policies of the american trucking associations, inc. docs/get involved/policy committees/ata...
TRANSCRIPT
POLICIES
OF THE
AMERICAN TRUCKING ASSOCIATIONS, INC.
These ATA policy documents are current as of October 25, 2017, and may contain legally privileged
and confidential information intended solely for the use of ATA members and staff. Information
contained herein may be modified. These policies shall not be disseminated or otherwise used in any
manner without the express permission from ATA.
TABLE OF CONTENTS
A. BUSINESS TAXES [10/94] A-1
1. Federal Income Taxes
2. State and Local Income Taxes
3. State and Local Business Taxes
B. ECONOMIC REGULATION [10/01] B-1
1. Federal [10/01]
c. New Detention Time [05/11]
2. State
C. ENERGY [10/09] C-1
1. Pricing
2. Availability
3. Conservation [10/04]
4. Alternative Fuels [10/05]
a. Biodiesel [10/05]
b. Natural Gas [10/09]
5. Carbon Emissions [10/10]
D. ENVIRONMENT [10/07] D-1
1. Clean Air [10/06]
2. Noise
3. Water and Land Resources
4. Fuel Efficiency [02/07]
5. Encourage Carrier & Shipper Participation in SmartWay sm [10/07]
6. Idling [10/07]
E. EQUIPMENT [10/09] E-1
1. Onboard Technology [02/10]
2. Incident and Event Data Recording
3. Vehicle Tracking and Identification
4. Performance-Based Brake Testing [10/06]
5. Crashworthiness [10/08]
6. Automated Emergency Brake System [10/15]
7. Automated Truck Policy [12/17]
a. Safety
b. Flow of Interstate Commerce
c. Federal Preemption and State’s Rights
d. Uniform State Laws
e. Freedom of Choice vs. Mandates
f. Infrastructure and Connectivity
g. Public Education
h. Maintainability
TABLE OF CONTENTS (continued)
F. HAZARDOUS MATERIALS [06/08] F-1
G. HIGHWAYS [10/06] G-1
1. Responsibility of the Federal Government
2. Responsibility of State and Local Governments
3. Truck Mobility
4. Tolls [10/06]
5. Sizes and Weights [10/11]
6. Grandfather Clause
H. HIGHWAY TAXES [10/94] H-1
1. State Highway Taxes
I. INTERMODAL TRANSPORTATION [10/94] I-1
1. Intermodal Operating Environment
2. Intermodal Infrastructure
3. Intermodal Equipment and Highway Safety
J. INTERNATIONAL COMMERCE [10/94] J-1
1. Containers
2. Economic Regulation
3. Immigration
4. Customs
5. Equipment Imports
6. Registration
7. Drivers Licenses
8. Sizes and Weights
9. Environmental
10. Safety Standards
11. Business Taxes
K. LABOR [02/00] K-1
1. Equal Employment Opportunity
2. Workers' Compensation
3. ERISA
a. Multi-employer Plans
b. Single Employer Plans
4. Workplace Safety and Health
a. OSHA Reform
5. Pre-Employment Screening
6. Dual-Shop Facilities
7. Exemption of Management Trainees from Provisions of Fair Labor Standards Act
8. Fringe Benefits
9. Apprenticeship Programs
10. Federal Assistance for Driver Education/Training Programs
TABLE OF CONTENTS (continued)
11. Labor-Management Relations
a. Due Process in Labor Disputes
b. Work Preservation
c. Striker Replacement
d. Corporate Campaigns
L. INDEPENDENT CONTRACTORS [10/94] L-1
1. Status
2. Lumping
M. SAFETY [02/10] M-1
1. Jurisdiction
a. Legislative
b. Regulatory
2. Driver
a. Entry Level Driver Training [02/07]
b. “Share the Road” Education and Testing [10/09]
c. Uniform CDL Testing Standards [10/08]
d. Road Tests
e. Graduated Drivers License [10/08]
f. One License
g. Employee Qualifications
(1). Employer Notification System [10/08]
(2). Drug and Alcohol
(a). Reduction of alcohol related fatalities and injuries [10/08]
(b). Sale of Alcohol at Truck Stops
(c). Testing
i. National Clearinghouse for Positive Drug and Alcohol Test Results
[10/08]
ii. Pre-employment Testing
iii. Testing for Reasonable Cause
iv. Post-Accident Testing
v Random Testing
vi. Optional Testing
vii. Advance Notice
viii. Driver Training School Testing
ix. Alternate Specimens
(d). Rehabilitation and disqualification
h. Driver performance
(1). Hours of Service
(2). Sleep Disorders
(3). Truck Parking [10/08]
(4). Safe Use of Technology [02/10]
(5). Car-Truck Driver Behavior [10/08]
(6). Automatic Enforcement [10/07]
(7). Speed Limit [10/08]
(8). Speed Governing [10/08]
(9). Distracted Driving [05/16]
TABLE OF CONTENTS (continued)
3. Vehicle
a. Applicability of Federal Motor Carrier Safety Regulations
b. Crashworthiness [10/08]
c. Electronic On-Board Recorders [05/11]
d. Identification/Marking on Trucks
e. Brake Adjusting Responsibilities
f. Seat Belts [10/08]
g. Vehicle Inspections
4. Motor Carrier
a. New Entrants [10/08]
b. National Driver Register
c. Driver Information Resource (DIR) [10/08]
d. National Registry of Certified Medical Examiner [10/08]
e. Safety Ratings
f. Penalties
5. Other
a. Work Zone Safety [05/16]
N. SECURITY [10/15] N-1
1. Prevention
2. Prosecution
3. Department of Defense
O. TRANSPORTATION [10/04] O-1
1. Research and Development
2. Government Traffic
3. Insurance
4. Tort Reform [06/08]
A-1
A. BUSINESS TAXES 1
Taxes are levied for the purpose of obtaining essential government revenues with the 2
least detrimental effect on taxpayers and on economic growth. Government should avoid 3
deficit spending. When deficits occur, every effort should be made to reduce or eliminate 4
them through reduced spending, and not by increasing taxes. Tax collections should not 5
surreptitiously benefit from inflation. 6
7
The tax system should encourage investment necessary for national industrial growth, 8
production, employment and trade. The tax system should be neutral as to investment in 9
different types of capital equipment. Business taxation should encourage reinvestment of 10
earnings in sufficient amounts to promote healthy economic progress. 11
12
The tax system should be neutral among all types of legitimate employment and 13
contractual arrangements and should specifically not discriminate against independent 14
contractors. The federal and state governments should not require businesses to withhold 15
taxes for the independent contractors that the businesses use. 16
17
1. FEDERAL INCOME TAXES 18
The federal tax system should be made as simple and equitable as possible for 19
taxpayers. The tax code should not place an unreasonable administrative burden on 20
the taxpayer. The government’s cost to collect and the taxpayers’ cost to comply 21
should be nominal in relation to revenues generated. 22
23
Changes to the tax code should be made in a thorough, deliberate, and explicit 24
manner. In general, all businesses should be taxed at similar effective tax rates. In 25
A-2
particular, the Code should be structured so that all modes of transportation are 1
taxed at fair, equitable and comparable levels. 2
3
2. STATE AND LOCAL INCOME TAXES 4
States and local governments which impose income taxes should be 5
encouraged to adopt the federal Internal Revenue Code to minimize the unreasonable 6
administrative burdens and inequities that separate state tax codes create. 7
8
3. STATE AND LOCAL BUSINESS TAXES 9
The U.S. Congress should grant the interstate trucking industry protection 10
from state tax discrimination, including access to federal district courts similar to that 11
protection now afforded railroads, air carriers and electric utilities. 12
13
Cities, towns, counties and other local political subdivisions should be 14
precluded from levying taxes and fees on motor carriers, unless the motor carrier has 15
a terminal location or other meaningful business presence within the city, town, 16
county or local political subdivision. 17
B-1
B. ECONOMIC REGULATION 1
Transportation services that are provided by interstate motor carriers of property are an 2
essential element of the national economy. In order to have an efficient, safe, economical and 3
profitable for-hire transportation system, there should be nationwide uniformity in the laws and 4
regulations applicable to the operating practices of for-hire motor carriers. To attain this nationwide 5
uniformity, ATA supports maintaining an insulated transportation agency with the responsibility and 6
authority to establish national standards governing the operations of for-hire motor carriers. 7
8
1. FEDERAL 9
a. To ensure stable, qualified and safe motor carrier transportation to the general 10
public, ATA supports federal economic regulation of the motor carrier of 11
property industry as follows: 12
i. Establishment or maintenance of national uniform rules governing: 13
cargo liability (including liability limitations based on declared value 14
or a base rate liability system); and uniform operating practices (such 15
as but not limited to uniform bills of lading and credit rules). However, 16
nothing should restrict the ability of a carrier to modify the above rules 17
through the use of a contract. 18
ii. Licensing of motor carriers based on safety fitness and compliance 19
with federal financial responsibility laws and regulations. The 20
licensing and insurance requirements should apply to all motor carriers 21
and commercial vehicle operators. 22
iii. Preservation of the existing state tax exemptions and similar 23
exemptions currently granted to for-hire motor carriers and expansion 24
of such exemptions to all motor carriers. 25
B-2
iv. Enforcement of truth in billing in accordance with the provisions of 49 1
U.S.C. Sections 13708 & 14901. 2
v. Establishment and enforcement of administrative or legislative rules 3
enacting a code of conduct for brokers, including establishing and 4
recognizing a fiduciary responsibility and liability of third party 5
service providers such as brokers with respect to freight charges 6
collected from shippers until payment of said charges has been made 7
to motor carriers. The rules should also ensure the maintenance of 8
performance bonds in the amount of $250,000 by brokers to assure 9
payment of all transportation charges to motor carriers. 10
vi. Maintenance of federal regulations providing uniform guidelines 11
governing the relationship between independent contractors and for-12
hire motor carriers. 13
vii. Equitable treatment of all transportation modes. 14
viii. Continuation of economic and consumer regulation of the interstate 15
transportation of household goods by the U.S. Department of 16
Transportation. 17
ix. There should be national uniform rules for financial responsibility of 18
all motor carriers (including insurance filing requirements and self-19
insurance authorization) and rules governing the leasing of 20
independent contractors. 21
22
b. ATA also supports prohibition of any state program or requirement that for-23
hire motor carriers file federal operating authority or proof of federally-24
required insurance coverage or to pay any fee for providing evidence of 25
B-3
federal operating authority, evidence of insurance, or otherwise evidencing 1
compliance with federal laws and regulations. 2
c. NEW DETENTION TIME 3
ATA generally opposes government intervention in motor carrier-customer 4
contractual arrangements that affects rates, routes or services. Federal 5
legislation or regulations aimed at governing compensation for the amount of 6
time a driver and/or equipment is held up at a shipper or receiver waiting to 7
load or unload (“detention time”), would have a direct impact on rates and 8
change the economic bargain struck by carriers and their customers. Motor 9
carriers greatly value driver time and productivity. ATA believes that 10
detention time is not a problem in need of, or amenable to, a one size fits all 11
regulatory solution and is therefore best addressed through agreements 12
between carriers and their customers. 13
2. STATE 14
To ensure stable, qualified and safe transportation to the general public ATA supports 15
preemption by the federal government of any enactment or enforcement of any state law, rule, 16
or regulation which has the effect of regulating the prices, services or routes of intrastate motor 17
carrier service, as follows: 18
a. ATA supports authorization by the states of regulatory provisions such as: 19
uniform cargo liability rules; antitrust exemption for interlining (joint rates and 20
routes); commodity classification and uniform mileage guides; financial 21
fitness of motor carriers (insurance requirements and self-insurance 22
authorization); and uniform operating practices (such as uniform bills of 23
lading, credit rules, independent contractor leasing rules and regulations). 24
Motor carriers should have the right to elect whether to be subject to state 25
B-4
provisions not related to safety or insurance. 1
b. ATA supports continuation of state tax exemptions and similar exemptions 2
that for-hire carriers now have and expand such exemptions to all motor 3
carriers. 4
c. ATA supports providing the right for carriers to tax write-offs of the reduction 5
in value of state economic operating authorities caused by the federal statutory 6
change, if not already available under current law. 7
d. ATA supports providing a level playing field by giving the broadest 8
interpretation of eligibility as to which motor carriers qualify as exempt from 9
state economic regulation including enactment of federal legislation necessary 10
to allow all motor carriers (other than household goods carriers) to enjoy the 11
same benefit and rights in intrastate commerce. 12
e. ATA supports continuation of state economic regulation of the intrastate 13
transportation of household goods. 14
C-1
C. ENERGY 1
Transportation in America depends almost exclusively on liquid petroleum fuels. The 2
continued economic viability of the trucking industry is dependent on an adequate and reasonably 3
priced fuel supply. 4
5
1. PRICING 6
The trucking industry supports a free-market approach to the pricing of 7
petroleum products. Should the free-market approach fail and price controls be 8
established, those controls should apply to all petroleum products and services. 9
10
2. AVAILABILITY 11
An uninterrupted fuel supply is essential to meet the nation's transportation 12
needs. Should the free-market approach fail to provide adequate allocation of fuel 13
supplies to essential users such as trucking on a priority basis, the trucking industry 14
supports a government mandated allocation of fuel supplies to bulk or wholesale 15
purchasers with priority status. At a minimum, commercial vehicles should receive 16
100 percent of the current requirements. 17
18
Forced contingency efforts of the government to reduce fuel consumption 19
artificially must distinguish between commercial and discretionary users of fuel. The 20
trucking industry supports rationing only as an extreme measure provided a distinction 21
between commercial and discretionary users is maintained. 22
23
24
C-2
The trucking industry supports the goals of increased national energy self-1
sufficiency and reduced vulnerability to future energy disruptions. Therefore, the 2
industry supports government efforts to promote offshore exploration and 3
development of domestic oil and natural gas reserves on a timely basis. 4
5
3. CONSERVATION 6
Energy conservation should rely on an established fuel economy effort 7
applicable to all users. The trucking industry supports increased fuel economy for 8
commercial medium- and heavy-duty on-highway vehicles through minimum 9
government standards, subject to the following caveats: 10
a. Fuel economy standard improvements must be achievable without 11
compromising the performance of individual commercial vehicle 12
applications; 13
b. Fuel economy standards must be technologically and economically 14
feasible; 15
c. Fuel economy standards should be revised periodically, but not more 16
frequently than every five years; and 17
d. Fuel economy standards must provide OEMs with an appropriate lead 18
time of at least four full model years before taking effect. [06/08]1 19
20
The price of fuel should not be increased artificially through government 21
action to encourage conservation. Regressive, incentive distorting taxes on energy 22
