The United Auto Workers (UAW) union strike at Volvo's New River Valley (NRV) truck assembly plant ended Friday after a two-week work stoppage. The parties reached a tentative agreement early Friday morning. Volvo Trucks North America, via emailed statement, confirmed that "in conjunction with the tentative agreement, the UAW has ended its strike against the NRV plant, effective 7:00 a.m. [EST] on April 30, 2021." Details of the tentative five-year contract are being withheld until UAW members can be briefed prior to a ratification vote in the coming days, but UAW Secretary-Treasurer and Director of the UAW Heavy Truck Department Ray Curry said via statement to CCJ that striking union members "achieved significant gains toward fair pay, benefits and job security protections." Once ratified, the contract will cover approximately 2,900 plant employees. Volvo's NRV operation employs more than 3,300 people and is in the midst of a $400 million investment for advanced technology upgrades, site expansion and preparation for future products. The plant has added 1,100 jobs since the current union agreement was implemented in 2016 and is on track to have a net increase of approximately 600 positions in 2021, according to Volvo. UAW Local 2069 workers in went on strike Saturday, April 17, following the lapse of a 30-day extension to a five-year contract that expired March 15. Negotiation between the union and Volvo Trucks kicked off earlier this week. UAW previously went on strike at NRV in February 2008, and an agreement was reached the following month. https://ift.tt/2ytPsnD
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Trucking news and briefs for Friday, April 30, 2021: Cargo theft numbers mostly flat year-over-year, CargoNet reports CargoNet recorded 289 thefts or attempted thefts in the first quarter of 2021, which is a decrease from the same period in 2020. The firm says the decrease was “mostly felt in fewer theft schemes targeting truckload copper shippers in Illinois, trailer burglaries in Illinois, Pennsylvania and Georgia, and fewer full-truckload thefts in Pennsylvania.” The average value per theft was $142,574, the firm adds. Theft activity in first quarter was highest in Texas, California and Florida, and all three states reported significant increases in theft. Theft activity in Florida fell in February but spiked significantly in March, CargoNet says. This paved the way for a 26% increase when compared to first quarter of 2020 in theft activity in the state. Historically, theft was most frequent around Miami, but that trend has recently shifted to truck stops and retail parking lots in the Jacksonville, Tampa and Orlando metropolitan areas. For California and Texas, CargoNet's analysts have worked to prevent victimization by releasing several warnings about commodities and locations of concern to CargoNet members so they can harden their supply chains to theft. The firm continues to monitor crime patterns in both states – specifically frequent attacks on truckload computer electronics shippers in Northern and Southern California. Pilferage and full-truckload theft of computer electronics shipments in California have increased 88% year-over-year. New FMCSA-sponsored ADAS guides available The two guides provide information on the safety benefits of ADAS, as well as return on investment expectations. The four videos describe the features and benefits of ADAS technologies related to braking, warning, steering and monitoring functions. “Trucking industry crashes are a primary reason that motor carriers and truck drivers are experiencing double-digit increases in commercial insurance costs, even when the majority of crashes are caused by the car drivers,” said Dan Murray, program co-principal investigator and senior vice president, American Transportation Research Institute. “ADAS technologies can mitigate crashes regardless of who is negligent. The direct impact is fewer crashes and lower operating costs. The materials we’re releasing today will help industry stakeholders make better informed decisions on adopting proven safety technologies.” The Tech-Celerate Now program was developed by FMCSA to reduce fatalities, injuries and crashes through expanded use of advanced driver assistance systems (ADAS). The program is analyzing industry awareness and perceptions of ADAS, with the goal of increasing its voluntary adoption of safety technologies among fleets and owner-operators. Longtime trucking ambassador Thomas Schilli passes away Thomas Raymond Schilli, age 74, of Bonita Springs, Florida died Tuesday, April 13, at his home with his family. He died from a rare form of cancer he had fought for over 13 years. Schilli was born on June 3, 1946, in St. Louis, to Laura Catherine and Bernard Raymond Schilli. He grew up in St. Genevieve, Missouri, until he was in middle school when his family relocated to St. Louis. Schilli graduated from St. Louis University High School in 1964. He attended Marquette University and St. Louis University and served in the Marine Corps. In 1961, his father, Bernard, founded Schilli Motor Lines, Inc. Thomas purchased Schilli Motor Lines and relocated the business to Delphi, Indiana, in 1969. He began his career operating six tractors and a small group of owner-operators that were leased to the fleet. The company quickly grew and was relocated in 1973 to Remington, Indiana, due to the ease of Interstate 65 between Indianapolis and Chicago. In 1972, a relationship