instruction that does
    not meet Federal standards. These students are often left unable to
    pass the CDL skills test, obtain employment, or operate safely;
    creating a significant risk to all who share the road.'' It benefits no
    one to generate ``graduates'' who can't pass a skill tests or, if they
    can, are not able to operate safely.
        Teamsters local unions in 20 states have established training
    trusts or apprenticeship programs to train and certify our members and
    other workers as CDL drivers, as well as offering training in hazmat,
    passenger, school bus and doubles/triples endorsements--all at little
    or even no cost to students. Our programs graduate CDL holders who not
    only have the actual skills needed to be safe drivers but also obtain a
    pathway to employment. We have deep interest in growing our current
    programs to reach more Americans in new locations, to expand our
    offerings in existing programs, and to graduate increased numbers of
    highly skilled drivers. The expansion and/or creation of new funding
    streams accessible to Teamsters training programs would be critical to
    this effort, and we ask for support for this initiative in the surface
    reauthorization.
        Opportunities to expand driver training programs also exist outside
    of the Federal Motor Carrier Safety Administration orbit. The Teamsters
    are proud to represent the affiliated Brotherhood of Maintenance of Way
    Employes (BMWED), protecting 37,000 rail workers who build, inspect,
    and maintain railroad tracks, bridges, and structures. As part of these
    responsibilities, many maintenance of way workers (MOW) are required to
    hold a CDL to operate specialized rail equipment. Our BMWED members
    report substantial bottlenecks in receiving railroad-provided training.
    To solve this issue, we strongly support explicit clarification of the
    workforce development eligibility within the Consolidated Rail
    Infrastructure and Safety Improvements (CRISI) Program to include CDL
    training programs. As labor organizations are already eligible
    recipients under CRISI, this would allow the BMWED to apply for Federal
    support to conduct training programs directly.
    AUTONOMOUS VEHICLES
        With increased efforts by autonomous vehicle (AV) manufacturers to
    commercialize autonomous trucks, and examples of actual, limited,
    commercial deployments, it has never been clearer that Federal action
    is long overdue. At this hour, the sole unique responsibility that the
    Federal government places on the testing or deployment of autonomous
    vehicles is for the operator to report significant accidents via the
    National Highway Traffic Safety Administration's (NHTSA) Standing
    General Order 2021-01.
        It is incomprehensible that in the same universe in which the
    Federal government regulates the size of hazard material placards down
    to a millimeter, autonomous vehicles are permitted to freely roam the
    country without oversight. Allowing the unfettered and unregulated
    operation of autonomous vehicles--ultimately seeking to replace human
    drivers with robots--is unequivocally a threat to safety on our
    roadways and the existence of good jobs in the trucking industry. The
    surface reauthorization presents an opportunity for Congress to finally
    take decisive action on autonomous vehicles.
        This Committee has the advantage of holding jurisdiction over both
    NHTSA, responsible for vehicle manufacturing standards, and FMCSA,
    responsible for issues regarding commercial deployment and operations.
    It is essential that the reauthorization mandates the creation of a
    regulatory framework for autonomous vehicles governing aspects under
    the jurisdiction of both agencies. We call for the adoption of policies
    and other actions enumerated in the Teamsters' Autonomous Vehicle
    Federal Policy Principles.\4\
    ---------------------------------------------------------------------------
        \4\ https://teamster.org/2023/09/teamsters-autonomous-vehicle-
    federal-policy-principles/
    ---------------------------------------------------------------------------
        We urge the Committee to specifically consider the economic impacts
    of mass deployment of unregulated autonomous vehicles on your
    constituents. The single most common occupation for men in the United
    States without a college degree is driver/sales workers and truck
    drivers.\5\
    ---------------------------------------------------------------------------
        \5\ https://www.pewresearch.org/short-reads/2024/07/11/among-young-
    us-workers-without-a-college-degree-men-and-women-hold-very-different-
    types-of-jobs/
    ---------------------------------------------------------------------------
        Industry talking points on ``fostering innovation'' and ``competing
    with foreign adversaries'' falls on deaf ears for the millions of
    Americans the AV industry seeks to automate out of a job. Among other
    efforts, the Subcommittee should consider enacting workforce
    recommendations made by the Department of Transportation's Transforming
    Transportation Advisory Committee, on which the Teamsters served.\6\
    ---------------------------------------------------------------------------
        \6\ https://www.transportation.gov/priorities/transformation/
    transforming-transportation-advisory-committee/TTACReport2024
    ---------------------------------------------------------------------------
        While certain regulatory responsibilities concerning autonomous
    vehicles clearly rest with the Federal government, the subcommittee
    should not pursue legislative efforts that seek to preempt states from
    exercising their existing authorities to oversee autonomous vehicles.
    Particularly as it relates to the terms and permissibility of operating
    within states without the presence of human drivers, and the collection
    of data to inform states' decision-making. We commend every member of
    this subcommittee for their recent vote to strike a restriction on
    state action on artificial intelligence from the reconciliation bill.
    PREDATORY MODELS
        As the Subcommittee considers how to best promote safety in modern-
    day trucking, it must act on the growth of novel corporate arrangements
    that render existing safety and accountability metrics ineffective. We
    draw the Subcommittee's attention to the trucking practices of Amazon.
        Much of Amazon's trucking services are provided by its Freight
    Service Partners (FSP). These are contractors to Amazon who in turn use
    drivers to haul Amazon products. However, these individual motor
    carriers, many of which are small operations of only a few drivers,
    exist as unique entities with individual Department of Transportation
    (DOT) identification numbers under FMCSA's Compliance, Safety,
    Accountability (CSA) program, and subject to related enforcement
    actions through the Safety Fitness Determination (SFD) rating system.
        The resulting effect of this model is that the safety behavior and
    metrics of the contracted carrier reflects only the performance of that
    individual carrier, not the parent organization impelling these fleets
    en masse. FMCSA lacks the ability to connect the dots between
    individual carriers or establish a pattern of unsafe behavior across
    the contracted fleet. This practice of devolving responsibility has
    come with tragic results--a 2022 Wall Street Journal investigation
    found that trucking companies hauling freight for Amazon have been
    involved in crashes that killed more than 75 people since 2015. The
    investigation further revealed that some carriers were found to be
    operating despite FMCSA Out of Service Orders; were rehired after
    significant violations; and that FSP drivers were cited for violations
    at a rate 70 times higher than UPS Teamsters drivers.\7\
    ---------------------------------------------------------------------------
        \7\ https://www.wsj.com/articles/amazon-trucks-crash-safety-
    11663793491
    ---------------------------------------------------------------------------
        While the use of contracting and freight brokerages are a
    fundamental component of the trucking industry, the use of contracting
    for the express purposes of avoiding safety responsibility should not
    be permitted. To address this scourge, FMCSA should be directed to
    amend the CSA program to collect comprehensive safety metrics for
    entities making use of large numbers of contracted fleets, which would
    be inclusive of the safety performance of all contracted carriers. This
    would permit FMCSA to take relevant enforcement action in response to
    such arraignments.
        Similarly, we note that Amazon performs most of its local last-mile
    delivery service using vehicles under 10,001 GVWR, unlike the package
    cars deployed by UPS. Critically, this also means that because these
    vehicles are generally not classified as commercial motor vehicles
    because of their weight, they fall outside the scope of FMCSA's safety
    authority, once again putting Federal regulators in the dark regarding
    their safety performance. To better understand the safety risks
    presented by these operations, the committee should require that FMCSA,
    in conjunction with safety research organizations and the Motor Carrier
    Safety Advisory Committee conduct a study on the safety of such
    operations and risks presented by their unregulated status and make
    recommendations to Congress.
    SAFETY ISSUES
        As discussed previously, it is imperative that the surface
    reauthorization legislation does not reduce safety on our roadways and
    for our members.
        The Teamsters oppose efforts to water down critical Hours of
    Service (HOS) regulations, including increasing drive or duty time
    windows, or providing unwarranted HOS flexibility. The DOT has
    previously identified that fatigue is a contributing factor in at least
    13 percent of large truck crashes, and fatigue is tragically endemic to
    the industry.\8\ Allowing corporations to further push drivers to
    dangerous levels of fatigue is a proposal that can only result in
    unnecessary accidents, injuries, and deaths.
    ---------------------------------------------------------------------------
        \8\ https://www.nhtsa.gov/sites/nhtsa.gov/files/18esv-000252.pdf
    ---------------------------------------------------------------------------
        We also strenuously oppose efforts to raise maximum truck length
    and weight. While we appreciate that these items are bifurcated between
    this committee (length) and the Committee on Environment and Public
    Works (weight), we call on members to oppose any changes within this
    committee's jurisdiction, and in the reauthorization writ large.
    Research, including the 2019 Comprehensive Truck Size and Weight Limits
    Study and recent studies concerning the impacts of larger trucks on
    bridge infrastructure, make clear that increasing truck size and weight
    is a clear threat to safety.\9\ Our members continue to report that
    heavier vehicles present operational difficulties such as controlling
    brake distance and maneuvering in congested traffic conditions. Our
    members also report that these larger trucks are more likely to
    overturn. These proposals are also strenuously opposed by the Teamsters
    Law Enforcement League, representing law enforcement and first
    responders across the country, based on their experiences dealing with
    overweight trucks in the states in which they are currently permitted.
    ---------------------------------------------------------------------------
        \9\ https://ops.fhwa.dot.gov/freight/sw/map21tswstudy/ctsw/
    CTSLWS%20Report%20to%20
    Congress%20FINAL.pdf
    ---------------------------------------------------------------------------
    DRUG AND ALCOHOL TESTING
        The Teamsters Union remains committed to compliance with DOT's drug
    and alcohol testing requirements, as informed by the Department of
    Health and Human Services' (HHS) Mandatory Guidelines for Federal
    Workplace Drug Testing Programs. We acknowledge that HHS has failed to
    date to complete scientific and technical guidelines for hair follicle
    testing as a method of detecting the use of a controlled substance for
    purposes of DOT testing.
        However, we are deeply disturbed by, and strongly opposed to,
    proposals seeking to skirt the statutory frameworks for DOT testing and
    guarantees that have been in place for almost 30 years. Specifically,
    any effort permitting the use of privately tested hair follicle samples
    to satisfy DOT panel tests and/or uploads to FMCSA's Drug and Alcohol
    Clearinghouse must be rejected.
        Congress must continue to entrust the scientific professionals at
    HHS to determine whether mandatory guidelines for the use of a sample
    can be developed in a manner that satisfies scientific and due process
    concerns. In lieu of this, no legislative action should be taken.
    CABOTAGE
        Since the adoption of NAFTA, Mexico-domiciled motor carriers have
    been prohibited from engaging in U.S. point-to-point (domestic)
    transportation within the United States.\10\ Despite this, recent
    research conducted by the Teamsters into issues surrounding cross-
    border trucking networks in California revealed a concerning prevalence
    of illegal cabotage operations by these motor carriers. We encourage
    the Committee to direct FMCSA to conduct an analysis of the scope of
    current cabotage violations, and work in concert with relevant law
    enforcement agencies to curtail these operations.
    ---------------------------------------------------------------------------
        \10\ 49 CFR 365.501(b)
    ---------------------------------------------------------------------------
    LABOR STANDARDS
        While outside the jurisdiction of the Committee, it is important
    that Congress broadly is aware that one of largest impediments the
    Teamsters face in providing the benefits of Teamsters representation to
    more drivers is the ability for corporations, including trucking
    companies, to abuse existing labor law and refuse to bargain in good
    faith with newly organized workers. Too often we have witnessed
    employers dragging out negotiations to deny workers from securing the
    wages and conditions they deserve indefinitely. This is a feature, not
    a bug, in our current labor codes. For this reason, we urgently express
    our strong support for the Faster Labor Contracts Act, which would
    require employers to collectively bargain with newly organized workers
    within 10 days of voting to form their union. We thank Ranking Member
    Peters and Senator Moreno for their co-sponsorship of this essential
    legislation.
        The International Brotherhood of Teamsters thanks the Subcommittee
    for the opportunity to testify today. We look forward to continuing to
    work together on a bipartisan basis on the upcoming surface
    transportation reauthorization.

        Senator Young. Thank you, Mr. O'Brien.
        We are now going to turn to member questions, and I will
    begin. I will begin with the Drive Safe Act. We have had some
    of our witnesses mention this legislation, now law. This is
    something, an issue I encountered. And I do think there are
    labor shortages as it relates to drivers of large trucks in
    this country, and I have encountered it throughout the State of
    Indiana.
        I would travel around Indiana where--right next to some
    major metropolitan areas in other states. Next to Lawrenceburg,
    Indiana, is Cincinnati, next to New Albany and Jeffersonville,
    Indiana, is Louisville, Kentucky, next to East Chicago, and
    Gary, and Chicago, Illinois, and in each of these locations, I
    discovered that there were trucking companies attempting to
    move things, not only within Indiana, they had great facility
    to do that and had enough drivers because drivers could be 18
    if delivering things within Indiana. But to go across state
    lines, you have to be 21.
        That struck me as someone who believes in the power of
    markets, as absolutely absurd. I looked in the Constitution, it
    does still say that our job is to facilitate interstate
    commerce, and so I began working on this with all sorts of
    stakeholders here. And we finally got this signed into law
    after working on it for a number of years.
        And case closed, right? No, that is not how it works. We
    had some real challenges with implementation with the last
    administration. The Biden administration imposed a number of
    additional burdensome requirements going well beyond
    congressional intent, and it has severely hampered
    implementation and participation.
        So we are going to give this another shot, but we want to
    do so in an informed way. So Mr. Spear, from your perspective
    at ATA, if implemented as Congress intended, how would this
    program help to bring younger qualified drivers into the
    industry?
        Mr. Spear. We are going to utilize that interstate commerce
    element that you mentioned, which is--and you are full right to
    emphasize--49 states, 49 states have legislation on the books
    allowing an 18-year-old to drive. Now, a little short drive in
    Indiana, in California, Texas, you can get a pretty good clip
    in, right? So there are no training standards, there are no
    performance metrics attached to any of that.
        What you did in this pilot program, and at the time, Chair
    Cantwell, agreed to a national pilot program to bring 3,000 of
    these 18-, 19-, 20-year-olds in and properly teach them how to
    safely and responsibly drive. OK. I think we would all agree on
    that, training is key. None of the 49 states have that. Your
    pilot program that was enacted has 400 hours of training of
    which you have to have a supervised driver, experienced driver
    in the cab with you, it has 14 metrics attached to it.
        This is a step toward safety unlike the 49 states, not a
    step away. The reason that it got poor attendance is because
    the last administration put a whole number of requirements into
    the pilot that you didn't authorize, including inward-facing
    cameras. OK?
        You already have supervision with the experienced driver in
    the cab. So I know you and I have some differences, Navy, Army,
    the Army. I was just down in Benning last Friday, my son is
    commissioned as a captain, he is a company commander, 236 18-
    19-year-olds preparing to be infantrymen.
        Senator Young. Yes.
        Mr. Spear. OK. They are going to go do the unthinkable.
    Hopefully they don't, but if they have to, they are trained to
    be the best. If we can do that for 18- and 20-year-olds, I am
    pretty sure we can teach them how to cross state lines in a
    class A.
        Senator Young. Yes. So you know, it is an interesting
    factoid that the 18 to 21 cohort actually has lower insurance
    rates than slightly over 21 for whatever anomalous reason. So
    it might suggest--I am speculating here--that that group who is
    motivated at the age of, say, 19 to get this sort of training
    is self-selecting, right? They are very motivated, very
    conscientious and thus on balance, may be safer, maybe even
    safer.
        Mr. Spear. And Mr. Chairman, I would also say----
        Senator Young. But nonetheless, we baked 400 additional
    hours in. We are going to get it right this time.
        I am going to move on to Mr. Pugh because I did indicate in
    good faith that I wanted to continue soliciting feedback from
    others. And I know--I believe from your comments you have
    expressed some reservations, Mr. Pugh, about the experience of
    these drivers and the potential of driving into new terrain. So
    I will give you an opportunity. Do you believe that the
    requirements related to complete performance benchmarks for
    driving in different areas and at different times of the day
    including on the interstate, in city traffic, on rural two
    lanes, and evening driving are unsatisfactory?
        Mr. Pugh. I think that we need a pathway for 18 to 21 years
    old to drive truck. I was an 18-year-old, and went in the
    United States Army and drove a truck. That was my pathway. I
    went to the Service, got my CDL, and started driving at 21. I
    do also think at 18 to 21 years old, I did a lot of dumb
    things. Even when I was in the Military, and you have oversight
    when you are in the Military, there are other people there to
    guide you, you know.
        But with that also being said, I think what we have to
    think about here is how we do this. Because even with 400 hours
    of training, and say you drive around the State of Indiana, or
    the State of Florida, what happens when you go to the Rocky
    Mountains and you have never seen the Rocky Mountains, or in
    the Appalachian Mountains.
        I think a much safer, better way to handle this, and I
    agree with you, it makes no sense that a kid who lives, say, in
    Louisville, Kentucky, can't just cross the state line, or a kid
    in Indianapolis can't go maybe to Chicago. You know, I
    understand what you are saying, go to Gary, but he can't cross
    to Chicago.
        I think what we should think about is 150 air mile radiuses
    like we do in agricultural and the short haul. That way, these
    kids who are from 18 to 21 years old, they learn how to operate
    this equipment in these trucks in areas that they know where
    they are from, and they know where they are.
        As far as inward-facing cameras, I don't think that has
    anything to do with it, because it is funny that we don't want
    inward-facing cameras for young kids that are 18 to 21, but we
    want to have them in this new Independent Contractor Law for
    owner operators who probably have 20 or 30 years experience.
    That is OK.
        Senator Young. All right. Thank you, sir. Thanks for your
    comments. We will continue to work on this. We want to--we want
    to get this thing right.
        So I will recognize Mr. Peters for some questions.
        Then we will move to Chairman Cruz who just joined us.
        Senator Peters. Well, thank you Mr. Chairman. My first
    question is for both Mr. Spear as well as Mr. O'Brien. I have
    long been a champion of the safety benefits of autonomous
    vehicle technology and what it could offer to the
    transportation system if they are deployed responsibly and
    transparently.
        In your testimony, both of you mentioned the need for a
    Federal Policy Framework for autonomous vehicles to set the
    rules for the road. Mr. O'Brien, you brought it up in your
    opening comments as well. I agree that we need action in this
    space, but to do that, we are going to need to make sure that
    we are meeting the needs of workers, of innovators, and
    Americans who expect safe roads.
        So my question for both of you is: Can each of you please
    expand on, perhaps, the top two or three principles that you
    believe must be addressed by Congress or regulators in a
    Federal Autonomous Vehicle Framework?
        Mr. O'Brien, would you kick that off, please?
        Mr. O'Brien. Yes, I appreciate this opportunity. Our
    biggest fight whenever we go to the bargaining table with any
    and all industries is automation. Automation is a real threat
    to American jobs, and we feel strongly that the biggest threat
    to the trucking industry is autonomous commercial vehicles not
    requiring human operators.
        So that is a priority to make certain that we have human
    operators in these vehicles. And I know some people think it is
    not coming for a long time, but either way, whether it comes
    tomorrow or 20 years from now, we have to be prepared. And
    protecting good middle-class jobs is important.
        You know, I think there was a statistic set out here today,
    3.5 million drivers right now. Well, if we replace 3.5 million
    drivers, where do they go, and what do they do? And more
    importantly, it is a public safety issue. We have talked to
    many law enforcement groups regarding their concerns regarding
    autonomous commercial vehicles. And it is a real concern if you
    have a family of four driving down the road.
        Right now the best computer and the best reaction is a
    human operator. And we have all seen how in certain situations
    where technology has failed in testing of such vehicles with
    autonomous drivers. And last, we talk about all this investment
    that we make in infrastructure. And if we allow autonomous
    vehicles to be heavier, longer, and no requirement, or expand
    requirements of when they can travel on the roads that is going
    to be a detrimental effect to bridges, roads--bridges, off-
    ramps, and roads moving forward. So we think those are the top
    three threats.
        More importantly, it is the jobs. Where do we put these
    people that have depended upon driving commercial vehicles,
    providing goods and services to this country? And I think there
    is no better example than what we went through during the
    pandemic where truck drivers, regardless of whether you were
    union, a non-union, or independent, we were all looked upon as
    essential workers providing goods and services to this country.
        And we are not assets. We are human beings that provided
    these goods and services so that this country could keep
    moving. And I think we should be appreciated, not forgotten.
    And the investment should be made to protect these jobs, not
    replace them.
        Senator Peters. Very good. Mr. Spear?
        Mr. Spear. Yes. I think Ranking Member know full well there
    are five levels of automation. The first four require a driver,
    you know, engaged in the operation of the commercial vehicle.
    Level five is driverless. We are a long ways from deploying
    that widespread. We are going to see some, you know, operations
    down in the Southwest where it makes sense. You know, the
    weather is accommodating for that sort of activity, maybe not
    so much in Wyoming, Nebraska where I am from.
        So you know, you are going to see this crop up. But I think
    to point out, the levels one through four really improve safety
    performance, not just for the company and the driver, but for
    the motoring public. There are some really good elements of
    technology that we need to continue to foster. Level five,
    before we even get to that, I think is important.
        This also comes down to the driver shortage. If you believe
    it or you don't believe it, it is a fact. It is a fact. We
    watch it nationwide. We have the largest number of drivers
    under our membership. We know the demand for these drivers. And
    if there is a shortage, the inclusion of such technology, even
    if it is level five, is not going to be displacing anyone's
    jobs. So this is a red herring. It is--it is a baseless threat
    that I don't believe in, and our industry has proven that.
        Last thing, in terms of automation, the modes are
    intermodal now. In my industry includes all ports. We support
    them, rail, we are locked arms now. The automation of the
    ports, if you looked at the ILA negotiations that just happened
    for the East Coast and Gulf Coast Ports and include the ILW on
    the West Coast, 65 ports in the United States and not one of
    them ranks in the top 50 in the world for productivity,
    efficiency.
        We cannot compete. We cannot get the throughput that the
    President wants in and out of these ports if we don't utilize
    technology. And you can do it without displacing union jobs. So
    we need both, is the point.
        Senator Peters. Very good. I know I am low on time, but Mr.
    Chairman has granted one additional question, which I
    appreciate.
        For Mr. O'Brien, and your testimony, you describe a
    shipping model currently being utilized by Amazon that creates
    avenues for avoiding accountability at FMCSA. I have raised
    similar concerns with the National Labor Relations Board
    regarding reports of Amazon retaliating against unionization
    activities by delivery service partners.
        Just a quick question, given recent changes, what are the
    difficulties you face at the National Labor Relations Board
    which have impacted your ability to either prevent or address
    instances of retaliation, or other labor abuses in the
    industry?
        Mr. O'Brien. Well, I think the National Labor Relations
    Board, and I have had this conversation with many Democrats,
    many Republicans, and someone who organizes workers every
    single day for the last 30 years, the system is broken, and it
    has been broken for a long time. And we usually try and avoid
    the NLRB at all costs because it is antiquated, and it is also
    too long of a time-frame to get any type of resolution.
        But when you are talking about Amazon, and DSP models, and
    the FSP models, you are talking about an employer who has
    skirted obligations of direct employer in claims that they have
    nothing to do with these subcontractors, yet, they are forced
    to buy the equipment from Amazon, or lease the equipment from
    Amazon, they are forced to follow the policies and procedures,
    but they don't go on Amazon's books as it comes to recording
    safety violations or anything else. And there is proven
    statistics out there as a result of that.
        But on a bigger scale, we have been getting--we got a
    favorable decision in California regarding the DSP model under
    the current Acting General Counsel of the NLRB. But with that
    said, the bigger picture is the reason why we are working
    bipartisan to pass the Fair Labor Standards Contract to make
    organizing a choice that doesn't involve any type of
    retribution, retaliation for direct employees.
        And I think we are going to be fighting the subcontractor
    model for years to come, or independent contractor model. And
    look, we are not against anybody for being an owner operator,
    trying to be their own boss. I think, you know, that has been
    around for 30, 40, 50 years. What we are against is these
    corporations that are exploiting workers through a scam system
    that doesn't provide good opportunity, that has 150 percent
    turnover ratio in the industry.
        And if there is such--and my colleague talked about driver
    shortages--if there are such driver shortages or turnovers in
    industries, you have got to ask yourself, there is something
    wrong. And that is something wrong that we identify with, is
    not being a direct employee, not having the rights to
    collectively bargain----
        Senator Young. We are going to move on.
        Mr. O'Brien.--not having the best benefits in the industry.
        Senator Peters. All right. Thank you.
        Senator Young. Thank you. Thank you, sir.
        Mr. O'Brien. Yes.
        Senator Young. Senator Cruz, you are recognized.

