Whether it concerns cybersecurity or commercial driver’s licenses, the United States needs to take control.
That was Rep. Jeff Van Drew’s (R-N.J.) message during a House Oversight Subcommittee hearing on Wednesday, Jan. 21.
“If we do not control the systems, the hardware and the data, then we do not control the risk,” said Van Drew, who is the subcommittee’s chairman.
Titled “Embedded Threats: Foreign Ownership, Hidden Hardware and Licensing Failures in America’s Transportation System,” the hearing spent considerable time focusing on how foreign actors – specifically China – have penetrated U.S. transportation systems through toll roads, embedded hardware and licensing loopholes. For instance, China is estimated to possess about 90% of the global market for lidar, which is a key component in autonomous vehicles.
“We’re already under attack,” said Emily de La Bruyere, who was testifying on behalf of the Foundation for Defense of Democracies.
Rocky Cole, a former intelligence analyst at the National Security Agency, characterized the dilemma as a “Cyber Cold War,” saying that China is hoarding U.S. data and is strategically infiltrating the transportation system for a potential strike.
“The U.S. intelligence community assesses with high confidence that these actors are embedding sleeper software within our infrastructure to be activated at will,” Cole said.
The hearing also exposed cybersecurity concerns involving electronic logging devices, which the majority of commercial motor vehicles are required to use.
Of course, the concerns aren’t new, however. As part of its fight against the ELD mandate, the Owner-Operator Independent Drivers Association in 2017 cited “significant technological and real-world concerns,” including cybersecurity vulnerabilities. Then, in 2020, the FBI’s Cyber Division released a bulletin that confirmed the concerns regarding cyber criminals and ELDs. In the bulletin, the FBI said that bad actors could steal financial records or install malware that prevents the truck from operating until a ransom is paid.
In 2024, academic research revealed that a truck could easily be hacked into through the ELD, giving bad actors control of the commercial motor vehicle’s accelerator.
Now, even the American Trucking Associations, which was a leading advocate for the ELD mandate, acknowledges the cybersecurity risks.
“Some devices use AI to produce fake documentation like fuel and food receipts and to fabricate hours of service,” ATA President Chris Spear said as part of his testimony. “Equally concerning are digital backdoors that can provide U.S. adversaries access to sensitive supply chain data.”
CDLs and English proficiency
In addition to threats from foreign adversaries, Van Drew suggested that improper use of non-domiciled CDLs and letting individuals who can’t read or speak English operate 80,000-pound trucks have created internal national security concerns.
“Truck drivers must be able to read road signs, understand instructions, communicate with law enforcement and respond in emergencies,” Van Drew said. “When states ignore those requirements, Americans pay the price.”
Van Drew then cited several recent examples of fatal truck crashes involving truck drivers who reportedly failed to possess the necessary English skills.
The requirement that truck drivers be proficient in English is a longstanding regulation that dates back to the 1930s.
It is worth noting that the surge of non-domiciled CDLs came during a time when the ATA was claiming that a severe driver shortage threatened the nation’s supply chain.
Spear did not mention a driver shortage during his testimony. Instead, he called out states, training schools and federal regulators for “fast-tracking” applicants.
“CDL mills, which masquerade as legitimate schools, have fast-tracked … individuals into trucking by putting profits before training,” Spear said. “Meanwhile, state licensing agencies handed out improper credentials and federal regulators looked the other way, enabling unqualified individuals to climb into the driver’s seat.”
Rep. Jasmine Crockett, D-Texas, argued that being a bad driver may not have anything to do with being able to speak English. She then mentioned instances where she was able to rent a car in foreign countries without being able to speak the country’s official language.
Van Drew and Spear both countered Crockett’s comments by pointing out the difference between driving a car and an 18-wheeler.
“When she was driving in these foreign countries, she probably wasn’t driving an 18-wheeler,” Van Drew said. “I can probably guarantee that … Well, I’m hoping not.”
Following the hearing, OOIDA applauded Van Drew for bringing these important issues to light, while also suggesting that ATA changed its narrative regarding non-domiciled CDLs, English proficiency and ELD threats.
“OOIDA appreciates Congressman Van Drew’s efforts to address English language proficiency, non-domiciled CDLs, and autonomous vehicle cybersecurity,” said Collin Long, OOIDA’s director of government affairs. “We have led the charge for legislative and regulatory solutions to these issues and will keep fighting for lasting change that benefits professional drivers. It’s also nice to see our friends at ATA come around on so many of these issues, including inherent problems with the ELD mandate they previously dismissed.” LL
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