was forged between United States Gypsum and Schilli Motor Lines, which led to the first terminal in Shoals. As Schilli began to purchase more tractors and reduced the number of owner-operators he worked with, the difficulty of hiring professional truck drivers became clear. However, his solution was to give drivers time at home with their families on the weekends. After deregulation, Schilli began the development of a flatbed trailer that would allow a load capacity of 56,000 pounds versus the standard of 48,000 pounds. In the late 1990’s, Schilli began a new company, Schilli Distribution Services, a warehousing operation that provided from assembly line to delivery to retailers worldwide operation. In early 2017, Schilli felt a merger with Daeske, Inc., would result in a bright future for the companies he had built and a continuation of his legacy. In May of 2017, a merger was completed between Daeske and Schilli Transportation Services, Schilli Distribution Services, Schilli National Lease, and Schilli Specialized, which included 365 tractors with a combination of 750 flatbeds and vans. In 2018, Schilli won the Truck Fleet Innovators award for what he had contributed over his career of 50 years from ultralight trailers, to the concept of home time on the weekends for drivers, and his “tiered” program for training the next generation of technicians with Schilli National Lease. With over 50 years in transportation, Schilli was a member and served within the Indiana Motor Truck Association, Indiana Carrier Advisory Board, American Trucking Association, as well as the Truckload Carriers Association. TCA was where Thomas funneled endless hours of service over his lifetime including being 1988-1989 chairman of the organization. Schilli Motor Lines/Schilli Transportation Services was a 2010 Ambassador recipient due to their 50 years of commitment to TCA. The pursuit of education was something Schilli held dear and he was involved in the development of the Truckload Carriers Association Scholarship Fund. Member carriers of the TCA are encouraged to have their employees' children and grandchildren apply for scholarships to help them pursue higher education. Thomas Raymond Schilli’s Celebration of Life was held on Thursday, April 29, at Bob and Connie’s Restaurant in Remington, Indiana. Visitation will be held on Friday, April 30, from 6-8 p.m., at Bopp Chapel Funeral Home, 10610 Manchester Road, Kirkwood, Missouri 63122. Memorial Mass will be held on May 1, at 3 p.m., at St. Louis University High School Chapel, 4970 Oakland Ave., in St. Louis. A private burial will occur at Resurrection Cemetery, in St. Louis. Memorials may be given to the Thomas R. Schilli Foundation, 326 Oak Tree Dr., St. Louis, MO 63119, or the TCA Scholarship Fund, Thomas Schilli Scholarship c/o Truckload Carriers Association, P.O. Box 76026, Baltimore, MD 21275-6036. C.R. England boosts driver pay The increase will benefit the fleet’s line haul drivers in the Over the Road Division and drivers in training. The increase took effect April 22. “I am thrilled to announce our biggest OTR pay increase in company history,” said Chad England, C.R. England CEO. “This increase benefits every OTR driver that is paid mileage pay, which makes up the vast majority of our OTR fleet. It applies to drivers at every seniority level and to our current length of trip pay bands.” https://ift.tt/2ytPsnD 2021 CVSA Roadcheck emphasizing hours of service and 'number one vehicle violation' lighting4/29/2021 Lights and hours of service are the focus of this year’s Commercial Vehicle Safety Alliance’s Roadcheck blitz and for good reason. These categories have continued to rack up piles of tickets for fleets, a significant number of which have led to costly out of service violations. Last year, inoperable lamps dominated the list of violations according to the Federal Motor Carrier Safety Administration, and led to 13.5% of overall out-of-service (OOS) violations behind brakes, which took the top spot for OOS violations at 25.8% and then tires at 19%. Since light failures are fairly easy for inspectors to spot (they either turn on or they don’t), engineering manager Kyle O’Dell at Optronics International said drivers need to be diligent about keeping up with pre- and post-trip inspections to check for outages ahead of the May 4-6 enforcement campaign. “[Light violations] are very easy to prevent,” O’Dell said. “It goes back to basic stuff. Doing a basic walk around your vehicle and trailer. Just do a simple walk around them. That’s the biggest thing to get most of these violations caught. It’s just a simple walk around.” Alicia Jones, global market manager at Grote Industries, said inspections should be a priority for drivers. “Since lighting outages are easily detected, visual inspections should play a major role in a driver’s daily routine checks when dropping off or picking up a load,” Jones said. “Even a simple vehicle walk-around and systems check can highlight problem areas that need further attention. This will go a long way toward cutting down on violations of all kinds.” Truck-LiteTruck-Lite marketing specialist Andrew Liuzzo said light violations can lead inspectors to take a closer look at a truck. “As the most immediately noticeable vehicle violation, defective lighting often invites further, more thorough inspection of the rest of the vehicle,” Liuzzo said. “A thorough pre-trip inspection is necessary to ensure vehicle safety. Drivers should pay