                      STATEMENT OF HON. TED CRUZ,
                        U.S. SENATOR FROM TEXAS

        Senator Cruz. Thank you, Mr. Chairman. Thank you to each of
    the witnesses for being here.
        I want to go back, Mr. Spear, and Mr. O'Brien, to the topic
    that Senator Peters raised, which is autonomous vehicles, which
    is obviously an incredibly important topic, one that impacts
    over three million jobs, one that impacts our economy
    profoundly.
        Mr. O'Brien, I wanted to give you an opportunity to respond
    to what Mr. Spear said particularly talking about levels one
    through four of automation and what your view and the
    Teamsters' view is on levels of automation that fall short of
    removing the driver. What is, you all, view on that?
        Mr. O'Brien. I am not familiar with one through five, what
    he is talking about, but I can talk about the threat. You know
    we talk about automation and I drove a truck my entire life. I
    drove oversized loads, I hauled heavy equipment both interstate
    and intrastate, and you know, there is no better brain--or
    better computer than your brain or your instinct.
        Now, we understand technology is coming and we are not
    trying to impede any type of technology that is going to make
    business more efficient. Our sole goal is to protect these
    jobs, and to make certain that people that don't have the
    opportunity to go to college, that don't have the opportunity
    to get high, you know, white-collar jobs have the opportunity
    in the trucking industry.
        I am a fourth-generation truck driver, and I have seen
    firsthand how important it is to maintain these jobs at the
    highest level. If we try and replace human operators with
    computers, I think one, it is going to be detrimental to
    recruiting new drivers, which further would give credibility to
    a driver shortage because the uncertainty of the industry.
    Second, again, it is going to be such a public safety risk.
        I mean, do you want your family driving in a car, a
    minivan, next to a vehicle, not being operated by a human? I
    don't. I have two boys and I, you know, would hate to think
    that they are vulnerable to a malfunction in a computer.
        And last, the infrastructure, I mean, how many times, and
    you have been around a long time, Senator, well respected, have
    you fought long and hard to improve infrastructure especially
    in your state? Now, if we allow all these autonomous vehicles
    to run wild, it is going to destroy that infrastructure that
    we, as taxpayers, have all invested in over the last several
    decades.
        And I think the most important thing, and I will say it
    again, is the jobs. Where do these people go if you eliminate
    three million jobs? And people may not think, or there is
    testimony here, it is not happening for a long time. Don't kid
    yourself. If a big tech could have this done tomorrow and these
    corporations could operate without human operators, without
    paying wages, benefits, that would happen tomorrow.
        Senator Cruz. So Mr. O'Brien, Mr. Spear, both of you all
    have called for a Federal framework for autonomous vehicles. I
    want to ask each of you, what are the most important two or
    three elements in any Federal framework? Mr. Spear, you can go
    first.
        Mr. Spear. Well, I think interstate commerce, you have got
    to protect it, we need one standard, not 50. Right now you have
    16 states that have automated vehicle laws on the books. We are
    operating, we are developing technologies that I think are
    going to, you know, really be forward-leaning in terms of
    productivity and what it can do for the supply chain in levels
    one through four.
        We are a ways out from full autonomy. You might see it, as
    I said earlier, in the Southwest, but nationwide I just don't
    see it in the near future. But to get there you have got to
    develop----
        Senator Cruz. What do you mean by ``a ways out'', how would
    you quantify that?
        Mr. Spear. I would say probably 10, 15 years out. But it is
    always described as threat to jobs, threat to jobs. I go back
    to the ports example, 65 ports in this country, not one of them
    ranks in the top 50 for efficiency and productivity. This
    President wants to take things to a whole another level. To
    grow this economy, we are going to need both jobs and autonomy.
        We are going to need technologies to get that throughput in
    and out of those ports and on our roads to where it needs to
    go. You are going to need both those hardworking union jobs,
    and you are going to need technology to assist them. This is
    assuming the economy remains stagnant that we have got to wrap
    our--you know, bubble wrap around all these jobs to protect
    them. No, we don't. They are going to be there. We need more
    throughput to grow the economy, we are just not going to be
    able to do it by adding more people. You are going to have to
    add technology to get efficiency. It is that simple. You need
    both.
        Senator Cruz. So Mr. O'Brien, top two or three elements in
    a Federal Framework for AVs?
        Mr. O'Brien. We need human operators in these vehicles. And
    if it is true what he is saying, if you are going to replace a
    human operator in a commercial vehicle, where does that person
    go? Where has that job gone? And I am all for efficiencies. I
    don't think--I don't want you to think that we are not for
    efficiencies. I am familiar with the ILA Agreement on the East
    Coast. I sit on the Port Authority Board at the Massachusetts
    Port Authority, which you know, as well.
        But there are efficiencies built in there, but there is
    also job protection as a result of implementation of this
    technology which further gives credibility on, when you sit
    down and negotiate a collective bargain agreement you can
    embrace the technology and also the efficiencies, but you also
    can protect and create new jobs as a result of this technology.
    So I think second priority be, upon implementation, you create
    opportunities and jobs as a result of this technology.
        Senator Cruz. Thank you. OK. Final question, Mr. Spear, the
    Texas Department of Public Safety has reported that you can buy
    a Mexican CDL for as little as $2,500. Fraudulent licenses mean
    we don't know if these drivers are qualified to be on the road.
    What should Congress do to make sure that only qualified,
    properly vetted drivers are operating on our roads?
        Mr. Spear. Well, I think--you are absolutely right and it
    is happening, and it is a big problem. We talked about English
    language proficiency, making certain that they can communicate
    in the English language. That is critical. People out there
    taking advantage of B-1 drivers coming in, drop a load, they
    are using them for weeks to move freight in the United States.
    That is illegal. It is called cabotage.
        You can buy illegal CDLs, you know, on the corner. This is
    not uncommon. We need Federal enforcement, we need to work with
    state enforcement and local to understand those credentials and
    take these drivers off the road. They have no business being
    out there. We have seen foreign drivers that don't speak
    English, that are having no insurance whatsoever and operating
    shoddy equipment out there. That is the kind of riffraff we
    need to get out. That is not the image any of us want. OK? We
    are very proud of our industries and what we do, but that kind
    of thing happens and there is an accident that is not a
    reflection of our efforts. We need good coordination with our
    Federal regulators to ensure that these folks are taken off the
    road.
        Senator Cruz. Thank you.
        Senator Young. OK. I am going to recognize Senator Moreno
    for questions. Senator.

                   STATEMENT OF HON. BERNIE MORENO,
                         U.S. SENATOR FROM OHIO

        Senator Moreno. Thank you, Mr. Chairman for doing this
    hearing. I thought maybe Mr. O'Brien, I will start with you.
    There is some conversation about tariffs, not that this is a
    hearing about tariffs, but let us say that real quick. You
    care. I think when I look in your eyes and I have met with you,
    you actually care deeply about making certain that we have a
    growing, thriving middle class in this country. I mean, that is
    not an act. That is something that you believe in your heart
    and soul.
        Mr. O'Brien. Yes. I think someone referred to me as a--hold
    on--as a ``self-promoting union boss'' in one of their
    articles. But I am not a self-promoting union boss. I am a
    truck driver from a middle-class family that appreciates and
    embraces the preservation of the middle class.
        Senator Moreno. Right. So when we think about tariffs, we
    can go out and find the cheapest labor on earth, slave wages in
    China, massively subsidized industries, and there is this
    mentality that somehow tariffs are bad for America, when in
    reality, wouldn't you say that it is good to have trade
    barriers to put American workers on a level playing field with
    workers around the world?
        Mr. O'Brien. Yes. I mean, there is no secret where what our
    position is as a union on tariffs, and I know there is a
    concern with--when these tariffs are implemented, if they are
    implemented, and when they are implemented, what is that--what
    effect is that going to have on the consumer? Now, we have to
    go back in history a little bit. Remember when we had plenty of
    industry in this country where we were producing goods and
    services, where we were manufacturing steel, we were doing a
    lot of this work, and then these bad trade deals that happened
    in 1993 with NAFTA and everything else had an impact on jobs
    and they went away, and our jobs, and everything went overseas,
    and that level playing field was completely uneven to the
    American worker.
        Now, fast forward where we want to repeal a lot of these
    trade deals. We want to impose these tariffs unilaterally I
    believe to what we are paying, and what they should be paying,
    there is a concern that we are going to diminish jobs, and
    where is all this cost going to go?
        Now, we have got to take a look--there is a lot of factors
    here--we have got to take a look at excessive compensation with
    a lot of these CEOs, and these corporations, and their
    willingness to reward Wall Street instead of the people that
    work in these jobs.
        So we can have that debate as well on: Hey, you know what,
    if these tariffs come in, take a little less in your own
    pocket, stop giving more to the--to Wall Street and just reward
    your workers and don't pass this cost on the consumers. The
    fear of the unknown is what is----
        Senator Moreno. But ultimately it is important, I think I
    am hearing you say which I agree with 100 percent. I just hope
    my colleagues listen to this. Is that we want to have these
    jobs in America. That is very important, because these are good
    working-class jobs that allow a mom or a dad to be able to
    provide a living for their family, retire debt free. That is
    really important, so totally, totally with you on that one.
        Let us dig a little deeper into this English requirement.
    Now, I wasn't born in this country. My mom made me learn
    English pretty quickly. And I don't think there are a lot of
    legal immigrants that think differently than I do. They believe
    that we should assimilate, learn English, learn the language.
        But what are the implications for you and your members
    when, during the Biden years, you had ten million people come
    in this country illegally, a lot of them under the guise of
    independent contractors started becoming truck drivers? The
    giant spike that happened, these are people that spoke no
    English, had no idea of our traffic laws, and yet they were
    unleashed on our roads.
        What was it like for your members to be able to--to drive
    on the roads with people that, again, had no idea what they
    were doing, no idea about our safety requirements?
        Mr. O'Brien. Well, I think it is extremely frightening to
    be honest with you. You had a lot of trucking companies that
    were actively recruiting in foreign countries to bring people
    over here on those work visas, whatever they are called, and
    train them and put them on the roads where they are not from
    this country, they don't know this language.
        So our members are very passionate. By the way, our
    membership of 1.3 million is well representative from first-
    generation immigrants who came over here the right way, who
    learned the language, learned the laws, obtained their CDLs
    properly and, you know, went to work, and everything else. But
    you know, it was frightening times and it still is. I mean, we
    heard a comment today about Mexican truck drivers coming over
    these borders and doing the cabotage. We are 100 percent in
    agreement that shouldn't be happening.
        Matter of fact, we would rather have Mexican drivers drop
    their trailers at the borders and let American companies pick
    them up and do the deliveries.
        Senator Moreno. Yes. I mean, so clearly that is something
    that should be in legislation.
        I will switch over to you, Mr. Spear, real quickly. There
    is this conversation about, you know, what is a threat to the
    trucking industry. I think we need to--maybe if you could
    briefly describe what it meant to the trucking industry to have
    the Congressional Review Act that eliminated the Advanced Car
    Truck Rule, and what that meant. Because we forget, we forget
    that that was a mere six or seven weeks ago. What would that
    have meant to the industry if we had gone through--down the
    cliff of electrification on semis?
        Mr. Spear. You would have witnessed consolidation in our
    industry that has never happened since 1980 during
    deregulation. I mean the medium and small companies, 68 percent
    of our members are less than 100 trucks, 35 percent are less
    than 25 trucks. Those companies would be gone, gone, because
    they can't have access to that kind of equipment because there
    is not enough of it under those rules. And it would be three
    and a half times more than what they pay for a brand new diesel
    today, which by the way emits 98.5 percent less than what it
    did in 1988.
        So 60 trucks today emit what one truck emitted in 1988.
    That is how far we have come. We didn't need, you know, the
    United States of California telling our industry operating in
    50 states how to work with the EPA to get clean air and water.
    We were already doing that.
        So revoking these through the CRA, you just took off one of
    the biggest threats to our industry in a matter of 8 months,
    and it is now allowing us to do a whole host of other
    constructive things such as the Safety Title. So I thank you
    for that vote.
        Senator Moreno. No, it is great. And let us talk about, so
    Mr. Pugh or Mr. Spear, if you want to answer, what does the one
    big beautiful bill and bonus appreciation mean to your
    industry? The ability to make an investment, have that, be able
    to be--depreciate; is that positive or negative for you?
        Mr. Pugh. Yes. We appreciate the big beautiful bill and
    understand that what we--what we need to see happen now
    though----
        Senator Moreno. I am talking about just the bonus
    depreciation, the ability to write off your equipment. Is that
    a net positive or net negative?
        Mr. Pugh. That is definitely a net positive to be able to
    write off equipment for sure.
        Senator Moreno. Right. So I just want to just recap real
    quick, to my Democrat colleagues, wrong on tariffs, wrong on
    immigration, wrong on EVs, and wrong on voting against the one
    big beautiful bill. And if my colleague, would you mind one
    more question as--and you wouldn't mind? OK. I always ask
    permission from my great colleague here from Nebraska.
        So one last question, Mr. Spear; what is the average age of
    the semi in America, on the road, more or less?
        Mr. Spear. Yes, we assessed that a couple years back,
    particularly in California, but nationally 53 percent of the
    commercial vehicles operating in the country are 2010 or older.
        Senator Moreno. And what level autonomy those have?
        Mr. Spear. I am sorry?
        Senator Moreno. What level autonomy do they have?
        Mr. Spear. Well, it is----
        Senator Moreno. That would be level zero. These things have
    no safety technology. They are much worse emitters of--and what
    is keeping people from buying new cars? I am going to answer my
    own question. There is Federal excise tax.
        Mr. Spear. Absolutely.
        Senator Moreno. Twelve percent. So if we can--if we can
    massively reduce the Federal excise tax and allow people to
    open the door to buying new semis, talk real briefly because I
    am wearing on the patience of my colleague on taking over
    time----
        Mr. Spear. She is still nodding so I think we are safe. But
    Senator Cantwell alluded to this in her opening statement, too.
    The added cost from the FET, the Federal excise tax, by the
    way, this dates back to the Titanic sinking. This was put in
    place by Congress, coupled with a number of other provisions
    that no longer exist, ours do, it is a 12 percent tax on trucks
    and trailers, and that is about $35,000 for both, total, each
    purchase.
        So you know, if you have got somebody out there that is
    buying, say, 1,800 new tractors, you know, for a third of their
    fleet that they turn over every year, that is $65 million. That
    is real money. So that is going to the Federal Government, not
    to them.
        So we would argue for repealing this. It was put in place
    to fund trench warfare in World War I. It is outdated. We can
    take that money. It is our money, not the governments. We can
    invest it in training, pay, equipment, get that brand new
    equipment out there and replace the old stuff. You will reduce
    emissions by 83 percent just by putting new diesels out on the
    road.
        Senator Moreno. Great. Thank you.
        Senator Young. So I recognize Senator Lujan.

                   STATEMENT OF HON. BEN RAY LUJAN,
                      U.S. SENATOR FROM NEW MEXICO

        Senator Lujan. Mr. Spear, just last month, I had the honor
    of meeting with the Gunter family from New Mexico. And if you
    know who this family is, you will know of the tragic loss of
    two brothers, Brad and Chad. Now, they were killed when a truck
    drove off of Interstate 40 and crashed through their blacksmith
    shop. What they shared with me is that the truck's cruise
    control was set to 65 miles per hour and the brakes were never
    applied as the truck ran into a blacksmith shop.
        Technology exists to prevent this, which makes this even
    harder. Can you explain how automatic emergency braking works
    and how it could be used to prevent tragedies like the one the
    Gunter family had to suffer, to prevent this suffering from
    happening again?
        Mr. Spear. Yes, I will. Actually this dates back to when I
    was with Hyundai Motor Company, and all the motor companies I
    was the signature for that, for Hyundai signed on voluntarily
    adopting AEB on all new models. So I am very familiar, this
    dates back to the Obama administration.
        So this technology works. It has been in place, not just in
    passenger vehicles, but in the commercial sector. I would say
    our industry is lagging a bit behind. There needs to be a lot
    more testing. This was a rule that was not removed from the
    Federal Registry for regulations, the regulatory agenda.
    Secretary Duffy kept that in place.
        So I do think there is promise there for both cars and
    trucks. I am also mindful, Senator, that two-thirds of the
    accidents that involve commercial vehicles are caused by
    passenger vehicles. So I want to be clear about that. Texting
    and speeding, they are not paying attention. They are on their
    phone. That is a problem that is not going away anytime soon.
        So here is something that--a situation where AEB can really
    play an invaluable role of saving lives and bringing down that
    fatality rate to zero.
        Senator Lujan. So Mr. Spear, are you saying that if
    vehicles had technology to prevent passenger vehicles from
    being involved in those distracted crashes that would be
    helpful here as well?
        Mr. Spear. Yes. And it goes back to the earlier discussion
    too about automated vehicles. That level one to four, there are
    telematics in there where the two are communicating with each
    other. So if you are on autopilot in the car and you are
    asleep, God forbid, or you are texting and not paying
    attention, the car is going to see the obstacle coming, whether
    it is a trailer, or a building, or what not, it is going to see
    that, it is going to apply the brakes, it is going to send off
    warnings to the driver. That is preventive. We prefer that. We
    prefer the kind of technology where the accident doesn't
    happen, where people don't get killed. And I think there is a
    lot of promise there. We should continue to invest in it.
        Senator Lujan. I appreciate you saying that. There is a
    rulemaking currently before Secretary Duffy on a piece of
    legislation that I proudly passed with Rick Scott and other
    members of this committee that would require more of this
    technology to be in vehicles across the country. So I am very
    proud to hear you say that.
        Now, with the trucking, can you tell me how you will work
    to ensure that the technology we just talked about is deployed
    in trucks as soon as possible, on the braking side?
        Mr. Spear. Well, you have got to test it. Obviously there
    is a lot of variables in terms of weight, how it is applied
    across the board, is it for new trucks, is it existing trucks,
    these are all things that--you know, you need to take a little
    bit of time before mandating something, to be sure that it
    works, and that you are getting a return on that. So you know,
    I know that there has been some opposition here to electronic
    login devices and others said that our companies work people,
    you know, for endless hours. No, they don't. No, they don't.
    That is why we have electronic login devices so they don't go
    over their period of work, that they are well-rested. OK.
        If you want to keep paper books and cheat, all right, but
    the rule that you guys passed, told DOT to do is technology
    that tracks it, it keeps them under those hours, keeps them
    safe, keeps them rested. These are good things for the motoring
    public, not just our fleets and drivers. So there are
    technologies out there that have a safety return, and that is
    your title.
        So I think this is an important discussion. You got to keep
    investing in the good technologies, test them, deploy them. I
    think the Department is very good about picking the best
    technologies that impact our industry and our safety rates.
        Senator Lujan. And that includes braking?
        Mr. Spear. Yes, that includes braking, absolutely.
        Senator Lujan. Now, on driver fatigue, Mr. O'Brien, I do
    have a question there. As we know, it is a contributing factor
    to at least 13 percent of large truck crashes, and it was
    likely a contributing factor when the truck rammed into the
    blacksmith shop of the Gunter brothers. What needs to happen to
    reduce crashes due to fatigue?
        Mr. O'Brien. Well, I think, you know, any talk of expanding
    hours of service would be detrimental and that would cause more
    collisions, more driver fatigue. But my colleague, I will agree
    that, you know, technology that is going to reduce the risk of
    certain crashes even though if a driver does fall asleep for
    fatigue, or there is something preventable that technology can
    alert to avoid it, I mean, I don't think anybody at this table
    would disagree that that is paramount to the safe operation.
    But I think any talk of expanding hours of service would be
    detrimental and be a safety concern moving forward as well.
        Senator Lujan. Appreciate that, sir. Now, last question I
    have, and I will submit the others into the record. According
    to the FMCSA report, over 60 percent of truck drivers are not
    tested for alcohol and other substances following fatal crashes
    despite an existing statute requiring carriers to do so.
        It is clear that this quote, ``self-policing policy'' is
    failing. Now, my question is, this lack of accountability which
    I would deem unacceptable, Mr. O'Brien, do you support efforts
    to ensure that all truck drivers are tested for drugs and
    alcohol following fatal crashes?
        Mr. O'Brien. 100 percent. A matter of fact, I had a
    personal experience in the City of Boston. I was working for a
    crane company, Shaughnessy & Ahearn, and a driver ran
    underneath my flat bed of my truck and he died. I immediately,
    at 22 years old, was taken from the scene and drug tested, even
    though that I was not the cause of the accident. But that is an
    example. But I think the problem is, is enforcement,
    enforcement.
        Senator Lujan. Um-hum.
        Mr. O'Brien. I mean, I don't think anybody wants anybody
    going down the road in an 80,000-pound vehicle under the
    influence of any controlled substance and/or alcohol.
        Senator Lujan. Mr. Spear, yes or no?
        Mr. Spear. Absolutely, yes. I think it is paramount. And
    will go so far to say hair testing as well.
        Senator Lujan. Yes.
        Mr. Spear. In part because you have an opioid, you know,
    plague going into every community right now. There are things
    out there with legalization recreational marijuana, we didn't
    face that 10, 20 years ago. We do now. We need more tools to
    make sure that, to Sean's point, anyone that gets behind the
    wheel of an 80,000-pound vehicle is not impaired.
        Senator Lujan. Appreciate that. Mr. Pugh, yes or no?
        Mr. Pugh. Yes, we would support--we support after--post-
    crash testing for sure. But we do not support the hair testing
    because we don't feel that there is enough research or data out
    there to show that it is true, as what a urine test is. And
    also with different nationalities, different types of people,
    it doesn't always come out accurate, and there is plenty of
    proof to show that. Urine test has been working. That is what
    scientists set up years ago. That is what we should be using.
        Senator Lujan. Thank you, Mr. Pugh. And Mr. O'Brien, you
    have something else, but my time has expired. I will make sure
    that we get something----
        Mr. O'Brien. I am good. Thank you.
        Senator Lujan. OK. Very good.
        Thank you, Mr. Chairman. I yield back.
        Senator Young. Thank you, Mr. Lujan.
        Senator Fischer, you are recognized.

