WASHINGTON — The House Committee on Transportation & Infrastructure had a hearing on Wednesday with the purpose of examining the Department of Transportation’s regulatory and administrative agenda.
Highways and Transit Subcommittee Chairman Rick Crawford (R-AR) opened the meeting.
“We are here today to examine the Department of Transportation’s regulatory and administrative agenda with respect to the modal administrations under this subcommittee’s jurisdiction,” Crawford said. “Since President Biden took office, we’ve heard frequently from stakeholders spanning all regions and industries about the burden of this administration’s onerous regulatory agenda. An analysis by the National Association of Manufacturers found that across the board, federal regulations cost the United States economy more than $3 trillion. Yet, the Administration continues to march forward with crushing regulations, including those that exceed its statutory authority.”
According to Crawford, the Federal Highway Administration continues to pursue its final rule to force a greenhouse gas performance measure on state departments of transportation and metropolitan planning organizations, despite lacking the statutory authority to do so.
“As I have said many times in this subcommittee, this policy was considered and disposed of during negotiations of the Infrastructure Investment and Jobs Act,” Crawford said.
Crawford noted that two federal courts issued opinions earlier this year finding the rule exceeds the Administration’s statutory authority. The United States District Court for the Northern District of Texas went so far as to vacate the rule. Concerns have been repeatedly raised in this subcommittee about the Administration’s unauthorized actions, including concerns that this rule would put the thumb on the scale and potentially influence project selection.
Confusion over regulation details
“Similarly troubling, we’ve heard concerns from businesses that they’re being hamstrung by ambiguity and a lack of clarity surrounding regulations,” Crawford said. “The so-called Inflation Reduction Act provided $4.5 billion for the Biden Administration’s Buy Clean Initiative to allow the General Services Administration and Federal Highways to pilot low-embodied carbon programs. There has been confusion about the material requirement differences between GSA and Federal Highways, as well as a lack of transparency for the Environmental Product Declaration, or EPD, collection. I remain concerned that the Biden Administration is pushing the market without considering the actual lifecycle of the materials in construction projects.”
“Likewise, rules and regulations continue to be considered that mandate certain technologies that may not be ready for mass adoption, particularly as it relates to the trucking sector,” Crawford said. “This can stifle the safe and efficient movement of freight, have safety implications on other roadway users, and may needlessly increase costs for consumers.”
Lewie Pugh, head of the Owner-Operator Independent Drivers Association (OOIDA) testified at the hearing.
“Prior to working at OOIDA, I was a small-business trucker for nearly 23 years with 2.5 million miles of safe driving,” Pugh said. “Before operating my own trucking business, I drove a truck during my service in the United States Army. I still proudly hold a Commercial Driver’s License (CDL). In short, I’ve been a trucker my entire career.”
The Owner-Operator Independent Drivers Association is the largest trade association representing the views of small-business truckers and professional truck drivers. OOIDA has approximately 150,000 members located in all fifty states that collectively own and operate more than 240,000 individual heavyduty trucks. According to Pugh, OOIDA’s mission is to promote and protect the interests of our members on any issues that impact their economic well-being, working conditions, and the safe operation of commercial motor vehicles (CMVs) on our nation’s highways.
“Small trucking businesses, like those we represent, account for 96 percent of registered motor carriers in the United States, making them a key component of the nation’s supply chain,” Pugh said. “We are undoubtedly the safest and most diverse operators on our nation’s roads. Every region of our country and segment of our economy relies upon long-haul truck drivers. Our members are an integral part of the global supply chain and have a unique perspective on the many challenges our nation faces in moving freight in the safest, most efficient manner.”
Trucking industry more regulated than any other
Pugh noted that trucking is one of the most heavily regulated industries in America. Federal regulations affect nearly every aspect of a professional driver’s life. From the number of hours they can drive before taking a break or shutting down, to the color and width of tape they must use on their trailers, nearly every element of trucking is controlled by a regulation. Complying with existing regulations, many of which have absolutely no connection with safety, can be overwhelming for even the most experienced driver. In some cases, it can be damn near impossible. While compliance rates with this dizzying array of regulations have never been higher, there are those, including large motor carriers, shippers, safety advocates, elected officials, and bureaucrats, who not only resist modernizing or eliminating needless regulations, but want to impose even more impractical and ineffective rules on American truckers. Some of these entities want to go so far as mandating speed limiters on all commercial vehicles, which could force truckers to travel 20 mph below the posted speed limit.
Truckers feel concerns unheard
Pugh stated that supporters have dismissed concerns about the disastrous consequences this regulation would have on highway safety and the supply chain. Others, with no experience in the day-to-day operation of a CMV, want to mandate the use of unproven and cost-prohibitive equipment like side underride guards that would jeopardize the safety of drivers and the future of their businesses. Pugh also added that there are members of the Committee who want to dramatically increase the amount of liability insurance truckers must carry, knowing this increase is entirely unnecessary and will immediately destroy innumerable small trucking businesses.
“If this paints a picture of a dysfunctional regulatory environment where practical solutions have become secondary considerations, then you’re starting to see things like an OOIDA member,” Pugh said. “Let me be clear, OOIDA and our members are not anti-regulation, as some would have you believe. In fact, the opposite is true. We have a long history of supporting regulations that address critical needs in our industry and are backed by sound research and data. For decades, we have pushed for enhanced driver training requirements to ensure the men and women behind the wheel of a CMV are prepared to operate at the safest level. We’ve also pushed for greater broker transparency, stronger truck leasing requirements, better driver pay, and more accurate and reliable safety ratings systems. Truckers believe Congress and the Department of Transportation (DOT) have inconsistent records when it comes to crafting regulations that support their needs. Even members of this Subcommittee have demonstrated inconsistency when it comes to developing regulations that advance our shared objective of improving highway safety and supporting those who make their living on the road.”
According to Pugh, while Congress’s recent record features both positive and negative aspects, truckers have grown frustrated with the Biden Administration’s regulatory steps initiated under their own authority. First and foremost is the wildly unpopular and dangerous speed limiter mandate proposed by the Federal Motor Carrier Safety Administration (FMCSA), which should be withdrawn immediately.
“We are also concerned by FMCSA’s efforts to water down commercial driver’s license (CDL) requirements at a time when we should be enhancing driver training regulations,” Pugh said. “Even when moving in the right direction, such as working to improve broker transparency and enhancing the ability of truckers to report safety risks through the National Consumer Complaint Database (NCCDB), the agency is painfully and unnecessarily slow to act. Outside DOT, truckers can’t believe the Environmental Protection Agency (EPA) is moving forward with more crippling emissions regulations. In the end, truckers want regulations that reflect their needs and the changing dynamics of their industry. It’s time for Congress and DOT to help make trucking an appealing, safe and sustainable career by listening first to the people that make their living behind-the-wheel.”
To watch the full hearing, visit https://transportation.house.gov/calendar/eventsingle.aspx?EventID=407667
Dana Guthrie is an award-winning journalist who has been featured in multiple newspapers, books and magazines across the globe. She is currently based in the Atlanta, Georgia, area.
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