23
1 ATA Policy was changed to incorporate fuel economy standards for medium and heavy duty on-highway vehicles.
C-3
production and use should be eliminated. To conserve motor fuel and promote safety, 1
the trucking industry supports a 65-mph speed limit. [10/04] 2
4. ALTERNATIVE FUELS 3
The trucking industry supports a single national diesel fuel standard. The 4
trucking industry supports voluntary research, investigation and demonstration 5
projects that evaluate the feasibility and cost-effectiveness of using alternative fuels 6
in commercial fleet vehicles. The trucking industry does not support state or 7
municipal government mandates to use alternative fuels. [10/05] Alternative fuel 8
programs should be “fuel-neutral,” not recommending or mandating the use or 9
favoritism of any specific alternative fuel. The marketplace and fuel consumers are 10
best suited to make decisions regarding the use of new fuels. 11
Alternative fuels should not be exempt from the payment of highway taxes or 12
other fees to maintain the network of roads. An equitable taxation program is central 13
to the most effective use of alternative fuels on our nation’s highways. Federal and 14
state tax incentives to encourage the use of alternative fuels, including biodiesel, are 15
appropriate, provided, however, that no such incentives, at either the federal or state 16
level, should be financed out of or reduce funds collected or otherwise designated for 17
transportation funding. [10/05] 18
Reformulated or clean petroleum-based fuels – such as clean diesel and 19
reformulated gasoline – should be included as eligible clean alternative fuels. 20
21
a. BIODIESEL - The use of biodiesel, in blends of up to 5% (i.e., B5), 22
is an appropriate means to increase the supply of diesel fuel, provided that the 23
biodiesel blend meets the ASTM D975 standard for on-road diesel fuel. [10/05] 24
25
C-4
b. NATURAL GAS – Natural gas should remain a voluntary 1
alternative fuel. The trucking industry supports financial incentives to encourage 2
trucking companies’ use natural gas, provided that those financial incentives do not 3
reduce money allocated to the highway trust fund. The trucking industry opposes 4
government actions that artificially increase the cost of diesel fuel compared to 5
other transportation fuels. [10/09] 6
7
5. CARBON EMISSIONS 8
Carbon emission reductions achieved through national truck fuel economy 9
standards are preferable to government actions that increase fuel prices in an effort 10
to discourage petroleum-based diesel fuel consumption or mandate the use of 11
alternative fuels. While any federally-mandated carbon control program applied to 12
transportation fuels likely will increase the cost of fossil fuels, discussions of carbon 13
control programs should be premised on the following fundamental principles 14
designed to minimize disruptions to the transportation of goods and to protect the 15
viability of the trucking industry: 16
Produce cost-effective, verifiable carbon reductions; 17
18
Ensure that revenue generated from motor carriers and other highway 19
transportation consumers benefits highway users; 20
21
Ensure that any increased costs are reasonable, predictable and do not 22
increase the volatility of fuel prices; 23
24
Avoid diesel fuel supply disruptions and ensure that only on-road diesel 25
fuel that meets the ASTM standard for which trucks were designed to run 26
on is sold in the marketplace; 27
28
Maintain a level playing field among freight transportation modes; and 29
30
Provides incentives for improved fuel efficiency and availability of 31
alternative technologies. 32
33
D-1
D. ENVIRONMENT 1
The members of the ATA are committed to the maximum practical reduction of all types of 2
pollution from commercial truck operations, vehicle maintenance and other industry facilities. The 3
trucking industry supports the practice and goals of the prevention of pollution of the air, water or 4
land. 5
6
The trucking industry supports laws, regulations and enforcement directed at these objectives, 7
when based on sound science. In all cases, the costs and benefits of environmental policies, 8
regulations, or programs must be considered against quantifiable health, social and other benefits and 9
risks to society. To the greatest extent possible, the trucking industry supports the adoption of uniform 10
environmental standards and regulatory approaches at the federal, state and local levels. 11
12
Maintenance procedures should reflect a sincere determination to control, reduce and prevent 13
excess emissions of smoke and gases, and prevent against unlawful tampering with engine emissions 14
controls. Employee training on engine performance and driving techniques should be emphasized. 15
16
1. CLEAN AIR 17
Health-based ambient air quality standards are necessary to provide a clean, healthful 18
environment for all Americans. The trucking industry supports the goal of clean air and calls 19
for amendments in the Clean Air Act to achieve this national objective. 20
21
The best way to reduce the contribution heavy-duty trucks make toward air pollution 22
is to set emission standards in a manner that allows for, and encourages, improvements in 23
productivity and fuel efficiency. The standards established for pollutant emissions should be 24
technologically feasible. 25
D-2
1
All truck owners and operators should observe operational practices in compliance 2
with laws and regulations that lead to the best environment possible with presently existing 3
equipment. The trucking industry supports the practice of roadside diesel smoke emissions 4
testing and inspections, as necessitated by state air quality needs and concerns, in lieu of 5
periodic emissions inspections. Roadside testing of excessively emitting vehicles best 6
accomplishes the goal of identifying and encouraging the repair of vehicles that exceed 7
desirable smoke emissions levels, while periodic emissions inspections impact and penalize 8
all diesel vehicles, including those that are well-maintained and operating within state and 9
federal smoke emissions guidelines. The trucking industry supports an aggressive regular 10
preventative maintenance program according to the manufacturer’s specifications as the best 11
way to assure minimal smoke emissions levels. 12
13
Roadside smoke testing programs of excessively smoking vehicles should apply to all 14
vehicles. Roadside smoke testing programs should be technologically feasible, economically 15
reasonable, and should not represent an undue burden for properly maintained and operated 16
vehicles. In recognition of the interstate nature of the trucking industry, and to ensure that the 17
industry does not need to meet conflicting state standards, new state testing programs must be 18
as consistent as possible with other state and regional in-use testing programs. 19
20
In-use smoke emissions testing should be conducted using commonly developed and 21
endorsed test procedures, specifically the snap acceleration test, Method J1667, developed by 22
the Society of Automotive Engineers (SAE) in conjunction with government and industry. 23
24
Enforcement of smoke emissions standards should be conducted by properly trained 25
D-3
state officials with the purpose of encouraging owners to repair excessively smoking vehicles 1
and should provide for due process for vehicle owners that are issued citations. To the greatest 2
extent possible, standards for in-use vehicles should be those identified and endorsed by the 3
SAE workgroup and the US Environmental Protection Agency and should take into account 4
any appropriate adjustments as provided by SAE Method J1667. In no case should the 5
enforcement standards fail an engine in good operating condition and set to manufacturers’ 6
specifications. 7
8
In order to improve air quality, and reduce greenhouse gases, the ATA advocates 9
and will support activities that would lead to global harmonization of highway diesel engine 10
emission requirements. It is our belief that the engine development effort currently being 11
spent to comply with multiple emission standards could be better spent complying with a 12
single global highway standard while maintaining or improving fuel consumption. This 13
policy does not endorse a particular technology. [10/06] 14
15
2. NOISE 16
The trucking industry supports efforts to control noise emissions from all forms of 17
transportation. Federal preemption is the cost-effective means of controlling noise from 18
mobile sources engaged in commerce. The industry supports national uniformity of treatment 19
for the trucking industry in noise emissions standards and enforcement procedures. 20
21
Noise reduction requirements should be cost-effective and strike a balance between 22
essential reductions in noise and operating efficiencies. Standards for in-use vehicles should 23
be based on new vehicle standards, but should allow for normal wear. 24
25
D-4
3. WATER AND LAND RESOURCES 1
Pollution of our nation's water system and supply should be controlled. The trucking 2
industry supports efforts to meet environmental goals without undue costs to the trucking 3
industry. 4
5
The trucking industry supports reasonable regulations to prevent and control leaking 6
underground petroleum storage tanks. Reasonable regulations would be those that do not 7
require exotic, expensive and/or unproven tank monitoring systems. 8
9
The trucking industry opposes the imposition of fees on motor carriers for any special 10
funding for clean up of leaking storage tanks. The cost of clean up should be imposed on the 11
owner(s) (past or present) of any leaking underground storage tank and not on other parties 12
who have not contributed to the problem. The majority of such tanks were never used by 13
motor carriers. 14
15
D-5
4. FUEL EFFICIENCY [02/07] 1
In order to improve air quality, reduce greenhouse gases, and conserve fuel, ATA supports 2
measures to improve fuel efficiency. ATA will promote the use of the term “fuel efficiency” in its 3
policies, legislative activities, and overall nomenclature. [02/07] 4
5
Historically, there has been a trade-off between diesel emission reductions and fuel efficiency. 6
To address this concern, ATA supports actions to improve coordination between federal agencies to 7
advance fuel efficiency in the trucking industry. [02/07] 8
9
5. ENCOURAGE CARRIER & SHIPPER PARTICIPATION IN SMARTWAYSM [10/07] 10
In order to reduce greenhouse gases, advance fuel efficiency, improve air quality, and achieve 11
greater national energy independence, ATA strongly encourages both carrier and shipper participation 12
in the EPA SmartWaysm Transport Partnership Program. [10/07] 13
14
6. IDLING [10/07] 15
ATA endorses pursuing a federal solution that reduces non-discretionary idling through 16
highway infrastructure improvements and reduces discretionary idling through financial incentives 17
for technology improvements. [10/07]18
E-1
E. EQUIPMENT 1
Motor carriers have the responsibility of operating safe and efficient equipment. 2
3
The federal government should set engineering (including reliability) performance standards 4
for new truck equipment to ensure safe and efficient operations. Standards for new and in-service 5
truck equipment should be based on sound economic and engineering principles that enhance safety. 6
7
Federal rulemakings on engineering standards for new truck equipment should address 8
performance capability and not design technology. Performance standards should be cost-effective. 9
Standards for trucks in use must consider new vehicle standards, fair wear and tear, and the consumer's 10
ability to comply. 11
12
The federal government, not state or local governments, should have exclusive jurisdiction 13
over equipment performance standards. 14
15
The trucking industry is eager to work with all parties in assuring that future equipment 16
developments are safe, efficient, reliable, long-lived and easily maintained. 17
18
1. ONBOARD TECHNOLOGY [02/10] 19
ATA supports the development, testing and use of cost-effective on-board 20
technologies that improves vehicle safety, driver performance, productivity, vehicle 21
maintenance, and management. ATA should support federal motor vehicle safety standards 22
for those technologies which have a proven significant safety benefit and a reasonable cost. 23
24
25
E-2
2. INCIDENT AND EVENT DATA RECORDING 1
In order to utilize the benefits of new technologies to improve highway safety and 2
efficiency, while at the same time providing appropriate protection against the misuse of 3
information in regulatory enforcement and civil litigation, the trucking industry supports the 4
creation of reliable data parameter standards for accident reconstruction purposes for use with 5
future engine and vehicle components. The industry will support such standards only if: 6
a. they are developed and implemented for all vehicles, including 7
passenger cars, concurrently; 8
b. all vehicle owners and operators are properly protected against the use 9
of electronically generated data in regulatory enforcement and civil litigation; 10
c. data are anonymous and used for safety research and trend analysis by 11
a single lead agency or institution; 12
d. reasonable privacy can be assured regarding access and use of the 13
information; 14
e. access to data is controlled; 15
f. data are recorded only for a limited period of time relative to an event; 16
and 17
g. there is no burden on individual vehicle owners or operators for the 18
reporting or collection of such data at any time. 19
20
Since it is possible for a multitude of varying devices to capture such data, and 21
technologies are evolving quickly, these standards should not depend upon or mandate any 22
particular device specifications. The standards should provide for types of comparable data to 23
be collected and preserved by all types and brands of vehicles, reliability of data, conditions 24
under which the recording device should be able to operate, how and when data can be 25
E-3
removed, and who can review them. 1
2
The standards should be adopted through the joint efforts of the government, safety 3
experts, vehicle owners and operators, manufacturers and maintenance experts. The standards 4
should be applied to devices to be incorporated in future vehicles, both commercial and 5
private, subject to the enactment of the liability and information misuse protections mentioned 6
above. 7
8
3.. VEHICLE TRACKING AND IDENTIFICATION 9
Federal or state laws should not mandate vehicle-tracking systems. Data generated 10
from such systems that are voluntarily adopted by carriers should not be accessible by other 11
parties without the carrier’s express consent. 12
13
Data captured by electronic toll tags, electronic screening transponders, or any other 14
kind of electronic identifying devices, including license plate readers, should not be used for 15
purposes other than those for which a vehicle owner or lessee, as appropriate, has consented. 16
Data from these devices should have proper privacy protection and protections against misuse 17
in civil litigation and regulatory enforcement. Carriers should not be required to purchase 18
transponders or any other kind of electronic identification device for any reason. 19
20
4. PERFORMANCE-BASED BRAKE TESTING 21
ATA supports improved highway safety and the use of Performance-Based Brake 22
Testers (PBBTs) as an inspection and Out of Service enforcement tool for overall vehicle 23
brake performance in accordance with FMCSR 393.52. ATA remains opposed to PBBT use 24
for enforcement which is based upon individual wheel end performance. [10/06]. 25
E-4
1
5. CRASHWORTHINESS [10/08] 2
ATA supports crashworthiness standards for newly manufactured class 7 and 8 3