                    STATEMENT OF HON. DEB FISCHER,
                       U.S. SENATOR FROM NEBRASKA

        Senator Fischer. Thank you, Mr. Chairman. I am so happy you
    are back.
        [Laughter.]
        Senator Fischer. Ouch. You deserved that.
        Senator Young. OK.
        Senator Fischer. Mr. O'Brien, thank you for being here
    today. I enjoyed working with you last year on the REEF Act
    where we helped ensure that railroaders' hard-earned benefits
    were not going to be subject to sequester. That legislation,
    now law, was a prime example, I believe, of how Congress,
    industry, and labor can come together to benefit hardworking
    people. As we look forward to surface reauthorization, I hope
    we can continue in this collaborative fashion between industry
    and labor.
        You mentioned, sir, in your testimony and in earlier
    comments here today, the importance of removing predatory CDL
    training programs from the training provider registry. I know
    this is a concern that is shared by Mr. Spear and ATA, as well
    as CBTA and others.
        Mr. O'Brien, what steps do you recommend this committee
    take to improve FMCSA's oversight of the TER?
        Mr. O'Brien. Well, I think first and foremost, I think--I
    want to thank you for your hard work with our rail workers who
    obviously need CDLs outside of the FMCA, we have about 40- to
    50,000 members that fix and keep the rails moving so the trains
    can stay on them.
        But more importantly, I think we have to take a deep dive
    on all the vendors that are on the list that provide CDL
    training because there are a lot of predatory trainers out
    there that will put you through a training program where you
    are not qualified, you can't pass a skills test, and you are
    not marketable. Most of these folks are paying out of their own
    pockets to go to these schools.
        So I think eliminating the bad actors by doing some audits,
    and statistics can show that they are not performing and/or
    providing the qualified drivers necessary to keep our roads,
    the public safety--and the people safe. Now, we have 20 schools
    that we run nationwide under the Teamster umbrella, and I ran
    one of them in Boston in the late 90s where we were very
    successful in our training, and we were able to successfully
    train, but more importantly, transition people into jobs that
    actually could do the jobs because of their training, because
    of their education.
        And a lot of what we have seen over the past years are
    people coming from some of these predatory schools coming to
    our 20 training facilities who paid thousands upon thousands of
    jobs--thousands of dollars and are not qualified to do this
    job. So I think imposing and enforcing criteria and mandates
    for these predatory, and getting rid of the ones that are not
    successful or it is just a money grab.
        Senator Fischer. OK. Thank you very much. Mr. Spear, and
    Mr. Pugh, I want to thank you both for your continued support
    of my Household Goods Shipping Consumer Protection Act. The
    bill cracks down on cargo theft by giving FMCSA enforcement
    tools to protect consumers from fraud by scammers. This
    committee has unanimously advanced the bill, and I look forward
    to working with both of you to get it into law.
        On another topic, I want to discuss EVs, not all the stuff
    we have we have already gone through, so calm down. I want to
    be able to discuss with you both the Highway Trust Fund. Now
    through the--or though the fund is outside this committee's
    jurisdiction I remain concerned about its solvency, and the
    impact that insolvency would have on our entire system,
    infrastructure around this entire country.
        Though not a silver bullet we need to get electric vehicles
    paying into the fund. Currently electric vehicles don't pay a
    dime. They are heavier. They cause more damage to roadways
    without paying for the repair, for the maintenance. They impact
    new construction as well. I have legislation that requires
    electric vehicles to contribute to the Federal Highway Trust
    Fund, and I know T&I, Chair Graves in the House, has a proposal
    as well, and I appreciate his work to address this important
    issue.
        From your perspective, gentlemen, why is it important for
    EVs to contribute to the trust fund and for Congress to step up
    and address the Fund's solvency in our upcoming surface
    reauthorization?
        Mr. Spear. So you know, I am calm, now.
        Senator Fischer. Thank you.
        Mr. Spear. You know me better than my own staff. So I would
    just say that all users have to pay. They do. If you are on the
    roads, you are on the bridges, you should pay. EVs don't, and
    they are heavier. It is a developing technology that we need to
    capture and ensure that our roads and bridges remain a priority
    and that those using them are contributing to that.
        I think fairness and some evolution here. It has been since
    1993 since Congress has, you know, raised the fuel tax. It is
    not politically popular, I get it, on both sides of the aisle.
    We just did a Highway Bill, we took it out of general funds.
    Not a big fan of that. We do support the user fee. Why? Because
    the fuel tax is the most efficient way to pay into the trust
    fund, it is less than a penny. So we need to replace it with
    something that doesn't jack up the administration costs, like
    tolling, weight, distance tax, or even congestion pricing. We
    are talking about 20-25 percent administrative fee. We need
    that money going to roads and bridges, not getting chewed up in
    administration costs.
        So we are looking very seriously about advocating a
    registration fee that applies to everybody, trucks, cars, EVs.
    You already register your vehicle at the state DMVs. You just
    simply pay for what you normally would pay in fuel costs at the
    pump. Get rid of the gas tax, get rid of the tire tax, get rid
    of all the taxes, put it in a registration fee. You are
    probably looking at about $200 to $250 a year for a motorist.
    OK? Be more for us. That is fine. We are willing to do that.
    But for a motorist, having that spread out, too, over 12
    months, because $250 for some folks is a lot of money.
        Senator Fischer. It is. Yes.
        Mr. Spear. Spread it over 12 months so they can pay it that
    way. But that will capture everybody. It is fair. You are using
    it. You register a vehicle. There you go.
        Senator Fischer. Mr. Pugh, I would like to hear your
    thoughts as well.
        Mr. Pugh. Yes, we definitely support some sort of
    registration fee, or something, going to the Highway Trust Fund
    with electric vehicles. I mean, by all means, why shouldn't
    they pay? They use the highways and they should. We should also
    make sure we are not giving them special carve outs for hauling
    them or transporting them when they are--because they are
    heavier loads to haul and transport. We should make sure we are
    not doing that as well.
        I think what we need to do is, unfortunately, is get the
    intestinal fortitude here in Congress to raise the gas tax
    because it hasn't been raised. It does work. You pay it at the
    pump. People don't realize it. Why create anything new other
    than for these vehicles, electric vehicles, to pay a
    registration?
        Senator Fischer. Yes, I am just--I am just focused on
    capturing a user fee of some kind from EVs.
        Mr. Pugh. Yes.
        Senator Fischer. Whether they are passenger vehicles,
    trucks, whatever.
        Mr. Pugh. Correct.
        Senator Fischer. Because they pulverize a road--a road bed,
    and more so.
        Mr. Pugh. I would also think that we could put some sort of
    a collection on their pumps just like we do for fuel, but for
    electricity. We take it right there at the time.
        Senator Fischer. Thank you. Thank you very much.
        And thank you, Mr. Chairman. Senator Moreno, who has
    escaped, I would like to point out that he and I are trying to
    work on something here so that we can add more revenue to the
    Highway Trust Fund. Thank you, Mr. Chairman.
        Senator Young. Well, thank you for your leadership on that
    issue, Senator Fischer. I would love to review that bill if I
    am not already on it.
        So, I will recognize Senator Klobuchar.

                   STATEMENT OF HON. AMY KLOBUCHAR,
                      U.S. SENATOR FROM MINNESOTA

        Senator Klobuchar. OK. Thank you. And I heard the beginning
    of your testimony there, Mr. Spear, when I was here earlier,
    and you were talking about cargo theft, correct? And as you
    know, we have held a hearing in this subcommittee on the
    growing threat of cargo theft often involves high value retail
    goods, but not always. One dairy protein export company in
    Minnesota has reported an average of one to three break-ins per
    month just for containers of dry milk powder. Of course
    valuable, but I don't think people probably think it is like
    jewelry or something, but this is what is going on with some of
    the food shipments.
        How can we best address this issue? And I think I will ask
    you that as well, Mr. Pugh. Thanks.
        Mr. Spear. Well, I would just say thank you for your
    leadership and co-sponsoring the CORCA Bill. You have heard two
    testimonies now in this committee as well as in Judiciary
    Committee, and we are very excited that you all are taking the
    time to really shine a spotlight on this issue. We need Federal
    leadership, in concert with state and local, and in partnership
    with our industry. We have all got to, collectively, come
    together if we are to put a stop at this practice.
        This is a lot more advanced than what we were seeing 10,
    15, 20 years ago. As long as trucks have been on the road,
    there has been theft. I mean hit-and-run type things. What we
    are seeing now is transnational organizations operating out of
    Eastern Europe, Russia. They are hacking into the bill of
    laden. Sometimes when the truck is in motion, driver sees it
    come up, the drop changes, they think it is legit because it is
    the company. By the time they drop the load and figure out what
    just happened; it is long gone.
        This is very advanced, you know, type of practices that we
    really need coordination with DHS, DOJ, with our states and
    local government, and industry.
        Senator Klobuchar. Thank you.
        Mr. Spear. So thank you for that.
        Senator Klobuchar. Thank you. Mr. Pugh.
        Mr. Pugh. Yes. And we need--FMCSA needs the power to go
    after these folks, and the oversight as well, as long as--and
    truckers need a place, and brokers as well to report these kind
    of things. We get calls on a daily basis at OOIDA where drivers
    are taking loads and they get the load, they deliver the load,
    and it is a fictitious broker, the broker is pretended to be
    someone else.
        I know brokers are dealing with the same thing with
    truckers. They get trucking companies that are getting their
    identity stolen. It is too easy for trucking companies to sell
    their identity, and it is much too easy to get into our
    industry in the first place. That is where this all starts.
        Senator Klobuchar. Yes.
        Mr. Pugh. As I have said in a past hearing, you can take
    someone off the street who has never even been in a truck or
    seen a truck, and in a month and a half they can be a full-
    blown truck driver and motor carrier. That is insane. That is
    insanity. You know, to be a broker, you post a $75,000 bond and
    you are a broker.
        Senator Klobuchar. OK.
        Mr. Pugh. We have got to start at the beginning, stopping
    these folks.
        Senator Klobuchar. All right. One of the things that this
    kind of plays into is just workforce retention and supply
    chain, and that means ensuring that crucial careers like
    trucking receive good wages, my grandpa started out delivering
    and pulling a wagon, ended up as a miner. But we know, Mr.
    O'Brien, we know that unions ensure that truck driving not only
    keeps workers with good wages, but also makes it safer. Talk
    about this as the need to keep our drivers there in the long
    term.
        Mr. O'Brien. Well, I think it is continuity of the
    workforce. I mean, you take companies like UPS, where you can
    go to work as a part-timer unloading trucks at 18, you become
    21, you can go out in the road, deliver a package, your
    earnings go up, you are accruing credit for your health and
    welfare pension, and then when you get enough seniority, you
    get the ability to drive tractor trailers.
        There is a path to a career here, and that path to a career
    is your wages being the highest, you have the best health
    benefits, and have a retirement that you can retire with
    respect and dignity. You look at ABF, you look at TForce, you
    look at a lot of regional carriers that we represent, there is
    10 to 15 percent turnover ratio, not because of low wages, not
    because of benefits or anything else, and that is proven. I
    mean, we have statistics that prove it.
        And I think the higher standards that are set, especially
    working under a collective bargaining agreement, is going to
    help retain drivers. That is why it is important, and I
    mentioned earlier, we have got a bipartisan bill with Senator
    Hawley and Senator Booker, requiring the fair labor standards
    contract where you can organize without any threats of
    retribution, retaliation, and there is a mechanism to get to a
    first contract through binding arbitration.
        Senator Klobuchar. OK, very good.
        Mr. O'Brien. Thank you.
        Senator Klobuchar. Thank you. Enjoy working with you as you
    know.
        Last question, Mr. Ferguson, I weirdly just got a text from
    Charlie Zelle, you know he used to head up Jefferson Bus Line.
        Mr. Ferguson. Absolutely. He is a strong member of ours.
        Senator Klobuchar. Right. And then became the head of our
    transportation. He was transportation commissioner, did a great
    job and now at our Met Council, he is just announcing--I don't
    know--well, I will tell you about it later. OK. So the FMCSA,
    the Passenger Carrier Division, can you speak to the impact
    this was in your testimony that low staffing has on motor coach
    operators and how important this is; a different version of the
    question than Mr. O'Brien?
        Mr. Ferguson. Yes, my testimony recommends that
    prioritizing staffing at the Passenger Carrier Division is a
    huge priority.
        Senator Klobuchar. Um-hum.
        Mr. Ferguson. The interaction that our staff has with their
    staff is ongoing and daily, typically. You know, understanding
    what is the operational reality of this regulation or that new
    requirement is very helpful for the regulators to understand
    what is it like on the roads and on the ground, and vice versa,
    for us to have a better understanding of intent, desire, you
    know, outcomes. It can allow us to better communicate and share
    with our membership what is happening, what is coming, et
    cetera.
        So having more points of contact, more partners, you know,
    we host a variety of webinars, in-person safety briefings, you
    know, having speakers, engagement, that cross-coordination is a
    huge part of our success.
        Senator Klobuchar. OK. Thank you. I am done, but I will
    ask, in writing, Mr. Spear, some questions about distracted
    driving. This is a big priority of mine and really, really
    important. So maybe we can have another hearing on that at some
    point. But thank you.
        Senator Young. Senator Markey.

                   STATEMENT OF HON. EDWARD MARKEY,
                    U.S. SENATOR FROM MASSACHUSETTS

        Senator Markey. Thank you, Mr. Chairman, very much.
        According to CBS analysis of Federal data, Amazon's
    delivery truck contractors consistently have higher safety
    violation rates compared to the rest of the industry. From 2019
    to 2024, Amazon's contractors had a violation rate roughly
    double the industry average. Because of Amazon's nefarious
    corporate practices of misclassifying workers and shirking its
    joint employer responsibilities, Amazon itself has not been
    held accountable by regulators for the performance of its
    fleet.
        Each individual subcontracted delivery truck company faces
    consequences when something goes wrong. Companies like Amazon
    can use this subcontracting scam to wash their hands of
    responsibility for the overall performance of their operations.
    An operation the size and scale of Amazon's lacking a
    comprehensive safety record for which the company can be held
    accountable is dangerous for drivers and other motorists, and
    unfair to companies that play by the rules.
        Mr. O'Brien, do you agree that Amazon's trucking model
    shields the company from accountability for its safety record?
        Mr. O'Brien. It absolutely does.
        Senator Markey. And in your view, maybe you can expand,
    does Amazon structure its operations this way to avoid
    accountability?
        Mr. O'Brien. Yes, I testified earlier that, you know, they
    use a lot of these independent contractors, these smaller
    companies that have their own individual DOT numbers, which it
    is tough to point to saying Amazon is responsible, and Amazon
    will say, well, they are not direct employees of ours. They are
    subcontractors. So it is a--it is a game, it is a scam.
        And you look at an employer like United Parcel Service that
    is similar in nature where they have all direct employees. They
    have a proven track safety program in place, collectively,
    administered by the union and by management where we do the
    same exact work, the same neighborhoods, and we have got a
    stellar record in safety because of the training, and the
    cooperation, and the work collectively by both.
        Now if you--I will give you a prime example and everybody
    sees Amazon in their neighborhoods. If you look at an Amazon
    truck in your neighborhood delivering you look at the shape
    that that truck is in, you look at the condition it is in, and
    then you look at the condition that a UPS truck is in, that
    will tell the story right there.
        Senator Markey. Yes. And so as a result, safety just falls
    into a regulatory black hole. Who is responsible? You know, so
    that is the issue.
        Mr. Chairman, I have a letter from the Truck Safety
    Coalition that I would like to enter into the record,
    unanimously.
        Senator Young. Without objection.
        [The information referred to follows:]

        Senator Markey. Thank you. In Mr. Spear's testimony, he
    discusses at length an argument we often hear, Mr. O'Brien,
    from the trucking industry. The government should weaken safety
    regulations, such as lowering the minimum age to hold a
    commercial driver's license from 21 to 18 to address the
    trucking industry driver shortage. Trucking is a very dangerous
    industry, any argument to lower safety standards deserves close
    scrutiny.
        So let us examine the so-called ``driver shortage'', the
    word ``shortage'' implies the pool of qualified workers is too
    small. But two million people hold commercial drivers licenses
    in the United States. And hundreds of thousands more licenses
    are issued every single year. All these qualified drivers are
    competing for about 900,000 long-haul trucking jobs. And while
    there are plenty of qualified drivers available, many trucking
    companies struggle to retain these drivers.
        In fact about--this is an incredible number, 90 percent of
    truck drivers leave their job after one year, 90 percent. This
    high level of turnover suggests the issue might not be whether
    there are enough drivers, but whether existing drivers are
    getting enough out of the job.
        So before we take more actions to make trucking less safe,
    Mr. O'Brien, do you believe that a 90 percent turnover rate in
    the long-haul trucking is the sign of a healthy industry?
        Mr. O'Brien. No. I think long haul trucking is a very
    difficult job. I think we can all agree to that. It is a lot of
    time away from your family, a lot of sacrifice. But if you have
    a 90 percent turnover ratio, then there is something wrong in
    the industry. When you look at unionized carriers who have 10
    to 15 percent turnover ratio, that is significant because that
    means people are happy with their wages. They are happy with
    their benefits.
        When you have a race to the bottom and people keep leaving
    jobs after 12 months or leaving the industry, and I think the
    number we have, there is four to six million people in this
    country that hold CDL licenses and I believe 3.5 million are
    actually on the roads today. So there is definitely a breakdown
    somewhere and we know for a fact that when people aren't making
    the highest wages, when they are not getting the best benefits,
    they are not going to stay at a job.
        Senator Markey. Yes. So when wages are too low, you are
    obviously going to have massive turnover. And 90 percent
    turnover rate shows workers are not thriving. And any argument
    that says that they are is just not credible. My father was a
    truck driver, sat at our kitchen table every night, every
    morning. I am a senator, but he got paid a living wage. And so
    truck drivers are hardworking people. My father was, 61-65, and
    you can just see what that truck driver looked like. OK. It is
    a hard----
        Mr. O'Brien. They had good diners back then, sir.
        [Laughter.]
        Senator Markey. Excuse me?
        Mr. O'Brien. They had good diners at the truck stops back
    then.
        Senator Markey. Yes, the times have changed and we are
    going to have to build in protections to make sure that those
    people who could put three children through college and law
    school, you know, have protections, benefits that fit the hard
    work that they put in every day.
        I thank you, Mr. Chairman.
        Senator Young. Well, thank you, Senator Markey. And thank
    you to all of our witnesses. This has really been a terrific
    hearing. We have appreciated all of your testimony.
        Senators will have until the close of business on Tuesday,
    July 29, to submit additional questions for the record and the
    witnesses will have until the close of business on Tuesday,
    August 12 to respond to those questions.
        This concludes today's hearing. The Committee stands
    adjourned.
        [Whereupon, at 11:35 a.m., the hearing was adjourned.]

                                A P P E N D I X

                          Advocates for Highway and Auto Safety
                                                          July 21, 2025

    Hon. Todd Young, Chair,
    Hon. Gary Peters, Ranking Member,
    Committee on Commerce, Science, and Transportation,
    Subcommittee on Surface Transportation, Freight, Pipelines, and Safety,
    United States Senate,
    Washington, DC.

    Dear Chairman Young and Ranking Member Peters:

