OOIDA News

Important News

In April 2016, the Food and Drug Administration (FDA) passed the final piece of its Food Safety Modernization Act in efforts to protect foods from the farm to the table by keeping them safe from contamination during transportation. This final rule establishes requirements for shippers, loaders, carriers by motor vehicle and rail vehicle, receivers engaged in the transportation of food, including food for animals, to use sanitary transportation practices to ensure the safety of the food that they transport. The initial phase in period will begin April 2017 for large carriers, meaning those who earn over $500,000 annually, and culminate in April 2018 for small carriers. However, OOIDA has learned that many shippers and brokers may not offer loads to any carrier, regardless of size, if that carrier does not comply by April 2017.

The final rule adds accountability to all parties involved in the transportation of certain food items and thus requires them to undertake training while also retain specific records. The OOIDA Foundation currently offers two FREE modules on the FDA rule as part of our Online Business Education Series. In addition, the outline to the FDA rule can be viewed by clicking here.

Land Line News

The Business Magazine for the Professional Trucker

Land Line empcompasses informing truckers, the trucking industry and various government agencies about the issues related to the industry. News and feature articles are designed to keep professional truckers updated on legislation, industry activities and trends. Land Line Magazine has a direct mail circulation of more than 209,000 that includes owner-operators, small fleet owners and professional drivers.

Trucking Headlines for Wednesday, November 22, 2017

Land Line Now

Listen Online: Audio from the Show

"Land Line Now" is the first daily news and information program designed specifically for America's truck drivers. The show is broadcasted nationwide each day on Sirius XM Satellite Radio’s The Road Dog on Sirius XM Channel 146 from 7-8pm and 11pm-12am.

OOIDA Foundation White Papers

TitleDated 

A New Direction Needed For FMCSA

The Federal Motor Carrier Safety Administration (FMCSA) needs a new approach to meeting their stated mission objective of reducing crashes, injuries and fatalities involving large trucks and buses. In order for FMCSA to regain their credibility, the Agency needs an approach to highway safety that is: (1) Proactive and not reactive; (2) Based on accurate data; (3) Reliant upon "substantive safety" of scientific findings; (4) Based on effective counter measures for reducing crashes and their severity; and (5) Based on the utilization of true safety experts.

6/27/2014Request

A Performance Review of CSA indicates that CSA should be placed Out-of-Service and its Authority Revoked

While most of the criticism and discussion concerning CSA has centered on the accuracy of the data, the algorithms, the methodology, and its real world value, this paper examines the true factual performance of the CSA program for the five years of its implementation and demonstrates that it has been a total failure. CSA is exclusively an FMCSA initiative, and as such the Agency must take full ownership and responsibility for the program’s failure to achieve the Agency’s stated objective.

9/15/2016Request

A Synopsis of Transport Canada’s Electronic Logging Device Cost-Benefit Analysis

In response to FMCSA's Final ELD Rule, Transport Canada had released an updated cost-benefit analysis which estimated that a Canadian ELD mandate would generate a net benefit between $$127.5 and $288 million over a 10-year span. The following is a brief synopsis provided by the Owner-Operator Independent Drivers Association Foundation (OOFI), which is the research and educational arm of OOIDA, of Canada's the cost-benefit analysis.

8/30/2016Request

Analysis of Cost to Owner-Operators in Raising the Insurance Requirments

Representative Cartwright, an attorney who specialized in the representation of consumers in personal litigation, has introduced a bill in Congress to raise the public liability mandate to $4,422,000 for all commercial carriers with trucks weighing 10,001 pounds and greater. In order to justify his proposed bill, Rep. Cartwright utilized spiraling medical cost as a catalyst for mandating higher insurance coverage. Instead of seeing this as a reason to examine the escalating medical cost, he uses these out of control percentages, along with the CPI, to justify his bill.

12/4/2014Request

Analysis of Federal Motor Carrier Safety Policy: Reducing Fatalities with Increased Financial Responsibility

Dr. Robert Pritchard, a primary author of Volpe’s report on Financial Responsibility Requirements, wrote for his dissertation, a paper that called for increasing financial responsibility requirements. However, the paper was more of a political opinion piece than a dissertation. Although Mr. Pritchard admitted that the number and rate of crashes and fatalities have decreased steadily for the past ten years, he declared that the free market economy (Capitalism) has been a failure in regulating the trucking industry concerning safety.

11/21/2014Request

Analysis of FMCSA’s Inspection, Repair, and Maintenance; Driver-Vehicle Inspection Report (DVIR) Final Rule

In response to the Presidential Executive Order 13563, “Improving Regulation and Regulatory Review” (January 18, 2011), which was designed to remove significant information collection burdens without adversely impacting safety, FMCSA released the DVIR Final Rule. However, after reviewing the Agency’s calculations, OOFI has found the proclaimed net benefits to be a gross overestimation of the facts.