trucks, and a relative scale against which to measure a truck’s crashworthiness. 4
5
6. AUTOMATED EMERGENCY BRAKE SYSTEM [10/15] 6
ATA will support a NHTSA voluntary program challenging truck manufacturers to 7
offer AEBS as standard equipment on new vehicles (class 1-8), and ATA supports a 8
regulatory approach for AEBS on all new vehicles (class 1-8). 9
10
7. AUTOMATED TRUCK POLICY [12/17] 11
Automated and connected vehicle technologies have the potential to dramatically 12
impact nearly all aspects of the trucking industry. These technologies can bring benefits in 13
the areas of safety, environment, productivity, efficiency, and driver health and wellness. 14
Automated driving technology is the next step in the evolution of the safety technology 15
currently available, and will help to further improve driver safety and productivity, as well 16
as the safety of other motorists and road users. Automated technology comes in many levels 17
that will assist the driver and in some cases, handle the driving task. The application of 18
automated and connected vehicle technology in the trucking industry will center on 19
solutions in which there remains a role for drivers, recognizing the duties and requirements 20
drivers have beyond operating the vehicle. The following are ATA policies that will foster 21
innovation and enable deployment of automated and connected technologies to meet the 22
diverse needs of the trucking industry. 23
a. SAFETY 24
E-5
i. ATA continues its commitment to safety as a top priority for 1
the trucking industry. ATA strongly believes that automated 2
and connected vehicles have the potential to further reduce 3
motor vehicle crashes and traffic related fatalities. 4
ii. The trucking industry, led by ATA, should invest in coalition 5
building with government, academia, research institutions, 6
and private sector to demonstrate the rising level of safety 7
related to automated and connected vehicle technology. 8
iii. Demonstrations of automated trucks are needed to provide 9
data to establish safety and other benefits of this technology. 10
Initial data generated by technology developers, based on 11
their safety and validation testing, will be valuable. 12
iv. Proposed policy, regulations, or guidance by government 13
should not pick winners or losers of technology. 14
Government should not create disincentives for investments 15
in future improvement and enhancements to automated and 16
connected vehicle technology. 17
v. Government regulators and lawmakers should revise or 18
remove outdated safety related laws, regulations and 19
guidance as data demonstrates a technology’s ability to 20
provide an equivalent or higher level of safety than current 21
regulations support or incorporate. 22
b. FLOW OF INTERSTATE COMMERCE 23
i. The trucking industry relies on an interstate highway system 24
that facilitates the free flow of goods between the states. As 25
E-6
automated truck technology is developed, tested, and 1
commercialized, it is critical that federal, state and local laws 2
do not create disparities that limit commerce and obstruct the 3
successful adoption of these potentially safety- and 4
productivity-boosting technologies. 5
c. FEDERAL PREEMPTION AND STATE’S RIGHTS 6
i. The regulation of performance and technical specifications of 7
automated and connected truck technology should be solely 8
the responsibility of the Federal government. 9
ii. States should maintain their existing responsibilities that do 10
not interfere with the flow of interstate commerce. In the 11
absence of federal regulation, states should support operations 12
of commercial motor vehicle automated and connected 13
technologies within their rights of intrastate jurisdiction. 14
iii. Conflicting or duplicative requirements among Federal and 15
State agencies will create roadblocks to deployment of 16
automated technology, delaying the safety benefits, fuel 17
savings, emissions reductions, and potential efficiency 18
improvements to our country’s transportation system. When 19
conflicts arise between federal and state regulations, the 20
federal government must take a clear leadership role and, if 21
necessary, exercise federal preemption. 22
d. UNIFORM STATE LAWS 23
i. States should commit to ensuring a unified national framework 24
to facilitate the development, testing, and deployment of 25
E-7
commercialized automated and connected truck technology, 1
including further harmonization of state-level traffic and 2
vehicle rules affecting the operation of such technology. 3
States should take into consideration Federal (e.g., 4
NHTSA/FMCSA) guidance and regulations, and avoid 5
placing any performance requirements on automated and 6
connected trucks (a federal responsibility). 7
ii. To promote safety, productivity, and the free flow of 8
commerce, ATA encourages state agencies, academia, and 9
OEM/Suppliers to engage one another in 10
partnerships/coalitions to advance research, development, 11
testing and deployment of automated, platooning and related 12
enabling technologies. 13
iii. States should take steps toward removing existing barriers that 14
may stifle innovation, testing, and deployment of advanced 15
technology. 16
e. FREEDOM OF CHOICE VS. MANDATES 17
i. Federal and State laws and regulations should neither require, 18
nor limit differing levels of automation. The Trucking 19
Industry, when given a choice, will deploy technologies that 20
are best suited for individual business needs. Carriers will 21
increasingly adopt proven levels of automation in the interest 22
of safety and productivity. 23
ii. Only after proven technologies have been adopted by the 24
motoring public and only in the interest of safety should 25
E-8
mandates be considered. Any such mandates should be 1
developed in coordination with the trucking industry. 2
f. INFRASTRUCTURE AND CONNECTIVITY 3
i. Investments in infrastructure such as repairing, maintaining, 4
and improving pavement, lane markings and signs as well as 5
intelligent transportation systems (ITS) technology will 6
benefit both automated and conventional vehicles. 7
ii. The 5.9GHz DSRC spectrum, including all seven of the 8
allocated channels, should be protected for Vehicle-to-Vehicle 9
(V2V), Vehicle-to-Infrastructure (V2I) and related 10
applications (collectively referred to as V2X). The FCC 11
should not allow sharing of this spectrum for other uses (such 12
as WiFi). 13
iii. Appropriate agencies should consider equipping Emergency 14
Services (e.g., police, fire, rescue) and roadway construction 15
sites (including equipment, vehicles, and workers), with V2X 16
communications capabilities so that they can be more fully 17
integrated into a connected driving environment. 18
iv. The trucking industry should continue to work with the federal 19
government to enhance a vehicle-to-vehicle “Basic Safety 20
Message” (BSM) standard that meets the needs of all vehicles, 21
especially combination vehicles. Exchanging BSMs among 22
vehicles can improve safety of all road users by providing 23
V2V-equipped vehicles and drivers with safety-critical 24
information about surrounding vehicles including, but not 25
E-9
limited to, vehicle position, speed, size, and configuration. 1
g. PUBLIC EDUCATION 2
i. Educating various groups regarding future technologies is 3
important to clarify understanding and help gain acceptance 4
for these innovations. A fair, balanced approach is critical in 5
educating the industry, constituents and the public at large 6
regarding automated commercial vehicle research and 7
development, as well as demonstration and commercial 8
deployment of these technologies. 9
ii. ATA, along with its industry partners and membership, will 10
work with government agencies (NHTSA, FMCSA, FHWA) 11
and government-related agencies (CVSA, AASHTO, etc.) to 12
help guide, support and reinforce their efforts at public 13
education and awareness building regarding the facts 14
associated with automated commercial vehicle development 15
and deployment. 16
h. MAINTAINABILITY 17
i. As automated technology moves toward deployment, ATA 18
will develop maintenance and engineering Recommended 19
Practices in support of fleet requirements through its 20
Technology & Maintenance Council (TMC). TMC's Future 21
Truck initiatives and recommended practices will help the 22
transportation industry ensure the maintainability, reliability, 23
durability and security of the onboard electronics and 24
E-10
information stored on and used by automated commercial 1
vehicles. [12/17]2
F-1
F. HAZARDOUS MATERIALS [06/08]2 1
Laws and regulations governing transportation of hazardous materials should promote 2
the safe and efficient movement of these materials. The transportation of hazardous materials 3
and hazardous wastes should be addressed equally through one, uniform set of federal 4
regulations. Therefore, the term “hazardous material” includes the term “hazardous waste.” 5
6
The U.S. Department of Transportation (DOT) should continue to be the agency of 7
jurisdiction for regulating transportation of hazardous materials in interstate, intrastate, and 8
foreign commerce and should not relinquish any further control over hazardous materials 9
transportation to other agencies. Within the DOT, the Pipeline and Hazardous Materials 10
Safety Administration (PHMSA) should remain as the entity promulgating and interpreting 11
laws and regulations relative to transportation of hazardous materials for all modes of 12
transportation. 13
14
In order to protect “hazmat employees” and “hazmat employers,” as defined in the 15
Hazardous Materials Transportation Law [49 U.S.C. Sections 5101, et seq.], and the 16
environment, DOT/PHMSA should incorporate into the hazardous materials regulations, by 17
reference, relevant regulations of the U.S. Department of Labor (DOL) and the U.S. 18
Environmental Protection Agency (EPA). 19
20
DOT/PHMSA should continue to have sole jurisdiction for regulations relating to the 21
“handling” of hazardous materials in transportation (including “loading,” “unloading,” and to 22
“storage incidental to transportation” of hazardous materials.) [02/04] 23
2 New section created from language pulled from the Safety Section.
F-2
DOT/PHMSA should continue to have sole jurisdiction for the regulation of 1
hazardous materials transportation in certain areas, including, but not limited to: classifying, 2
describing, packaging, marking, labeling, and placarding of hazardous materials; testing and 3
maintenance of packagings and packages; and reporting of hazardous materials incidents. 4
5
DOT/PHMSA should continue to have primary jurisdiction for regulations relating to 6
“hazmat employee” training. 7
8
DOT working in conjunction with the Department of Homeland Security, 9
Transportation Security Administration, should ensure that regulations promulgated to 10
enhance the security of hazardous materials are uniform and do not compromise the safe and 11
efficient transportation of hazardous materials. [02/04] 12
13
State hazardous materials regulations shall be uniform throughout the nation, and 14
DOT should aggressively preempt state hazardous materials regulations that compromise 15
national uniformity. States should continue to have the responsibility for routing of 16
hazardous materials, but only within guidelines issued by DOT. [02/04] 17
18
States should have the right to register and/or permit motor carriers who transport 19
hazardous materials into, from, or through their jurisdiction, but only within the guidelines 20
of a national, uniform and reciprocal program. Fees collected by the states in connection 21
with registration and/or permit programs should be apportioned fairly and continue to be 22
used exclusively for purposes relating to the safe and efficient transportation of hazardous 23
materials. [02/04]24
G-1
G. HIGHWAYS 1
To ensure the strength and prosperity of the United States in future decades, this nation must 2
renew its commitment to a sound Federal Aid Highway Program supported by the Federal Highway 3
Trust Fund. Interstate and international commerce and national defense depend upon the freedom of 4
transportation provided by an integrated national system of highway quality roads. 5
6
The preservation, expansion, and reconstruction of the National System of Interstate and 7
Defense Highways and major Primary highways should be attained through a federally coordinated 8
National Highway System (NHS). The NHS is the “backbone” of a multi-modal national 9
transportation system for which the NHS specifically incorporates a system of integrated connector 10
facilities with other freight modes. Parts of the Interstate System fail to meet the demands of current 11
traffic, and Primary routes should be improved to better connect the Interstate System to smaller cities 12
and rural communities. Practical, effective strategies to relieve urban congestion must be found and 13
implemented quickly. 14
15
Federal aid should continue for major bridges and secondary urban roads off the National 16
Highway System to improve urban, suburban and rural mobility and safety of the motoring public. 17
18
All available Highway Trust Fund revenues should be expended. Diversion of Highway 19
Trust Fund revenues to non-highway purposes seriously hampers this nation's ability to preserve its 20
highway infrastructure and fund highway developments needed for a growing economy. Diversion 21
of highway revenues for deficit reduction or any other non-highway purpose is opposed. Highway 22
users have paid the entire cost of the federal and most state highway programs through a two-23
structure tax system of registration fees and fuel taxes. Third structure taxes are inefficient, 24
inequitable, and are opposed. 25
G-2
Major highway facilities supported by federal aid should be designed and built to the highest 1
appropriate standards to safely and efficiently accommodate all current and future North American 2
vehicle types. Federal action should be taken to prevent unreasonable state or local restrictions. 3
Highway users are entitled to the highest standards of efficiency and integrity in the administration 4
and management of the highway program so that maximum road values result from every tax dollar 5
spent. Life cycle and road user costs should be held to a minimum consistent with sound economic 6
planning and good engineering practice. Federal, state, regional and municipal officials should seek 7
greater highway user participation in the highway building and vehicle use regulation processes and 8
the trucking industry representatives should be active participants in these processes. 9
10
1. RESPONSIBILITY OF THE FEDERAL GOVERNMENT 11
The federal government should continue to assume primary responsibility for 12
financing, construction and reconstruction of the National Highway System. Full federal-aid 13
funding, as authorized, should be continued through the current Highway Authorization Act. 14
After completion of the Interstate System, the National Highway System, consisting of the 15
Interstate System, and important principal arterial highways, which are major connectors, 16
must become the principal federal-aid system. This system should be funded at a level to 17
meet essential future needs of this system and at a higher federal-aid matching ratio than any 18
other federal-aid highways. The National Highway System should be designated in its entirety 19
for vehicles of the weight and length authorized by the Surface Transportation Assistance Act 20
of 1982 (STAA), as amended, and more productive combinations or trailer lengths 21
subsequently approved by the states. Fund distribution should be by formula and not on a 22
"cost-to-complete" basis. 23
24
Federal highway funds for lesser rural and urban connector routes and for major 25
G-3