        Thank you for convening tomorrow's hearing, ``Shifting Gears:
    Issues Impacting the Trucking and Commercial Bus Industries in the
    U.S.'' Truck drivers and the trucking industry are critical to our
    Nation's supply chain and the movement of essential goods. Improving
    the safety of our roadways will both optimize efficiency and ensure
    that truck drivers and all road users return home to their loved ones
    after their travels. Advocates for Highway and Auto Safety (Advocates)
    respectfully requests this letter be included in the hearing record.
    The Physical, Emotional and Financial Costs of Truck Crashes Are
            Devastating
        In 2023, 5,472 people were killed and over 153,000 people were
    injured in crashes involving large trucks.\1\ Since 2009, the number of
    fatalities in large truck crashes has increased by 62 percent.\2\ In
    that same timespan, the number of people injured in crashes involving
    large trucks rose by 107 percent.\3\ In fatal two-vehicle crashes
    between a large truck and a passenger motor vehicle, 96 percent of the
    fatalities were occupants of the passenger vehicle.\4\
    ---------------------------------------------------------------------------
        \1\ Overview 2023.
        \2\ Annual Report 2022 and Overview 2023 Note, the 62 percent
    figure represents the overall change in the number of fatalities in
    large truck involved crashes from 2009 to 2023. However, between 2015
    and 2016 there was a change in data collection at U.S. DOT that could
    affect this calculation. From 2009 to 2015 the number of fatalities in
    truck-involved crashes increased by 21 percent, and between 2016 to
    2023, it increased by 17 percent, and between 2015 and 2016, it
    increased by 14 percent.
        \3\ Annual Report 2022 and Overview 2023 Note, the 107 percent
    figure represents the overall change in the number of people injured in
    large truck involved crashes from 2009 to 2023. However, between 2015
    and 2016 there was a change in data collection at U.S. DOT that could
    affect this calculation. From 2009 to 2015 the number of people injured
    in truck-involved crashes increased by 59 percent, and between 2016 to
    2023, it increased by 14 percent, and between 2015 and 2016, it
    increased by 14 percent.
        \4\ Insurance Institute for Highway Safety (IIHS), Large Trucks.
    https://www.iihs.org/topics/fatality-statistics/detail/large-trucks.
    ---------------------------------------------------------------------------
        Truck driving is identified as one of the most dangerous
    occupations in the U.S. by the Bureau of Labor Statistics.\5\ In 2023,
    961 occupants of large trucks were killed in crashes.\6\
    ---------------------------------------------------------------------------
        \5\ National Census of Fatal Occupational Injuries in 2023, Bureau
    of Labor Statistics, Dec. 2024, USDL-24-2564, available at: https://
    www.bls.gov/news.release/pdf/cfoi.pdf.
        \6\ Overview 2023.
    ---------------------------------------------------------------------------
        These devastating crashes result in long-lasting impacts which
    often are not accounted for in statistics alone. For every single death
    and serious injury, there is a horrific ripple effect forever changing
    the lives of children, parents, friends and communities.
        According to the Federal Highway Administration (FHWA), traffic
    incidents, which include crashes, are one of the seven main causes of
    traffic congestion which erodes the reliability of travel time.\7\ The
    report notes that for truck operators, ``[t]he cost of unexpected delay
    can add another 20 percent to 250 percent'' to their hourly costs.\8\
    The cost to society from crashes involving large trucks and buses was
    estimated to be $128 billion in 2021, the latest year for which data is
    available.\9\ When adjusted solely for inflation, this figure amounts
    to over $155 billion.\10\
    ---------------------------------------------------------------------------
        \7\ Traffic Congestion and Reliability: Trends and Advanced
    Strategies for Congestion Mitigation, March 2020, FHWA. Available here:
    https://ops.fhwa.dot.gov/congestion_report/chapter
    2.htm (2020 Traffic Congestion and Reliability Report).
        \8\ 2020 Traffic Congestion and Reliability Report.
        \9\ 2023 Pocket Guide to Large Truck and Bus Statistics, FMCSA,
    Dec. 2023, RRA-23-003.
        \10\ CPI Inflation Calculator, BLS, available at https://
    www.bls.gov/data/inflation_calcu
    lator.htm, calculated from Jan. 2021-Jan. 2025.
    ---------------------------------------------------------------------------
    Solutions to Improve Commercial Motor Vehicle Safety are Available and
            Proven
        Automatic emergency braking systems (AEB): According to the
    Insurance Institute for Highway Safety (IIHS), equipping large trucks
    with forward collision warning and AEB could eliminate more than two
    out of five crashes in which a large truck rear-ends another
    vehicle.\11\ In 2015, Advocates, along with the Center for Auto Safety,
    the Truck Safety Coalition (TSC) and Road Safe America, filed a
    petition with the National Highway Traffic Safety Administration
    (NHTSA) seeking the issuance of a rule to require forward collision
    avoidance and mitigation braking systems (F-CAM), now more commonly
    known as AEB, on commercial motor vehicles (CMVs) with a gross vehicle
    weight rating (GVWR) of 10,000 pounds or more.\12\ The agency granted
    Advocates' petition in October 2015 but no subsequent action has been
    taken.\13\ The Infrastructure Investment and Jobs Act (IIJA) requires
    the U.S. Department of Transportation (DOT) to issue a Final Rule by
    November 2023 for AEB in large CMVs and the issuance of a Federal Motor
    Carrier Safety Regulation (FMCSR) to require drivers use AEB.\14\ DOT
    issued a Notice of Proposed Rulemaking (NPRM) in July 2023.\15\
    Advocates submitted comments to the NPRM. When this Rule is completed
    and implemented, it will have a significant impact on safety and result
    in substantial reductions in highway deaths and injuries.\16\
    ---------------------------------------------------------------------------
        \11\ IIHS, Study shows front crash prevention works for large
    trucks too, available at: https://www.iihs.org/news/detail/study-shows-
    front-crash-prevention-works-for-large-trucks-too.
        \12\ Petition for Rulemaking, Feb. 19, 2015, Docket NHTSA-2015-
    0099-0001.
        \13\ Grant of Petition for Rulemaking, NHTSA, 80 FR 62487, Oct. 16,
    2015.
        \14\ Id.
        \15\ 88 FR 43174, July 6, 2023.
        \16\ Id.
    ---------------------------------------------------------------------------
        Speed limiting devices: According to the Federal Motor Carrier
    Safety Administration (FMCSA), 10,440 people were killed from 2004 to
    2013 in crashes where the speed of the CMV likely contributed to the
    severity of the crash.\17\ On average, that is over 1,000 lives lost
    annually to speeding CMVs. In September 2016, NHTSA and FMCSA issued a
    joint NPRM to require vehicles with a GVWR of more than 26,000 pounds
    to be equipped with a speed limiting device.\18\ The NPRM estimated
    that setting the device at 60 MPH has the potential to save almost 500
    lives and prevent nearly 11,000 injuries annually.\19\ Setting the
    speed at 65 MPH could save as many as 214 lives and prevent
    approximately 4,500 injuries each year.\20\ Subsequently, in May 2022,
    FMCSA issued an Advanced Notice of Supplemental Proposed
    Rulemaking.\21\ Last month, DOT announced that it was withdrawing the
    rulemaking despite research demonstrating that the technology is
    currently being used by 77 percent of trucks on the road in the United
    States.\22\ It is incumbent that the DOT restore this rulemaking or
    more lives will be needlessly lost.
    ---------------------------------------------------------------------------
        \17\ Federal Motor Vehicle Safety Standards; Federal motor Carrier
    Safety Regulations; Parts and Accessories Necessary for Safe Operation;
    Speed Limiting Devices, NPRM, NHTSA AND FMCSA, 81 FR 61942, Sep. 7,
    2016. (SL 2016 NPRM).
        \18\ SL 2016 NPRM.
        \19\ SL 2016 NPRM.
        \20\ Id.
        \21\ 86 FR 26317 (May 4, 2022).
        \22\ U.S. DOT, U.S. Transportation Secretary Sean P. Duffy Unveils
    Pro-Trucker Package as Part of President Trump's Executive Order (Jun.
    27, 2025); Preliminary Regulatory Impact Analysis (PRIA) and Initial
    Regulatory Flexibility Analysis, FMVSS No. 140, Speed Limiting Devices,
    p. 28 (NHTSA, Aug. 2016).
    ---------------------------------------------------------------------------
        Truck parking: The lack of safe and convenient truck parking merits
    Federal action. Yet, dedicating more Federal funding to building
    parking facilities alone will likely not solve the issue. Studies have
    demonstrated that the parking shortage is often most acute in areas of
    the country, such as along the Interstate 95 corridor in the Northeast,
    where building facilities for parking may not be realistic due to costs
    and scarcity of open land.\23\ As such, along with providing funding to
    address this issue, Advocates urges policymakers to examine additional
    remedies to address this problem such as use of existing dormant
    facilities.
    ---------------------------------------------------------------------------
        \23\ Federal Highway Administration, Commercial Motor Vehicle
    Parking Shortage (May 2012).
    ---------------------------------------------------------------------------
        Underride guards: This critical safety equipment can prevent a
    passenger vehicle from traveling underneath a trailer during a crash.
    Yet, for decades the Federal safety standards for rear underride guards
    were woefully outdated. In 2022, NHTSA issued a Final Rule revising the
    regulations, but the performance standards for rear guards remain below
    industry standards.\24\ As such, Advocates, Truck Safety Coalition
    (TSC), Citizens for Reliable and Safe Highways (CRASH) and Parents
    Against Tired Truckers (P.A.T.T.) filed a petition for reconsideration
    which was denied by the agency in 2024.\25\
    ---------------------------------------------------------------------------
        \24\ 87 FR 42339 (July 15, 2022)
        \25\ 89 FR 53505 (Jun. 27, 2024).
    ---------------------------------------------------------------------------
        In the spring of 2017, the Insurance Institute for Highway Safety
    (IIHS), for the first time, tested a side underride guard.\26\ The
    guard successfully prevented a vehicle from traveling underneath the
    side of a trailer at 35 miles-per-hour (MPH).\27\ In August of 2017,
    IIHS performed a second test of an underride guard at 40 MPH (the speed
    at which IIHS conducts its frontal crash tests of passenger cars) and
    once again the guard prevented underride of the vehicle.\28\ In April
    2023, NHTSA issued an Advanced Notice Proposed Rulemaking on the
    installation of side underride guards that drastically undercounted
    crashes involving underride as well as failed to properly evaluate the
    benefits from requiring this equipment on trailers and
    semitrailers.\29\ DOT must advance this rulemaking utilizing accurate
    data.
    ---------------------------------------------------------------------------
        \26\ IIHS, Side guard on semitrailer prevents underride in 40 mph
    test (Aug. 29, 2017).
        \27\ Id.
        \28\ Id.
        \29\ 88 FR 24535 (Apr. 21, 2023).
    ---------------------------------------------------------------------------
        Entry-level driver training: In 1991, Congress, concerned with the
    unacceptable level of truck crashes and the quality of training being
    given to commercial driver's license (CDL) applicants, directed the
    FHWA to issue a rule requiring entry-level driver training (ELDT).\30\
    After repeated failed attempts by FMCSA to issue a rule requiring ELDT,
    the agency convened the Entry-Level Driver Training Advisory Committee
    (ELDTAC) to conduct a negotiated rulemaking in 2015.\31\ The ELDTAC
    recommended that all CDL candidates receive a minimum number of hours
    of behind-the-wheel (BTW) training.\32\ The vote was unanimous by the
    members of the Committee representing safety groups, training schools,
    the motorcoach industry and individual drivers.\33\ Consensus was
    reached by the ELDTAC regarding the BTW requirement because this
    provision ensures that candidates' training will include a minimum
    amount of time operating a vehicle. The requirement was included in the
    NPRM but excluded from the Final Rule issued in 2016.\34\ We urge
    Congress to close this glaring loophole in Federal training
    requirements for CDL candidates.
    ---------------------------------------------------------------------------
        \30\ 72 FR 73226 (Dec. 26, 2007).
        \31\ 79 FR 49044 (Aug. 19, 2014).
        \32\ Federal Minimum Standards for CMV Entry-Level Driver Training
    Written Statement, June 5, 2015 (Final Statement).
        \33\ Id.
        \34\ 81 FR 88732 (Dec. 8, 2016).
    ---------------------------------------------------------------------------
    Weakening Essential Safety Regulations is Irreconcilable with Roadway
            Safety
        Federal limits on the weight and size of interstate CMVs: Current
    maximum weights and lengths for CMVs aim to protect truck drivers, the
    traveling public, and our Nation's roads, bridges and other
    infrastructure components. Even with these thresholds, the American
    Society of Civil Engineers (ASCE) reports ``these vital lifelines are
    frequently underfunded, and over 40 percent of the system is now in
    poor or mediocre condition.'' \35\ In their 2025 Report Card, roads
    received a grade of ``D+,'' with 39 percent in poor or mediocre
    condition.\36\ Bridges received a ``C,'' with about a third of the
    Nation's bridge inventory (221,791 spans) in need of repair
    replacement. In addition, approximately 45 percent of bridges have
    exceeded their planned design lives of 50 years.\37\ Moreover, driving
    on deteriorated and congested roads still costs the average driver over
    $1,400 per year in vehicle operating costs and lost time.\38\
    ---------------------------------------------------------------------------
        \35\ https://infrastructurereportcard.org/wp-content/uploads/2025/
    03/Full-Report-2025-Natl-IRC-WEB.pdf.
        \36\ Id.
        \37\ Id.
        \38\ Id.
    ---------------------------------------------------------------------------
        Raising truck weight or size limits could result in an increased
    prevalence and severity of crashes. Longer trucks come with operational
    difficulties such as requiring more time to pass, having larger blind
    zones, crossing into adjacent lanes, swinging into opposing lanes on
    curves and turns, and taking a longer distance to adequately brake. In
    fact, double trailer trucks have an 11 percent higher fatal crash rate
    than single trailer trucks.\39\ Overweight trucks also pose serious
    safety risk. Brake violations are a major reason for out-of-service
    violations.\40\ According to a North Carolina study by IIHS, trucks
    with out-of-service violations are 362 percent more likely to be
    involved in a crash.\41\ This is also troubling considering that
    tractor-trailers moving at 60 miles per hour are required to stop in
    310 feet--the length of a football field--once the brakes are
    applied.\42\ Actual stopping distances are often much longer due to
    driver response time before braking and the common problem that truck
    brakes are often not in adequate working condition. Moreover,
    increasing the weight of a heavy truck by only 10 percent increases
    bridge damage by 33 percent.\43\
    ---------------------------------------------------------------------------
        \39\ An Analysis of Truck Size and Weight: Phase I--Safety,
    Multimodal Transportation & Infrastructure Consortium, November 2013;
    Memorandum from J. Matthews, Rahall Appalachian Transportation
    Institute, Sep. 29, 2014.
        \40\ Roadside Inspections, Vehicle Violations: All Trucks Roadside
    Inspections, Vehicle Violations (2019--Calendar), FMCSA.
        \41\ Teoh E, Carter D, Smith S and McCartt A, Crash risk factors
    for interstate large trucks in North Carolina, Journal of Safety
    Research (2017).
        \42\ Code of Federal Regulations (CFR) Title 49 Part 571 Section
    121: Standard No. 121 Air brake systems (FMVSS 121).
        \43\ Effect of Truck Weight on Bridge network Costs, NCHRP Report
    495, National Cooperative Highway Research Program, 2003.
    ---------------------------------------------------------------------------
        Despite claims to the contrary, bigger trucks will not result in
    fewer trucks. Following every past increase to Federal truck size and
    weight limits, the number of trucks on our roads has gone up. Since
    1982, when Congress last increased the gross vehicle weight limit,
    truck registrations have more than doubled.\44\ The U.S. DOT
    Comprehensive Truck Size and Weight Study also addressed this meritless
    assertion and found that any potential mileage efficiencies from the
    use of heavier trucks would be offset in just one year.\45\
    ---------------------------------------------------------------------------
        \44\ 2017 Annual Report.
        \45\ Comprehensive Truck Size and Weight Limits Study, Federal
    Highway Administration (June 2015).
    ---------------------------------------------------------------------------
        There is overwhelming opposition to any increases to truck size and
    weight limits. The public, local government officials, safety, consumer
    and public health groups, law enforcement, first responders, truck
    drivers and labor representatives, families of truck crash victims and
    survivors, and even Congress on a bipartisan level have all rejected
    attempts to increase truck size and weight limits. Also, the technical
    reports released in June 2015 from the U.S. DOT Comprehensive Truck
    Size and Weight Study concluded there is a ``profound'' lack of data
    from which to quantify the safety impact of larger or heavier trucks
    and consequently recommended that no changes in the relevant truck size
    and weight laws and regulations be considered until data limitations
    are overcome.\46\
    ---------------------------------------------------------------------------
        \46\ Comprehensive Truck Size and Weight Limits Study, Federal
    Highway Administration (June 2015).
    ---------------------------------------------------------------------------
        We urge Congress to oppose any increases to Federal truck size and
    weight limits, including mandating pilot programs, measures specific to
    certain products, and state or industry specific exemptions. These
    endless exemptions undermine a critical Federal safety regulation,
    needlessly jeopardize public safety and present unnecessary obstacles
    for enforcement.
        Minimum age requirements for interstate truck drivers: CMV drivers
    under the age of 19 are four times more likely to be involved in fatal
    crashes, as compared to CMV drivers who are 21 years of age and older,
    and CMV drivers ages 19-20 are six times more likely to be involved in
    fatal crashes (compared to CMV drivers 21 years and older).\47\ Yet,
    some segments of the trucking industry have been pushing to allow
    teenagers to operate CMVs in interstate commerce for more than 20
    years, often relying on their own forecasts for the number of drivers
    needed as a rationale. These projections have consistently failed to
    materialize.\48\ The trucking industry continues to face a driver
    retention crisis, not a driver shortage. Past witnesses representing
    parts of the trucking industry have testified before Congress that
    there is not a driver shortage and perpetuating this falsehood could
    negatively affect the supply chain.\49\
    ---------------------------------------------------------------------------
        \47\ Campbell, K. L., Fatal Accident Involvement Rates By Driver
    Age For Large Trucks, Accid. Anal. & Prev. Vol 23, No. 4, pp. 287-295
    (1991).
        \48\ FMCSA Document ID: 2000-84100-0782. American Trucking
    Associations, Truck Driver Shortage Analysis 2015 (Oct. 2015) and 2019
    available here: https://www.trucking.org/news-insights/ata-releases-
    updated-driver-shortage-report-and-forecast.
        \49\ ``The State of Transportation'' Hearing, U.S. House of
    Representatives Transportation and Infrastructure Committee,
    ---------------------------------------------------------------------------
        The IIJA included a provision requiring the establishment of pilot
    program to permit teen truckers to operate in interstate commerce. This
    program is basically a ``science experiment'' with all road users
    serving unknowingly as ``test subjects.'' If accepted research
    protocols are not followed by FMCSA, it could result in preventable
    deaths and injuries and will also jeopardize the legitimacy of the
    outcomes of the program. Lastly, the agency's recommendations and
    conclusions in the required report to Congress must be supported by
    sufficient evidence and data collected during the program. We urge this
    Committee to continue oversight of this program.
        Truck drivers' hours of service and electronic logging devices
    (ELDs): Self-reports of fatigue, which almost always underestimate the
    problem, find that fatigue in truck operations is a significant issue.
    In a 2006 driver survey prepared for the Federal Motor Carrier Safety
    Administration (FMCSA), ``65 percent [of drivers] reported that they
    often or sometimes felt drowsy while driving'' and almost half (47.6
    percent) of drivers said they had fallen asleep while driving in the
    previous year.\50\ In fact, the National Transportation Safety Board
    (NTSB) has repeatedly cited fatigue as a major contributor to truck
    crashes as determined by its investigations.\51\ Expanding the hours
    operators of trucks can drive through misguided pilot programs or
    undermining the use of ELDs through endless exemptions for carriers
    transporting livestock and insects as a rationale for moving more goods
    puts truck drivers, their loads and everyone on the roads with them at
    risk.\52\
    ---------------------------------------------------------------------------
        \50\ Hours of Service of Drivers, NPRM (2010 NPRM), FMCSA, 75 FR
    82170 (Dec. 29, 2010), citing Dinges, D.F. & Maislin, G.,''Truck Driver
    Fatigue Management Survey,'' FMCSA (May 2006), FMCSA-2004-19608-3968.
        \51\ NTSB, Highway, Multivehicle Work Zone Crash on Interstate 95
    Cranbury, New Jersey June 7, 2014, Accident Report NTSB/HAR-15/02 (Aug.
    11, 2015) and Fatigue, Disregard for Safety Regulations and Oversight
    Failures Lead to Fatal Bus and Truck Collision in Upstate New York,
    Report HIR-24-08, December 19, 2024.
        \52\ U.S. DOT, U.S. Transportation Secretary Sean P. Duffy Unveils
    Pro-Trucker Package as Part of President Trump's Executive Order (Jun.
    27, 2025); FMCSA, ELD Hours of Service (HOS) and Agriculture
    Exemptions; Public Law No: 119-4 (2025).
    ---------------------------------------------------------------------------
    Automated driving system (ADS) technology
        Autonomous driving technology has made advances yet remains unable
    to consistently operate safely with all road users, conditions and
    scenarios, as evidenced by fatal and serious crashes involving
    passenger motor vehicles equipped with ADS of varying levels.\53\
    Transparency and robustness in crash and incident data reporting
    involving vehicles equipped with ADS are critical to the safety of
    public roads, the management of cities in which they are operating, for
    researchers and related industries as well as for Congress and the DOT
    as it considers legislative and regulatory proposals. Further, if those
    incidents had involved autonomous commercial motor vehicles (ACMVs),
    which are larger and heavier with more stopping distance needed, the
    results could have been even more catastrophic, and the death and
    injury toll could have been much worse. Some of the most pressing
    safety shortcomings associated with autonomous vehicle (AV) technology,
    which include the ADS properly detecting and reacting to all other road
    users and cybersecurity, are exponentially amplified by the greater
    crash force of an ACMV. As such, it is imperative that ACMVs be subject
    to comprehensive safety regulations, including having a licensed driver
    behind the wheel for the foreseeable future.
    ---------------------------------------------------------------------------
        \53\ NHTSA, Standing General Order 2021-01 (Aug. 2021). ADS
    Incident Report Data available here: https://static.nhtsa.gov/odi/ffdd/
    sgo-2021-01/SGO-2021-01_Incident_Reports_ADS.csv.
    ---------------------------------------------------------------------------
        The interest in expanding the use of this technology must not be
    used as a pretext to eviscerate essential safety regulations
    administered by the FMCSA, and particularly in the absence of new
    standards to ensure the technology performs safely and as needed. The
    public safety protections provided by the FMCSRs have become no less
    important or applicable simply because a CMV has been equipped with an
    ADS. In fact, additional substantial public safety concerns are
    presented by ACMVs. This includes the deployment of emergency beacons.
    More research needs to be done on the safety impact of cab mounted
    beacons rather than Congress taking action to force FMCSA to allow
    their use.
        Drivers operating an ACMV must have an additional endorsement or
    equivalent certification on their commercial driver license (CDL) to
    ensure they have been properly trained to monitor and understand the
    ODD of the vehicle and, if need be, to operate an ACMV. This training
    must include a minimum number of hours of behind-the-wheel training.
        The remote operation of AVs, including any for ACMVs, presents
    distinct safety concerns including issues involving latency. Remote
    operators are often tasked with exercising some operational control
    over the vehicle, either for normal operations or in response to
    commands of an emergency responder. As such, all remote operators must
    be legally licensed in the U.S. to operate the AV in question. In
    addition, remote operators face unique challenges in the operation of
    an AV compared to a driver located in the vehicle. For instance, a
    human driver behind the wheel may have access to a broader range of
    details regarding the driving environment than someone located in an
    office far from the actual location of the AV, potentially in another
    country. Therefore, individuals in these roles must be given specific
    training for remote operations. These individuals should also have
    significant experience operating both an AV on public roads and remote
    operation of an AV in realistic training scenarios. Lastly, remote
    operators must never be in a situation where they would even
    potentially have to oversee the ``real time'' operation of more than
    one AV and there should be limits on hours of service for these
    positions.
        Advocates and numerous stakeholders developed the ``AV Tenets,''
    policy positions which should be foundational to any AV
    legislation.\54\ The AV Tenets have four main, commonsense categories
    including: 1) prioritizing safety of all road users; 2) guaranteeing
    accessibility and equity; 3) preserving consumer and worker rights;
    and, 4) ensuring local control and sustainable transportation. While
    the AV Tenets were developed for application to vehicles under 10,000
    pounds, many of the principles also apply to larger commercial
    vehicles. At a minimum, ACMVs must meet safety standards for the ADS
    and related systems, including for cybersecurity, and operations must
    be subject to adequate oversight as a starting point for their
    potential deployment.
    ---------------------------------------------------------------------------
        \54\ https://saferoads.org/autonomous-vehicle-tenets/.
    ---------------------------------------------------------------------------
        In December 2024, Advocates released a public opinion poll that
    found 9 of 10 adults surveyed are concerned about themselves or their
    loved ones getting into motor vehicle crashes.\55\ The survey noted
    that 88 percent of respondents affirmed sharing the roads with
    driverless trucks presented concern, with 69 percent acknowledging a
    high level of concern. The high percentage expressing concern was
    regardless of political affiliation or region.
    ---------------------------------------------------------------------------
        \55\ Online CARAVAN SURVEY, The Public is Very Concerned About
    Traffic Safety Even Though They Are Not Aware of the Enormity of the
    Deadly Toll on our Roadways (Dec. 2024). Available at: https://
    saferoads.org/wp-content/uploads/2024/12/Advocates-December-2024-Poll-
    Report-12-4-24.pdf.
    ---------------------------------------------------------------------------
    Conclusion
        The DOT must implement the directives to address the truck crash
    fatality and injury toll, and we urge Congress to prioritize oversight,
    advancing proven safety measures and funding for such in the next
    transportation reauthorization legislation.
        Thank you for your consideration of these issues. We look forward
    to continuing to work with you to improve safety on our Nation's
    roadways.
                Sincerely,
                                               Catherine Chase,
                                                             President.
    cc: Members of the Subcommittee on Surface Transportation, Freight,
    Pipelines, and Safety
                                     ______

      Prepared Statement of Anne C. Reinke, President and CEO, Intermodal
                      Association of North America (IANA)
        On behalf of the Intermodal Association of North America (IANA),
    thank you Subcommittee Chair Young, Ranking Member Peters, and
    Subcommittee Members for convening this hearing to discuss policies and
    regulations impacting the trucking industry, particularly with an eye
    toward the upcoming surface transportation reauthorization.
        As the only transportation trade association that represents the
    combined interests of intermodal freight providers and customers, IANA
    represents more than 1,000 corporate members, including railroads,
    ocean carriers, ports, intermodal truckers and over-the-road highway
    carriers, intermodal marketing and logistic companies, and suppliers to
    the industry. IANA's associate (non-voting) members include shippers
    (defined as the beneficial owners of the freight to be shipped),
    academic institutions, government entities, and non-profit trade
    associations.
        Unlike single transportation modes, global and domestic intermodal
    freight supply chains are comprised of separate entities that work
    together to complete each intermodal movement. Truck movements are an
    essential link in the intermodal supply chain and each container's
    journey requires multiple drivers to complete a combined total of 98
    million intermodal trucking moves annually.
        Recognizing the broad range of issues under the Subcommittee's
    jurisdiction, IANA looks forward to working with you to advance
    policies in the next surface transportation authorization law that
    increase intermodal supply chain efficiency, support the industry's
    essential workforce, and foster economic growth and competitiveness. An
    overview of the Association's most pressing policy principles related
    to trucking can be found below.
    Workforce
        According to the American Trucking Associations (ATA), in 2023, the
    trucking industry faced a shortage of roughly 60,000 drivers. ATA
    further projects that the industry must recruit more than 1 million new
    drivers over the next decade to replace an aging workforce and keep
    pace with growing freight demand. Given these estimates, IANA
    encourages Congress to advance legislation that supports the retention
    of the existing trucking workforce, reduces regulatory burdens, and
    incentivizes new drivers to enter the industry.
        Presently, drivers must be at least 21 years old to operate a
    commercial motor vehicle (CMV) in interstate commerce. This age barrier
    serves as a deterrent for 18-to 21-year-olds who are interested in
    entering the workforce. Frequently, these individuals undergo training
    and apprenticeship in other fields before their age qualifies them to
    operate a CMV in interstate commerce. IANA supports Federal efforts
    that would allow drivers between the ages of 18 and 21 to enter the
    interstate workforce, while maintaining safety objectives.
        The Infrastructure Investment and Jobs Act (IIJA) took a critical
    step in creating a career pathway for the next generation of interstate
    CMV drivers by establishing the Safe Driver Apprenticeship Program
    (SDAP) under the Federal Motor Carrier Safety Administration. The pilot
    program allows qualified younger drivers to operate in interstate
    commerce and ensures participants satisfy comprehensive training and
    safety standards. Unfortunately, the addition of extraneous
    requirements, beyond what is written in law, has hampered participation
    in the program by both motor carriers and drivers. To maximize the
    potential of the SDAP and the future trucking workforce, we encourage
    Congress to build on its important work under the IIJA by steering the
    program back on course and ensure it is implemented according to
    Congressional intent.
        Another top priority for the intermodal industry is to preserve the
    independent contractor model, which allows truck drivers to enjoy
    maximum flexibility by choosing the hours and routes that best align
    with their personal circumstances and preferences. While not directly
    under the Committee's jurisdiction, we hope to count on your support
    for this important issue that stands to impact approximately 400,000
    independent truck drivers and an estimated 80 percent of the intermodal
    drayage trucking workforce. Although employee driver positions are
    readily available, these individuals have made the conscious decision
    to carry out their work as independent owner-operators--investing time
    and financial resources in their small business, which includes
    training, regulatory compliance, licensing, insurance, and the purchase
    of a truck.
        To further the trucking industry's workforce recruitment and
    retention goals, IANA supports Congressional efforts--such as S. 2228,
    the Modern Worker Empowerment Act- that empower these hardworking men
    and women by providing increased certainty and consistency to their
    classification as independent contractors.
    Cargo Theft
        In recent years, instances of organized cargo theft and fraud have
    increased at an alarming rate. According to CargoNet's annual analysis,
    reported cargo theft incidents rose 27 percent between 2023 and 2024
    across the United States and Canada. Demonstrating the rise of
    premeditation, CargoNet estimates that instances of strategic theft--
    which involve the use of fraud and deception in addition to, or in
    place of, physically stealing cargo--have risen by over 1,500 percent
    since the first quarter of 2021. Fraud and deception tactics may
    include identify theft, forged bills of lading, and advanced cyber
    tactics.
        It is important to note that crime statistics represent reported
    theft, as the occurrence is not always reported for a host of reasons,
    including reputational brand management, tedious paperwork, fear of
    increased insurance costs, and low cargo recovery rates. Knowledge that
    cargo theft is vastly underreported leads to a wide span of loss
    estimates, ranging from $455 million annually to several billion
    dollars.
        It is likely that theft, fraud, and cyber-security attacks aimed at
    freight transportation will require a host of solutions, and we applaud
    Congress for its dedication to identifying bipartisan approaches, such
    as S. 1404, the Combating Organized Retail Crime Act and S. 337, the
    Household Goods Shipping Consumer Protection Act. Both of these bills
    would make meaningful changes at the Federal level to identify,
    prosecute, and deter cargo theft. A coordinated, national response is
    needed to address this growing threat by improving enforcement
    capabilities and fostering increased collaboration across relevant
    federal, state, and local agencies.
    Truck Size and Weight
        In 1991, Congress froze truck size and weight limits on Federal
    highways. The intermodal industry wholly adopted this standard and,
    accordingly, built trailers and containers in compliance with Federal
    law. Any changes to these long-standing regulations will upend
    intermodal operations, sending a ripple effect across the entire supply
    chain as intermodal equipment is carefully designed for safe and
    efficient transport by water, rail, and road.
    Intermodal Connectors
        Despite constituting less than one percent of total National
    Highway System (NHS) mileage, NHS-designated intermodal connectors play
    an outsized role in freight network fluidity. These connectors provide
    necessary links to seaports, rail facilities, and airports that allow
    for seamless interaction between transportation modes and are essential
    to the movement of goods between points of origin and destination.
    According to a 2017 study by the Federal Highway Administration, only
    nine percent of intermodal connectors are classified as in good or very
    good condition. Under the next surface transportation reauthorization,
    IANA strongly supports continued eligibility and robust funding made
    available for improvements to intermodal connectors under Federal
    formula and discretionary programs.
        Thank you for your time and your leadership in support of
    intermodal goods movement and its related issues. It is our hope that
    IANA can be a resource as Congress continues developing reauthorization
    legislation. We look forward to working with you and would welcome the
    opportunity to further engage with your offices. If you or your staff
    have any questions, please do not hesitate to contact me at
    areinke@intermodal.org or 301-982-3400.
                                     ______