particular attention to marker lighting, as inoperable lamps may often appear lit on a sunny day. In addition to being functional, intact and undamaged, lights, reflectors and reflective tape must also be clear of any dirt and debris.” Kerri Wirachowsky, director of CVSA’s roadside inspection program, said whether it’s lights or reflective devices – both of which fall under Federal Motor Vehicle Safety Standard 393.11 – it’s imperative that drivers take the time to note an issue and report it to their carrier no matter the pressure they’re under to hit the road. “That doesn't stop him from documenting on an inspection report and calling his motor carrier and telling him it's there. It doesn't,” said Wirachowsky who has roughly 30 years of truck inspection experience. If a driver has noted the light or conspicuity tape problem in an inspection report and has notified their carrier, then they’ve done their part and shouldn’t have much to worry about, Wirachowsky explained. “I used to say to drivers, ‘Hey, if you do everything you can to make sure that this vehicle is in good condition, which means inspect it and record the stuff you see, I'm not going to have a problem with you,’” she said. “If you record it and report it and you're getting pushed by your carrier and the carrier goes, ‘You know what? It's only an ID light. We'll fix it on Friday.’ Okay, that's fine. You did all you can do. And every single day you get in that truck, you document that same violation. Whether it's a cracked windshield — I don't care what it is. Your horn doesn't work, whatever.” Faulty lighting could very well end up at the feet of a carrier if left unfixed so long as the driver has documented the failure and notified the carrier. “You do what you can do and I'll go after the motor carrier,” Wirachowsky said. “If you don't do anything as a driver, then I can't get past you. It's your fault that he [the carrier] doesn't know at the moment.” An ounce of prevention The list for light failure causes is long. “Many different factors can contribute to lighting failure, but the most prevalent causes tend to be related to moisture intrusion, corrosion, and vibration,” Jones said. “Not only is water the enemy of wiring and lighting in its own right, but the accompanying corrosion it causes can seriously damage a vehicle’s entire electrical system. Vibration from the road can also cause problems by gradually loosening improperly secured lamp or harness connections or causing a ground wire to break free.” Tom QuimbyWire corrosion issues stemming from moisture intrusion can often be traced to technicians who probe wires and leave a small hole behind for moisture to enter. “Our USA Harness side of the business, they do see that quite often,” O’Dell said. "They [technicians] want to probe that wire and when you do, you introduce a direct leak path and corrosion path into that wire.” Repair jobs can also invite an opportunity for beefing up the lighting system. “When making a repair, be sure to replace unsealed lamps with sealed lamps for greater resistance to moisture intrusion,” Liuzzo said. “Poor connections between lamps and the harness can also cause lamp failures.” Light system maintenance can increase in humid areas, or along the coast where salt levels are higher, or in areas where road salt is used to combat ice and snow. “In regions where corrosion is a known problem, you should routinely wash salt, road chemicals and debris off of lighting components to reduce the risk of failure from corrosion,” Jones said. “Avoid the use of chemicals during your cleaning maintenance, as many cleaning agents contain solvents that can degrade the plastics used in lamp housings and lenses.” LED lights have proven to be an upgrade over halogen, as they draw less power and are less susceptible to failure. “Typically we're not seeing the LEDs fail as much,” O’Dell said. “They're much more robust to vibration, shock and temperature variations. So we're not seeing those failures, but you will see some of those same failures at the connection points to the main harness depending on how they're tied into the harness.” The cost of upgrading to LED lights will pay off in the long run, O’Dell explained. “It is a higher cost up front, but when you look at total cost of ownership and return on investment, LEDs are actually cheaper in the long run and give you a better return on investment because you don't have the downtime that you do with incandescent. You don't have to replace bulbs.” Hours of service woes Wirachowsky said misuse of personal conveyance — whether intentional or not — is the number one cause for HOS blunders. [Related: At roadside, inspectors are asking more drivers, fleets to transfer e-log data remotely] “The biggest problem now is they're misusing personal conveyance by far,” she said. “That is the biggest problem that I'm hearing from inspectors and logs that I see. And they're getting charged with falsification when they do that and put out of service.” Trimble DuoMike Ahart, vice president of regulatory affairs at Omnitracs, pointed out that while HOS violations continue to drop year-over-year with increased and well-managed ELD use, some drivers continue to misuse personal conveyance, which makes it critical for carriers to educate and set boundaries for personal conveyance based on FMCSA guidance. “Motor carriers should be supplying clear boundaries,” Ahart said, otherwise drivers will. “What happens is that drivers take it