bridges on those routes should be continued. Increased federal highway spending should be 1
sought for lower system routes through the current Highway Authorization Act. 2
3
States should be allowed to add or delete miles on the National Highway System as 4
trade and usage patterns change. 5
6
Federal highway programs to promote social and environmental goals should be 7
supported by federal general fund revenues. 8
9
Federal highway funds should be allocated to the states on the basis of specific, 10
verifiable highway requirements and should be used only for highway safety, research, and 11
the construction, reconstruction and rebuilding of roads and bridges on the National Highway 12
System and on other federal-aid highways providing connecting service. Federal highway 13
funds must not be used for non-highway purposes. 14
15
Increased federal funding is needed for research and development designed to provide 16
more economical and improved pavements, greater equipment productivity, study intelligent 17
vehicle/highway systems, improve traffic flow and relieve congestion to enhance highway 18
efficiency, safety and return on investment. 19
20
2. RESPONSIBILITY OF STATE AND LOCAL GOVERNMENTS 21
The states and local units of government should be primarily responsible for the 22
financing, program development and administration, and construction and maintenance of 23
bridges, highways, roads and streets within their territorial limits. At a minimum, road and 24
bridge design should safely and efficiently accommodate all current and anticipated future 25
G-4
vehicle types in North America. States should implement proven technologies in a timely and 1
efficient manner, and should be partners in the testing of innovative technologies. States and 2
local governments, in cooperation with and in partnership with the trucking industry and other 3
road users, should form motor carrier and/or freight advisory groups to support the 4
infrastructure planning process and the need to consider the efficient movement of freight 5
within that process, and develop incident management programs for urban areas. 6
7
To obtain maximum benefit from both state and federal highway user taxes, states 8
should dedicate user revenues to the funding of highway maintenance and improvements with 9
an appropriate level of funding for planning and research. States should encourage assistance 10
from highway beneficiaries, such as developers and other non-toll private sector sources, to 11
augment user revenues where feasible. 12
13
In recognition of the growing interdependence and connectivity among states, state 14
governments should be responsible for devising practical multi-state regional solutions to 15
highway mobility problems in a spirit of cooperation with other states. Highway safety and 16
productivity can be enhanced by eliminating unnecessary institutional barriers, 17
inconsistencies, and preferences among states that constrain mobility and interstate 18
commerce. Freedom of movement for all vehicles regardless of state of registration or 19
business incorporation is essential to the nation's continued prosperity, with due consideration 20
to the evolving opportunities under the North American Free Trade Agreement. 21
22
23
24
G-5
3. TRUCK MOBILITY 1
Trucks must have freedom to move at all times on the nation's highways, roads and 2
bridges in order to provide essential transportation between American communities, 3
businesses, and industry. Trucks of a size and weight authorized by the Surface 4
Transportation Assistance Act of 1982 and more productive combinations or trailer lengths 5
subsequently approved should not be restricted on the Interstate System or on the National 6
Highway System. Outright prohibition or restrictions on hours-of-operations are opposed and 7
must be prevented. Reasonable route restrictions should be of limited duration, and such 8
routes should be upgraded to adequate standards. 9
10
4. TOLLS 11
a. The trucking industry supports the objective of a toll-free National Highway 12
System. Fuel taxes and other existing highway user fees are efficient, effective 13
and commonly accepted methods for collecting revenues for the maintenance and 14
expansion of highways. If toll financing is determined to be inevitable, ATA 15
will continue to oppose tolling, and will advocate that the toll plan should 16
incorporate the following attributes: 17
i. Toll collections should be limited to and fully cover only the debt-service 18
related costs of construction, reconstruction, and maintaining the associated 19
toll facility. 20
ii. If tolls are imposed on an existing Interstate Highway, an amount of federal-21
aid highway revenue equivalent to the toll revenues collected on the highway 22
should be withheld from the state where the toll revenue is collected and 23
redistributed annually to the remainder of the states. 24
G-6
iii. Toll financing should only be used for construction of new highways; 1
upgrading of existing non-Interstate roads to highways with significantly 2
greater capacity and safety benefits; construction of new lanes on existing 3
highways, provided the existing lanes remain toll-free and open to all vehicles 4
that were allowed to use the highway prior to the capacity expansion; or 5
conversion of High Occupancy Vehicle (HOV) lanes to High Occupancy Toll 6
(HOT) lanes. 7
iv. Toll collections should not be used for the extension of bonded indebtedness 8
or for the creation of new indebtedness for other facilities. 9
v. Truck size and weight limits allowed on toll facilities should be grandfathered. 10
vi. The use of toll roads should be voluntary. Trucks should not be restricted from 11
operating on non-toll highways that could serve as alternative routes to toll 12
roads. 13
vii. The impacts on toll facility revenues should not be a factor when decisions 14
are made with regard to improvements to alternative routes. 15
viii. As quasi-private enterprises, toll facilities should be allowed to offer 16
productivity improvements to attract commercial vehicle customers. 17
ix. The payment of all highway user taxes, in addition to tolls on the toll 18
highways, constitutes double payment for the use of these facilities. State 19
highway user taxes should be eliminated on toll facilities. 20
x. Programs designed to reduce congestion through assessment of fees for 21
use of roads during peak travel periods attempt to discourage travel rather 22
than increase mobility. Weigh scale by-pass fees and congestion pricing 23
are not acceptable alternatives to highway improvements that provide new 24
capacity or increase productivity. 25
G-7
1
b. ATA strongly opposes the lease or sale of toll roads, bridges or tunnels to private 2
parties for the purpose of funding highway infrastructure. If such a facility is sold or 3
leased to private investors, ATA recommends the following: 4
5
i. Proceeds derived by the government from the sale or lease of a toll facility 6
should be used exclusively for highway investments on untolled facilities. 7
Facility customers should not be required to subsidize unrelated government 8
functions. 9
ii. Toll rates should be set at a level that covers only the costs of construction, 10
reconstruction, maintenance and operation of the associated toll facility, plus a 11
reasonable return on investment and debt service costs. Any differences in toll 12
rates among vehicle classes should be reasonable. 13
iii. Lessees should provide adequate facilities for the trucking industry, including 14
access to food, fuel and safe parking accommodations for long-term rest. 15
iv. A rebate of federal and state fuel taxes for users of the facility. 16
v. A prohibition on the private party imposing its own restrictions or special fees 17
on vehicle configurations (e.g. oversize/overweight vehicles) and commodities 18
(e.g. hazardous materials). It is anticipated that improved truck productivity 19
will be part of any serious discussion of privatization benefits. Therefore, 20
increases in vehicle size and weight limits above that allowed under applicable 21
federal or state law are not opposed. 22
vi. A sinking fund to ensure that sufficient revenues are available for continued 23
maintenance and operation of the facility. 24
G-8
vii. Non-compete clauses that prevent improvements to competing highways should 1
not be included as part of a lease or sale agreement. 2
viii. Open Road Tolling (ORT) technology that allows motorists to travel at 3
highway speeds must be adopted, and transponder technology must be 4
compatible with technology used on other Interstate toll roads. 5
ix. Performance specifications which ensure that the facility is operated and 6
maintained adequately, provides a level of safety that is comparable to similar 7
facilities and provides for acceptable traffic flows. 8
x. A clause that allows the responsible public agency to end the agreement if the 9
public agency believes that continuing the agreement is not in the public’s best 10
interest. In addition, a process should be established for amending the 11
agreement. An oversight committee should be established by the responsible 12
public agency to monitor the facility and make recommendations to the agency 13
as to whether the agreement should be amended or terminated. This committee 14
should include representatives of all major stakeholders, including the trucking 15
industry. [10/06] 16
17
5. SIZES AND WEIGHTS 18
The performance of the nation's economy in increasingly competitive international 19
markets depends in large measure upon an effective and efficient transportation system. To 20
achieve efficiency, the trucking industry must be able to operate its most productive 21
equipment to serve the facilities of shippers and receivers throughout the nation. 22
23
As the nation's premier mover of freight, the American trucking industry has long 24
recommended reasonable size and weight standards consistent with highway capability and 25
G-9
the need for efficient, intelligent, and productive use of our country's vital resources. 1
2
Alternative bridge formulas or modifications to the current federal bridge formula may 3
provide greater efficiency, safety and maneuverability in the movement of goods without 4
harm to roads and bridges. Current federal limits on gross vehicle weight should be removed 5
to permit gross weight regulation through application of an appropriate federal bridge 6
formula. 7
8
It is essential that all vehicle types approved by the Surface Transportation Assistance 9
Act of 1982, as amended, and more productive vehicles grandfathered or subsequently 10
approved be permitted to operate on National Highway System. In order to achieve necessary 11
productivity, the trucking industry must be allowed access to the points of loading and 12
unloading from the National Highway System. States, counties and cities cannot be allowed 13
to thwart national productivity through ordinances or regulations restricting or banning trucks 14
without evidence of demonstrated safety problems. 15
16
Longer combination vehicles and/or other more productive vehicles should be 17
permitted at the option of the states. Such operations should be allowed under divisible load 18
permits that specify adequate driver, vehicle, and highway controls. Longer combination 19
vehicles and/or other more productive vehicles’ gross weight should be controlled by the 20
federal bridge formula or a modified bridge formula subsequently adopted. 21
22
The length, width, and weight standards outlined in the following chart should be 23
adopted for operations on the Interstate System and National Highway System and for direct 24
access to points of loading and unloading. 25
G-10
1
Reasonable size and weight rules and enforcement programs are necessary in order to 2
prevent and deter overweight vehicles. Laws and rules should stress a shared responsibility 3
between shippers and the trucking industry of liability for non-compliance. States should be 4
encouraged to implement rules that support this concept. The federal government should 5
consider methods of achieving state compliance with federal size and weight laws other than 6
the sanction of a state’s federal-aid highway apportionment. 7
8
Federal law should allow automobile transporters to exceed federal statutory axle and 9
gross vehicle weight limits by up to ten-percent. 10
11
Notwithstanding bridge formula limitations, federal law should allow tractor-12
semitrailer combinations to operate with a maximum gross vehicle weight of 97,000 pounds, 13
provided the vehicle has at least six axles, including a tridem trailer axle group with a 14
maximum weight of 51,000 pounds. Single and tandem axle groups are limited to 20,000 15
pounds and 34,000 pounds, respectively. [02/06] 16
17
Notwithstanding bridge formula limitations, federal law should allow tractor-18
semitrailer combinations to operate with a maximum gross vehicle weight of 88,000 19
pounds on existing five axle configurations, provided the vehicle complies with federal 20
stopping distance standards. Single and tandem axle groups are limited to 20,000 pounds 21
and 38,000 pounds, respectively. [10/11] 22
23
6. GRANDFATHER CLAUSE 24
The 1956 Highway Act provided those weights legally in excess of the federal axle 25
G-11
and gross weight limits on July 1, 1956, in any state were "grandfathered." Similarly, the 1
1974 Highway Act provided that the bridge formula applied only to weights in excess of those 2
legal in any state on January 5, 1975. The Surface Transportation Assistance Act of 1982 3
changed this section to provide that the states shall determine "grandfathered" weight limits. 4
The STAA established trailer length regulations and provided that trailer lengths in any states, 5
which exceeded the federal length limits, were "grandfathered." State and federal DOT 6
actions to restrict or roll back "grandfathered" weight or length limits are opposed. 7
TRUCKING INDUSTRY POLICY ON FEDERAL TRUCK WEIGHTS, WIDTH AND LENGTHS1
(Exclusive of Specialized Equipment and Permit Operations)
Federal Truck Minimum State Limits Required
Weight Limits Under Federal Statute Maximum State Limits Permitted Under Federal Statute
Single Axle Weight 20,000 lbs. 20,000 lbs. or higher weight if permitted by state statute as of July 1, 1956.
Tandem Axle Weight 34,000 lbs. 34,000 lbs. or higher if permitted by state statute as of July 1, 1956.
Gross Weight 80,000 lbs. No Federal maximum gross weight. States allowed to set maximum gross weight limits in
conformity with the Federal Bridge Formula or modified bridge formula subsequently adopted.
Any state gross weight limit legal as of July 1, 1956, would continue to be allowed.
Vehicle
Combination Length
Tractor-Semitrailer 53 feet on National Network routes No overall Federal maximum length limit. Maximum trailer length of 53 feet on the
Combination with reasonable access, as set forth National Network. Longer trailers permitted if such trailers were allowed prior to
in STAA. States must allow trailers passage of legislation establishing the 53-foot maximum requirement. [2/06]
longer than 53 feet if such trailers
were allowed prior to passage of
legislation establishing the 53-foot
minimum requirement. [2/06]
Tractor-Multi-Trailer As set forth in STAA or greater No overall Federal maximum length limit. States may permit longer lengths but gross weight of
Combinations productivity gains as permitted combination shall be limited to that produced by application of the Federal Bridge Formula or a
by the individual states. modified formula subsequently adopted.
Vehicle Width 102” minimum 102” maximum excluding tire bulge and approved safety devices.
Height No policy
_______________
1For National System of Interstate and Defense Highways and System of Highways of National Significance, including reasonable access to such roads.