     Prepared Statement from the Commercial Vehicle Safety Alliance (CVSA)
        The Commercial Vehicle Safety Alliance (CVSA) respectfully submits
    the following comments for the record in response to the Committee on
    Commerce, Science & Transportation's Subcommittee on Surface
    Transportation, Freight, Pipelines and Safety's hearing on ``Shifting
    Gears: Issues Impacting the Trucking and Commercial Bus Industries in
    the U.S.''
        CVSA is a nonprofit organization comprised of local, state,
    provincial, territorial and Federal commercial motor vehicle (CMV)
    safety officials and industry representatives. The Alliance aims to
    prevent CMV crashes, injuries and fatalities and believes that
    collaboration between government and industry improves road safety and
    saves lives. Our mission is to improve CMV safety and enforcement by
    providing guidance, education and advocacy for enforcement and industry
    across North America.
        CVSA commends the Subcommittee for holding a hearing to explore and
    understand issues facing the CMV industry. The hearing offered a timely
    opportunity for Senators to engage with industry stakeholders to better
    understand the unique challenges of the CMV industry, in addition to
    learning about the surface transportation priorities of the industry
    witnesses participating in the hearing.
        CVSA and its members are committed to improving CMV safety in the
    motor carrier industry and have long supported solutions to improve CMV
    safety on our Nation's roadways. Discussion during the July 22 hearing
    covered a variety of issues confronting the industry, such as effective
    use of safety technology, impaired and fatigued driving, and regulatory
    improvements. The Committee's upcoming work on surface transportation
    reauthorization is the perfect opportunity to address some of the
    issues shared by stakeholders. CVSA is committed to improving roadway
    safety and welcomes this opportunity to share several solutions to
    issues affecting the CMV industry.
    Universal Electronic Vehicle Identifier
        As part of its written testimony, the Owner-Operator Independent
    Driver Association (OOIDA) misrepresented one of CVSA's reauthorization
    priorities, the universal electronic vehicle identifier.
        The universal electronic vehicle identifier is an inspection
    selection tool and solution for inspectors to better identify and
    prioritize vehicles with safety concerns for intervention, more
    effectively and efficiently removing unsafe vehicles and drivers from
    the Nation's roadways. Currently, when an inspector is observing CMVs
    available for inspection, that inspector can only view information for
    a single truck at a time when using various screening technologies and
    tools. Additionally, inspectors have to manually review the information
    when they query the screening technology programs. Inspectors have a
    limited window in which to view the information and make the inspection
    selection decision.
        Under current inspection selection procedures, inspectors are not
    receiving a complete picture of the CMVs in their vicinity that are
    available for inspection. Using technology to identify multiple
    vehicles electronically would allow enforcement to increase the number
    of vehicles that are screened for inspection while using data to better
    select vehicles for intervention, creating efficiencies for the
    enforcement community and the motor carrier industry. A universal
    electronic vehicle identifier would provide inspectors with a complete
    picture of the vehicles around them, so they can better identify and
    prioritize vehicles that are operating unsafely. After reviewing a
    complete picture of the vehicles in the vicinity, the inspector
    maintains discretion to select the vehicle that poses the greatest
    imminent hazard to road users.
        OOIDA's label of the universal electronic vehicle identifier as
    ``trackers on truckers,'' misrepresents what CVSA would like to see as
    part of implementation of a universal electronic vehicle identifier.
    There are no credible privacy concerns with implementation of a
    universal electronic vehicle identifier because sensitive information,
    such as driver information and data, would not be transmitted. The only
    data transmitted would be the universal vehicle identifier. The
    universal vehicle identifier, potentially tied to the vehicle
    identification number, would provide enforcement with access to the
    information they currently access by running the vehicle's USDOT number
    or license plate number, creating a more efficient means to retrieve
    data already available to them. CVSA's state and territory members are
    pursuing a requirement that CMVs be equipped with a universal
    electronic vehicle identifier to improve roadway safety--not to track
    trucks or their drivers, a point CVSA has made clear in its outreach on
    this topic and the Alliance is committed to ensuring any legislative
    language or regulatory requirement for a universal electronic vehicle
    identifier reflects the technology's intended purpose. Additionally,
    CVSA disputes OOIDA's claim that the universal electronic vehicle
    identifier would negatively impact safety. The universal electronic
    vehicle identifier will aid inspectors in selecting the vehicles on the
    roadway that are most in need of an inspection or intervention. For
    example, a system that uses the universal electronic vehicle identifier
    could flag vehicles that are operating under a Federal or state out-of-
    service order. These are vehicles that should not be operating yet are
    on the road despite significant safety issues, placing other road users
    at risk. Deployment of a universal electronic vehicle identifier could
    help inspectors better identify these vehicles for removal from the
    roadways.
        There are additional applications for how a universal electronic
    vehicle identifier can aid enforcement beyond the inspection selection
    process. For example, a universal electronic vehicle identifier can
    support enforcement in identifying instances of motor carrier fraud and
    USDOT number theft. In instances where USDOT number theft is suspected,
    enforcement can rely on the electronic vehicle identifier, in addition
    to a motor carrier's registration information, to determine if the
    vehicle being driven is associated with the USDOT number.
        With the size of the CMV industry, it is not possible for the
    roughly 13,000 inspectors across North America to inspect every
    vehicle, driver and motor carrier operating on our roadways on a
    regular basis. Chairman Young shared in his opening statement that
    Congress needs to ensure that law enforcement agencies are well-
    equipped. Implementing a universal electronic vehicle identifier would
    provide the CMV enforcement community with a tool that would
    significantly improve the way CMVs are selected for inspection,
    leveraging limited resources and improving roadway safety.
    Safety Technology and Automated Commercial Motor Vehicles
        During the hearing, various forms of safety technologies were
    discussed. CVSA generally supports policies that encourage the
    deployment of safety technologies proven to improve CMV safety, either
    through preventing or mitigating the severity of crashes. As budgets
    continue to tighten and technology continues to advance, it is
    imperative that those in the safety and enforcement communities take
    full advantage of technological advancements that improve safety and
    demonstrate a net benefit to society. As Congress considers developing
    performance standards and specifications for safety technologies, it is
    imperative to work with industry and the enforcement community to
    ensure that the devices are effective and that any regulations put into
    place are enforceable.
        A focus of the hearing was automated, or self-driving, CMVs. For
    several years, CVSA's membership has been working to prepare for the
    presence of automated CMVs on our roadways. CMVs equipped with
    automated driving systems (ADS) have the potential to significantly
    improve roadway safety. As ADS technology continues to advance and be
    tested on public roadways, it is imperative that Federal agencies,
    lawmakers, law enforcement and motor carriers keep pace with the ADS
    industry. While ADS-equipped CMVs have the potential to improve roadway
    safety, that potential is based on the vehicles and technology being
    well maintained and fully functional. Oversight by the enforcement
    community is necessary to ensure ADS-equipped CMVs are properly
    maintained. Unfortunately, there are challenges with applying the
    traditional roadside inspection program to ADS-equipped vehicles,
    because the current roadside inspection program is not compatible with
    ADS-equipped CMVs. The current inspection process relies heavily on the
    driver to complete an inspection, for example. In addition,
    incorporating all possible roadside inspection locations into an ADS-
    equipped CMV's operational design domain is not practical. To address
    these challenges, CVSA coordinated several years of research and
    discussion with state and local CMV enforcement officials, motor
    carriers and ADS developers to design an alternative approach to
    ensuring ADS-equipped CMVs receive the necessary oversight to ensure
    compliance with Federal safety regulations.
        CVSA recommends implementing the Enhanced Commercial Motor Vehicle
    Inspection Program, an inspection standard and procedure designed to
    govern the inspection of ADS-equipped CMVs operating without a driver/
    operator on duty. The program establishes a no-defect, dispatch (point-
    of-origin) inspection program and includes an enhanced inspection
    standard and procedure for motor carriers operating ADS-equipped
    vehicles, as well as a 40-hour CVSA training course and exam (written
    and practical) for motor carrier personnel who will be conducting the
    inspections. Under this program, rather than the driver conducting a
    pre-trip inspection (as is currently done), for ADS-equipped CMVs,
    CVSA-trained and -certified motor carrier personnel would conduct the
    Enhanced CMV Inspection Procedure at the point of origin before
    dispatch.
    Surface Transportation Reauthorization as a Solution to Issues Facing
            the CMV Industry
        Although the hearing focused on challenges within the CMV industry,
    the upcoming surface transportation reauthorization presents a critical
    opportunity to address these issues. To further the discussion, CVSA
    has identified key priorities that should be considered in the
    reauthorization process.
    Improvements to the Enforcement Training and Support Grant Program
        One issue that can be addressed in the upcoming surface
    transportation reauthorization legislation is ensuring that there is a
    well-trained inspector population available to enforce the Federal
    Motor Carrier Safety Regulations (FMCSR). In the Infrastructure
    Investment and Jobs Act, Congress created the Enforcement Training and
    Support Grant which created a new approach to how certification
    training to state and local CMV inspectors is developed and delivered.
    In order to improve the training of inspectors, CVSA recommends a
    series of improvements to the structure and administration of the
    Enforcement Training and Support Grant to be included as part of the
    surface transportation reauthorization legislation.
        Currently, qualified state inspectors are used to deliver the CMV
    inspector certification training included under the Enforcement
    Training and Support Grant. Inspectors who want to become instructors
    are required to become qualified as an instructor in each type of
    curriculum they wish to instruct. However, due to a misinterpretation
    of Congressional intent, activities under the current Enforcement
    Training and Support Grant are limited to the development and delivery
    of certification training to state and local enforcement personnel
    seeking to become certified as a CMV inspector, excluding the training
    of the instructors for the courses. These instructors, who are also
    state personnel and inspectors, are a critical part of the training
    process and their training should be part of the same program. In
    addition to the overall improvement to the quality of training
    instructors are receiving and the administrative benefits of
    consolidating all state and local roadside inspector and instructor
    training into one program, this clarification would match the
    intentions of the creation of the program in the Infrastructure
    Investment and Jobs Act. To resolve this, CVSA seeks language
    clarifying that the state instructors delivering the certification
    training to state personnel under Enforcement Training and Support
    Grant should be trained and managed under the grant as well.
        Another recommendation to improve the Enforcement Training and
    Support Grant is to implement a multi-year grant cycle. The Enforcement
    Training and Support Grant currently operates on an annual award cycle,
    which contains multiple downsides for the delivery of this important
    training. First, a single year of funding impacts the grant recipient's
    ability to implement a comprehensive training program reliably and
    consistently. Additionally, the administrative burden of annually
    applying for a single year of funding is cumbersome on grantees, as
    well as the agency. Further, a multi-year grant cycle would provide the
    state and local inspectors receiving the critical certification
    training with much needed stability and continuity. In addition, a
    multi-year grant cycle would ensure consistency with the delivery of
    the enforcement training program, as well as give the grant recipient
    the opportunity to deliver on longer terms goals and objectives.
    Finally, transitioning to a multi-year grant cycle would reduce the
    administrative burden of soliciting and awarding the grant program for
    the Federal Motor Carrier Safety Administration (FMCSA). CVSA supports
    a multi-year grant cycle for the Enforcement Training and Support
    Grant.
        A final improvement for the Enforcement Training and Support Grant
    is to ensure that the activities under the Enforcement Training and
    Support Grant are delivered by the organization comprised of state
    government agencies responsible for the oversight and implementation of
    CMV enforcement activities.
        In order to ensure the quality of the training, the state agencies
    responsible for motor carrier enforcement programs strongly support
    limiting the CMV Enforcement Training and Support Grant program to one
    recipient and support that the program be delivered only by the
    organization comprised of state government agencies responsible for the
    oversight and implementation of CMV enforcement activities. CVSA is the
    organization responsible for developing and maintaining the North
    American Standard Inspection Program (NASI). CVSA's certification
    standards are identified by the FMCSRs in 49 Code of Federal
    Regulations (CFR) Sec. 350.105 as the certification standard to which
    CMV inspectors must adhere. As the entity responsible for the
    certification standard, CVSA is best qualified to deliver the
    certification training for NASI inspectors, as well as instructors. The
    state agencies responsible for CMV safety inspections comprise CVSA's
    membership and will ensure the quality of the training program.
    Identifying CVSA as the entity responsible for this training would
    provide the jurisdictions with long term stability within this critical
    training program.
    Personal Conveyance
        Another challenge for the CMV industry is fatigued driving. The
    International Brotherhood of Teamsters acknowledged this in its written
    testimony, when they cited fatigue as ``endemic to the industry.''
    Driver fatigue is a significant contributor to CMV crashes and poses a
    substantial risk to road safety. A National Transportation Safety Board
    study found that 31 percent of heavy truck crashes with fatalities to
    the driver involved fatigue.\1\ Additionally, fatigued drivers perform
    more inappropriate lane deviations and have slower steering responses,
    experience reductions in responses to speed changes of a lead vehicle,
    have increased speed variations, exhibit slower reaction times,
    experience impaired visual scanning or ``tunnel vision,'' and are at
    risk of falling asleep at the wheel. All of these factors increase the
    likelihood of crashes and near-crashes resulting from driver error.\2\
    In the motor carrier industry, the Federal hours-of-service
    requirements exist to help prevent and manage driver fatigue. While
    sleep cannot be regulated, the hours-of-service rules set forth a
    framework that, if followed, allow drivers to get the rest necessary to
    operate their vehicles safely. It is important that the hours-of-
    service requirements continue to focus on fatigue management and
    safety, factoring in the best available fatigue data.
    ---------------------------------------------------------------------------
        \1\ Factors that Affect Fatigue in Heavy Truck Accidents Volume 2:
    Case Summaries. National Transportation Safety Board. NTSB Report
    Number SS-95-02. https://www.ntsb.gov/safety/safety-studies/Documents/
    SS9502.pdf.
        \2\ Guidelines and Materials to Enable Motor Carriers to Implement
    a Fatigue Management Program. North American Fatigue Management
    Program. https://nafmp.org/wp-content/uploads/2021/04/
    implementation_manual_en.pdf
    ---------------------------------------------------------------------------
        Opportunities for driver fatigue can be reduced by clarifying the
    definition of personal conveyance within the FMCSRs by adding a maximum
    time for its use. Under personal conveyance, a driver is able to use a
    loaded or unloaded CMV for personal use and count that driving time as
    off-duty time. With the current definition of personal conveyance, a
    driver can drive hundreds of miles over the course of several hours
    under the designation of personal conveyance before, during, or after
    their workday, putting them at risk for increased levels of fatigue.
        Roadside inspectors see countless examples of this occurring, with
    drivers claiming they are operating their vehicle for personal use,
    when in reality they are extending their driving time. Some common
    examples of personal conveyance abuse include using personal conveyance
    for up to 10 hours between dropping off loads and going to the next
    pick up; driving over two hours claiming they are looking for a place
    to park when there are open spaces along the two-hour drive; using
    personal conveyance to make up for time lost at loading docks; and
    switching to personal conveyance time just before violating the 11-or
    14-hour rules. Allowing significant extension of driving time with the
    use of personal conveyance undermines the goals of the hours-of-service
    regulations, which exist to mitigate the impacts of fatigue on highway
    safety.
        In recent years, CVSA inspectors have observed a rise in personal
    conveyance abuse and misuse. For example, as part of a data collection
    conducted by CVSA in 2023, CVSA found that when personal conveyance was
    being used by a driver, it was being used improperly nearly 40 percent
    of the time. Additionally, CVSA has seen an increase in false log
    violations, which is where personal conveyance violations are
    documented. False log violations have jumped from the seventh most
    frequently cited driver violation in 2019 to the third most cited in
    2021, 2022 and 2023. In 2024, false log violations were the twelfth
    most frequently cited driver violation. When looking at ``false logs--
    personal conveyance'' violations, the number of violations rose from
    the 60th most frequently cited driver violation in 2021 (when the
    specific violation code was created) to the 27th most frequently cited
    in 2024.
        Analysis of the 2023 data collection revealed that motor carriers
    whose drivers use personal conveyance improperly have a crash rate that
    is four times higher than motor carriers whose drivers use personal
    conveyance properly.
        Additionally, the driver out-of-service (OOS) rate is over two
    times higher for motor carriers with drivers improperly using personal
    conveyance.
        Using personal conveyance to extend driving time increases the
    possibility of fatigued driving and can endanger other road users.
    Placing a limit on the time that a driver can use personal conveyance
    is a strategy for mitigating fatigued driving that should be
    implemented.
    Motor Carrier Safety Program Improvements
        Congress provides funding to the states, through FMCSA's Motor
    Carrier Safety Assistance Program (MCSAP) and High Priority Grant.
    States and local agencies use these funds to conduct enforcement
    activities, train enforcement personnel, purchase necessary equipment,
    update software and other technology, and conduct outreach and
    education campaigns to raise awareness related to CMV safety issues.
    The goal of these programs is to reduce CMV-involved crashes,
    fatalities and injuries through consistent, uniform and effective CMV
    safety programs. The programs seek to identify safety defects, driver
    deficiencies and unsafe motor carrier practices and remove them from
    the Nation's roadways. To address issues and ensure that, as Chairman
    Young mentioned in his opening statement, law enforcement agencies are
    well-equipped to fulfill the goals of MCSAP, CVSA recommends multiple
    improvements.
        To improve MCSAP, CVSA supports giving FMCSA the authority to allow
    states to make adjustments to their maintenance of effort (MOE) and
    enforcement activity minimums, when appropriate. As a condition of
    MCSAP, states are required to meet minimum financial requirements,
    known as MOE, by investing state funds in their CMV safety enforcement
    programs. States must also meet certain CMV inspection and enforcement
    minimums in order to have traffic safety activities reimbursed under
    MCSAP. However, the MOE and minimum activities benchmarks are outdated
    and often no longer relevant to the jurisdiction's program due to
    changes in program structure, responsibilities and priorities.
        The motor carrier industry has evolved significantly since the MOE
    and inspection benchmarks were last updated. State CMV safety programs
    have evolved alongside industry to address the most prevalent safety
    issues, making the 20-year-old MOE and inspection benchmarks outdated
    for many programs. Giving states the option to request an adjustment to
    their MOE and inspection benchmarks ensures that their minimum state
    contributions meet the needs of their program and the current motor
    carrier safety trends. FMCSA should be given the authority to consider
    permanent changes to a jurisdiction's MOE upon request, providing the
    states with additional flexibility to manage their programs.
        Another recommendation to improve MCSAP would provide greater
    spending flexibility for jurisdictions. Activities that are primarily
    eligible for MCSAP funding are the national program elements, which
    include driver and vehicle inspections; traffic enforcement; compliance
    reviews, carrier interventions, investigations and new entrant safety
    audits; public education and awareness; and data collection and
    quality. There are some activities and expenses not currently covered
    under MCSAP, which limits how jurisdictions are able to spend MCSAP
    funds, placing unnecessary constraints on state programs and limiting
    efficacy. Creating additional spending flexibility by expanding MCSAP
    eligibility would allow jurisdictions to spend MCSAP funds in ways that
    meet their individual needs, maximizing the benefits of MCSAP funds.
    Based on feedback from the states, CVSA recommends expanding MCSAP to
    include physical infrastructure, including MCSAP-related facilities
    construction, purchases and maintenance; MCSAP-related activities
    performed by non-MCSAP personnel, such as oversize/overweight
    enforcement; intrastate carrier compliance reviews; tools, promotional
    items and educational items for distribution to industry; and overtime
    for non-CMV traffic enforcement.
        A final recommendation would create a dedicated funding program for
    local jurisdictions. Currently, there is not a dedicated funding
    mechanism to provide funding for local enforcement agencies
    participating in the MCSAP program. As a result, local jurisdictions
    must compete with state agencies for limited grant funds. Dedicated
    funding for local jurisdictions should be competitive in nature and
    restricted to local jurisdictions with an active memorandum of
    understanding with the lead MCSAP agency in their state. This dedicated
    funding will help ensure that local jurisdictions who wish to
    participate in the MCSAP program have the resources to fully
    participate.
    Minimum Qualifications for Entry as a Motor Carrier
        As was noted in the hearing, it is currently far too easy to obtain
    a USDOT number and enter the industry as a motor carrier.
        Safety on the roadways is paramount, particularly within the motor
    carrier industry. It is critical that those operating in commerce
    understand what is required of motor carriers, how to comply with the
    Federal regulations and how to establish a strong safety culture within
    their operations. Currently, however, very little is required of an
    entity to obtain registration and begin operations as a commercial
    motor carrier. In comparison, CMV inspectors and enforcement personnel
    must be trained and certified to conduct inspections, and CMV drivers
    must go through a rigorous Entry Level Driver Training and/or
    qualification process and be properly credentialed in order to drive a
    CMV. No such standards or qualifications exist, however, to become a
    motor carrier. Motor carriers applying for a USDOT number do not have
    to demonstrate qualifications in the same way as CMV inspectors and
    drivers. As a solution, CVSA supports requiring that FMCSA establish a
    set of minimum motor carrier qualification standards. Creating a
    standard for entry for motor carriers reinforces an industry-wide
    safety priority and would ensure those entering the industry are
    equipped to do so safely. CVSA is preparing specific recommendations on
    what should be included as part of these motor carrier qualifications
    and will bring these specific recommendations to Congress as part of
    its work on surface transportation reauthorization legislation.
    Improvements to the New Entrant Safety Audit Program
        The purpose of the New Entrant Safety Audit in 49 CFR Sec. 385.309
    is to provide educational and technical assistance to the new motor
    carriers and gather safety data needed to assess the new entrant's
    safety performance and the adequacy of its basic safety management
    controls. The existing New Entrant Safety Audit Program is not
    adequately fulfilling its purpose and instead provides minimal
    education to motor carriers.
        The New Entrant Safety Audit Program should return to the intended
    focus on motor carrier education before operation. This would increase
    efficiency, reaching more carriers to proactively improve new entrant
    safety and create more uniformity for all new entrants regardless of
    assignment type. CVSA is preparing specific recommendations on what
    improvements should be made to the New Entrant Safety Audit Program and
    will bring these specific recommendations to Congress as part of its
    work on surface transportation reauthorization legislation.
    Expanding CDLPI Eligibility to Puerto Rico and the U.S. Virgin Islands
        Multiple hearing participants spoke about the importance of having
    well-trained, credentialed drivers as part of the workforce. For
    example, the American Trucking Associations (ATA) touched on how having
    qualified drivers is vital for improving safety in their written
    testimony. CVSA understands the importance of having well-trained and
    qualified drivers on the roadways.
        One way to address driver credentialing and guarantee a qualified
    CMV driving population is to expand the Commercial Driver's License
    Program Implementation (CDLPI) grant eligibility to include Puerto Rico
    and the U.S. Virgin Islands. Currently, the commercial driver's license
    (CDL) programs in both Puerto Rico and the U.S. Virgin Islands are not
    recognized by FMCSA as equivalent to the standards in 49 CFR Part 383.
    Making the territories eligible under the CDLPI grant program would
    enable them to improve their existing CDL programs and bring them in
    line with Part 383, ensuring those drivers are properly trained and
    credentialed, increasing safety on the roadways.
        Additionally, this will bring uniformity to the enforcement of the
    safety regulations surrounding CDLs, particularly when it comes to CMV
    drivers from either territory operating a CMV in one of the 50 states
    in the U.S. Currently, because their licenses are not recognized as
    equivalent, CDL drivers from Puerto Rico and the U.S. Virgin Islands
    may end up with two driver's licenses--one from their home territory
    and one from a state. FMCSA and the states strive for a ``one driver,
    one license'' approach for all CDL drivers. Including Puerto Rico and
    the U.S. Virgin Islands in the CDLPI program would enable the
    territories to improve their CDL programs to bring them in line with 49
    CFR Part 383, which would allow FMCSA to recognize those licenses and
    equivalent to other U.S. issued licenses, allowing for a single and
    proper credential for all CDL holders from those territories.
    ELD Certification
        CVSA also supports requiring that FMCSA create a process for
    certifying electronic logging devices (ELDs). Currently, manufacturers
    self-certify that their devices meet the ELD specifications set by
    FMCSA. FMCSA has the ability to remove a device from the list of self-
    certified ELDs if, after self-certification, the device is found to be
    non-compliant by the agency. This lack of Federal oversight before a
    device is deemed compliant results in carriers purchasing ELDs that are
    later deemed non-compliant and then having to replace those devices.
    The volatility of removing ELDs from the list of registered devices
    places additional burdens on motor carriers who may not have realized
    their selected ELD was non-compliant.
        Additionally, relying on compliant ELDs is key to effective
    enforcement of the hours-of-service regulations, which exist to help
    prevent and manage driver fatigue. ELDs make it easier for inspectors
    to identify violations and take unsafe, non-compliant carriers and
    drivers off the roadways, all while saving time for both enforcement
    and industry.
        Establishing a certification process administered by FMCSA would
    address the issues with self-certification while providing motor
    carriers with a more reliable list of eligible devices.
    Applicability of Drug and Alcohol Testing Requirements
        Impaired driving continues to be an issue that negatively impacts
    safety on our roadways, and CVSA maintains that continued enforcement
    of impaired driving standards for both drugs and alcohol use is a key
    component of CMV safety programs. In its written testimony, ATA
    identified improvements to drug testing as a solution to address a rise
    in impaired driving. Additionally, Senator Lujan used part of his time
    to ask the panelists about impairment and drug and alcohol testing,
    highlighting the need to address this safety issue. Impaired driving
    remains a threat to roadway safety, and resources devoted to rigorous
    enforcement of impaired driving standards are needed.
        Currently, compliance with the drug and alcohol testing and
    reporting requirements in 49 CFR Part 382 apply only to CDL drivers,
    excluding drivers operating the 11 million non-CDL CMVs on the Nation's
    roadways. Non-CDL CMVs weigh between 10,001 and 26,000 pounds, and
    examples include large box trucks, large truck-trailer combinations and
    passenger carrying vehicles that seat 9-15 passengers.
        When a CDL-driver has a positive drug or alcohol test result, the
    result is placed in the Drug and Alcohol Clearinghouse where motor
    carriers can view if a driver is in a prohibited status and therefore
    unable to operate a CMV in interstate commerce. In order to have their
    prohibition rescinded, the disqualified driver must complete a return-
    to-duty process.
        However, data from FMCSA shows that of 296,021 drivers with at
    least one drug and alcohol program violation, there are 186,337
    prohibited drivers in the Drug and Alcohol Clearinghouse, and only
    109,684 drivers have completed the return-to-duty process and are no
    longer in a prohibited status.\3\ In addition, we are seeing instances
    where motor carriers hiring for a non-CDL CMV driver position
    unknowingly hire a driver in a prohibited status, placing these unsafe
    drivers back on the roadway. Those motor carriers are then penalized
    for unknowingly hiring a driver in a prohibited status when those
    drivers are stopped for inspection. However, because the requirements
    in 49 CFR Part 382 do not apply to non-CDL drivers, those motor
    carriers are not required to check their status in the Drug and Alcohol
    Clearinghouse.
    ---------------------------------------------------------------------------
        \3\ April 2025 Monthly Summary Report. Drug and Alcohol
    Clearinghouse. FMCSA. April 2025. https://clearinghouse.fmcsa.dot.gov/
    content/resources/Clearinghouse_MonthlyReport_April2025
    .pdf, p. 9
    ---------------------------------------------------------------------------
        Recent data from FMCSA shows an increase in crashes and fatalities
    in the non-CDL CMV sector. For example, from 2021 to 2022, the number
    of CMVs involved in a fatal crash with a weight rating between 10,001
    and 14,000 pounds increased 4 percent.\4\ Additionally, FMCSA has
    observed increases every year since 2016 of fatal crashes involving
    large trucks with a weight rating between 10,001 and 14,000 pounds.\5\
    ---------------------------------------------------------------------------
        \4\ Commercial Motor Vehicle Crash Data Overview. FMCSA. December
    2024. https://www
    .fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2024-12/
    Commercial%20Motor%20Vehicle%2Crash%20
    Data%20Overview%20508.pdf, p. 15
        \5\ Commercial Motor Vehicle Crash Data Overview. FMCSA. December
    2024. https://www
    .fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2024-12/
    Commercial%20Motor%20Vehicle%20Crash%
    20Data%20Overview%20508.pdf, p. 17
    ---------------------------------------------------------------------------
        Drivers that fail to comply with the drug and alcohol requirements
    pose a significant risk to all motorists. If being in a prohibited
    status within the Drug and Alcohol Clearinghouse disqualifies a driver
    from operating any CMV, then all CMV drivers should be subject to the
    drug and alcohol testing and reporting requirements found in the safety
    regulations. CVSA supports expanding the applicability of the drug and
    alcohol testing and reporting requirements in 49 CFR Part 382 to
    include non-CDL CMV drivers.
    Hazardous Materials Safety Grant Improvements
        The Pipeline and Hazardous Materials Safety Administration (PHMSA)
    administers multiple grant programs that provide funding for recipients
    to train and conduct outreach to first responders, communities and
    hazardous materials industry safety professionals. Specifically, the
    Hazardous Materials Instructor Training (HMIT), Assistance for Local
    Emergency Response Training (ALERT) and Community Safety grants are
    separate grant programs that target different stakeholder groups,
    despite sharing a common mission of training stakeholders on hazardous
    materials safety. These existing hazardous materials safety training
    grants should be consolidated into a single training grant. Combining
    these related grant programs into one training grant improves
    efficiency of the grant process, allowing PHMSA to better fund quality
    grant applications and provides grantees with flexibility to meet the
    most pressing training needs, while reducing the administrative burden
    for both PHMSA and the grantees.
        In addition, due to the shared goals of the grants, many grant
    recipients receive funding from multiple grants to fund various
    training programs. For example, five non-profit organizations received
    funding from multiple grants as part of the fiscal 2024 awards across
    the various programs. Currently, if a recipient receives funding from
    two different grant programs, they have to submit separate funding
    proposals, track expenses for each grant separately and submit separate
    reports to the agency. This also doubles the amount of administrative
    work for the agency, as they have to oversee these steps of the grant
    process. By consolidating the grant programs, grant recipients can
    redirect the resources dedicated to the administrative tasks of
    multiple grants to the mission of hazardous materials safety and PHMSA
    can more efficiently manage and administer their grant programs.
    Consolidation also allows more flexibility for grant recipients. By
    combining the funding into one grant, funding can be dedicated to
    projects that comprehensively address current needs. Under the current
    structure, grant applicants must create projects that fit the narrow
    requirements of each grant and funding levels are tied to the specific
    grant criteria.
    Conclusion
        As Congress begins its work on surface transportation
    reauthorization, it is important to use this as an opportunity to
    address and prioritize challenges confronting the CMV industry.
    Congress can ensure that enforcement has the tools necessary to enforce
    safety regulations and improve roadway safety by implementing a
    universal electronic vehicle identifier, making improvements to the
    Enforcement Training and Support Grant, and creating flexibility in the
    Motor Carrier Safety Assistance Program. CVSA encourages the committee
    to consider its additional recommendations on personal conveyance,
    motor carrier qualification standards, the New Entrant Safety Audit
    Program, expanding CDLPI eligibility, ELD certification, the
    applicability of drug and alcohol testing requirements and hazardous
    materials safety grants. Each of the Alliance's recommendations aligns
    with the Subcommittee's task of examining issues to improve the safety
    of the CMV industry and the Nation's roadways.
                                     ______

