[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
[email protected] 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.
[all]