H-1
H. HIGHWAY TAXES 1
The major part of the cost of building and maintaining bridges, highways, roads and streets 2
should be paid through highway user charges. User taxes and fees should be the primary but not the 3
sole source of highway funds. 4
5
Highway user fees and taxes should be placed in a Highway Trust Fund. The Highway Trust 6
Fund should only be used for highway purposes and should continue as a source of funding for defined 7
federal-aid highway system programs only. All highway user taxes should be dedicated to highway 8
purposes. The Highway Trust Fund should be supplemented by appropriations from the general fund 9
in order to recognize the non-highway user benefits of the highway program. 10
11
The level of highway user taxation should be based on a thorough analysis of highway 12
conditions and proven needs. Each class of motor vehicle should pay its fair share of highway 13
program costs based upon a traditional incremental highway cost allocation approach. No one group 14
of highway users should be exempted from payment of highway user taxes or fees. No motor vehicle 15
should be exempted from any highway user taxes by reason of ownership by or operation on behalf 16
of the U.S. Government or any state or local government or political subdivision. 17
18
Highway users should be involved in establishing funding levels for the highway program 19
and setting the user charges needed to pay for them. 20
21
H-2
Highway user taxes should: 1
be reasonably uniform in application among classes of highway users; 2
be based chiefly on readily verifiable measures of highway and vehicle use; 3
not provide opportunities for evasion; 4
be inexpensive and simple for government to administer, collect and enforce 5
without imposing excessive administrative and record keeping burdens on 6
highway users; and 7
not create impediments to interstate commerce. 8
9
Because weight-distance, ton-mile, axle-mile, and other similar third structure taxes cannot 10
meet the above criteria, they should be eliminated where they currently exist and not be imposed 11
elsewhere. 12
13
1. STATE HIGHWAYS TAXES 14
The U.S. Congress should establish and adopt a comprehensive framework for state 15
taxation and regulation of the interstate trucking industry including access to the federal courts 16
to resolve disputes within that framework adopted by the Congress. 17
18
The framework for uniform state taxation and regulation of interstate trucking activity 19
should not set limits on the amount of tax to be paid to a state but should clearly identify those 20
taxes meeting principles of equity and administrative ease. 21
22
23
H-3
State highway taxes assessed directly or indirectly on motor carriers operating 1
vehicles properly registered in another state should be based on the following principles of 2
equity: 3
a) The tax levy must relate to the extent of highway use within the taxing 4
state; 5
b) The tax, if assessed on vehicles, must be fairly apportioned; 6
c) The tax must apply equally to both interstate and intrastate motor carrier 7
activity; and 8
d) The tax must not create an undue burden on interstate commerce. 9
10
State highway taxes assessed on motor carriers should be structured so that 11
compliance by motor carriers and enforcement by states adheres to the following principles: 12
13
a) Tax reporting requirements should be administratively and procedurally 14
uniform among the states; and 15
b) The administrative cost of a state's tax collection, enforcement and audit 16
program should not be underwritten by additional administrative fees or 17
charges on motor carries other than the basic highway taxes. 18
19
State highway taxes should be limited to vehicle registration fees and fuel taxes. 20
Administrative per-vehicle and/or per-carrier fees should not be imposed on interstate carriers 21
for: 22
a) highway tax or other economic purposes; and 23
b) activities, which are duplicative of existing state and/or local programs 24
which, have the effect or diverting traffic into other jurisdictions. 25
H-4
1
A single plate issued by a motor carrier's base state should permit interstate and 2
intrastate vehicle operations in all jurisdictions. All states should be required to be members 3
of the International Registration Plan. 4
5
State highway tax revenues should be dedicated to highway programs through state 6
constitutional amendments. 7
I-1
I. INTERMODAL TRANSPORTATION 1
The transportation system in the United States is diverse. Transportation services are provided 2
by a variety of modes including air, highway, rail, pipeline, inland and coastal water, with ownership 3
under the private enterprise system. The preservation and expansion of this diversity offers the 4
benefits of freedom of choice, service alternatives, competitive innovations and economic efficiency, 5
while affording the synergies of modal cooperation, where applicable. 6
7
1. INTERMODAL OPERATING ENVIRONMENT 8
The trucking industry supports government policies that remove barriers to 9
cooperative and effective intermodal transportation in the areas of bilaterally equitable 10
operating, equipment interchange, and terminal access agreements, joint rates, through routes, 11
and modal partnerships among independently-owned and operated carriers. 12
13
A highly effective and integrated intermodal system does not require common 14
ownership of transportation modes. Effective intermodal transportation yields economic 15
efficiencies only when each of the transportation modes is self-supporting and does not rely 16
on government subsidies or cross subsidization of any sort to underwrite operating costs. 17
18
Government policy should provide all carriers participating in an intermodal 19
movement a fair and equitable share of the transportation charges assessed for the movement, 20
prompt and full payment of their lawful transportation, drayage, and accessorial charges, and 21
participatory involvement in the management of transportation service offerings. The 22
trucking industry supports administrative, legislative or other action that will ensure that 23
motor carriers are promptly paid their lawful rates and charges. 24
25
I-2
2. INTERMODAL INFRASTUCTURE 1
An integrated and productive intermodal infrastructure is dependent upon effective 2
and timely interchange between modes. In the furtherance of intermodal growth and 3
efficiency of motor carriers engaged in intermodal transportation, the trucking industry 4
supports legislative, administrative and other efforts to improve highway access to intermodal 5
freight transfer facilities. 6
7
Motor carriers recognize the importance of ensuring that navigation channels for 8
waterborne movements are maintained and open for trade. The trucking industry is supportive 9
of a national dredging policy. Such a policy should acknowledge the importance of efficient 10
dredging operations to the national economy and facilitate dredging our nation’s harbors in a 11
timely and cost-effective manner that is consistent with reasonable environmental concerns. 12
13
The trucking industry also supports public and private sector efforts to increase the 14
awareness of local and regional transportation planning organizations regarding the 15
importance and economic impact of freight transportation projects and activities. 16
17
3. INTERMODAL EQUIPMENT AND HIGHWAY SAFETY 18
The trucking industry supports government policies promoting the efficient 19
utilization of intermodal freight containers, chassis, and rail-compatible trailers. It should 20
be the joint responsibility of owners, providers and users of equipment in intermodal 21
service to assure that this equipment is in compliance with federal and state rules and 22
regulations, prior to offering the equipment for transportation on U.S. highways. This 23
responsibility should continue as the equipment and loads flow through the intermodal 24
I-3
chain. Motor carriers should not be compelled or coerced into accepting equipment under 1
interchange that is not in compliance with federal and state regulations. 2
3
To encourage the safe movement of intermodal shipments, the following goals 4
should be realized in the establishment and enforcement of domestic and international legal 5
standards: 6
a. External dimensions must be compatible with U.S. highway length 7
regulations; 8
b. Gross vehicle weight formulas and axle weight limits must be 9
compatible with U.S. weight regulations; 10
c. Codes and their applications must be compatible with general trucking 11
practices; 12
d. Markings must be clearly recognizable and in harmony with U.S. 13
practices; 14
e. Work rules and practices must be compatible with normal trucking 15
operations; 16
f. Liability for intermodal equipment and its contents should be on parity 17
with that of other freight transport modes; 18
g. Safety requirements should not discriminate against trucks; 19
h. Security requirements should conform to trucking industry standards 20
and practices; 21
i. Equal treatment with other transport modes vis-à-vis all applicable 22
customs, duties, and importation rules and regulations; 23
j. Inspection and certification should be reasonable, non-conflicting and 24
modally non-discriminatory; and 25
I-4
k. Costs for repairs and maintenance should be fair and reasonably 1
allocated among the modes based on equipment ownership and level of 2
responsibility. 3
J-1
J. INTERNATIONAL COMMERCE 1
Sound and expanding international commerce is essential to the continued expansion of the 2
economy of the United States and to the greater prosperity and strength of all nations. Mutually 3
beneficial trade raises standards of living by providing people with more goods at less real cost, by 4
raising productivity, and by increasing economic efficiency through competition. 5
6
The United States has a vital stake in promoting measures to achieve the greatest possible 7
relaxation of discriminatory and restrictive trade and investment practices. These discriminatory and 8
restrictive practices reduce the flow of goods and services, reduce the volume of international 9
payments and obstruct optimal efficiency in production, distribution and economic growth. 10
11
The United States government should promote these goals, consistent with the national 12
interest, to maintain a strong, healthy, competitive, free market economy at home. 13
14
The transportation of goods in international commerce should not be hampered by regressive 15
or discriminatory laws, regulations or policies in the areas of licensing, entry, taxation, equipment 16
utilization and labor. 17
18
Equality of treatment and opportunity for United States motor carriers should be maintained 19
in the international freight market. The U.S. government should maintain a policy of requiring foreign 20
countries to provide U.S. motor carriers opportunity and treatment equivalent to that treatment 21
received by carriers from a foreign country operating in the United States. The U.S. government 22
should also insure that U.S. motor carriers operating in a foreign country have the same opportunity 23
and treatment enjoyed by domestic carriers of that country, or national treatment. 24
25
J-2
Foreign carriers operating on U.S. roads should be subject to the same regulations and responsibilities 1
by which U.S. carriers are expected to abide. 2
3
All laws and regulations affecting the trucking industry should address the impact that these 4
rules will have on the United States and on the standing U.S. motor carriers and allied industries will 5
have in the international marketplace. 6
7
1. CONTAINERS 8
The trucking industry supports the use and development of intermodal freight 9
containers and seeks to be included in their full utilization in international trade. (For more 10
details on containers and intermodal policy see Section H – Intermodal Transportation.) 11
12
2. ECONOMIC REGULATION 13
International trade agreements should not be used to revise economic regulation on 14
the federal or state level. 15
16
3. IMMIGRATION 17
Permit the use of non-national, foreign-based drivers for international freight 18
movements, not for domestic movements. Qualified aliens should be permitted to immigrate 19
into the U.S. for the purpose of filling driver positions during times of driver shortage. 20
21
22
J-3
4. CUSTOMS 1
Increase border inspection facilities and staffing; expand and harmonize hours of 2
operation; dedicate existing commercial user fees to improvements in Customs facilities; and 3
establish uniform electronic filing systems. 4
5
5. EQUIPMENT IMPORTS 6
Eliminate restrictions and tariffs on new and used equipment by the U.S. and our 7
trading partners consistent with existing equipment safety and environmental standards. 8
9
6. REGISTRATION 10
ATA supports membership in the International Registration Plan (IRP), without 11
amendment to apportion sales taxes; or development of bilateral agreements between political 12
jurisdictions. 13
14
The current system of bilateral registration agreements for reciprocity between the 15
Canadian provinces and territories and U.S. states works well and should be continued. 16
Eventual membership of all the Canadian provinces and territories in the IRP would be 17
feasible provided there is no extension of Canadian sales taxes to U.S.-based carriers. ATA 18
will explore eventual registration reciprocity with Mexico. 19
20
7. DRIVERS LICENSES 21
ATA supports recognition of foreign drivers’ licenses that meet CDL standards. 22
23
24
J-4
8. SIZES AND WEIGHTS 1
ATA supports uniform North American size and weight standards, to make us more 2
competitive with international markets. 3
4
9. ENVIRONMENTAL 5
Emission standards should be set in a manner that allows for, and encourages, 6
improvements in productivity and fuel efficiency. Any additional emission reductions 7
required must be established on an as-needed basis and not through arbitrary and 8
counterproductive specific emission standards. ATA supports adoption of U.S. emission 9
standards as the international standard. 10
11
10. SAFETY STANDARDS 12
Safety legislation should benefit the public, motor carrier employees, and employers 13
with the least burden possible. It should promote uniformity of state and federal and 14
international requirements. 15
16
11. BUSINESS TAXES 17
Tax systems should encourage investment necessary for national industrial growth, 18
production, employment and trade. These principles are best served by exempting motor 19
carriers from income taxation by countries in which they deliver freight but do not have 20
subsidiaries, as provided by the U.S.-Canada Income Tax Treaty. In addition, trucking 21
services originating in the U.S. should not be subject to sales or value-added taxes in other 22
countries. 23
24
K-1
K. LABOR 1
Sound labor relations are essential to a united nation, to the conserving and strengthening of 2
our competitive free enterprise system and to the attainment of full and efficient production. 3
4
1. EQUAL EMPLOYMENT OPPORTUNITY 5
The prevention of arbitrary and discriminatory practices in employment should be a 6
vital concern to every citizen. The trucking industry reaffirms its support of all reasonable 7
and necessary steps to achieve the goal of equal employment opportunity for all. 8
9
Private, federal and state government action should be designed to achieve this end. 10
Government action should be carefully guided by basic constitutional concepts to preserve 11
fairness and due process of law for all parties. 12
13
To ensure a competent work force, employers should have the right to employ or to 14
promote the best qualified applicants and employees without regard to race, sex, religion, 15
color, age (except where required by law), citizenship status, national origin, or disability. 16
17
2. WORKERS’ COMPENSATION 18
The trucking industry pledges to conduct its business in a manner that preserves and 19
promotes the health and safety of its workers by supporting: 20
21
a. State workers’ compensation systems that promote programs developed by 22
free enterprise, be it through insurance carriers or self-insured programs; 23
24
K-2
b. The use of incentives to help states make their benefit systems fair, 1
equitable and cost-effective, as well as programs to reduce workplace 2
accidents and lost time; 3
4
c. The concept that any federal role should be limited to offering technical 5
assistance to the states or conducting research; and 6
7
d. Enactment of state laws that provide trucking-beneficial uniformity and 8
fairness to the compensation process, including legislation that allows 9