         Response to Written Questions Submitted by Hon. Todd Young to
                                  Chris Spear
    Autonomous Vehicles
        Question. During the hearing you voiced support for the further
    adoption of autonomous vehicles and noted the safety benefits of
    automation, along with the increases in efficiency and productivity the
    technology can bring.
        Mr. Spear, can you provide further information on the benefits of
    the driverless operation of commercial motor vehicles with Level 4 and
    Level 5 automated driving systems? We have already seen driver-out
    testing and deployment of Level 4 vehicles on some roads in Texas, when
    can we expect wider driver-out deployment of driverless Level 4
    vehicles and what can this Committee due to support the AV trucking
    industry going forward?
        Answer. First, it is important to clarify the types of automation
    when discussing AV policy. SAE defines levels of automation based on
    the degree to which it can control the vehicle. SAE levels 1-3 provide
    limited degrees of control and require a human driver. SAE levels 4-5
    are driverless and do not require a human to be engaged with the
    driving task while automation is engaged. ATA sees potential benefits
    to both driver assistance automation (SAE levels 1-3) and driverless
    automation (SAE levels 4-5) in terms of safety and efficiency. However,
    there are some unique challenges for developing, testing, and deploying
    level 4 automation in commercial vehicles. It is important that we are
    able to continue to develop and test level 4 automation in order to
    learn where it may be able to improve commercial vehicle operations and
    under what conditions.
        The testing and very limited deployments of Level 4 driverless
    commercial vehicles in Texas and other Southwest U.S. corridors is
    promising. But these are not enough to fully understand the safety of
    driverless commercial vehicles, their operational requirements, or how
    the technology can ultimately be integrated into our supply chain
    effectively. We need a Federal framework for AV testing and deployment
    to facilitate these efforts, particularly for commercial vehicles. A
    Federal framework allows for transparency and consistency in how AV are
    tested and deployed regardless of the types of vehicles, types of
    operations, or geographic locations. This lets all road users, our
    fleet members included, understand where the technology shows potential
    and decide if and how it could be beneficial in commercial vehicle
    transportation. A Federal framework also helps ensure consistency
    between states in how AV are tested and deployed, which is critical for
    facilitating long haul automated commercial vehicle deployments. We
    recommend that the committee direct the Department of Transportation to
    create and manage such a framework, and to ensure that the DOT has the
    resources necessary to collect, organize, and disseminate data on AV
    deployments.
    Outdated Regulations
        Question. Outdated and overly burdensome regulations continue to
    hinder progress in both safety and innovation--particularly in the
    surface transportation sector. The upcoming surface transportation
    reauthorization presents a key opportunity to revisit and modernize
    these regulations under the FMCSA purview.
        Mr. Spear, can you highlight any technologies your members are
    using that can increase safety? And are there specific regulations that
    you or your members have encountered that could be updated or reformed
    to better support safety advancements and innovation in this industry?
        Answer. ATA members actively leverage a range of safety-enhancing
    technologies and innovations--from automatic emergency braking (AEB)
    and collision mitigation systems. ATA is a strong supporter of AEB
    technologies for their life-saving abilities, and Congress has directed
    USDOT to mandate AEB on heavy duty commercial vehicles. We look forward
    to working with USDOT to finalize a mandate that is aligned with
    Congressional direction and supports a higher standard of safety on our
    Nation's roadways. We also support the industry-wide adoption of
    electronic logging devices (ELDs), which have cut Hours of Service
    violations by more than 50 percent--representing significantly fewer
    instances of fatigued driving on U.S. roads. Yet in many cases,
    outdated regulations hinder full deployment of safety technologies and
    innovations--some of these with common sense solutions. For example,
    drivers are still required to carry printed ELD manuals and backup
    paper logs, despite the widespread availability of digital
    alternatives.
        Similarly, current rules mandate that drivers exit their vehicles,
    sometimes in risky roadway conditions, to manually place reflective
    warning triangles when stopped roadside--a decades-old requirement that
    increases risk to the driver and fails to recognize modern, vehicle-
    integrated lighting technologies that can perform the same function
    more safely and effectively. This warning triangle regulation has also
    stymied the full deployment of autonomous commercial trucking--a
    promising piece of the puzzle when thinking about how to make our
    Nation's roadways safer.
        In addition to these technology-related reforms, ATA has
    recommended non-technology-based updates, including commonsense
    improvements to the Commercial Driver's License (CDL) process. These
    include allowing third-party knowledge testing, permitting states to
    test out-of-state applicants, and enabling Commercial Learner's Permit
    holders who have passed their skills test to operate under supervision
    while awaiting credentialing. These changes would help alleviate
    workforce bottlenecks without compromising safety. We also recommended
    that FMCSA eliminate outdated requirements like the rear underride
    guard certification label, which serves no safety purpose once a
    trailer is in service.
        We're grateful to Secretary Duffy, FMCSA, and the broader
    Administration for moving swiftly on several of ATA's recommendations,
    including the proposal to remove the outdated requirement for hard-copy
    ELD materials and rear underride labels. We're encouraged by this
    momentum and look forward to continuing our work together to modernize
    the regulatory landscape in a way that enhances safety, supports
    innovation, and improves industry efficiency.
    Freight Fraud and Abuse
        Question. In my opening statement I mentioned the prevalence of
    freight fraud and cargo theft. To summarize, Congress needs to act to
    prevent this pervasive practice from continuing.
        Mr. Spear, how significant is this problem for your members and how
    can Congress partner with industry to combat this issue?
        Answer. This is a significant problem, and I am grateful to you for
    shining a light on this issue by holding a subcommittee hearing in
    February to consider its impact. Freight fraud and cargo theft impacts
    motor carriers of all sizes and specializations and is a threat to
    America's national security and economic resilience. We are grateful
    for your ongoing leadership on this issue.
        Freight-related fraud and cargo theft have become increasingly
    sophisticated and costly, posing serious risks to supply chain
    integrity and motor carrier operations. As ATA members report growing
    incidents of double brokering scams, identity theft, and fictitious
    pickups--often orchestrated by bad actors exploiting gaps in the
    current registration system administered by FMCSA--ATA continues to
    elevate our focus on this issue. Cargo theft is no longer a problem to
    be handled on a one-off basis. Rather, cargo theft is now a criminal
    enterprise that has resulted in billions of dollars in lost goods.
    Since the first quarter of 2021, strategic theft has risen 1,500
    percent. From electronics to clothing to food, nearly every industry
    has been hit and consumers experience the consequences at the cash
    register. Cargo theft costs the American economy up to $35 billion per
    year with an average value per theft of more than $200,000.
        These thieves show no signs of slowing down with cargo theft
    incidents reported during the first quarter of this year, a 36 percent
    increase compared with Q1 2024. This figure is likely much higher given
    the nature of cargo theft and fraud reporting in the industry and
    limited data collection on the law enforcement side.
        One of the most alarming aspects is the way in which these criminal
    operations have become more sophisticated. Thieves are using advanced
    technology to track shipments, identify routes, and even disrupt
    communication systems to exploit weaknesses in the supply chain.
    Whether it is tricking motor carriers or drivers into delivering
    freight to thieves or striking poorly secured distribution centers,
    these criminals are taking advantage of any opening they can find. Not
    only can registration and other forms of cyber-related freight fraud
    lead to cargo theft, but it also results in significant loss of
    industry and employee efficiency when numerous hours are lost to
    undoing operational, reputational, and other business damage.
        This issue is particularly urgent for small and mid-size carriers
    who lack the resources to absorb these losses, navigate a fragmented
    fraud-reporting system, or put the extensive security protocols in
    place to prevent becoming a victim in the first place. Congress can
    play a critical role by partnering with industry to modernize broker
    registration and oversight requirements, ensure FMCSA dedicates
    appropriate resources to enforcement and fraud prevention, and support
    interagency coordination with law enforcement. FMCSA is already in the
    process of modernizing its registration and other cyber systems to weed
    out and prevent fraud in the trucking industry while creating a more
    seamless user experience for motor carriers. ATA applauds and supports
    the agency's efforts. We also encourage Congress to consider
    establishing clearer authority for FMCSA to act against fraudulent
    brokers and to increase transparency in the freight marketplace--
    without undermining the commercial flexibility that allows legitimate
    brokers and carriers to operate efficiently.
        ATA has been grateful for bipartisan support of legislation such as
    the Combating Organized Retail Crime Act, which is currently pending
    before the Senate Judiciary Committee. We stand ready to work with this
    committee on legislative solutions to strengthen DOT and FMCSA programs
    to address fraud and theft, while preserving the functionality of a
    competitive freight market.
                                     ______

       Response to Written Questions Submitted by Hon. Maria Cantwell to
                                  Chris Spear
    Potential Tariff on Commercial Vehicles and Commercial Vehicle Parts
        Manufacturing supply chains in North America are deeply integrated.
    Parts and components sometimes travel back and forth multiple times
    between the United States, Canada, and Mexico before final
    manufacturing. When President Trump threatened 25 percent Tariffs on
    trade with these countries, the American Trucking Associations
    estimated this could increase the cost of new trucks by $35,000.

        Question 1. What would higher prices on new vehicles, or their
    parts, mean for your members?
        Answer. Motor carriers do not have the ability to absorb the
    significant price increases, nor can they easily pass along additional
    tariff-related costs to their customers. Trucking is a highly
    competitive business with more than 550,000 fleets in the U.S. Most of
    those fleets are small. In fact, 95.5 percent of motor carriers have 10
    or fewer trucks. Intense competition among those companies leads to
    very lean profit margins, with most fleets netting 5 percent or less in
    a normal year. This business is one of the few where the pool of
    competitors is not limited by size or location, with small fleets
    competing against large ones and east coast-based companies competing
    with those based on the west coast. This commonly results in
    underbidding, which strains margins and reduces the flexibility to pass
    along increased operating costs to customers.
        As an example of this intense competition and the impacts, just
    look at industry trends over the last couple of years. After the
    initial boom in freight during the early part of the global Covid-19
    pandemic, truck freight slowed dramatically. Households that were
    buying appliances and other household goods when travel was difficult
    pivoted to spending dramatically more on experiences including travel.
    As a result, trucking experienced a prolonged freight recession, where
    freight volumes contracted, freight rates fell, and the costs of
    operating a truck continued to rise. These trends pushed many fleets
    out of business and created financial hardship for those that remained.
        During this period of falling volumes and contracting freight
    rates, motor carriers faced much higher costs. According to the
    American Transportation Research Institute (ATRI), the cost to operate
    a truck one mile, excluding fuel, surged over 19 percent in just a
    couple of years. As previously mentioned, it is difficult for carriers
    to pass along these added expenses particularly when freight rates are
    declining. To preserve financial flexibility in the face of higher
    truck prices, fleets frequently chose to cut or postpone truck
    purchases.
        If forced to adapt to increasing costs due to Section 232 tariffs,
    many fleets will likely choose to hold on to older equipment and
    extended trade cycles. While this is not ideal, and likely to cause
    some operational challenges, it is not unreasonable for them to extend
    trade cycles. In 2024 the average age of the active Class 8 truck fleet
    was 5.69 years, equivalent to the average of this measure over the last
    ten years and 4.4 percent below the average over the last 20 years.
        In short: carriers are not keeping their trucks for as long as they
    used to, suggesting that many fleets have the ability to maintain their
    current equipment and can extend their trade cycles. This really would
    be the only option for most motor carriers since absorbing higher truck
    prices and passing them along to customers is not feasible.

        Question 2. How would a tariff on imported commercial vehicle parts
    impact the cost of purchasing and repairing commercial vehicles?
        Answer. In recent years, due to several factors including
    environmental regulations, the price of new Class 8 tractors has
    surged. In fact, a recent analysis from the American Transportation
    Research Institute (ATRI) showed that the average purchase price of new
    Class 8 trucks has surged from less than $130,000 in 2014 to $170,000
    in 2023. Even more compelling, that increase was most significant
    between 2021 and 2023, with the average price jumping 21 percent from
    roughly $140,000 to $170,000. Based on those current prices, ATA
    estimates that if a 25 percent tariff was applied to imported heavy-
    duty Class 8 tractors from Mexico, with no rebates for U.S. or USMCA
    content, the price of that tractor could increase by $30,000 or more.
        On top of those costs, motor carriers are also required to pay a
    Federal excise tax (FET) on the sale of new truck equipment. The FET on
    heavy-duty trucks is 12 percent of the purchase price. With a new Class
    8 truck costing an average of $170,000 (likely higher in 2025), a 25
    percent tariff applied to all new trucks from Mexico would increase the
    retail price to $200,000. This means that trucking companies would have
    to pay the 12 percent FET on the post-tariff price of $200,000, not
    $170,000. That brings the total price of a new truck, on average, to
    $224,000, which is simply cost prohibitive for most trucking companies.
    These numbers do not account for any maintenance costs, which would
    increase if the price for new parts increases, or the potential surge
    in insurances prices because of increased equipment costs.
        It should again be noted that trucking companies operate on very
    thin profit margins, leaving them with extremely limited ability to
    absorb higher prices. In 2023, the latest data available, most
    truckload sub-sectors, who buy a significant percentage of new
    tractors, saw their average operating margins plummet to low single-
    digits. In that same year, the less-than-truckload (LTL) sector, which
    tends to have better margins, still only posted 12 percent operating
    margins.

        Question 3. If it is more expensive to maintain and replace parts
    on commercial vehicles, would there be an impact on safety on our
    roads?
        Answer. Absolutely. As motor carriers extend the lives of their
    trucks, it is likely that the highways will become less safe than they
    would have been under normal buying rates. Newer trucks are equipped
    with more advanced safety technology such as anti-lock braking systems,
    advanced emergency braking, forward collision warning, and electronic
    stability control, which makes them safer to drive and helps avoid
    accidents. A Section 232 tariff would likely impair highway safety
    progress if carriers are discouraged from purchasing new trucks due to
    high prices.
        Additionally, as larger fleets buy new trucks, they sell their
    three-to five-year-old trucks on the secondhand market. Smaller fleets
    often buy these trucks to replace the older ones that they operate.
    This cycle of purchasing used equipment benefits smaller carriers that
    cannot afford new trucks and contributes to the improvement in highway
    safety by allowing those smaller fleets to affordably phase out still-
    older equipment. However, if larger fleets slow their purchases of new
    equipment, this cycle will be interrupted and smaller fleets won't have
    the access to a sufficient supply of newer used trucks, thus further
    impairing safety on America's roadways.
    Freight Infrastructure Investments
        American businesses spend over $2 trillion annually on logistics
    costs. Highway congestion increases truck transportation costs by over
    $100 billion each year. Driving down these costs will allow businesses
    to hire more people and will decrease the costs of goods at the grocery
    store.
        In the Bipartisan Infrastructure Law, I created the Mega grants
    program, which is tackling some of the worst congestion choke points in
    the nation, like the I-5 Bridge in WA, which is the 31st worst truck
    bottleneck in the nation, and the Brent Spence Bridge, which is the
    15th worst truck bottleneck according to your organization.