on themselves to choose when they are going to be in personal conveyance,” Ahart continued, "and certainly they choose it to their own benefit because drive time doesn't get recorded. It's off duty. But when they get pulled over, it's going to be a question as to whether or not that is acceptable to the enforcement officer based on FMCSA guidance.” Frank Stowers, product manager for Trimble Transportation, said training drivers on proper ELD use plays a critical role in improving fleet efficiency and lowering the risk for infractions. "Training is a key component of helping fleets most effectively utilize ELDs to maintain compliance and productivity," Stowers said. "For drivers, this means helping them understand the ins and outs of the mandate as well as how to use an ELD in-cab. Not only can this help reduce potential violations, but also allow for activities like roadside inspections to go smoothly." Wirachowsky said she’s been getting a lot of calls from drivers that are confused about personal conveyance. She’s also hearing from inspectors. “What I'm hearing from a lot of inspectors is that drivers are using personal conveyance for seven or eight straight hours,” she said. “I don't know that they're necessarily doing it with the thought that they're being unlawful about it. I think there's just a misconception out there a little bit about when and how it can be used and they're getting caught.” https://ift.tt/2ytPsnD Talks between Volvo Trucks North America and the United Auto Workers (UAW) union at Volvo's New River Valley (NRV) truck assembly plant are continuing, both groups told CCJ Thursday evening. The strike enters its second week Friday. UAW Local 2069 workers in Dublin, Virginia, went on strike Saturday, April 17 following the lapse of a 30-day extension to a five-year contract that expired March 15. Negotiation between the two groups kicked off this week. Volvo Trucks North America Corporate Communications Manager John Mies confirmed "that negotiations are ongoing," but declined further comment out of respect to continuing nature of discussion. Similarly, Brian Rothenberg, UAW International director of public relations, said "talks [continue] at this time, and the strike is ongoing." Vermont Senator and former Democratic presidential hopeful Bernie Sanders tweeted his support for union employees Wednesday, calling on Volvo Trucks to "sit down with its workers and negotiate a fair contract now." "I stand with the UAW Local 2069 workers in Dublin, Virginia striking for a living wage and job security," he tweeted. Volvo's NRV plant employs more than 3,300 people and is in the midst of a $400 million investment for advanced technology upgrades, site expansion and preparation for future products. The plant has added 1,100 jobs since the current union agreement was implemented in 2016 and is on track to have a net increase of approximately 600 positions in 2021, according to Volvo. https://ift.tt/2ytPsnD Peterbilt has been building medium duty trucks since 1995 and, astoundingly, 95% are still in service. “Some of these trucks are going into their fourth lifecycle," said Phil Hall, Peterbilt's medium duty product manager. Durability and longevity are important in a work truck, but a lot of important changes in technology have been made over 26 years that both appeal to driver tastes and enable smarter workflows. Peterbilt took those changes into account during the last five years it spent working on revamping its medium duty truck lineup and this month debuted four new models that span Class 5 through Class 8. The new Model 535 and Model 536 trucks are designed for the Class 5 and 6 non-CDL lease and rental market – a segment that makes up almost 40% of the entire medium duty market. In fact, two segments – lease and rental and pickup and delivery (32%) – make up the lion's share of the overall market, prompting Peterbilt to rethink how these trucks can better service end users. The old 1.9 meter cab, while fine for the construction segment, wasn’t quite wide enough to cover all the needs of the market's two biggest segments, and there are plenty of ergonomics in play, too. Many medium duty drivers climb in and out of the cab between 50 and 60 times a day. Hall noted the new 2.1 meter cab was built with a Human Centered Design process, which focuses on customer needs to build empathy-driven innovations. “We went to the main source of where the information would be, and that is the drivers," he said, adding that drivers in the medium duty don’t see themselves as drivers. "They’re salesmen. ‘The truck is our tool’,” Hall said. A tool of comfort The cab was designed to sit three inches lower to improve ingress and egress while stair-style steps and knurled grab handles boost safety – boons to the men and women hopping in and out 50-plus times per day. The trucks' robotically-assembled aluminum cab is 8-inches wider than the previous generation cab and when equipped with a bench-style seat has room for three adults to sit. It’s not just three person seating simply because you can cram three people on the bench. It's actually a comfortable fit. The interior is designed for durability and simplicity. Injection molded body panels are scratch/scuff and glare resistant, and they resist warping in the summer heat and over multiple lifecycles of use. Even if you're the person getting this truck 20 years after it first rolled down the assembly line, you're not looking for a rattling trim panel. Hall