2/23/2015Request

Analysis of NHTSA’s Electronic Stability Control Systems for Heavy Vehicles Final Rule

In June 2015, NHTSA submitted a final rule mandating electronic stability control systems be equipped on truck tractors and large buses. However, OOFI found limitations within NHTSA's research, and while OOFI is not against technology, we highly question the ideology behind mandating ESC systems for every new truck. Moreover, OOFI strongly adheres to the fact that a professionally trained driver will be able to mitigate many untripped rollover type situations from ever occurring.

6/5/2015Request

Analysis of Volpe Report – Financial Responsibility Requirements For Commercial Motor Vehicles

FMCSA contracted the Volpe Center to evaluate the adequacy and effectiveness of the current minimum levels of financial responsibility for large trucks in response to MAP-21. The research team concluded, “The findings overall provide preliminary justification in favor of increasing the current levels of financial responsibility.” However, the report is perforated with evidence and statements that are contrary to the study’s conclusion.

12/3/2014Request

Are Enterprise Carriers More Safe than United States-Based Carriers: Fact or Fiction

In January 2014, the Congressional Research Service released a report in which the following question was posed, “Are Mexican trucks less safe than United States trucks?” However, CRS attempted to compare inspection and OOS rates of 14 Mexican carriers, which accumulated 1,646 inspections in 2013, with OOS rates for over 500,000 U.S. carriers, which had approximately 3.5 million inspections. By utilizing FMCSA data, OOFI demonstrated that Mexican and enterprise carriers are not held to the same standard as US-domiciled carriers, and if the OOS rates for equivalent violations were administered equally, the data would show that US-domiciled carriers have a better safety performance.

12/29/2014Request

Comparison of FMCSA and FAA Medical Handbooks

OOIDA is concerned with the lack of uniformity of certified medical examiners across the nation, as well as the information found in the FMCSA Medical Handbook, which may have negative and unintended consequences for small business owners and professional truck drivers subject to the regulations. In order to promote harmony among the MEs practices and to prevent possible bias, OOIDA believes that FMCSA should take a closer examination of its medical guidance, along with studying the FAA medical guidebook as a model. The Association suggests that FMCSA should restructure their Handbook after the FAA Guide for Medical Examiners.

9/12/2014Request

Entry-Level Driver Training

Although a legal basis for truck driver training has been established since 1935, currently there are no federal or state requirements that tractor-trailer drivers receive formal training as a condition for licensing and there are no minimum federal standards governing the training that may be provided. OOIDA is a strong advocate for entry-level driver training, which will improve highway safety for all motorists, including both private and commercial segments.

10/19/2012Request

EPA/NHTSA Phase 2: Concerns for the Owner-Operator

In February 2014, President Obama directed the EPA and NHTSA to create the second phase of medium- and heavy-duty vehicle fuel efficiency and GHG standards, which are estimated to take effect March 31, 2016. In developing the second round of standards, the two agencies will consider and assess advanced technologies. Nonetheless, OOIDA desires to bring to light the concerns and issues that the small business owner-operator has with these technologies, and to make sure their voice is heard during the developing of the next Phase of fuel efficiency and GHG regulations.

3/4/2014Request

EPA's Myopic Cost Benefit Analysis

The EPA has been myopic in its determination and mission to improve the quality of air. While certainly laudable in intent, the ensuing unintended consequences have actually resulted in the loss of jobs, fewer choices in engine configuration, and less people investing in the technology. The unrealistic expectations of engine manufacturers, the underestimation of costs, the failure to anticipate the risk aversion of buyers, and a lack of understanding of the trucking industry have all contributed to undermining the environmental goals of EPA, and have intensified the mistrust and judgment of the agency as well.

11/3/2014Request

Examination of Publically Available Data from FMCSA on CSA Scores and Motor Carriers 2016

The premise behind safety technologies such as ELDs and Speed Limiters is that they will increase HOS compliance and eliminate speeding, thus increasing on-road safety by reducing crashes. However, when analyzing real-world data, the proclaimed safety benefits of these devices are not evident. Instead, the data tells a different story altogether by indicating that carriers that utilize such safety technologies experience more crashes than those carriers that do not.

12/22/2016Request

Idiosyncratic Practices of State Enforcement Agencies by Region

A number of concerns have been voiced concerning the CSA program, one of which is the lack of uniformity across the different states and local governments. Without taking these geographic anomalies into account it is impossible for FMCSA to accurately or effectively utilize CSA to fulfill its mission. Until there is uniformity within both the inspection process and the reporting program that holds carriers and/or drivers to a single standard, the data which is presently available is unreliable.