        Question 1. Do you think we need to continue funding the mega
    projects grant program in the next surface reauthorization?
        Answer. As you point out, highway congestion imposes very high
    direct costs on the trucking industry, which are ultimately passed on
    to consumers and make U.S. farmers and manufacturers less competitive
    globally. Congestion also reduces supply chain reliability, which
    imposes additional costs on shippers. The American Transportation
    Research Institute (ATRI) has identified the top 100 highway
    bottlenecks nationwide. These bottlenecks are responsible for a
    disproportionate share of freight congestion costs. Addressing these
    bottlenecks often requires a significant investment, one that states
    may not be able to cover on their own. The Mega Grant program, with its
    focus on projects with significant national or regional impacts and
    high project costs, is ideally situated to help move major bottleneck
    projects forward, and ATA supports its continued funding, with
    additional resources. ATA also supports creation of a new discretionary
    program focused solely on addressing the most costly highway
    bottlenecks.
                                     ______

       Response to Written Questions Submitted by Hon. Amy Klobuchar to
                                  Chris Spear
    Distracted Driving Prevention
        In your testimony, you described the need to combat distracted
    driving among all roadway users. In 2021, I passed my SAFE to DRIVE Act
    to provide additional funding to states to enforce distracted driving
    laws.

        Question 1. Can you expand on the importance of law enforcement in
    addressing distracted driving?
        Answer. Enforcement is a critical tool for reducing distracted
    driving. However, its effectiveness relies on two key factors. First,
    laws must be clear, simple, and enforceable. Law enforcement must be
    able to utilize statutes and act when a driver is actively holding or
    visibly using a device while driving. Distracted driving laws that
    focus only on certain activities like talking or texting with
    exceptions for certain applications or utilities, such as GPS mapping
    or making phone calls, or that provide distracted driving as a
    secondary offense make enforcement of these laws challenging, if not
    impossible in some scenarios. Additionally, laws that are well-
    written--clear, simple, and enforceable--allow for outreach and
    education that amplifies the effects of enforcement. Clear and simple
    laws are much easier to message to educate the public on the dangers of
    distracted driving, how they can comply with the law, and the legal and
    financial consequences for failing to do so. Based on the realities of
    limited staffing and resources, enforcement can only direct eyes on a
    small portion of drivers only part of the time. However, amplified
    outreach efforts allow law enforcement's efforts to motivate a much
    larger audience to remain safe and focused while behind the wheel.
        The State of Ohio recently passed updated distracted driving laws--
    backed by strong support from the state's legislature, governor, and
    executive agencies--which has led to sizable reductions in distracted
    driving and crashes in their state. Two years after Ohio's handheld-
    device ban became enforceable as a primary offense (effective April
    2023), the tougher distracted-driving law led to an 8 percent decline
    in crashes, 3 percent fewer injuries, and a 4 percent reduction in
    fatalities statewide after two years. In the first full year of
    enforcement alone (October 2023--October 2024), the state saw 1,112
    fewer distracted-driving crashes and a 19.4 percent drop in fatal
    crashes, around 138 lives saved. This law and enforcement gains
    corresponded with nearly 15,400 fewer overall motor-vehicle crashes
    year-over-year, underscoring the law's early success. However, these
    results did not require a significant increase in actual enforcement
    efforts as the clear language of the statute and effective messaging by
    the state to drivers was enough to drive measurable change.
        Additionally, ATA is a member of the National Distracted Driving
    Coalition and recommends the committee reach out to the Coalition for
    more information on Ohio's efforts specifically or for more information
    on best practices around laws, policies, outreach, and analysis. ATA
    has assembled its own Distracted Driving Working Group charged with
    examining how the trucking industry can play a role in ensuring fewer
    instances of distraction on our Nation's roadways among all types of
    drivers.

        Question 2. In addition to law enforcement, what other efforts can
    be made to prevent distracted driving in the trucking industry?
        Answer. Much like enforcement, commercial fleets and the trucking
    industry rely on outreach to amply efforts to prevent distracted
    driving. Increasingly, commercial drivers report witnessing passenger
    car drivers distracted--whether that be using a device, eating, or
    applying makeup--on our Nation's roadways, posing an increased risk of
    crash especially when driving in the proximity of a large truck.
    Informing the public of the risks associated with distracted driving
    near large trucks--let alone how to drive while focused on the road
    near a large truck--is critical. However, fleets often lack resources
    for distracted driving prevention and messaging to the broader driving
    public. Additionally, fleets must focus on educating and protecting
    their own drivers. They may set internal policies based on local laws,
    rely on outreach produced by others to educate their drivers, and/or
    have limited opportunities to conduct that outreach face to face. By
    bolstering the resources and attention given to distracted driving laws
    and the outreach surrounding those laws, we also improve the resources
    for fleets to update their policies and outreach. It is also worth
    noting that the best practices around commercial vehicle distracted
    driving are still being developed. Many ATA members have adopted
    driver-facing cameras which can detect handheld device use. Fleets are
    still developing their policies around cameras, trying to balance
    safety with legitimate concerns about privacy, security, and liability.
    Outreach efforts can go beyond the general public to help identify and
    highlight best practices around in the trucking industry and how new
    technologies are reducing distracted driving in trucks.
                                     ______

      Response to Written Questions Submitted by Hon. Tammy Duckworth to
                                  Chris Spear
    Truck Parking
        In 2023 a Greyhound bus traveling westbound on I-70 from
    Indianapolis, Indiana to St. Louis, Missouri experienced a deadly crash
    in Highland, Illinois while exiting at a rest area. The bus crashed
    into three trucks which were parked on the shoulder of the exit ramp.
    Three bus passengers were killed. The driver and 11 of the other
    passengers were injured.
        NTSB found that a contributing factor was the three trucks parked
    on the shoulder of the exit ramp. The lack of available truck parking
    remains a major problem, not just for the trucking industry, but for
    the traveling public, as this horrible incident so tragically
    illustrates.
        Last Congress, Senators Lummis and Kelly introduced the Truck
    Parking Safety Improvement Act to provide Federal grants to expand
    parking for commercial trucks. I joined several of my colleagues on
    both sides of the aisle in cosponsoring this bill, but unfortunately it
    didn't pass.

        Question 1. As Congress works on the next Surface Transportation
    Reauthorization bill, what would you recommend we do to increase truck
    parking across the country, and how would you recommend we pay for it?
        Answer. The lack of truck parking is a perennial challenge, and
    each year truck drivers identify it as their number one or two concern.
    According to the USDOT, 98 percent of truck drivers state that they
    regularly have difficulty finding a safe place to park for the night.
    This is an issue that impacts not only highway safety but also supply
    chain productivity and workforce development for the trucking industry.
    It is hard to attract the next generation of truck driver (particularly
    women, who only account for 7 percent of drivers currently on the road)
    to enter the profession if those individuals cannot be guaranteed
    access to safe, well-lit facilities.
        ATA is extremely grateful for your support of the Truck Parking
    Safety Improvement Act in the previous Congress. We continue to believe
    that this legislation to ensure dedicated Federal investment in the
    construction of safe truck parking spaces nationwide is the best
    solution to the parking problem. We strongly support its
    reintroduction, and we strongly encourage you and your colleagues to
    support its passage. Funding should come from the Highway Trust Fund,
    either as a new, standalone discretionary program or a set-aside from
    an existing discretionary program.
                                     ______

       Response to Written Questions Submitted by Hon. Ben Ray Lujan to
                                  Chris Spear
    Side Underride Guards
        In your written testimony, you call for the deployment of quote
    ``proven safety technologies''. I'd like to call attention to one
    simple, lifesaving technology--side underride guards. In 2017, the
    Insurance Institute for Highway Safety conducted crash tests of
    trailers equipped with side underride guards at 35 mph and 40 mph. The
    test results demonstrate that the side underride guards prevented
    lethal passenger compartment intrusion, thereby saving lives.

        Question 1. If you support the deployment of proven safety
    technologies, under what circumstances would ATA support deployment of
    side underride guards?
        Answer. The testing conducted by IIHS and other groups on vehicular
    underride is encouraging, but we do not believe it is sufficient to
    establish a mandate. As noted by NHTSA, most of these devices are still
    being tested and are not yet commercially available. We also think it
    is unlikely that side underride protection for vehicles can be
    effective at higher speeds, as the energy that must be absorbed is too
    great for the materials and structures that are in current designs.
    This does not mean we are against side underride deployment. We support
    efforts for further research and testing into their effectiveness, and
    we think deployments are extremely helpful in learning more about their
    real-world performance and design requirements.
        In our comments responding to the NHTSA NPRM, we pointed out that
    if side underride guards are unlikely to be effective at higher speeds,
    some degree of crash prevention or mitigation would also be necessary
    to reduce the energy of the impact. These systems, such as Automatic
    Emergency Braking, are much more effective at reducing speed and energy
    compared to an impact guard. Our main point is that as side impact
    guards for vehicles continue to be tested and developed, we should
    focus efforts on safety technologies which could prevent or mitigate
    these types of crashes prior to impact. These technologies are
    available today, are relatively mature, but lack standardization in
    performance and testing.
        Regarding a mandate, ATA pointed out that trucking is not a
    monolith, and that there are many kinds of trucks, trailers, and
    operations. A mandate, particularly a broad one covering all newly
    manufactured trucks, would need to consider all these different types
    of vehicles and their operations. In the proposed mandate, any truck in
    any kind of operation would need to meet whatever minimum performance
    requirements would have been set forth. This would include dry vans,
    tankers, flatbeds, auto haulers, grain hoppers, dry bulk tanks, or any
    other type of vehicle. A mandate is only as effective as its minimum
    performance requirements, and much greater breadth of testing would be
    required to establish performance across all these different
    configurations.
        We also pointed out that all configurations of vehicles with low
    clearance must be careful around high-grade crossings, especially rail
    crossings. Some ATA members have stopped using aerodynamic skirts on
    the sides of certain vehicles for exactly this reason, despite their
    fuel economy benefits. These devices were getting stuck or damaged at
    rail crossings or on customer loading docks that have steep grades.
    This is a problem which engineers can potentially solve by developing
    appropriate design requirements. However, there was no consideration in
    the proposed mandate for whether the side impact designs would meet
    this safety requirement, or how changing designs to meet this
    requirement would impact performance.

        Question 2. Do you agree that side underrides guards on trucks save
    lives?
        Answer. Yes, but as shown in the NHTSA analysis only a portion of
    vehicle crashes involving side underride occur at speeds at which
    guards have been tested. As noted above, we see side underride
    protection as one of several potential ways to address these types of
    crashes. We see driver assistance technologies such as AEB as more
    mature, applicable in more types of crashes, and ultimately more
    effective at this time. We fully support additional testing and
    development of side underride guards to better understand their
    performance, including design requirements to address the kinds of
    issues described above.
    Inclusion of Vulnerable Road Users in NHTSA's Cost Benefit Analysis
        A draft DOT report concluded that regulations requiring side
    underride guards were cost beneficial. According to a whistleblower and
    news reports, ATA lobbied DOT to alter the draft report. Subsequently
    the language and numbers of the draft report were altered. The draft
    report's cost benefit analysis concluded that preventing the deaths of
    vulnerable road users by requiring side underride guards was cost
    beneficial. Unfortunately, this life-saving research was not officially
    published.
        NHTSA has a pending Advanced Notice of Proposed Rulemaking on side
    underride guards, which would protect the lives of automobile
    occupants, as well as vulnerable road users like pedestrians,
    bicyclists and motorcyclists. NHTSA made assumptions in their cost
    benefit analysis to exclude whole categories of preventable deaths.
    Consequently, preventing the deaths by truck underride of vulnerable
    road users such as pedestrians, bicyclists, and motorcyclists was not
    even considered in the ANPRM's cost-benefit analysis. As a result of
    that and other omissions, NHTSA erroneously concluded that the cost of
    installing side guards exceeded the benefits.

        Question 1. Do you agree that vulnerable road users should be
    included in these statistics, which would likely change the cost
    benefit analysis?
        Answer. The engineering involved in preventing a vulnerable road
    user (VRU) underride is very different from that of preventing
    vehicular underride. We think a separate analysis for vulnerable road
    users is a better approach, so that solutions specific to VRUs (such as
    the Lateral Protection Device developed by Volpe) can have their cost/
    benefit analyzed. The lower energy of impacts involved in VRU crashes
    also means there is more design flexibility for addressing operational
    requirements, including those described above. The geography of VRU
    crashes also means that efforts can be targeted to surface streets
    where VRU encounters are more prevalent, rather than on the highways
    where VRU encounters are rare. We recognize that side guards for VRU
    have been adopted in Europe and many other locations, and we are ready
    to work with stakeholders on addressing these crashes here in the U.S.
    Our role, as experts on the equipment and their operation, is to help
    convey the operational requirements of our freight network. Trucking is
    not one size fits all so, when introducing any safety technologies, we
    recommend focusing on use cases with the highest exposure to risk and
    lowest barriers to adoption.
                                     ______

        Response to Written Questions Submitted by Hon. Roger Wicker to
                                   Lewie Pugh
        OOIDA represents small trucking businesses, which currently make up
    over 96 percent of registered motor carriers in the U.S. Like many
    small businesses, owner-operators and small trucking fleets operate on
    the slimmest of margins. When costs unexpectedly arise, these margins
    become even smaller, making it challenging to remain profitable. Even
    nominal cost increases can force some operators out of business
    entirely.
        One controversial issue currently being debated is whether Congress
    should increase truck size and weight limits in the next Highway Bill.
    I have seen information from OOIDA stating that it could cost an owner-
    operator upwards of $10,500 to add axles to a truck to operate at
    91,000 pounds--an increase from the current limit of 80,000 pounds that
    is being proposed by some in Congress. I am assuming extra weight would
    also increase the cost of fuel and general wear and tear for small
    trucking businesses.

        Can you explain your concerns about increasing the size and weight
    limits of trucks, as well as the financial and real-world impacts it
    would have on small business truckers specifically?
        Answer. Increasing size and weight is all cost and no benefit for
    truckers. Proponents of weight increases portray new limits as optional
    and maintain that carriers won't have to haul at these weights if they
    don't want to do so. But inevitably, the higher limits become the new
    standard as businesses and shippers seek out carriers that offer the
    increased capacity. As you point out, the cost to upgrade equipment
    would be prohibitive for many small-business truckers. Unlike
    specialized or large carriers, who either possess the necessary
    equipment or could transition their fleets over time while maintaining
    business, smaller trucking companies and owner-operators would be
    forced to immediately modify their equipment at great cost just to
    remain viable.
        Even if small trucking operations pay for upgrades, our experience
    has shown that they rarely see a return on this investment. This was
    demonstrated during a House Transportation & Infrastructure Committee
    hearing earlier this year. One of the Nation's largest retailers said
    that if they could put more weight on a truck hauling their product,
    they would not increase pay for truckers hauling additional freight.
                                     ______

         Response to Written Questions Submitted by Hon. Todd Young to
                                   Lewie Pugh
    Outdated Regulations
        Outdated and overly burdensome regulations continue to hinder
    progress in both safety and innovation--particularly in the surface
    transportation sector. The upcoming surface transportation
    reauthorization presents a key opportunity to revisit and modernize
    these regulations under the FMCSA purview.

        Mr. Pugh, can you highlight any technologies your members are using
    that can increase safety? And are there specific regulations that you
    or your members have encountered that could be updated or reformed to
    better support safety advancements and innovation in this industry?
        The best way to increase safety is to properly train drivers. While
    there is a role for proven, cost-effective technology solutions, safety
    starts with the driver. At a minimum, Congress must require 30 hours
    behind-the-wheel training for those seeking a commercial driver's
    license (CDL). Additionally, lawmakers should pass S. 2114, which would
    require drivers demonstrate English language proficiency before being
    licensed and require CDL testing be conducted only in English. These
    are simple solutions that would have a more profound impact on highway
    safety than unproven technologies that have been marketed as safety
    devices.
        The electronic logging device (ELD) mandate imposed by Congress has
    done nothing to improve safety. In fact, crash rates continue to move
    in the wrong direction since the implementation of the ELD mandate. Our
    members have consistently indicated ELDs increase their stress,
    reporting a constant sense of `fighting the clock' to complete a haul
    or find a safe place to park before running out of allowable driving
    hours under rigid hours-of-service rules. Large motor carriers
    convinced lawmakers--many who now tout their support for deregulation--
    that ELDs would dramatically improve safety. However, there is no
    indication the mandate has done anything to deliver on those promises.
    The time has come to repeal the ELD mandate.
        The development of autonomous vehicles (AVs) and Automated Driving
    Systems (ADS)-Equipped CMVs have the potential to drastically change
    the trucking industry, in particular its workforce. We feel elected
    officials, Federal regulators, and our industry partners must develop
    AV policies in a responsible manner that considers the perspective of
    American truckers, as we have yet to see any assurances that AVs can
    operate as safe as human drivers on our Nation's roads. While AVs might
    improve safety under certain conditions, they create new risks with
    dangerous outcomes.
        Over the last several years, the U.S. Department of Transportation
    (DOT) agencies have pursued respective rulemakings to ``ensure'' the
    safe introduction of ADS-equipped CMVs onto the Nation's roadways. Many
    of the questions included in these proposals remain hypothetical in
    nature and OOIDA has questioned why DOT has chosen to focus on
    regulations that may or may not be necessary depending how the
    technology performs. These regulatory proposals seem destined to fail
    without more concrete data about how AVs will function and how they
    will impact highway safety, the transportation workforce, and national
    security. OOIDA supports mandatory testing, safety, and crash reporting
    requirements that will provide the public with direct and easy access
    to information about AV performance.
    Freight Fraud and Abuse
        In my opening statement I mentioned the prevalence of freight fraud
    and cargo theft. To summarize, Congress needs to act to prevent this
    pervasive practice from continuing.

        Mr. Pugh, how significant is this problem for your members and how
    can Congress partner with industry to combat this issue?
        Answer. Freight fraud is a serious and growing problem for small-
    business truckers. This Committee has already taken a significant step
    towards fighting freight fraud by passing S. 337, the Household Goods
    Shipping Consumer Protection Act. It is imperative this legislation be
    signed into law.
        In the potential absence of regulatory improvements, Congress must
    also ensure brokers are compliant with existing Federal rules involving
    transparency. Circumventing or evading these requirements has led to a
    lack of transparency in the supply chain, which makes it more difficult
    for motor carriers--especially small trucking businesses--to protect
    themselves from fraudulent brokers. OOIDA has petitioned FMCSA to
    ensure brokers are no longer dodging transparency rules. If the agency
    fails to deliver substantial safeguards, Congress must do so in the
    next Highway Bill.
                                     ______

       Response to Written Questions Submitted by Hon. Maria Cantwell to
                                   Lewie Pugh
    Potential Tariff on Commercial Vehicles and Commercial Vehicle Parts
        Manufacturing supply chains in North America are deeply integrated.
    Parts and components sometimes travel back and forth multiple times
    between the United States, Canada, and Mexico before final
    manufacturing. When President Trump threatened 25 percent Tariffs on
    trade with these countries, the American Trucking Associations
    estimated this could increase the cost of new trucks by $35,000.

        Question 1. What would higher prices on new vehicles, or their
    parts, mean for your members?
        Answer. Small business truckers already struggle to afford new
    vehicles due to extremely high prices, which have increased
    dramatically over time due in large part to excessive environmental
    regulations. Any increase in the cost of new vehicles would further
    limit our members ability to purchase them. To keep costs down, OOIDA
    members often purchase used vehicles. Higher costs for new vehicles
    would likely drive up the cost of used vehicles over time, further
    limiting our members ability to acquire equipment.
        Increases in the cost of both new and used trucks will result in
    small business truckers simply operating their existing equipment
    longer. However, higher costs for parts will make it more expensive to
    maintain this older equipment.

        Question 2. How would a tariff on imported commercial vehicle parts
    impact the cost of purchasing and repairing commercial vehicles?
        Answer. This would likely result in higher costs, which may result
    in some motor carriers deferring maintenance.

        Question 3. If it is more expensive to maintain and replace parts
    on commercial vehicles, would there be an impact on safety on our
    roads?
        Answer. Yes, any conditions that force motor carriers to defer
    maintenance could negatively impact safety. However, Congress must also
    consider how excessive, unnecessary, and ineffective regulations have
    driven up the cost of new equipment without any discernable
    improvements to safety. Lawmakers must also be careful not to embrace
    new proposals that drive up operating costs without improving safety,
    including minimum insurance increases, and the mandated use of side
    underride guards and Universal Electronic Identifiers.
    Driver Training
        You both represent truck drivers who also want the roads they are
    driving on to be safe. There are those who claim we need to make it
    easier for truck drivers to get a license by allowing them to get
    tested in any state, not just the state where they received their
    training.
        It may surprise some people that there are no Federal requirements
    for truck drivers to spend a certain amount of time training behind the
    wheel of a truck. However, in the state of Washington, drivers must
    have at least 30 hours of behind-the-wheel training.

        Question 1. What can we do to improve training for truck drivers so
    that our roads are safer?
        Answer. At a minimum, Congress must require 30 hours behind-the-
    wheel training for those seeking a commercial driver's license (CDL).
    Additionally, lawmakers should pass S. 2114, which would require
    drivers demonstrate English language proficiency before being licensed
    and require CDL testing be conducted only in English.

        Question 2. Should we make it easier for prospective drivers to
    circumvent strong state requirements?
        Answer. No. However, OOIDA believes the most effective way to
    ensure drivers across the country are properly trained is to strengthen
    Federal Entry Level Driver Training requirements.
    Overtime for Truck Drivers
        President Trump promised workers that their overtime earnings would
    not be taxed.

        Question 1. Was the promise fulfilled for truck drivers?
        Answer. Unfortunately, the Fair Labor Standards Act unfairly
    exempts truckers from being guaranteed overtime pay. As a result,
    truckers will not benefit from ``no taxes on overtime'' policies like
    most other blue-collar professionals. To solve this problem, Congress
    must pass S. 893, the Guaranteeing Overtime for Truckers Act, which
    will repeal this outdated exemption. Providing competitive and
    sustainable compensation will also help address the trucking industry's
    astronomically high driver turnover rates, which prevent truckers from
    gaining the experience to operate at the safest levels.
                                     ______

       Response to Written Question Submitted by Hon. Tammy Duckworth to
                                   Lewie Pugh
    Question Topic: Truck Parking
        Question. In 2023 a Greyhound bus traveling westbound on I-70 from
    Indianapolis, Indiana to St. Louis, Missouri experienced a deadly crash
    in Highland, Illinois while exiting at a rest area. The bus crashed
    into three trucks which were parked on the shoulder of the exit ramp.
    Three bus passengers were killed. The driver and 11 of the other
    passengers were injured.
        NTSB found that a contributing factor was the three trucks parked
    on the shoulder of the exit ramp. The lack of available truck parking
    remains a major problem, not just for the trucking industry, but for
    the traveling public, as this horrible incident so tragically
    illustrates.
        Last Congress, Senators Lummis and Kelly introduced the Truck
    Parking Safety Improvement Act to provide Federal grants to expand
    parking for commercial trucks. I joined several of my colleagues on
    both sides of the aisle in cosponsoring this bill, but unfortunately it
    didn't pass.