said designers put a lot of attention to detail on the interior, eliminating seams and junction points that only serve to trap dust and dirt, and the flat floor makes clean up easy. For the passenger, there's plenty of leg room. There's almost always something in the way for the person riding shotgun (like a RAM mount or a cup holder), but Peterbilt solved this by moving them more centered with the dash and away from the passenger's knee. The co-pilot doesn't have to sit angled toward their door anymore. When Peterbilt redesigned it's flagship Model 579 earlier this year, a 15-inch digital driver display was a prominent feature. The work truck Petes get a similar, albeit smaller, treatment. Centered in front of the driver between a discrete speedometer and tachometer is a high-resolution 7-inch digital display. It allows drivers to toggle through pre-loaded menu cards and customize preferences utilizing a multi-function steering wheel and display navigation knob. The digital display is integrated with the trucks ADAS system (collision mitigation, lane departure warning) as well as the TPMS system. Other functions include a system check and trip summary. I like the integration of the screen. It's simply a more concise package of information. The trucks powered through the course effortlessly. Steering was light and the powertrain was responsive. If something that weighs up to 26,000 pounds can be nimble, then these trucks were that. They're also quiet. The air intake has been mounted to the top of the engine, not the firewall, which makes for a quieter ride. New MD power and torque The new gearbox also features an Auto Park Lock system, a safety feature that automatically engages the park lock should the driver forget. The PX-7 and PX-8 engines for the new models get longer oil and fuel filter service intervals and fuel economy improvements. The rest of the market On the heavier end of the refurbished line up is an all-new Class 7 Model 537 and "Baby 8" Model 548. Each were built on a new customizable chassis with a multiplex electrical architecture that enables better body builder integration. Two hood options are available – a vocational three-piece Metton hood featuring a stationary grille with full through rail, and a three-piece SMC aero hood for maximum visibility. Both hood options can use a variety of vocational and front-engine power takeoff (FEPTO) bumpers to accommodate various applications. The bumper is front-mounted to the chassis with a drop-and-go feature for self-locating. Bumper options include chrome or painted finish, three bumper light mounted options (headlight, daytime running lights or fog), two radar options, two tow options (two tow loops or center tow), and two license plate mounting locations (center or offset). Ergonomic improvements – like the same ingress and egress as the smaller trucks – are featured in the Class 7 and Class 8 models, along with the same 4.6 cubic feet of storage space and dash and instrumentation capabilities. The updated PX-9 engine gets higher torque ratings in the 260, 350 and 360 horsepower versions, as well as a lower torque drop-off speed. The updates to Peterbilt's medium duty line are straightforward and practical. It's a no-frills overhaul that boosts driver comfort – which is important to the people that drive them – yet it offers the same versatility and capability as the generation that precedes it, which is important to the people who buy them. https://ift.tt/2ytPsnD Trucking news and briefs for Thursday, April 29, 2021: Report: Miles to breakdown improved late last year During the fourth quarter, the average fleet operated 36,315 miles between unscheduled road repairs, largely in line with previous quarters. However, the frequency of unscheduled road repairs varied widely between the three verticals (LTL, TL and tank). Truckload carriers saw a 14% improvement over the third quarter, running 25,599 miles between breakdowns. The tank vertical experienced a slight increase in roadside failures compared to 3Q, running 19,983 miles between breakdowns. And the LTL vertical increased from 46,525 miles between breakdowns in the third quarter to 55,823 in the fourth quarter. “The data tells us that if, for example, the truckload carriers running the average miles between breakdowns could reach best-in-class performance, they would increase their miles between breakdowns by 55%,” said Emily Hurst, manager of data and analytics at FleetNet America, “and that would result in overall lower costs.” Yellow purchases 1,200 new Peterbilt day cabs “I’m thrilled to provide this brand-new equipment to our drivers and buy it from a great American company,” said Yellow Chief Executive Officer Darren Hawkins. “We are proud to refresh and modernize much of our fleet. This is not only a boost for our employees, but it’s a win for the economy and America’s frontline workers.” In the first quarter of 2021, Yellow took delivery of more than 1,100 tractors, 1,600 trailers and 140 containers. The new equipment will upgrade Yellow’s aging tractor fleet. The oldest pieces of equipment will be among the first to retire. Yellow’s Dallas distribution center will be among the first Yellow facilities to receive the new tractors. Fleet increases driver pay for second time this year The pay increases will be effective May 24 and apply to company drivers in Roehl's Refrigerated, Flatbed, Van, Curtainside and Dedicated divisions. "Because we've been adding driving teammates