on .

ATA today filed a Petition with the United States Supreme Court asking it to review the Ninth Circuit’s holding in ATA’s challenge to the Port of Los Angeles concession program requirements. Although ATA prevailed on the primary issue in the case, securing a ruling striking down the Port’s independent contractor ban, other components of the program were upheld.

The Petition asks the Court to review and ultimately reverse the Circuit Court’s finding that the market participant exception to federal preemption protected concession program requirements such as an off-street parking mandate, a placarding rule, and a financial capability provision. The Petition also seeks review of the lower court’s determination that the Port has authority to decide which motor carriers may operate in interstate commerce at the Port. The Petition highlights the divergence of the Ninth Circuit opinion from the legal interpretations of other Circuits regarding the scope of the market participant exception in support of the need for Supreme Court review.

A strong dissent by the Circuit panel’s Chief Judge and a prior Department of Justice amicus brief supporting ATA’s position are also cited in the Petition. ATA is encouraging other organizations with an interest in the issues presented in the case to file amicus briefs supporting ATA’s request for the Court to hear the case. Those briefs will be due by approximately January 23, 2012. Following submission of a brief by the Port and an ATA reply filing, the case will be  submitted for consideration. A decision as to whether the Court will hear the appeal will likely be made by approximately April of next year. Contact: Robert Digges, Jr. at This email address is being protected from spambots. You need JavaScript enabled to view it..


on .

Today, Dec. 22, FMCSA posted its new HOS rule on its website along with other materials, including a Q&A document.  The good news is that FMCSA is retaining the 11 hour driving time limit. However, the agency imposed restrictions on the use of the 34 hour restart – to include two consecutive nighttime periods (1 – 5 a.m.), and restricted consecutive hours of driving by including a required rest break. FMCSA has provided a lengthy transition period until July 1, 2013 for most but not all of its changes. ATA has already prepared a one-page summary of the rule, along with a chart comparing the changes to the current rules. These documents can be found here, here and here.

Contacts: Dave Osiecki at This email address is being protected from spambots. You need JavaScript enabled to view it. and Rob Abbott at This email address is being protected from spambots. You need JavaScript enabled to view it..

DOT Keeps 11-Hour Limit for Truck Drivers in Updated HOS Rule

on .


The Department of Transportation released its final hours-of-service rule Thursday, holding truck drivers’ daily driving limit at 11 hours while setting restrictions on drivers’ weekly hours.

DOT trimmed drivers’ maximum weekly hours to 70 from 82, and said drivers’ 34-hour restarts must include two periods between 1 a.m. and 5 a.m.

The restart provision allows drivers to reset their weekly work cycles by resting for 34 hours. The change requires that time block to include two periods between 1 a.m. and 5 a.m., in an effort to get drivers to sleep two nights.

Research previously cited by DOT’s Federal Motor Carrier Safety Administration said that ensuring nighttime sleep reduces driver fatigue.

The trucking industry, along with shippers, business interests and a large group of allies, had vehemently opposed an FMCSA proposal issued last December that would have set a 10-hour daily limit on driving. Continue reading.


CARB Moves Forward with Clean Fuels Program

on .

By CCJ Staff
Published December 19, 2011

The California Air Resources Board voted to introduce some changes to its Low Carbon Fuel Standard to streamline procedures and clarify language. The Low Carbon Fuel Standard is designed to reduce greenhouse gas emissions from transportation fuels 10 percent by 2020.

“The Low Carbon Fuel Standard is an essential part of California’s program to move away from dirty fuels and toward a clean energy future,” says Mary Nichols, CARB chairman. “These changes streamline the program. They ensure that we accurately account for every gram of carbon released during the extraction and transportation of unrefined fossil fuels, no matter where they come from.”

CARB says one key amendment will improve how the regulation accounts for the carbon intensity of crude oils. The carbon intensity of crudes can vary significantly with heavy crudes generally having a higher carbon footprint. The proposed amendments require that the carbon intensity of crudes be fully accounted for just like other fuels under the program. The provision also incentivizes innovation by providing credits... Continue reading.


As Infrastructure Crumbled, Congress, Obama Couldn’t Get Roads Deal...

on .

By Michele Fuetsch, Staff Reporter
This story appears in the Dec. 19 & 26 print edition of Transport Topics.

When it comes to the nation’s transportation infrastructure, 2011 was a year marked by frustration.
Despite reports about costly congestion and the deteriorating state of America’s roads and bridges, Congress failed for the third consecutive year to produce a long-term surface transportation spending plan.

Even with high unemployment and intense lobbying by road builders, labor, trucking, and manufacturers, 2011 ends with the Republican leadership in the U.S. House of Representatives saying it could be February before a transportation bill is even introduced there.

Meanwhile, SAFETEA-LU, the 2005 law that governs federal spending on highway construction and safety programs, initially expired in 2009.

Congress has since passed a series of temporary extensions, lest all highway programs come to a halt as airport projects did for nearly two weeks this summer when Congress could not agree on new authorizing legislation for the Federal Aviation Administration.