        A. As Congress works on the next Surface Transportation
    Reauthorization bill, what would you recommend we do to increase truck
    parking across the country, and how would you recommend we pay for it?
        Answer. Congress must enact a long-term, sustainable program, like
    the Truck Parking Safety Improvement Act, to invest in parking capacity
    to address the national shortage of truck parking. Over the past two
    decades, numerous studies at the state and Federal level have examined
    the parking issue, and the problem is clear: there are shortages in
    every part of the nation, and more funding is needed for more spaces.
        Legislation like the Truck Parking Safety Improvement Act would
    dedicate Federal funding for expanding capacity. Currently, truck
    parking must compete with other more politically-popular projects, and
    given the consistent shortage, it is clear that parking is not being
    prioritized how it should be.
        The Truck Parking Safety Improvement Act has enjoyed broad
    bipartisan support as well as support from every segment of the
    trucking industry and beyond. This legislation is a ``must-pass'' as
    part of the next highway bill.
        On the question of funding, OOIDA has long advocated for increases
    to existing fuel taxes as a way to fund greater infrastructure
    investment. The current fuel taxes are the most efficient and
    straightforward way to collect revenue. Mechanisms, such as a vehicle-
    miles-traveled fee or tolling, have significantly higher overhead costs
    and unanswered questions about implementation. We also support policies
    that would ensure all road users pay into the Highway Trust Fund, such
    as a fee on electric and hybrid vehicles.
                                     ______

        Response to Written Question Submitted by Hon. Ben Ray Lujan to
                                   Lewie Pugh
        Question. Side Underride Guards:
        Do you agree that side underrides guards on trucks save lives?
        Answer. In certain conditions, side underride guards have
    demonstrated an ability to prevent passenger compartment intrusion in
    passenger vehicles. However, testing has been limited to extremely
    narrow circumstances, which are not reflective of highway driving
    conditions. The true safety performance of these devices cannot be
    determined until they are tested in a wide variety of conditions,
    including varying speeds and angles of impacts. Additionally, we have
    not seen any research on the safety outcomes associated with vehicle
    deflection resulting from impacts with side underride guards. OOIDA
    remains staunchly opposed to any Federal side underride guard mandate.
        Rather than requiring the use of impractical, costly, and unproven
    devices, the best way to increase safety is to properly train drivers.
    While there is a role for proven, cost-effective technology solutions,
    safety starts with the driver. At a minimum, Congress must require 30
    hours behind-the-wheel training for those seeking a commercial driver's
    license (CDL). Additionally, lawmakers should pass S. 2114, which would
    require drivers demonstrate English language proficiency before being
    licensed and require CDL testing be conducted only in English. These
    are simple solutions that would have a more profound impact on highway
    safety than a side underride guard mandate.
                                     ______

         Response to Written Question Submitted by Hon. Todd Young to
                                Fred C. Ferguson
    Outdated Regulations
        Question. Outdated and overly burdensome regulations continue to
    hinder progress in both safety and innovation--particularly in the
    surface transportation sector. The upcoming surface transportation
    reauthorization presents a key opportunity to revisit and modernize
    these regulations under the FMCSA purview.
        Mr. Ferguson, can you highlight any technologies your members are
    using that can increase safety? And are there specific regulations that
    you or your members have encountered that could be updated or reformed
    to better support safety advancements and innovation in this industry?
        Answer. Many ABA members have proactively invested in advanced
    safety technologies that not only protect passengers but also help
    prevent accidents before they occur. These include collision mitigation
    systems (such as active cruise braking and autonomous emergency
    braking), lane departure warning systems, electronic stability control,
    and speed monitoring technology. Several operators have also adopted
    telematics platforms to monitor driver performance and vehicle
    diagnostics in real time, supporting both safety and operational
    efficiency.
        However, despite these advancements, several outdated or overly
    broad regulations create barriers to innovation. For example:

       Hours of Service (HOS) rules, while critical for safety, are
            still largely modeled on trucking operations rather than
            passenger service, limiting flexibility in how rest and driving
            time are scheduled--even when modern fatigue management tools
            are in place.

       Speed limiter mandates were developed with freight carriers
            in mind and don't account for the motorcoach industry's unique
            operating characteristics and proven safety record. Imposing a
            single speed threshold could inadvertently increase congestion
            risks and undermine safety benefits.

       CSA/SMS scoring methodologies don't always accurately
            reflect motorcoach safety performance and can penalize smaller
            or seasonal operators whose data sets don't fit the freight
            model.

       CDL testing and credentialing processes often remain paper-
            based and slow to adapt to modern training and assessment
            tools, delaying the onboarding of qualified drivers.

        The upcoming surface transportation reauthorization is a pivotal
    chance to modernize these frameworks. By aligning regulatory
    requirements with current technologies and safety practices, Congress
    and FMCSA can support an environment where innovation is encouraged
    rather than hindered--and where passenger safety remains the top
    priority.
                                     ______

       Response to Written Questions Submitted by Hon. Maria Cantwell to
                                Fred C. Ferguson
    Potential Tariff on Commercial Vehicles and Commercial Vehicle Parts
        Manufacturing supply chains in North America are deeply integrated.
    Parts and components sometimes travel back and forth multiple times
    between the United States, Canada, and Mexico before final
    manufacturing. When President Trump threatened 25 percent Tariffs on
    trade with these countries, the American Trucking Associations
    estimated this could increase the cost of new trucks by $35,000.

        Question 1. What would higher prices on new vehicles, or their
    parts, mean for your members?
        Answer. On behalf of the U.S. motorcoach industry, higher prices on
    new motorcoaches or their critical components would have profound
    negative impacts on operators and the communities they serve. Because
    there are currently no motorcoaches manufactured within the United
    States, our industry is entirely reliant on imports from Canada and
    Europe to modernize fleets. If tariffs are imposed, the resulting cost
    increases would:

       Raise trip prices for schools, seniors, rural communities,
            and military transport, all of whom depend on affordable
            motorcoach service.

       Force smaller operators--who make up over 80 percent of our
            industry--to delay or forgo fleet replacement, undermining both
            safety and environmental progress.

       Slow recovery from the pandemic, which already caused the
            loss of 50 percent of operating companies.

        Recent data already show new motorcoach sales are down 5.6 percent
    this year, after a strong rebound in 2024. Tariffs inject further
    uncertainty into purchasing decisions, eroding the confidence operators
    need to invest in newer, safer vehicles.

        Question 2. How would a tariff on imported commercial vehicle parts
    impact the cost of purchasing and repairing commercial vehicles?'
        Answer. A tariff on imported parts would directly increase the cost
    of maintaining and repairing motorcoaches--many of which must stay in
    service well beyond their intended life cycle, particularly for small
    and mid-sized family-owned companies operating on thin margins. While
    key components like engines and transmissions are often domestically
    produced, many systems and assemblies--such as electrical components
    and specialized safety equipment--must be sourced internationally.
        This would lead to:

       Higher repair costs, passed along to consumers who rely on
            motorcoaches for commuting, tourism, and essential
            transportation.

       Longer downtime, as operators struggle to find affordable
            replacement parts.

       Further pressure on smaller fleets, reducing service
            availability and potentially triggering more business closures.

       There may additionally be reduction of some vehicle useful
            life as good preventative maintenance practices may not be
            implemented on schedule, potentially impacting the resale value
            of used vehicles.

        At a time when the industry is still working to recover capacity
    lost during COVID-19, additional cost burdens from tariffs could
    reverse hard-won gains and destabilize service nationwide.

        Question 3. If it is more expensive to maintain and replace parts
    on commercial vehicles, would there be an impact on safety on our
    roads?
        Answer. Yes--making it more expensive to purchase new motorcoaches
    or maintain existing ones would directly undermine safety progress. The
    motorcoach sector has an outstanding safety record, accounting for just
    0.015 percent of all U.S. roadway fatalities over a recent five-year
    period. But maintaining this record depends on operators being able to
    refresh fleets and adopt new safety technologies.
        When costs rise due to tariffs, operators are forced to:

       Delay fleet replacement, continuing to run older vehicles
            without the latest safety design and technology.

       Postpone installation of advanced systems, such as collision
            mitigation and electronic stability control, which help prevent
            crashes.

       Divert limited resources from training and preventive
            maintenance, further risking operational safety.

        Because motorcoaches are essential for evacuations during
    disasters, military transportation, and rural mobility, any policy that
    slows fleet renewal can harm public safety far beyond the companies
    themselves.
        In short, tariffs on motorcoaches and their parts will mean higher
    costs, fewer safety advancements, and reduced access to vital
    transportation. With no U.S. manufacturing alternatives for complete
    motorcoaches, we urge policymakers to exclude motorcoaches and their
    components from any increased tariffs, in recognition of the industry's
    essential role in the economy and transportation infrastructure.
        I'd be glad to share more data or meet with your teams to further
    discuss these critical issues.
                                     ______

      Response to Written Questions Submitted by Hon. Tammy Duckworth to
                                Fred C. Ferguson
    Question Topic: Motorcoach Driver Fatigue
        Question 1. In 2023 a Greyhound bus traveling westbound on I-70
    from Indianapolis, Indiana to St. Louis, Missouri experienced a deadly
    crash in Highland, Illinois while exiting at a rest area. The bus
    crashed into three trucks which were parked on the shoulder of the exit
    ramp. Three bus passengers were killed. The driver and 11 of the other
    passengers were injured.
        According to the National Transportation Safety Board (NTSB), the
    probable cause of the crash was the bus's departure from the travel
    lanes onto the shoulder of the exit ramp due to fatigue. NTSB found
    that a contributing cause was the driver's irregular work-rest schedule
    and prolonged time awake.
        NTSB recommended that the American Bus Association inform its
    members about the Highland, Illinois crash and urge them to develop
    fatigue management programs to educate drivers and other employees
    about fatigue, its causes, and its countermeasures.

        A. When will the American Bus Association complete its
    implementation of this NTSB recommendation?
        Answer. ABA appreciates the opportunity to work with the National
    Transportation Safety Board on initiatives to improve highway and
    motorcoach safety. ABA expects to complete all of the aspects of the
    NTSB recommendation by February 2026. To date, ABA has sent out 3
    different communications briefing our members on the details and
    findings of the crash as well as recommended activities to improve
    their safety posture. We have also invited the NTSB to attend ABA
    safety meetings to brief our members on the findings of the recent
    crash as well as incorporated education sessions focusing on the safety
    management cycle into in-person safety meetings of motorcoach operators
    taking place in August as well as other regional meetings during the
    fall of 2025. We hope to have a session on fatigue management set for
    January of 2026. ABA already has a relationship with the Commercial
    Vehicle Safety Alliance, the current home of the North American Fatigue
    Management Program, as well as a scheduled presentation by them and
    distribution of some of their safety materials.
        The NTSB also made several recommendations to Greyhound to help
    mitigate driver fatigue, including revising its driver scheduling
    policies to reduce scheduling variability that results in irregular
    work-rest cycles.
        NTSB also made several recommendations to Greyhound to help
    mitigate driver fatigue, including revising its driver scheduling
    policies to reduce scheduling variability that results in irregular
    work-rest cycles.

        B. Does the American Bus Association support these NTSB
    recommendations to Greyhound?
        Answer. ABA supports the NTSB recommendations related to monitoring
    driver fatigue and fatigue management policies. We believe these are
    good safety practices included in their recommendations that all motor
    carriers (truck and bus) will benefit from being reminded about, and
    ABA's peer-led education offerings will feature future sessions
    focusing on fatigue management best practices. We look forward to
    sharing Greyhound's refined best practices and their successful
    implementation of these recommendations. Passenger safety remains ABA's
    number one priority and we look forward to sharing these resources and
    best practices with the broader motorcoach and passenger carrier
    industry.

        C. When can we expect Greyhound to implement these recommendations?
        Answer. ABA appreciates the question and the intent behind it, but
    ABA does not have insight as to the development of Greyhound's internal
    policies and operations and can not comment on Greyhound's behalf. We
    believe that they will work to implement these recommendations and
    revise their practices as quickly as practicable.
    Question Topic: Truck Parking
        Question 2. NTSB found that a contributing factor to the crash in
    Highland, Illinois was the three trucks parked on the shoulder of the
    exit ramp. The lack of available truck parking remains a major problem,
    not just for the trucking industry, but for the traveling public, as
    this horrible incident so tragically illustrates.
        Last Congress, Senators Lummis and Kelly introduced the Truck
    Parking Safety Improvement Act to provide Federal grants to expand
    parking for commercial trucks. I joined several of my colleagues on
    both sides of the aisle in cosponsoring this bill, but unfortunately it
    didn't pass.

        A. As Congress works on the next Surface Transportation
    Reauthorization bill, what would you recommend we do to increase truck
    parking across the country, and how would you recommend we pay for it?
        Answer. While my testimony focused specifically on the motorcoach
    industry rather than trucking, I do want to emphasize that parking
    challenges also have serious implications for motorcoach operations and
    the traveling public more broadly. Motorcoaches frequently encounter
    scarce, inadequate, or poorly designed parking and staging areas,
    particularly near interchanges, rest areas, and key destinations. This
    creates safety hazards not only for professional drivers but also for
    passengers disembarking in areas never intended for passenger loading
    or unloading.
        From the perspective of motorcoach operators, any effort to
    increase safe, dedicated parking infrastructure will benefit the
    overall safety and efficiency of the surface transportation system.
    While I defer to my colleagues in the trucking sector on the specific
    scope of truck parking needs, I would recommend that Congress consider:

       Expanding eligibility under parking grant programs to
            explicitly include motorcoach parking, staging, and passenger
            facilities, to avoid similar risks for buses that must resort
            to parking on shoulders or undesignated areas.

       Integrating parking improvements into broader infrastructure
            investments, such as rest area modernization and multimodal
            facility development, to serve both freight and passenger
            carriers effectively.

       Ensuring Federal funds for parking are distributed in a way
            that prioritizes safety-critical corridors and high-traffic
            regions, including those frequented by motorcoach operators.

        As to funding, Congress could consider dedicating a modest portion
    of existing Highway Trust Fund revenues or leveraging discretionary
    grant programs like CMAQ, INFRA and RAISE, with clear set-asides to
    improve commercial vehicle parking capacity. Investing in safe parking
    infrastructure is a shared benefit: it protects drivers, passengers,
    and all roadway users.
        Again, while this issue primarily affects freight, it is vital that
    any Federal policy take into account the unique needs of motorcoaches
    as part of a comprehensive solution to parking shortages nationwide.
    ABA has and will continue to stand shoulder to shoulder with the
    freight community in seeking full implementation of Jason's Law and
    hopes that as this Committee and the Department of Transportation
    consider future truck parking initiatives that they consider all
    commercial vehicles within the sphere of fleets and commercial vehicle
    road users seeking parking alternatives.
                                     ______

        Response to Written Question Submitted by Hon. Ben Ray Lujan to
                                Fred C. Ferguson
    Motorcoach Driver Fatigue
        Question. In your written testimony, you called for the tailoring
    of hours-of-service regulations for the motorcoach industry.
        Given the unique and irregular scheduling demands in the motorcoach
    industry, how do you plan to ensure that any changes still properly
    address the risks of driver fatigue?
        Answer. Yes, in my testimony, I emphasized the need to preserve
    industry-specific flexibility in Hours of Service (HOS) regulations for
    motorcoach operators. This flexibility is critical because motorcoach
    operations differ significantly from freight trucking in terms of trip
    lengths, schedules, passenger responsibilities, and rest opportunities.
    Our charter bus drivers often operate on irregular schedules that
    include waiting time at hotels, tourist attractions, or special
    events--time that, while not ``off-duty'' under current regulations,
    does not contribute to fatigue in the same way continuous driving does.
        That said, we fully agree that addressing driver fatigue must
    remain a top priority. Our approach is to work with FMCSA to develop
    tailored policies that reflect the realities of motorcoach operations
    while maintaining a strong safety framework. This includes:

       Supporting enhanced driver training and fatigue management
            education.

       Encouraging the adoption of onboard technologies that
            monitor driver behavior and provide early warnings of fatigue.

       Promoting data-driven oversight that considers the unique
            operating patterns of motorcoach carriers rather than applying
            one-size-fits-all rules designed for freight.

        We believe that a thoughtful, flexible approach--grounded in real-
    world operating data--can both improve safety outcomes and avoid
    unnecessary disruptions to the essential passenger services our
    industry provides.
        ABA has worked with several entities in the past and in recent
    years on driver fatigue and distracted driving research, including with
    the Virginia Tech Transportation Institute, Washington State
    University, University of Michigan, University of South Florida, the
    National Academies of Science, the Transportation Research Board,
    FMCSA's Medical Review Board and other interested parties. We are in
    full support of future research studies, soliciting our members,
    vehicle manufacturers and other industry experts to fully engage and
    participate in further pursuit of this initiative if this Committee
    would like to request additional research efforts looking at motorcoach
    driver fatigue. We hope that a research-based and data-driven approach
    will be considered before moving forward with any changes to existing
    mandated service hour limits.
                                     ______

        Response to Written Question Submitted by Hon. Roger Wicker to
                                Sean M. O'Brien
        Question. In 2023, the year with the most recently available NHTSA
    and FMCSA crash data, there were 1,743 large-truck crashes in
    Mississippi. Sadly, 107 people lost their lives in those crashes, and
    1,019 people were injured. This is a 23 percent increase in fatalities
    compared to the previous year. From 2013 to 2023, truck crash
    fatalities rose by 70 percent in Mississippi. Despite this troubling
    trend, efforts to raise the gross vehicle weight limit in Congress
    persist in the lead-up to Reauthorization.
        In a recent letter to Congress, the International Brotherhood of
    Teamsters Law Enforcement League added its voice in opposition to
    increased truck size and weight limits, which include proposed Double
    33-foot trailers that would decrease a truck's stopping distance by 22
    feet as compared to today's double 28-foot trailers, while also
    increasing rollover propensity.

        Mr. O'Brien, could you please reiterate why the International
    Brotherhood of Teamsters continues to oppose proposals in Congress to
    increase the Federal gross vehicle size and weight limits, and expand
    on your knowledge of the safety dangers posed by longer configurations,
    like Double 33s, in particular?
        Answer. All available research, including that conducted by both
    the Department of Transportation and third parties, as well as the
    everyday experiences of Teamster drivers and law enforcement personnel
    have made abundantly clear the dangers presented by longer and heavier
    trucks. These vehicles and combinations, including double 33s and
    triples, are more difficult to operate, damage infrastructure like
    roads and bridges, and when involved in crashes result in more severe
    and fatal incidents. We thank Senate Wicker for his long-time
    opposition to truck size/weight increases and it is imperative that
    Congress reject efforts to increase length or weight in the upcoming
    surface transportation reauthorization.
                                     ______

       Response to Written Questions Submitted by Hon. Maria Cantwell to
                                Sean M. O'Brien
    Potential Tariff on Commercial Vehicles and Commercial Vehicle Parts
        Manufacturing supply chains in North America are deeply integrated.
    Parts and components sometimes travel back and forth multiple times
    between the United States, Canada, and Mexico before final
    manufacturing. When President Trump threatened 25 percent Tariffs on
    trade with these countries, the American Trucking Associations
    estimated this could increase the cost of new trucks by $35,000.

        Question 1. What would higher prices on new vehicles, or their
    parts, mean for your members?

        Question 2. How would a tariff on imported commercial vehicle parts
    impact the cost of purchasing and repairing commercial vehicles?

        Question 3. If it is more expensive to maintain and replace parts
    on commercial vehicles, would there be an impact on safety on our
    roads?
        Answer. At this time, we do not have an estimate on the impact of
    potential tariffs on the commercial motor vehicle industry. Broadly,
    the Teamsters believe that targeted tariffs can play a role in
    reshoring jobs that have been sent abroad.
    Truck Safety
        Tragically, on July 18th, a tanker truck carrying 9,000 gallons of
    diesel and gasoline overturned off of Highway 101 in Clallam County,
    Washington, spilling 3,000 gallons of hazardous material into Indian
    Creek. This spill threatened the drinking water of over 19,000 people
    in Port Angeles and contaminated a vulnerable habitat for salmon to
    spawn. Fortunately, no one was hurt. This incident demonstrates the
    importance of ensuring our trucks and truck drivers are safe.

        Question 1. Your members want the roads to be safe because they
    want to make it home to their families. What can we do to ensure that
    commercial vehicle drivers on our roads are safe?
        Answer. As discussed below, Congress should ensure that drivers are
    receiving high-quality training at the time of initial licensure and
    when receiving additional endorsements, including for hazardous
    materials. It is also imperative that the Federal Motor Carrier Safety
    Administration has the necessary resources to oversee and inspect motor
    carriers of all sizes and take enforcement action as necessary.
    Finally, we encourage Congress to examine specific and novel models of
    trucking operations, like those implemented by Amazon and its vast
    fleet of contracted services and take action to ensure that companies
    cannot exploit current safety regulations to operate dangerously.
    Autonomous Vehicles
        As you said in your testimony, the Federal government has not
    developed any safety requirements for self-driving trucks.

        Question 1. Since there are no safety requirements on the Federal
    level, do you think it is wise for Congress to prevent states from
    ensuring autonomous cars and trucks are safe?
        Answer. It is an unequivocally bad policy for Congress to restrict
    states from taking responsible actions on autonomous vehicles to keep
    their citizens safe. While certain authorities, like equipment
    standards, are clearly the responsibility of the Federal government,
    States must continue to be allowed to exercise their rights when it
    comes to the operations of autonomous vehicles on their roads. As
    mentioned, efforts to restrict states are particularly offensive when
    the Federal government to date has provided no alternatives. Preventing
    states from acting is little more than a giveaway to the industry to
    operate in any manner it sees fit, even if doing so puts lives in
    danger.

        Question 2. What steps should Congress take regarding autonomous
    vehicles?
        Answer. Congress must create and mandate a national framework for
    autonomous vehicles that encompasses manufacturing and equipment
    standards at the National Highway Traffic Safety Administration,
    operational requirements overseen by the Federal Motor Carrier Safety
    Administration and addresses workforce impacts of the adoption of these
    technologies. We encourage Congress to adopt proposals outlined in the
    ``Teamsters Autonomous Vehicle Federal Policy Principles''.
    Speed-limiters
        Earlier this month, the Trump administration withdrew a proposed
    rule that would have required speed-limiting devices on commercial
    vehicles. Excessive speed is a leading cause of fatal accidents on our
    roads.

        Question 1. Do you believe speed-limiting devices improve safety
    for commercial vehicle drivers and others on the roads?
        Answer. We have long supported the requirement for speed-limiters
    on commercial vehicles. Teamster members across multiple fleets
    currently operate vehicles with these technologies installed, and we
    believe that they play a role in improving safety and reducing speed
    related accidents.
    Driver Training
        You both represent truck drivers who also want the roads they are
    driving on to be safe. There are those who claim we need to make it
    easier for truck drivers to get a license by allowing them to get
    tested in any state, not just the state where they received their
    training.
        It may surprise some people that there are no Federal requirements
    for truck drivers to spend a certain amount of time training behind the
    wheel of a truck. However, in the state of Washington, drivers must
    have at least 30 hours of behind-the-wheel training.

        Question 1. What can we do to improve training for truck drivers so
    that our roads are safer?
        Answer. Congress should:

      1)  Ensure that the Federal Motor Carrier Safety (FMCSA) is properly
            auditing the Training Provider Registry, and removing bad
            actors who are providing substandard and/or predatory training
            programs.

      2)  Create new opportunities through a competitive grant program for
            high-quality entry level training programs. These grants should
            be constructed to give specific consideration to programs
            operated by labor organizations which provide pathways to
            employment.

      3)  FMCSA and Congress should examine current Federal Entry Level
            Driver Training requirements and consider mandating reasonable
            behind-the-wheel hours requirements.

        Question 2. Should we make it easier for prospective drivers to
    circumvent strong state requirements?
        Answer. In considering flexibilities relating to training and
    licensure, Congress should not create an environment where prospective
    drivers are able to ``forum shop'' the licensing process. Creating
    incentives to receive licensure in a certain state because of the
    presence of less stringent requirements or more lax testing standards
    will ultimately decrease road safety.
                                     ______

       Response to Written Question Submitted by Hon. Tammy Duckworth to
                                Sean M. O'Brien
    Question Topic: Truck Parking
        Question. In 2023 a Greyhound bus traveling westbound on I-70 from
    Indianapolis, Indiana to St. Louis, Missouri experienced a deadly crash
    in Highland, Illinois while exiting at a rest area. The bus crashed
    into three trucks which were parked on the shoulder of the exit ramp.
    Three bus passengers were killed. The driver and 11 of the other
    passengers were injured.
        NTSB found that a contributing factor was the three trucks parked
    on the shoulder of the exit ramp. The lack of available truck parking
    remains a major problem, not just for the trucking industry, but for
    the traveling public, as this horrible incident so tragically
    illustrates.
        Last Congress, Senators Lummis and Kelly introduced the Truck
    Parking Safety Improvement Act to provide Federal grants to expand
    parking for commercial trucks. I joined several of my colleagues on
    both sides of the aisle in cosponsoring this bill, but unfortunately it
    didn't pass.

        A. As Congress works on the next Surface Transportation
    Reauthorization bill, what would you recommend we do to increase truck
    parking across the country, and how would you recommend we pay for it?
        Answer. The Teamsters have endorsed the Truck Parking Safety
    Improvement Act, have included it among our union's priorities for
    reauthorization and look forward to its inclusion in the final
    legislation. We support the creation of a new authorization under Part
    180 as provided in the bill, and if enacted will support full funding
    for the program in the appropriations process.

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