and winning new lanes from customers, we're able to increase our driving teammates' pay," said CEO Rick Roehl. "Our drivers are leaders in pay, productivity and safety, and our second increase in compensation reflects our commitment to Driver Success." The company is also increasing owner-operator and lease-operator compensation. On top of a sliding mileage compensation package, owner-operators and lease-operators who partner with Roehl get B.O.S.S. benefits that include business advisors, a top fuel surcharge program, as well as additional support. Roehl's Accident-Free Pay increase was effective in February. At that time, the company also announced a significant increase in home daily trucking jobs. Unlike most local trucking jobs, Roehl's home daily jobs offer regional pay plans, so Roehl drivers get a combination of more pay and more home time. https://ift.tt/2ytPsnD The leased owner-operator model in California suffered a severe blow Wednesday as the Ninth Circuit Court of Appeals reversed an injunction that had exempted the trucking industry from state’s AB 5 law and the ABC test for determining validity of any independent contractor classification. Transportation specialists Scopelitis, Garvin, Light, Hansen and Feary said the California Trucking Association has 14 days to seek rehearing and up to 150 days to appeal with the U.S. Supreme Court. Scopelitis added that the injunction will be lifted either seven days after the expiration of time to request a rehearing or following a denial of a request for rehearing. Or it could be stayed upon further petition of CTA, such as if CTA seeks review by the U.S. Supreme Court. "Therefore, it is difficult to predict the precise date when the injunction will be lifted and AB 5 can be enforced against motor carriers, although this date could be as early as May 19," Scopelitis said. Small fleet owner Jimmy Nevarez, who works with more than one owner-operator contractor in addition to hauling himself, remained "curious to see what can be done" in terms of further appeals. He believes the injunction reversal to be "the ugliest thing that could happen to the labor laws in California" when applied to trucking, if it sticks. The AB 5 law took effect at the beginning of 2020, but a district judge granted CTA an injunction on the grounds that the Federal Aviation Administration Authorization Act of 1994 (F4A or FAAAA) pre-empted the ABC test’s application to trucking. F4A pre-empts any state-level laws that would “interfere with prices, routes and services” of motor carriers. The 'B' prong of test is particularly problematic for traditional leasing arrangements with owner-operators classified as independent contractors, given it requires a contractor to be outside the normal course of business of the entity contracted to. In Wednesday’s ruling the three-judge panel, which voted 2-1 to overturn the injunction, said the district court that issued the injunction “abused its discretion by enjoining the state of California from enforcing AB 5 against motor carriers doing business in California on the ground that such enforcement is pre-empted by the FAAAA.” The panel determined that because AB 5 is a “generally applicable labor law that affects a motor carrier’s relationship with its workforce and does not bind, compel, or otherwise freeze into place the prices, routes, or services of motor carriers,” it is not pre-empted by F4A. In a statement following Wednesday’s ruling, CTA said it still believes AB 5 should be pre-empted by federal law. To do otherwise "is clearly detrimental to the long-standing and historical place California’s 70,000 owner-operators have had in the transportation industry,” said CTA CEO Shawn Yadon. “The California Trucking Association will take whatever legal steps are necessary to continue this fight." Angus Transportation owner Nevarez will be watching for next steps, though may ultimately put in place plans he described to Overdrive in 2019, ahead of AB 5's original implementation date. "I might consider the move out of state now, depending what’s going to happen with the PRO Act,” he said, making reference to a labor union-friendly bill that would enshrine a similar ABC test for the independent contractor classification, which typically puts a worker outside National Labor Relations Act protections. "If we have to move out of state and then we just get thrown to the wolves because of the PRO Act," he speculated, maybe the move isn't worth the effort. At once, "all of our contractor relationships are true business to business" relationships, which Nevarez has hoped could be sufficient to really cement the validity of the contractor status of the owner-operators leasing there. He's also considered two-check systems he's familiar with through family members in other industries. A welding business owner, for instance, is paid wages and treated as an employee for his time but also earns rental fees for his equipment, including his truck, as a business owner. Such hybrid systems were once common in segments of trucking, too. [Related: California independent contractor fallout: Two-check pay systems explored] The lone dissenting voice on the Ninth Circuit's three-person panel, Judge Mark Bennett, said he did not agree with the other two judges that AB 5 is not related to motor carriers’ services and therefore not preempted by F4A. “California will now be free to enforce its pre-empted law,” Bennett said. “CTA’s members will now suffer