5/23/2016Request

Meeting the Challenges of Reaching Long-Haul Truck Drivers with Health and Wellness Information and Coaching

Unfortunately, over the years, many health and wellness programs have failed to reach the long-haul truck driver. In 2014, OOIDA partnered with Human Factor Health in order to develop the first wellness program to achieve just that. The pilot program, called Well For Life, was a monumental step forward in OOFI's desire to educate the truck driver with health and wellness information.

6/8/2015Request

Myths and Statistics: Edition I

Myths and statistics is a living research report that focuses on a number of statements which are commonly made about the trucking industry and are often accompanied by “statistics” in order to supposedly verify those statements. Unfortunately, many of these statements are taken at face value and accounted as fact. The OOIDA Foundation has taken some commonly held “statistic backed statements” concerning the trucking industry, and looked at the facts that counter these self-validating statements.

5/8/2015Request

Review of FMCSA Studies

The primary mission of the Federal Motor Carrier Safety Administration (FMCSA) is to reduce crashes, injuries and fatalities involving large trucks and buses. In pursuit of its mission, the Agency has conducted numerous studies to support their proposed rulemakings. However, the OOIDA Foundation, while examining and analyzing FMCSA’s research, has discovered a pattern of manipulation and falsification of data.

1/26/2015Request

Review of FMCSA's Attitude of Truck Drivers and Carriers on the Use of Electronic Logging Devices and Driver Harassment

According to the study published by FMCSA, “The evidence in this survey research does not support concluding that harassment occurs due to being in a situation where HOS are logged using electronic logging devices.” However, the study’s own research validated that not only is harassment possible by using an ELD, but that it is also instituted by carriers that utilize ELDs, and that ELDs can in fact be cheated. Therefore, it is evident that ELDs do not increase HOS compliance, but can contribute to the overall problem of fatigue. Hence, FMCSA’s premise for the mandatory use of ELDs for all CMV drivers is not supported by their own research.

11/18/2014Request

Review of FMCSA's Evaluating the Potential Safety Benefits of Electronic Hours-of-Service Recorders Final Report

The entire premise behind safety benefits associated with the installation and use of EHSRs involves the improvement of HOS compliance, which in turn would reduce fatigue, resulting in fewer crashes. Nonetheless, the study did not find any safety benefit between the EHSR and non-EHSR equipped carriers for US DOT-recordable and fatigue-related crashes. Therefore, the hypotheses that EHSR equipped trucks are more compliant with the HOS regulations, thus reducing the drivers’ fatigue, and mitigating crashes is false.

5/15/2014Request

Summary of the Affordable Care Act: The Effect on Owner-Operators and Professional Employee Drivers

The Patient Protection and Affordable Care Act is set to go into effect January 2014, and requires most United States citizens and legal residents to have health insurance. Unfortunately, the regulations of the ACA could be detriment to the owner-operators and the professional employee drivers. While some individuals and families will be able to receive premium tax credits and subsidies to help them afford health coverage, the average owner-operator earns too much gross income to be eligible. The self-employed business owner will have to go through the individual market Exchange in order to purchase health coverage.

7/1/2013Request

The Case Against FMCSA

Unfortunately, the pressure to continuously reduce accidents and fatalities on the roadway has created a systemic infection within FMCSA where bureaucratic government employees, with no transportation experience, make policy and oversee the agencies agenda. It is time that a realistic examination of FMCSA be conducted in order to stop the zealous self-aggrandizement that will force the small business-trucking firm out of business.

6/27/2014Request

The Truth about Obstructive Sleep Apnea

A proposal to screen drivers for OSA, especially when FMCSA’s own research and data demonstrate that there is no valid or reliable evidence which shows that sleep apnea is the cause for CMV crashes, is not an effective effort to improve highway safety. OOFI therefore strongly recommends that no further effort to screen CMV operators for OSA should proceed without true empirical research showing a definitive link to CMV safety.

1/4/2017Request

OOIDA Foundation One Pagers

TitleDated 

A Performance Review of CSA indicates that CSA should be placed Out-of-Service and its Authority Revoked

While most of the criticism and discussion concerning CSA has centered on the accuracy of the data, the algorithms, the methodology, and its real world value, this one pager examines the true factual performance of the CSA program for the five years of its implementation and demonstrates that it has been a total failure.

10/3/2016Request

CSA 101

Compliance, Safety, Accountability (CSA) is a FMCSA enforcement and compliance tool designed to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities. Stakeholders however, have expressed numerous concerns about the programs accuracy and reliability.

1/19/2015Request

Current 34 Hour Restart

There are four categories in the hours-of-service regulations that determine the maximum time that a driver is able to drive and work in a given period. The following one-pager briefly summarizes the benefits and usage of a voluntary 34-hour restart.