motor carriers and their employees to agree that the law of a particular state 10
shall govern any workers’ compensation claim. 11
12
3. ERISA 13
a. MULTI-EMPLOYER PLANS 14
Multi-employer pension plans should be stabilized. Such 15
stabilization, however, must not have a detrimental effect on normal business 16
decisions, the movement of capital or the ability of companies to borrow 17
money. 18
Any reform of multi-employer pension plans should be based on the 19
following principles: 20
i. To provide an incentive to new employers to join plans and 21
remove a serious impediment to exit from the industry, 22
withdrawal liability should be eliminated for withdrawing 23
employers and reasonable limits should be placed on 24
K-3
continuing employers. 1
ii. Future benefits should be properly funded. 2
iii. Restrictions should be placed on trustees in order to 3
maintain sound financial ratios before benefit levels can be 4
increased. 5
6
b. SINGLE EMPLOYER PLANS 7
The single employer pension program should be stabilized so that the 8
Pension Benefit Guaranty Corporation will be able to continue to meet its 9
obligation to guarantee the benefits of participants in under-funded plans that 10
terminate. Any solutions to the problems in the single employer program 11
should require minimal additional administration and cost. They should also 12
not impinge on normal business decisions, the movement of capital or the 13
ability of companies to borrow money. 14
15
4. WORKPLACE SAFETY AND HEALTH 16
The trucking industry shall conduct its business in a manner that protects and promotes 17
the health and safety of its workers. 18
19
a. OSHA REFORM 20
ATA recognizes that the states and the federal government have a legitimate 21
interest in enforcing regulations designed to protect workers from on-the-job injuries 22
and workplace hazards. The states and the federal government should not adopt 23
regulations that impose cumbersome paperwork burdens on employers without 24
necessarily improving workplace safety; any such regulations should be guided by an 25
K-4
appropriate cost-benefit analysis. ATA also opposes any government mandate that 1
requires trucking employers to establish joint safety and health committees at every 2
worksite. Finally, ATA supports incentives for employers to conduct voluntary 3
OSHA compliance programs, rather than increased civil and criminal penalties for 4
non-compliance. 5
6
5. PRE-EMPLOYMENT SCREENING 7
The trucking industry recognizes proper prescreening of new or re-certified 8
employees as a means to establish qualification and reduce safety hazards and cargo thefts. 9
Furthermore, it supports: 10
a. The consideration of criminal conviction data to the extent that such data is 11
accurate, and reasonably and expeditiously available; 12
b. The identification of the illegal use of drugs and the abuse of alcohol as a means 13
to reduce safety hazards; and 14
c. Changes in federal law that would make accessible to private employers a reliable 15
national database of criminal conviction records, such as that maintained by 16
the National Crime Information Center. 17
18
19
K-5
6. DUAL-SHOP FACILITIES 1
The trucking industry opposes any legislative attempt to restrict the rights of 2
employers in maintaining dual-shop facilities or organizational structures (sometimes referred 3
to as “double-breasted” operations). 4
5
7. EXEMPTION OF MANAGEMENT TRAINEES FROM PROVISIONS OF FAIR 6
LABOR STANDARDS ACT 7
8
ATA opposes the exemption of management trainees from the provisions of the Fair 9
Labor Standards Act. 10
11
8. FRINGE BENEFITS 12
Matters of fringe benefits, including health care, should be left to individual company 13
policy and not be mandated by the government. 14
15
9. APPRENTICESHIP PROGRAMS 16
ATA endorses the concept of apprenticeship programs developed and adopted by 17
individual motor carriers, or representative groups, that will best serve the needs of such 18
carriers and their prospective employees. 19
20
10. FEDERAL ASSISTANCE FOR DRIVER EDUCATION/TRAINING 21
PROGRAMS 22
23
Proper training and education is essential to drivers in the trucking industry. 24
Continued funding and future retention of federal support of educational opportunities and 25
training programs is an integral part of the trucking industry’s commitment to an educated 26
and safety-conscious labor pool. Federal support of any private, public, or motor carrier in-27
house educational or training program directed at current or potential truck drivers should be 28
K-6
based on the program’s ability to properly train, educate and place current or potential trucking 1
industry personnel. 2
3
11. LABOR-MANAGEMENT RELATIONS 4
a. Due Process in Labor Disputes 5
ATA favors due process in all proceedings involving labor disputes 6
and deferral to binding arbitration. 7
8
b. Work Preservation 9
The trucking industry is a dynamic partner in a free market system that 10
has served as the basis for our country’s economic strength and progress for 11
200 years. Profitability, productivity and efficiency are not just goals for the 12
industry – they are the requirements for survival. 13
14
c. Striker Replacement 15
The National Labor Relations Board and the courts have painstakingly 16
crafted a delicate balance between the rights of workers to withhold their labor 17
to secure economic demands and the rights of employers to permanently 18
replace them in order to continue business. ATA supports this neutrality in 19
labor law and opposes any change in the law that would give either 20
management or labor the economic edge in disagreements. 21
22
d. Corporate Campaigns 23
The principal purpose of corporate campaigns conducted by labor 24
organizations is to injure and disrupt a company’s business, trade, and 25
K-7
reputation in order to precipitate a crisis in confidence and loyalty among 1
employees, customers, and the public. ATA supports legislative, 2
administrative agency, and other government action opposing coercive and 3
harassing tactics used in corporate campaigns. These tactics include repeated 4
complaints to governmental agencies, frivolous and numerous court 5
complaints, shareholder actions, boycotts, and personal attacks that target 6
customers, corporate officers, and lending institutions. 7
L-1
L. INDEPENDENT CONTRACTORS 1
Independent contractors, in the form of owner-operators, are an integral part of the American 2
trucking industry. 3
4
1. STATUS 5
Individuals who own motor carrier equipment or operate it under a bona fide lease 6
and drive that equipment often choose to contract that equipment to for-hire private motor 7
carriers and operate independent businesses as independent contractors. Their chosen status 8
as independent contractors, not employees, should be honored in the enforcement of state and 9
federal law. For example, as independent contractors, they should not be subject to mandatory 10
coverage under state workers' compensation or unemployment tax laws. Indeed, because such 11
individuals have selected independent contractor status, such state laws should expressly 12
recognize this status and specifically exclude them from coverage as employees. Additionally, 13
as independent contractors, these individuals should not be considered leased employees for 14
the purposes of counting them for company-provided pension, health or insurance benefits. 15
16
Any attempt to categorize independent contractors as employees or leased employees 17
by regulatory or legislative efforts should be challenged as erosion of the independent status. 18
Legislation and regulations should preserve the independent contractor relationship between 19
motor carriers and those individuals who choose to operate as independent contractors, and 20
maintain their complementary roles in the trucking industry. Government agencies should 21
recognize that the terms and rates of compensation between motor carriers and independent 22
contractors are matters of private contract. The continued availability of independent 23
contractor status under state and federal law must remain a high priority concern for the 24
L-2
trucking industry and those segments that utilize contractors. 1
2
2. LUMPING 3
"Lumping" is use of a for-hire third party or entity to load or unload a truck 4
5
Requiring a motor carrier or independent contractor to engage a lumper to assist in 6
loading or unloading operations is unlawful if the shipper or receiver does not assume 7
responsibility for the costs of the lumping or compensate the motor carrier or independent 8
contractor for all costs related to the lumping. It is also unlawful to coerce or to attempt to 9
coerce any motor carrier to load or unload a vehicle or coerce a motor carrier or independent 10
contractor to utilize a lumping service to do the loading or unloading operations. 11
12
The U.S. Department of Transportation should aggressively enforce those statutory 13
provisions, imposing both civil and criminal penalties for loading/unloading violations. The 14
U.S. Department of Transportation should implement and maintain an effective enforcement 15
program to prevent coerced loading or unloading and unlawful lumping and both criminal and 16
civil penalties should be assessed for lumping violations. Congress and individual state 17
legislatures should also by statute provide private remedies for parties who are victims of 18
unlawful coerced loading and unloading and/or unlawful lumping practices. 19
20
Motor carriers and independent contractors should remain free of government 21
regulation in negotiating in their contractor operating agreements what, if any, loading and 22
unloading responsibilities the independent contractor will have. 23
M-1
M. SAFETY 1
A comprehensive safety program reduces traffic fatalities, injuries and destruction of property. 2
Programs for driver safety and health, equipment safety, elimination of highway hazards, safety of 3
operations and environmental concerns should be established. Safety programs and efforts should be 4
data driven and based on adequate cost-benefit analyses. 5
6
1. JURISDICTION 7
a. LEGISLATIVE 8
Safety legislation is essential and should be practical. It should benefit 9
the public, motor carrier employees and employers with the least burden 10
possible. It should promote uniformity of state and federal requirements. 11
Such requirements should be imposed equally on all types of carriers 12
engaged in all types of interstate and intrastate commerce. 13
14
b. REGULATORY 15
The U.S. Department of Transportation should retain primary 16
authority for truck safety regulations and health controls. Regulators should 17
be required to make cost-benefit considerations in all rulemakings. To 18
eliminate conflicts, contests and duplication of efforts, other federal 19
agencies should not have similar authority. 20
Non-uniform regulation of safety by states should not be allowed. A 21
locally compelling need with no undue burden on commerce and no adverse 22
impact on safety and health should be the only exception. For hazardous 23
materials transportation, states should be allowed to establish routing 24
requirements but only within the guidelines established by the U.S. 25
M-2
Department of Transportation. 1
2
2. DRIVER 3
a. ENTRY-LEVEL DRIVER TRAINING [2/07] 4
(1) Entry level driver training should be focused on 5
minimum, competency-based requirements. These 6
requirements should apply to all prospective drivers that have 7
not yet obtained and are required to possess a commercial 8
driver’s license (CDL) to operate in interstate commerce. 9
(2) The training curriculum should focus on the core 10
elements of classroom and behind-the-wheel training. 11
(3). Under any federal regulation, all training programs 12
(motor carrier-based and non-carrier based training 13
institutions) should be provided with the ability to self-certify 14
that their training meets the minimum federal requirements. 15
All training programs should also be able to certify that a 16
driver has completed the required training. All training 17
programs should be subject to a random selection federal 18
audit program to assure curriculum requirements are met. 19
(4) Qualification requirements of driver-instructors 20
should be similar in design and intent to existing federal 21
training regulations (e.g., current CDL holder, no serious 22
traffic violations on driving record, etc.) with the exception of 23
skill instructors having a minimum of one year of driving 24
experience. 25
M-3
(5) Commercial Learner’s Permits should continue to be 1
issued by States as currently practiced and no provisional 2
CDL requirements should be imposed upon entry-level 3
drivers. 4
(6) To further ensure that entry level drivers meet the 5
competency-based standards, the federal government should 6
require state adoption of stronger CDL skills testing 7
standards that reflect actual on-road driving requirements of 8
the motor carrier industry. 9
10
b. “SHARE THE ROAD” EDUCATION AND TESTING [10/09] 11
States that currently conduct driver education shall educate and test 12
new drivers on awareness and safe interaction with commercial motor vehicle 13
traffic. Such education must require classroom instruction and behind-the-14
wheel training that includes, but is not limited to, truck stopping distances, 15
proper distances for following trucks, identification of truck blind spots, and 16
avoidance of driving in those blind spots. Testing shall also include the above 17
issues. 18
19
c. UNIFORM CDL TESTING STANDARDS [10/08] 20
ATA recommends creation and implementation of national 21
performance-based commercial driver’s licensing testing standards that are 22
more rigorous than current state standards. CDL testing standards should 23
be uniform across states and oversight of third party testing entities should 24
be strengthened. Compliance monitoring of state CDL programs should 25
M-4
also require strict state compliance with the enhanced federal CDL 1
standards. The existing federal penalty should be used to ensure state 2
compliance with the new federal testing standards. 3
4
d. ROAD TESTS 5
Road tests to evaluate vehicle handling ability, and testing of ability to 6
handle cargo tank emergency equipment and controls, should be required 7
unless such tests duplicate tests which a driver has already taken as part of a 8
drivers licensing test. 9
10
e. GRADUATED DRIVERS LICENSE 11
ATA supports graduated drivers licensing for non-commercial teen 12
drivers and wants to ensure states have good uniform standards for 13
graduated driver licensing. [10-08] 14
ATA supports, in principle, the authorization by the Federal Motor 15
Carrier Safety Administration of carefully structured experimental programs 16
for use of younger drivers (18-20), in transportation other than bulk 17
transportation of hazardous materials as defined in the Motor Carrier Act of 18
1980, provided that such drivers have been carefully screened, received 19
quality training from a school or training program certified by the 20
Professional Truck Driver Institute or other similar certifying organization 21
and will be closely supervised and monitored by a motor carrier which has 22
a "satisfactory" safety rating and such other approvals and requirements 23
deemed essential by FMCSA. ATA would also support a study to evaluate 24
the cognitive functioning and behaviors of individuals between ages 18 and 25
M-5
25 that could be used to establish criteria for graduated commercial driver 1
licensing. [10/08] 2
3
f. ONE LICENSE 4
Each driver should have only one license. A driver should be 5
disqualified for holding more than one license other than a non-resident 6
license, which is required, by a state. Regulatory requirements for testing of 7
a driver's skill and ability should not result in duplication of driver license 8
tests that a driver has satisfactorily completed. 9
A motor carrier should be subject to penalty for employing a driver 10
with more than one license, if it has been made aware of the multiple 11
licensing. 12
13
g. EMPLOYEE QUALIFICATIONS 14
15
(1) EMPLOYER NOTIFICATION SYSTEM [10/08] 16
State systems of driver license control and driver records 17
should be improved so that employers and others will be better 18
informed about the driving record of job applicants, driver employees 19
and license applicants. Therefore, ATA supports a mandatory national 20
employer notification system and recommends development of a 21
standard protocol specifying type, format, and frequency of 22
information required to be transmitted from the states. 23
Violations/offenses to be reported to the states should also be 24