irreparable injury. And the damage to the policies mandated by Congress will likely be profound.” Joe Rajkovacz, director of governmental affairs and communications for the Western States Trucking Association, is hopeful for an appeal by CTA to the U.S. Supreme Court. [Related: Time for operators to 'tell their story': Nationalized ABC test would ice trucking's independent contractor model] Rajkovacz believes SCOTUS would hear the case because “there is now a split among federal circuit courts on whether a state can apply" an ABC test to motor carrier operations. The First Circuit Court of Appeals ruled in 2016 that Massachusetts' independent contractor statute is preempted by F4A. “Having that split, which is why I think the Ninth tried to differentiate their decision, is typically the number one way the Supreme Court accepts cases – can’t have Americans living under two different sets of laws, depending on where you live,” Rajkovacz said. He added that he believed that if SCOTUS does not overturn Wednesday’s decision, it will be more harmful to the trucking industry than the proposed PRO Act legislation in Congress. “If this decision is not overturned, it is not a stretch to assume ‘blue states’ would adopt similar labor-friendly laws effectively banning the use of owner-operators under [traditional] federally authorized lease arrangements,” he said. “While many think getting one’s own operating authority is the solution, there are a lot of issues there, too. For example, an [owner-operator] could be fully independent but mostly rely on a single broker who also happens to be a motor carrier for their work. That business model, in my opinion, would also fail the ‘B’ prong of the ABC test.” https://ift.tt/2ytPsnD SAF-Holland on Wednesday introduced its new CBXA AeroBeam Series of fixed frame suspensions. The new CBXA Series will phase out the existing CBX line. The industry's lightest top mount trailer air suspension, the CBXA AeroBeam Series includes 23K, 25K, and 30K pound capacity models for on and on/off-highway tanker, bulk hauler, platform, and specialty trailer applications. The CBXA AeroBeam series is available with the optional P89 Series air disc brakes. Fleets can save an additional 62 pounds per axle by specifying an optional super-lightweight disc brake wheel-end package, featuring the industry’s lightest weight wheel hub/rotor assembly and the lightweight SAF caliper. The package's lightweight cast steel trailing arm beam boosts durability, while providing low overall system weight. The Integral shock absorber design improves ride performance, provides undercarriage clearance and protection from road debris. The pivot connection tension control bolt further improves suspension life by maintaining proper clamping force and eliminating the need to routinely re-torque the connection, preventing bushing and frame brackets from wearing out and avoiding premature tire wear. The patented SwingAlign system on the CBXA AeroBeam doesn't require disassembly or replacement parts when maintaining axle adjustment and its accurate alignment capabilities enable more precise tire tracking settings, resulting in reduced tire wear. It is offered with frame bracket options for weld-on, weld-on with wing, bolt-on, stainless steel weld-on, and tapered top weld-on configurations to meet any trailer chassis design. The series includes the P89 Plus with its SAF INTEGRAL rotor/hub and premium sealed bearings with a 7-year warranty, and the P89 with a 5-year warranty. The CBX AeroBeam features a 5.75-inch diameter axle that is 19% more rigid than competitive axles, reducing axle deflection and improving tire life. https://ift.tt/2ytPsnD Some fleets are mistakenly under the impression that their ELDs are compliant with Canada’s upcoming third-party certification requirement according to Kerri Wirachowksy, director of the Roadside Inspection Program at the Commercial Vehicle Safety Alliance. In fact, Wirachowsky explained, no carriers currently meet the new regulation which starting June 12 will require carriers to use ELDs that have been third-party certified by a Canada-approved certification body. A soft enforcement period will follow for an undetermined period of time during which law enforcement will not issue citations but instead inform drivers of the need to switch to the new third-party platform. Of the 600 or so ELDs listed on the U.S. Federal Motor Carrier Safety Administration’s website, Wirachowsky said none have been certified by FPInnovations, the only group approved by Canada to issue third party certifications. However, some fleets are under the impression their ELDs are ready for the transition. “Right now there is not one certified ELD for Canada and I talk to carriers and they say, ‘Oh no, our ELD is good to go to Canada,’” Wirachowsky said. “No, it's not. It is today. It won't be after June 12th." [Related: Canadian ELD mandate could test credibility of some devices listed in FMCSA registry] FPInnovations spokesman Jan Michaelsen said only about one-tenth of ELD manufacturers have applied for third-party certification. “There are none at this point [that have been certified] although we are testing several,” Michaelsen said. “It’s a long process. Can’t say more than that.” Once ELDs meet third-party certification requirements, they'll be posted on Transport Canada's website. Michaelsen said Canada’s progressive enforcement period will “give sufficient time for industry to obtain and install certified electronic logging devices without penalty.” While it’s anyone’s guess on how long the progressive enforcement period will last, Michaelsen said “it will not be short.” Given the lackluster interest in third party certification, Michaelsen said “a great majority of the ELD vendors will presumably not be looking to certify in Canada” and recommended that U.S. fleets and owner-operators contact their current ELD providers with the following questions: 1. Will you adapt/modify/program your ELD to be compliant with Canadian ELD and HOS rules? The adaptation is not a simple task and can take several months. 