A program from the Department of Transportation (DOT) aims to enhance the trucking industry by deregulating it and addressing driver concerns. “The Pro-Trucker Package,” announced in late June, includes tackling essential issues such as truck parking, unlawful brokering, and hours-of-service flexibility.
Truck Parking
Parking has long been a problem for drivers on the nation’s highways, and governments have been slow to deal with the issue, with only occasional improvements. In 2012, Jason’s Law, which was passed after the death of Jason Rivenburg, who was murdered while parked at an abandoned gas station, created a driver survey that showed there was not enough parking available.
Despite that, little has been done. That may be changing, however, with renewed support for a bill first proposed in 2020, which commits significant new money toward parking. The Truck Parking Safety Improvement Act allocates $755 million for projects enhancing public parking access for truck drivers. The bill, however, has lingered in Congress.
The bipartisan bill has been reintroduced by its author, Mike Bost (R-IL), with co-sponsorship from Rep. Angie Craig (D-MN), Pete Stauber (R-MN), and Salud Carbajal (D-CA).
“I grew up in a family trucking business,” said Bost. “I know firsthand how difficult, and oftentimes dangerous, it can be when America’s truckers are forced to push that extra mile in search of a safe place to park. By expanding access to parking options for truckers, we are making our roads safer for all commuters and ensuring that goods and supplies are shipped to market in the most efficient way possible. This is a matter of public safety for everyone, and I’m committed to doing all I can to drive this legislation over the finish line.”
Unlawful Brokering
Another area of concern for truckers is the ongoing fight against unlawful brokering. DOT said it was committed to rulemaking that would enforce broker transparency rules.
“To promote fairness and stability of the industry, FMCSA is renewing its focus on combating unlawful double brokering—a practice that directly harms drivers,” said DOT. “That includes reviewing the entire portfolio of regulatory actions listed in the Fall 2024 Unified Agenda (regulatory future actions), including the broker transparency rulemaking proposal.”
The Owner-Operator Independent Drivers Association (OOIDA) has long been an advocate for increasing broker transparency, and OOIDA Executive Vice President Lewie Pugh has been a regular in congressional hearings on the issue.
“As motor carriers are increasingly victimized by freight fraud, unpaid claims, dubious charges, unpaid loads, and double brokered loads, the current lack of transparency has left them little to no means to defend themselves from these schemes,” said Pugh at a recent Congressional hearing.
Pugh said that small business truckers are sometimes “swindled by unscrupulous brokers.” He blames these problems on several factors, including low freight rates, overcapacity, and increased competition.
“Advanced technology and lack of federal oversight and enforcement have also created an environment where fraudulent actors can thrive. Unfortunately, small trucker businesses are particularly susceptible to fraud and are unlikely to recover from it,” continued Pugh.
Under the Biden administration, the Federal Motor Carrier Safety Administration (FMCSA) issued a notice of proposed rulemaking regarding broker transparency last year. That comment period ended in March with about 6,900 comments. Truckers said that broker transparency would promote fairness, while brokers argued that the regulations are outdated and “un-American.”
According to current DOT officials, the broker transparency rulemaking is still on the agenda for future action.
Hours-of-Service Flexibility
Trucking organizations, including the OOIDA, have been advocating for federal action to make hours-of-service rules more flexible. They want provisions that would allow truck drivers to pause their clock for up to three hours and use split sleeper berth options of 6/4 and 5/5.
In a March hearing, Pugh said, “This ‘split-duty period’ would provide truckers greater flexibility to rest when they’re tired and avoid factors that make driving unsafe. A split-duty period would not increase maximum driving time, maximum on-duty time, or decrease minimum off-duty rest periods between shifts. Additionally, drivers would have more chances to get sufficient rest and would not be as pressured to beat the 14-hour clock. This would result in positive outcomes for driver health and highway safety.”
To that end, DOT has announced plans to launch two pilot programs that will test those specifics.
“To improve driver working conditions and quality of life, FMCSA is launching two new pilot programs to study increased flexibility in hours-of-service regulations,” said DOT. “The goal for each pilot is to gather data on whether giving drivers more control over their schedules can improve rest and enhance safety.”
OOIDA would also like to see the passage of the Guaranteeing Overtime for Truckers Act to prevent shippers and receivers from taking advantage of drivers’ inability to pause their clocks by making them wait for hours. OOIDA said that for the provisions to work appropriately, drivers must be in control of when they can pause their clock.
The Pro-Trucker Package also includes initiatives aimed at withdrawing speed limiter rulemaking, improving FMCSA’s driver resource page, reforming DataQs, modernizing the National Consumer Complaint Database, and maintaining the exemption for pre-2000 engines.