standardized. States should be required to fully participate in this 25
M-6
national system and provide information in a timely fashion. The 1
retention period for violations/offenses on a driver’s motor vehicle 2
record should be left to the state’s discretion. 3
4
The trucking industry further supports a rule to disqualify 5
drivers for a generally poor driving record, in addition to current rules 6
that disqualify drivers for major traffic violations. 7
8
(2) DRUG AND ALCOHOL 9
The trucking industry supports federal prohibitions on the use 10
and possession of alcohol by truck drivers prior to going on duty and 11
while on duty. It supports a federal blood alcohol content level and 12
appropriate penalties for violation of federal rules governing alcohol 13
use or possession by drivers and by other motor carrier employees 14
responsible for the safe condition and safe operation of trucks. 15
16
(a) REDUCTION OF ALCOHOL RELATED 17
FATALITIES AND INJURIES [10/08] 18
ATA affirms its support for .08 g/dl. or less as the 19
legal limit for blood alcohol content (BAC) for passenger 20
vehicle drivers and .04 g/dl. or less as the legal limit for 21
commercial drivers (CDL holders). Further, ATA supports 22
alignment with leading safety advocates on alcohol safety 23
topics such as administrative license revocation, ignition 24
interlock devices, and open container laws. 25
M-7
1
(b) SALE OF ALCOHOL AT TRUCKSTOPS 2
In an effort to create a safer driver environment for 3
truck drivers and independent contractors, the trucking 4
industry recognizes its obligation to place drivers and 5
independent contractors on the nation's highways. Inasmuch 6
as the nation's truckstops are the home away from home of 7
most truck drivers and independent contractors, it is 8
imperative that truck stops likewise do not sell alcohol to 9
ensure the safest possible working environment for the 10
industry's drivers and independent contractors. Therefore, the 11
trucking industry supports all legal efforts to eliminate the sale 12
of alcohol in any form at all of the nation's truck stops. 13
14
(c) TESTING 15
The trucking industry supports a federal requirement 16
for all interstate and intrastate truck drivers responsible for the 17
safe condition and safe operation of trucks to undergo tests for 18
drugs and alcohol use. 19
20
(i) NATIONAL CLEARINGHOUSE FOR 21
POSITIVE DRUG AND ALCOHOL TEST 22
RESULTS [10-08] 23
ATA recommends creation of a national 24
clearinghouse for positive drug and alcohol test 25
M-8
results. Prior to hiring an employee, employers 1
would be required to check with the clearinghouse 2
for an applicant’s failed tests and previous refusals to 3
test. 4
5
(ii) PRE-EMPLOYMENT TESTING 6
The trucking industry supports the federal 7
requirement for pre-employment testing of truck 8
driver job applicants for drug use. It also supports the 9
requirement in the Federal Motor Carrier Safety 10
Regulations that physicians should conduct tests of a 11
driver applicant for alcoholism or for being under the 12
influence of alcohol if the need for such testing is 13
indicated during the pre-employment physical 14
examination. 15
16
(iii) TESTING FOR REASONABLE CAUSE 17
The trucking industry supports testing for drug 18
use and for alcohol use if there is reasonable cause to 19
believe that a truck driver is under the influence of 20
drugs and/or alcohol. Reasonable cause testing should 21
be the responsibility of motor carriers, police officials, 22
or other officials authorized to perform inspections of 23
drivers and vehicles. 24
25
M-9
(iv) POST-ACCIDENT TESTING 1
The trucking industry supports a federal 2
requirement for post-accident drug and/or alcohol tests 3
of all drivers, including a truck driver involved in an 4
accident provided that a police officer at the scene of 5
the accident determines there is reasonable cause to 6
believe a driver is under the influence of drugs and/or 7
alcohol or if the accident involved a fatality. Post-8
accident testing should be the responsibility of law 9
enforcement agencies. 10
11
(v) RANDOM TESTING 12
The trucking industry supports random testing 13
for drugs or alcohol at the option of motor carriers. 14
The industry supports a federal requirement for 15
random testing for drug or alcohol use that places all 16
drivers at equal risk of being selected for such testing, 17
regardless of whether the driver is self-employed, 18
employed by a motor carrier or an intrastate driver. 19
The industry supports a pilot project of random 20
roadside testing without the need for probable cause 21
for drug or alcohol use conducted by the federal or 22
state government to determine if random roadside 23
testing is practical and effective. It also supports 24
testing by police officials at roadblocks established to 25
M-10
detect drivers of motor vehicles who are under the 1
influence of alcohol. 2
3
(vi) OPTIONAL TESTING 4
The trucking industry supports the federal rule, 5
which allows optional drug and alcohol testing by 6
motor carriers of their employees, in addition to truck 7
drivers, that are directly responsible for the safe 8
condition and safe operation of trucks. 9
10
(vii) ADVANCE NOTICE 11
There should not be a requirement for advance 12
notification of drug testing, for periodic testing more 13
frequently than at the time of a physical examination, 14
or for motor carrier testing for drugs or alcohol 15
following an accident. 16
17
(viii) DRIVER TRAINING SCHOOL TESTING 18
The trucking industry supports a federal 19
requirement of pre-admission testing by driver training 20
schools of all applicants for evidence of drug use. The 21
tests should be consistent with applicable state law 22
requirements and should adopt standards and 23
procedures identical to those employed by motor 24
carriers for pre-employment drug testing. An 25
M-11
applicant who tests positive should not be admitted to 1
training until another test is performed with negative 2
results. 3
4
(ix) ALTERNATIVE SPECIMENS [10/07] 5
Pursue regulatory and/or legislative changes to 6
the FMCSA and/or DOT regulations to permit 7
alternative specimens, such as hair, to be used to 8
comply with federal drug testing requirements. 9
10
(d) REHABILITATION AND QUALIFICATION 11
Motor carriers should promote rehabilitation of drivers 12
but should not be required to conduct or sponsor rehabilitation 13
programs. 14
The ATA shall exhaust all administrative and legal 15
remedies in opposition to any regulatory requirement which 16
would compel motor carriers to bear the costs of maintaining 17
employee rehabilitation, assistance (or like) programs for 18
treatment of the abuse of alcohol or controlled substances. 19
Drivers who, as a result of testing, show evidence of 20
drug use should be medically unqualified, and should be 21
disqualified for a specified period of time. They should be re-22
tested and found free of drugs prior to being found qualified. 23
If urine or an alternate specimen sample shows positive for 24
alcohol or drugs, an individual should be further evaluated to 25
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determine if a problem exists and the individual is disqualified. 1
2
h. DRIVER PERFORMANCE 3
(1) HOURS OF SERVICE 4
Hours of Service regulations need to be fundamentally 5
changed to reflect current scientific knowledge. New rules should 6
promote the management of driver fatigue and not merely the 7
management of hours worked. New hours of service rules should be 8
based on the following seven guiding principles: 9
(a) Hours of Service Regulations must offer operational 10
flexibility while promoting highway safety; 11
(b) They must be consistent with scientific principles 12
relating to fatigue, rest and recovery; 13
(c) The rules must address the needs of all industry 14
segments; 15
(d) They must be cost effective; 16
(e) The rules must be easy to understand, easy to comply 17
with, and easy to enforce; 18
(f) The process should promote the continued 19
development of fatigue technologies so long as they are not an 20
invasion of privacy and not used punitively; and 21
(g) The industry must remain exempt from the Fair Labor 22
Standards Act. 23
24
(2) SLEEP DISORDERS 25
M-13
If FMCSA develops screening and testing standards 1
for sleep disorders, the agency should do so only through 2
rulemaking and not through the publication of regulatory 3
guidance. 4
The Development of any future regulation on 5
establishing objective standards for sleep disorder screening, 6
testing and treatment should be focused on conditions that 7
pose a substantially elevated crash risk based on sound data 8
and analysis, be cost-beneficial, and promote effective 9
treatments that minimize the impact to motor carriers and 10
commercial vehicle operators. 11
12
(3) TRUCK PARKING [10/08] 13
ATA recommends creation of more long-term truck 14
parking as well as smarter parking in places where there is an 15
identified shortage of parking. 16
17
(4) SAFE USE OF TECHNOLOGY [02/10] 18
ATA supports the development and testing of cost-effective 19
onboard safety systems for all motor vehicles in an effort to enhance 20
the safety of all roadway users and the use of those systems which 21
have a proven significant safety benefit. ATA believes incentives 22
should be provided to encourage their adoption. [02/10] ATA 23
strongly encourages and recommends that manufacturers of these 24
devices, vehicle manufacturers, policymakers, motor carriers and 25
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organizations representing motor carriers and the motoring public 1
promote and adopt awareness, training, and safety policies on the 2
use of such technologies—unless required by current laws or 3
regulations—during the operation of a motor vehicle on our nation's 4
highways. 5
6
(5) CAR-TRUCK DRIVER BEHAVIOR [10/08] 7
ATA recommends implementation of an education and 8
enforcement program, such as Ticketing Aggressive Cars and 9
Trucks (TACT) that targets the problem behaviors of both passenger 10
and commercial motor vehicle drivers. 11
12
(6) AUTOMATIC ENFORCEMENT [10/08] 13
ATA supports enforcement using red light cameras and 14
automatic speed enforcement for all vehicles deployed in high risk 15
zones, such as high crash intersections, school zones and work 16
zones, to reduce crash rates. Motor carriers must receive timely 17
access to data and photos of the power unit and the driver. ATA 18
opposes deployment of enforcement technology for the purpose of 19
revenue generation. 20
21
(7) SPEED LIMIT 22
Enact a national speed limit not to exceed 65 miles per hour 23
[10/07] for all motor vehicles [10-08]. The trucking industry 24
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opposes the use of any mechanical or electrical devices that enable 1
drivers to exceed the speed limit without being detected. 2
3
(8) SPEED GOVERNING [10/08] 4
The speed of all electronically governed class 7 and 8 trucks 5
manufactured after 1992 used in commerce should be governed at a 6
maximum speed not to exceed 65 mph. Speed limiters on newly 7
manufactured class 7 and 8 trucks should be made more 8
tamperproof. Although ATA does not have a position on setting 9
speed limiters or engine control modules (ECMs) for passenger 10
vehicles, it recommends states consider setting the speed limiters on 11
the vehicles of drivers with certain driving convictions. 12
13
(9) DISTRACTED DRIVING [05/16] 14
ATA supports laws and regulations that ban a driver of any 15
vehicle from holding a wireless communications device to conduct 16
a conversation while driving, but allow the use of hands-free 17
devices that enable the driver to conduct a conversation without 18
holding the device. Such laws and regulations should retain 19
current exemptions which permit drivers to enter a telephone 20
number, an extension number, or voicemail retrieval codes into an 21
electronic device for the purpose of initiating or receiving a phone 22
call or using voice commands to initiate or receive a telephone 23
call. Such laws and regulations should also permit the use of other 24
devices (e.g., CB radios) not otherwise prohibited by law or 25
M-16
regulation. ATA also supports effective measures, including 1
educational and enforcement campaigns, to reduce the prevalence 2
of distracted driving by all roadway users. 3
4
3. VEHICLE 5
a. APPLICABILITY OF FEDERAL MOTOR CARRIER SAFETY 6
REGULATIONS 7
The provisions of the Federal Motor Carrier Safety Regulations should be 8
applicable to the operation of all commercial vehicles with a Gross Vehicle Weight 9
Rating (GVWR) of 10,001 pounds or more; to the operation of all vehicles 10
transporting hazardous materials in a quantity requiring placarding of the vehicle; and 11
to the drivers of all such vehicles. Under provisions of the Commercial Motor Vehicle 12
Safety Acts of 1982 and 1984, the applicability of these regulations should be 13
extended to the operations of such vehicles and drivers operating in intrastate 14
commerce and enforced through the Motor Carrier Safety Assistance Program 15
(MCSAP). 16
17
Rather than proposing changes in the applicability of the Federal Motor 18
Carrier Safety Regulations which would create a potential degradation of safety, 19
FMCSA is urged to direct its attention to affording relief from paperwork burdens and 20
any other specific requirements which do not demonstrably improve safety. 21
22
b. CRASHWORTHINESS [10/08] 23
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ATA supports crashworthiness standards for newly manufactured class 7 1
and 8 trucks, and a relative scale against which to measure a truck’s 2
crashworthiness. 3
4
c. ELECTRONIC LOGGING DEVICES (ELECTRONIC ON-BOARD 5
RECORDERS) 6
ATA supports federal laws and regulations requiring the use of electronic logging 7
devices (ELD) for documenting compliance with hours-of-service (HOS) rules. In 8
developing such a law or regulation, ATA believes the following issues should be 9
addressed. 10
(1) There should be sound evidence linking ELD use to 11
enhanced fleet safety performance. 12
(2) ELDs requirements should be based on the minimal, 13
functional, and performance specifications necessary to accurately 14
record and report hours-of-service compliance and assure reliability 15
and utility of operation. 16
(3) Except for HOS compliance data, statutory protections 17
should be afforded to motor carriers pertaining to the control, 18
ownership and admissibility/discoverability of data generated and 19
derived from ELDs, and to assure the privacy rights of drivers. 20
(4) Drivers shall be responsible for operating ELDs in full 21
compliance with all applicable regulations. 22
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(5) Any ELD regulation must address the operational diversity 1
of the trucking industry, continue existing exceptions to the record 2
of duty status, and consider additional exemptions that balance 3
compliance and the evolving industry diversity. 4
(6) Motor carriers using compliant ELDs should be relieved of 5
the burden of retaining supporting documents for verification of 6
driving time. 7
(7) Any ELD mandate, if instituted, should be made 8
simultaneously applicable to all vehicles of the affected population 9
of motor carriers, it should avoid any implementation inequities 10
identified and take measures to eliminate them. 11
(8) Tax incentives should be pursued as a means to facilitate 12
adoption of ELD systems. 13
14
d. IDENTIFICATION/MARKINGS ON TRUCKS 15
For safety purposes, the government should require permanent identification 16
on all vehicles operating in interstate and intrastate commerce. Identification for 17
vehicles operating under authority of the Federal Motor Carrier Safety Administration 18
or of State Agencies shall be in compliance with requirements of such Agencies. The 19
law should require that identification of other vehicles consist of the name, city and 20
state of the vehicle owner, or long-term lessee with the size and location of such 21
identification comparable to that required for authorized carriers. 22
23
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e. BRAKE ADJUSTING RESPONSIBILITIES 1
Written policies should be developed by each motor carrier fleet delineating 2
responsibility for performing brake adjustments. When drivers are held responsible 3
for making brake adjustments, motor carriers should assure that those drivers are 4
properly trained to do such work. 5
6
f. SEAT BELTS 7
ATA supports the adoption of primary seat belt laws for all motor vehicles 8
by all states. [10/05] ATA further supports strategies to enhance the use of seat 9