The latest of the SAFETEA-LU extensions was approved by Congress in September but runs out on March 31. And while a transportation reauthorization bill was introduced in the Senate in November, the bill is only a two-year plan and has been declared unacceptable by House Transportation and Infrastructure Chairman John Mica (R-Fla.)

President Obama presented a $556 billion transportation reauthorization blueprint in February that called for $336 billion in highway spending over the next six years, a 48% increase over highway spending in SAFETEA-LU.

The president did not, however, suggest a new revenue source to pay for his plan, and the White House has ruled out an increase in the fuel taxes that provide most of the money in the Highway Trust Fund.

In late May, a bipartisan coalition of four senators led by Sen. Barbara Boxer (D-Calif.), chairwoman of the Environment and Public Works Committee, outlined a six-year reauthorization plan that at $339 billion was less ambitious than the president’s. By Sept. 9, when the senators finally introduced their bill, it was a $109 billion measure and for only two years.

Besides Boxer, the coalition included Sen. James Inhofe (R-Okla.), EPW’s ranking minority member; Sen. David Vitter (R-La.), ranking member on EPW’s Transportation and Infrastructure Subcommittee; and Sen. Max Baucus (D-Mont.), who chairs the EPW subcommittee and the Senate Finance Committee.

Like the president before them, the senators did not suggest a way to fund their plan.

On the House side, the new Republican leadership took charge of the reauthorization debate early in the year, passing a rule that transportation spending must be limited to the about $35 billion a year that flows into the Highway Trust Fund from fuel taxes.

That would have meant a reduction of about 30% in current transportation funding, which for years has been supplemented by the general fund.

As a result, in July, Mica outlined a dramatically spare reauthorization spending plan, saying he had to abide by the leadership’s rule.

By September, however, as President Obama called on Congress to agree to his new $447 billion jobs and infrastructure plan, the Republican leadership changed course.

It said it would abandon the 30% cuts and find a way to sufficiently fund a long-term reauthorization bill that would stand as the party’s jobs bill.

In November, Mica and House Speaker John Boehner (R-Ohio) announced they had a plan: a five-year reauthorization bill funded with expanded oil drilling along coastal areas and in the Alaska National Wildlife Refuge and increased production in the nation’s oil shale areas.

That bill has yet to be introduced and Mica has since announced that he will not introduce a reauthorization measure until January or February.

By Michele Fuetsch, Staff Reporter
This story appears in the Dec. 19 & 26 print edition of Transport Topics

NTSB Wants Ban on All Phone Use and Texting While Driving

on .


U.S. drivers would not be able to send text messages or use mobile phones — even with headsets or speakers — under a recommendation Tuesday by the National Transportation Safety Board aimed at preventing distracted-driving crashes, Bloomberg reported.

“Too many people are texting, talking and driving at the same time,” NTSB Chairman Deborah Hersman said at a hearing in Washington. “It’s time to put a stop to distraction. No call, no text, no update is worth a human life,” she said, Bloomberg reported

Systems built into cars, like General Motors Co.’s OnStar, and global positioning systems would not be affected by the ban, an NTSB spokeswoman said... Continue reading.


Senate Panel OKs Freight Program, EOBRs In Funding Package

on .

By Michele Fuetsch, Staff Reporter
This story appears in the Dec. 19 print edition of Transport Topics.

The Senate Commerce Committee approved a bill to create a national freight program that its sponsors said would boost America’s global economic competitiveness, improve its mobility and promote energy conservation.

The bill was one of four the committee approved Dec. 14 in connection with a larger, two-year transportation reauthorization measure moving through the Senate.

Under the freight program, the federal government would develop goals for freight transportation and make strategic investments in projects that relieve congestion and speed the movement of goods on highways, rail and water.

The proposal recognizes “the importance of efficiently and safely moving goods” in order to keep businesses competitive and create jobs, said its sponsor, Sen. Frank Lautenberg (D-N.J.).

“The fundamental infrastructure, highway infrastructure, was done in the 1950s,” Lautenberg said. “We were 170 million people in this country. We’re now 310 million people . . . and the infrastructure is wobbly, shaky, and unsafe in many areas.”

In a letter sent to the committee before the vote, however, American Trucking Associations President Bill Graves said the industry is “concerned that neither the source nor the amount of funding for the new freight funding program has been specified.”

Sen. Kay Bailey Hutchison (R-Texas) tried unsuccessfully to kill the proposed freight program, saying that trucking was worried Highway Trust Fund money would be diverted to support the program as well as the proposed new freight office within the U.S. Department of Transportation.

Lautenberg and other senators supporting the freight proposal said trust fund money would not be used.

Graves in his letter applauded the committee for moving a reauthorization bill closer to reality and commended the senators for their “efforts to produce a bill that will have a positive impact on truck safety.”

The legislation proposes a mandate for electronic onboard recorders on all trucks and buses. ATA has called for an EOBR mandate, a measure opposed by the Owner-Operator Independent Drivers Association... Continue reading.