5/6/2016Request

Detention Time

Detention time, or in particular the period that a driver is not paid while he or she waits to be loaded or unloaded, is an issue of primary concern for the trucking industry. In a recent survey conducted by the OOIDA Foundation, approximately two thousand respondents expressed their professional opinions and experience with detention, many of whom felt that detention time not only impacted their financial livelihood but that it also negatively impacted safety on the roadways.

1/29/2016Request

Differential Speed Limits Make Roads Less Safe

Numerous research demonstrates that speed differentials produce unsafe roadways by increasing interactions between vehicles. The introduction of speed limiters for large trucks will create speed differential on our highways and thereby increasing the risk of an accident

5/19/2016Request

Examination of Publically Available Data from FMCSA on CSA Scores and Motor Carriers - Summary

The premise behind safety technologies such as ELDs and Speed Limiters is that they will increase HOS compliance and eliminate speeding, thus increasing on-road safety by reducing crashes. However, when analyzing real-world data, the proclaimed safety benefits of these devices are not evident. Instead, the data tells a different story altogether by indicating that carriers that utilize such safety technologies experience more crashes than those carriers that do not.

12/2/2015Request

Hair Testing

While proponents of hair testing claim that it is a safety issue, the facts clearly demonstrate that hair testing in lieu of urinalysis is a solution in search of a problem.

5/24/2017Request

Hours of Service Comparison Chart

In December 2014, Senator Susan Collins (R-Maine) introduced an amendment to revise certain provisions of the hours-of-service regulations, which essentially forced FMCSA and the States to revert back to the enforcement of the pre-July 1, 2013, 34 hour restart provisions. The following chart shows the difference between the previous HOS rules and what is currently required.

12/16/2014Request

Minimum Financial Responsibility

FMCSA has recently been examining the financial responsibility requirements even though their own data demonstrates that there is no relationship between safety and insurance coverage. While the Agency is considering increasing the liability insurance requirements, OOFI has noted that just a 5% increase in premiums per power unit would add $779 million in costs to the trucking industry.

9/28/2015Request

Speed Limiters will Negatively Impact Safety

Speed limiters are electronic controlled modules that interact with a truck engine and are capable of limiting the maximum speed of a truck. OOIDA opposes a mandate for speed limiters as such a mandate would increase the interaction between large trucks and passenger vehicles, thereby decreasing overall highway safety.

5/19/2016Request

The Dangers of Lane Restrictions

A number of statehouses today are considering lane restrictions for CMVs with the assumption that it will reduce congestion and travel delays while also improving safety, pollution, and economic activity. Research has demonstrated however that truck lane restrictions are difficult to enforce, accelerate pavement deterioration, create speed differentials, and increase merging conflicts and crashes.

5/31/2017Request

The Truth About Fatigue

The concept or definition of fatigue is frequently misunderstood and misstated, thus causing confusion and the misperception that fatigue is a leading cause of large truck crashes.

4/19/2017Request

The Truth about Highway User Fees

There is a general misperception today that the trucking industry does not pay their fair share of taxes into the Highway Trust Fund. However, nothing could be farther from the truth.

5/22/2017Request

The Truth about Obstructive Sleep Apnea

A proposal to screen drivers for OSA, especially when FMCSA’s own research and data demonstrate that there is no valid or reliable evidence which shows that sleep apnea is the cause for CMV crashes, is not an effective effort to improve highway safety. OOFI therefore strongly recommends that no further effort to screen CMV operators for OSA should proceed without true empirical research showing a definitive link to CMV safety.

1/5/2017Request

The Truth about Speed Limiters and Safety

Utilizing publically available information on the SMS, OOFI has found that many of the large carriers who have been pushing for a speed limiter mandate have poor safety records compared to carriers of similar size who do not have speed limiters installed

9/23/2016Request

Tolling

Perhaps the biggest issue facing American’s infrastructure today is how to pay for it as the government searches for viable options to finance various transportation projects. One funding option that has continued to reemerge over the years is tolling even despite its poor record as a viable alternative.

4/26/2017Request

Truck Driver Shortage: A Myth or Reality

While ATA and other large motor carriers continue to claim that there is a driver shortage in the trucking industry, OOFI has found that the facts state otherwise.

9/23/2016Request

Unified Carrier Registration 101

In August 2005, the Unified Carrier Registration Act (UCR Act) was established by federal law as an interstate agreement between the States to govern the collection and distribution of motor carrier registration information and generated fees. The UCR applies to all interstate motor carriers and entities that are required to register with FMCSA, including those that are based in Canada and Mexico.

1/5/2016Request
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