belts, such as primary seat belt laws in all states; incentives and penalties to 10
motivate states to pass primary seat belt laws; audible reminders for seat belt use in 11
commercial vehicles; contrasting colors for seat belts so law enforcement can 12
quickly identify non-users; state adoption of the failure to wear a seat belt defense; 13
and denial of workers compensation for drivers who fail to use seat belts. [10/08] 14
15
g. VEHICLE INSPECTIONS 16
Roadside inspections are more effective than state inspections conducted 17
annually or semiannually because they focus on the condition of drivers and loads as 18
well as the condition of vehicles and equipment. 19
20
Vehicles should be placed out-of-service only if they are so unsafe as to 21
likely cause an accident or breakdown. 22
23
4. MOTOR CARRIER 24
a. NEW ENTRANTS [10-08] 25
M-20
ATA recommends new motor carrier owners, both interstate and intrastate, 1
be required to satisfactorily complete a safety training class before commencing 2
operation. Safety training curricula should meet uniform standards nationwide. 3
ATA also recommends that the Federal Motor Carrier Safety Administration 4
(FMCSA) safety inspection be conducted at six months rather than at the current 5
18 months. Further, ATA recommends requiring new carriers to attach proof of 6
training to their application for a DOT number. 7
8
b. NATIONAL DRIVER REGISTER 9
The trucking industry supports improvement of the National Driver Register, 10
especially as it relates to use of the Register by employers as a means of determining 11
the driving record of present and future employees. 12
13
c. DRIVER INFORMATION RESOURCE [10/08] 14
ATA recommends following, shepherding, and stewarding the safety 15
benefits of the Driver Information Resource (DIR). ATA recommends carriers 16
access this data for drivers and that they access this data prior to hiring a driver. 17
18
d. NATIONAL REGISTRY OF CERTIFIED EXAMINERS [10/08] 19
ATA supports creation of the National Registry of Certified Medical Examiners 20
provided the certification requirements are not unduly burdensome, the supply of 21
examiners is sufficient in all areas of the country, and the system allows for 22
information sharing among examiners. 23
24
e. SAFETY RATINGS 25
M-21
The trucking industry supports the Federal Motor Carrier Safety 1
Administration program to conduct safety ratings of all motor carriers. 2
3
f. PENALTIES 4
Civil penalties for violations other than record-keeping violations should be 5
eliminated. The general criteria for determining if penalties should be imposed should 6
be the same for employers and employees. 7
8
5. OTHER 9
a. WORK ZONE SAFETY [05/16] 10
ATA supports effective measures to improve safety in highway work and 11
construction zones. Particular emphasis shall be placed on educating all roadway 12
users on how to safely interact with commercial motor vehicles in these areas. 13
ATA should also work with other stakeholders and Federal and state partners to 14
identify and promote other effective crash countermeasures, including uniform 15
state practices and improved work zone signage and notifications. ATA should 16
support and encourage relevant state agencies to improve construction work zone 17
designs and markings to safely accommodate commercial motor vehicles.18
N-1
N. SECURITY 1
In light of the September 11, 2001 attacks and continuing terrorist threats against the United 2
States, ATA supports reasonable efforts to ensure that hazardous materials, military and government 3
freight, select agents and toxins, and other sensitive freight is transported safely and securely. Driver 4
background checks should be a component of any freight security system. Checking drivers against 5
government terrorism and criminal databases is an inherently governmental role; carriers lack access 6
to such systems. To that end, ATA supports robust government background checks for drivers, 7
including fingerprint-based checks, before drivers can access sensitive freight. At the same time, 8
security concerns should not impede other legitimate commerce. 9
10
Such background checks should be necessary only when transporting weaponizable freight or 11
entering sensitive government or security-regulated facilities. Further, the federal government must 12
recognize a single security credential for ascertaining that a driver does not pose a terrorist threat. 13
Until such a single credential is developed and deployed, the government must work to harmonize 14
and unify existing programs by granting mutual recognition between programs’ background checks 15
and combining existing, redundant background check programs. 16
17
Losses from pilferage, theft and hijacking of cargo shipped by truck in interstate commerce 18
continue to be substantial. Cargo theft losses have a severe economic impact on the trucking industry, 19
the shipping public, small businessmen and consumers. 20
21
Means for reducing and controlling losses from pilferage, theft and hijacking of cargo in the 22
trucking industry should be developed and maintained. 23
24
25
N-2
1. PREVENTION 1
Motor carrier security personnel should be provided with detailed instructions on how 2
to establish, implement and maintain an effective motor carrier security program. 3
4
2. PROSECUTION 5
Motor carriers are the victims and not the perpetrators of cargo and vehicle theft. No 6
punitive measures should be taken or civil penalties assessed against motor carriers. 7
8
It is the responsibility of both local and federal officials to investigate and prosecute 9
perpetrators of motor carrier cargo and vehicle thefts. 10
11
State and local law enforcement officials should continue to share concurrent 12
jurisdiction with federal officials in cases involving theft of cargo from interstate shipments. 13
Local officials should not defer their responsibility to the FBI or other federal agencies. Both 14
local and federal officials should actively pursue and prosecute perpetrators of motor carrier 15
cargo and vehicle thefts through the criminal justice system. 16
17
While individual thefts of cargo can be of relatively low dollar value, cumulative 18
amounts are substantial. State, local, or federal involvement in cases concerning theft from 19
interstate shipments should not depend on a dollar value threshold for investigation and 20
prosecution. 21
22
3. DEPARTMENT OF DEFENSE 23
ATA is highly concerned over the security of shipments for the Department of 24
Defense of sensitive items. However, if DOD believes a load requires armed security, the 25
N-3
government should be responsible for providing: the security personnel; required arms; and 1
indemnification of motor carriers for all liabilities resulting from incidents involving said 2
security personnel or use of arms by motor carrier employees. 3
O-1
O. TRANSPORTATION 1
The economy and security of the Nation require transportation services and facilities to 2
provide for its needs and growth. These transportation services and facilities are best developed and 3
maintained under private ownership with equality of treatment by government for all modes. 4
5
It is imperative that all transportation modes, particularly motor carriers, operate under laws, 6
regulations and policies fostering a healthy business climate and providing for competitive 7
opportunities that preserve the advantages of each mode for the public good. Such laws, regulations 8
and policies should assure adequate public protection against interruptions in transportation that 9
impedes the supply of products or services and affect the safety, health and welfare of the public. 10
11
The trucking industry wholeheartedly supports the National Transportation Policy (49 U.S.C. 12
Section 13101) but insists that there be full enforcement and administration of all sections of the 13
policy, as follows: 14
15
...to ensure the development, coordination, and preservation of a 16
transportation system that meets the transportation needs of the United States, 17
including the United States Postal Service and national defense, it is the policy 18
of the United States Government to provide for the impartial regulation of the 19
modes of transportation subject to this subtitle, and in regulating those modes 20
-- 21
(1) to recognize and preserve the inherent advantage of each mode of 22
transportation; 23
(2) to promote safe, adequate, economical, and efficient transportation; 24
(3) to encourage sound economic conditions in transportation, 25
O-2
including sound economic conditions among carriers; 1
(4) to encourage the establishment and maintenance of reasonable rates 2
for transportation without unreasonable discrimination or unfair or 3
destructive competitive practices; 4
(5) to cooperate with each state and the officials of each state on 5
transportation matters; 6
(6) to encourage fair wages and working conditions in the transportation 7
industry; and 8
(7) with respect to transportation of property by motor carrier, to promote 9
competitive and efficient transportation services in order to 10
11
(a) meet the needs of shippers, receivers, and consumers; 12
(b) allow a variety of quality and price options to meet changing 13
market demands and the diverse requirements of the shipping 14
public; 15
(c) allow the most productive use of equipment and energy 16
resources; 17
(d) enable efficient and well-managed carriers to earn adequate 18
profits, attract capital, and maintain fair wages and working 19
conditions; 20
(e) provide and maintain service to small communities and small 21
shippers; 22
(f) improve and maintain a sound, safe, and competitive 23
privately-owned motor carrier system; 24
(g) promote greater participation by minorities in the motor 25
O-3
carrier system; and 1
(h) promote intermodal transportation. 2
3
Government agencies should exercise all powers granted by Congress to bring about the 4
development, coordination and preservation of transportation in accordance with the national 5
transportation policy. 6
7
1. RESEARCH AND DEVELOPMENT 8
Our nation's ability to compete in the world market and to defend our interests at home 9
and abroad is contingent upon a modern efficient national transportation system. This 10
depends upon a coordinated, comprehensive transportation research and development 11
program. 12
The trucking industry has a crucial role in establishing the research agenda, goals, and 13
priorities. The trucking industry supports government and industry initiatives, such as those 14
aimed at enhancing cooperative research and development efforts among government and 15
industry bodies. 16
17
2. GOVERNMENT TRAFFIC 18
Federal agencies, in procuring transportation services, should be required by law to 19
apply fair and reasonable rates. Federal agencies should be required to be fair, reasonable 20
and equitable when promulgating rules and regulations governing the use of carriers by the 21
federal governments. 22
23
3. INSURANCE 24
A sound transportation system requires adequate insurance to cover potential liability 25
O-4
exposure risks. These include public liability and property damage, workman's compensation, 1
cargo loss and damage, and umbrella or excess coverage above the retention sometimes used 2
by self-insurers. 3
4
a. As part of the national transportation policy, motor carriers should be required by 5
law to have liability coverage adequate to protect the public, at reasonable 6
minimum limit levels. 7
b. Government regulatory agencies should ensure that liability insurance is available 8
at reasonable and relatively stable rates. Those rates should be reflective of the 9
claims and safety experience of the motor carrier. The law should require that 10
insurance policies not be cancelled without adequate notice to the insured. 11
Unusual and arbitrary exclusions should be discouraged. State assigned risk pools 12
should at least provide coverage to meet federally imposed minimums. Assigned 13
risk pools should be self-supporting for the claims of its policyholders. 14
c. Congress should clarify the legal definition of "sudden and accidental" 15
environmental damage, to permit insurance companies to assess the risk and 16
provide adequate insurance. 17
d. The insurance industry should be prohibited by law from unreasonable increases 18
in premiums or arbitrary cancellations if such actions threaten to disrupt interstate 19
commerce. 20
e. A motor carrier should be allowed by law to self-insure under certain controlled 21
conditions if it can show an ability to meet its obligations. Regulations and 22
procedures for self-insurance should be uniform among the various controlling 23
agencies. Approval of a motor carrier as a self-insurer by a federal agency should 24
be accepted by all states. 25
O-5
f. Carriers should be permitted to use surcharges to recoup their insurance costs. 1
Carriers should be permitted to exclude from the computation of their gross 2
revenues, the revenues they derive from their surcharges. The revenues received 3
from the surcharges should inure to the benefit of the person actually incurring the 4
expense. 5
g. Motor carriers should not be required to purchase or maintain insurance coverage, 6
such as uninsured motorist coverage, that is unnecessary or duplicative. 7
8
4. TORT REFORM 9
The trucking industry supports reasonable tort reform measures on both the federal 10
and state levels. The injured party should not be compensated beyond the level of its injuries; 11
nor should the party causing the injury be punished beyond its own proportionate 12
responsibility for that injury. 13
14
Excessive litigation costs and court awards increase the costs of essential products and 15
services for all American businesses and consumers. In recent years, the transportation 16
industry has been made aware of the effects of these factors through the cost to trucking 17
companies of federally mandated insurance. While litigation costs are not the only reason for 18
the unjustified increase in insurance premiums, they have been a major factor. 19
20
Federal and state laws should be revised to encourage the use of alternative dispute 21
settlement procedures. These procedures may include arbitration or other expedited 22
settlement procedures. The use of these procedures reduces the litigation costs of all parties 23
and is more likely to result in dispute settlements that are more rationally related to the injury 24
of the plaintiff and the responsibility of the defendant. Federal and state laws should be revised 25
O-6
to allow for periodic payment of awards of non-economic or future losses above a certain 1
level; and Courts should be able to impose sanctions against attorneys who bring frivolous 2
suits, offer frivolous defenses or who take any other unwarranted action intended to 3
unnecessarily delay the legal proceedings or increase litigation costs. 4
5
Other principles of tort reform that ATA should support and seek to have enacted 6
include [06/08]3: 7
8
a. The elimination of joint and several liability for damages in civil actions; 9
b. The full implementation of the doctrine of comparative fault in the apportionment 10
of damages among all those responsible for an injury, including those who may 11
not be parties to the litigation; 12
c. The limitation of awards of punitive damages in civil actions; 13
d. The limitation of the amount of an award of noneconomic damages for such 14
injuries as pain and suffering, loss of companionship or consortium, and 15
emotional distress, items that can be used as a surrogate for punitive damages or 16
otherwise unduly magnified by a judge or jury; 17
e. The recognition of collateral sources of benefits, such as medical insurance, to 18
eliminate double recoveries in tort judgments; 19
f. The admission of the failure to use a seat belt by a plaintiff in civil litigation as 20
evidence both to prove the plaintiff’s contributory negligence and to mitigate 21
damages; 22
3 The Tort Reform Policy was changed to incorporate the list of principles developed by the ATA Insurance Task
Force.
O-7
g. The enactment of state laws that permit law enforcement to stop a vehicle for the 1
primary purpose of enforcing the state requirement for driver and passengers to 2
wear a seat belt; 3
h. The repeal of specific state statutory provisions that provide a broader choice of 4
venue to plaintiffs suing motor carriers, as opposed to other defendants; and 5
i. The enactment of state laws declaring that indemnification or additional-insured 6
provisions in contracts for transportation services are void as against public policy 7
to the extent they require the shifting of risk for a party’s own negligence or 8
misconduct. 9