2. If so, what are their plans to get third party certification? Have they applied to FPInnovations for certification? 3. If so, have they signed a contract and submitted devices for testing? [Related: What to know about Canadian ELD requirements] Mike Ahart, vice-president of regulatory affairs at Omnitracs, also recommended contacting ELD providers and provided some talking points to help determine if an ELD provider is actually a safe bet for the Canadian market. “Have a conversation about, ‘What roles are you playing in the Canadian ELD? In other words, what Canadian associations are you members of? How long have you been actively involved in the Canadian ELD? What education material have you published to your website and have you performed webinars for customers and clients to demonstrate your knowledge and level of understanding of the ELD? And finally, do you understand the process for certification and have you committed to the nearly $50,000 fee it's going to cost to certify a device?’” Ahart said most ELD providers will offer software downloads to become ELD compliant in Canada. For carriers and owner-operators that wish to buy new ELDs with third party certification, Ahart said the current semiconductor shortage could pose a problem. “What I would do is continue to encourage motor carriers to be exploring and determining what system they're going to use for a number of reasons,” Ahart said. “First, you don't train your entire staff and drivers overnight how to use this stuff. “The other thing is that if there is a shortage of inventory [owed to the low chip supply], you better be getting it now because if enforcement comes into play at some point earlier, rather than later, and you don't have it, you're going to be in trouble.” https://ift.tt/2ytPsnD Trucking news and briefs for Wednesday, April 28, 2021: Mack celebrates 100th anniversary in Canada Mack introduced a special badge to commemorate the anniversary that will be used in various applications throughout the year. The icon incorporates the Mack logo, Canada’s mapel leaf, “100 Years,” and the phrase, “Building Canada Since 1921,” or “100 Ans” and the phrase “Bâtisseur Du Canada Depuis 1921” when in Québec. The “Bulldog” Mack AC model forged its reputation as the go-to truck for strength, ruggedness and reliability on the front lines during World War I. Many of the army surplus AC models came back to Canada after the war ended and quickly became popular for many heavy-haul applications. Mack noticed the growing demand in the Canadian truck market and established Mack Trucks of Canada Ltd. in 1921 in a small building on Vanauley Street in downtown Toronto, delivering the Mack AB and AC models from this location. One of Mack’s largest Canadian customers in 1921 was Ontario-based Dufferin Construction, which is still in business today and has been a Mack customer for 100 years. As Mack sales continued to grow throughout the 1920s, the company moved to a succession of larger facilities in Toronto and continued expanding its sales and dealer network to all parts of the country. Mack maintains its commitment to Canada today through a robust family of Class 6, Class 7 and Class 8 products supported by an extensive coast-to-coast distribution and service network of more than 100 locations in Canada. FedEx driver named Women in Trucking Driver of the Year Weaver was among three finalists for the award. The other finalists were Carmen Anderson, a company driver at America’s Service Line, and Ingrid Brown, independent owner-operator of Rolling B LLC. Weaver has been a truck driver for more than 20 years. For the first seven years of her career, she was an over-the-road driver. Then, she became a company driver with FedEx Freight and has been with the company for 13 years. She now has more than 2 million accident-free miles and zero moving violations. Since 2019, Weaver has served as an America’s Road Team Captain. She was most recently a finalist for the Luella Bates Award at FedEx Freight and is a two-time winner of the prestigious Bravo Zulu Award, an award created by FedEx Freight founder, Fred Smith. She speaks to community colleges about the trucking industry, as well as the Pennsylvania State Police Academy’s new commercial officer cadets. She is an advocate for Truckers Against Trafficking and has attended their leadership conference and is also involved with outreach programs in her community. “I am so honored to be recognize for this award,” Weaver said. “I love being a professional driver and encourage any women who are considering this career to go for it.” Steering issue prompts recall of 18k Daimler trucks; Paccar recalls small number of Kenworths The recall affects certain 2021-2022 Freightliner Cascadia; Freightliner Business Class M2; Freightliner 114SD, 108SD and 122SD; Freightliner Custom Chassis S2, XB, XC and MT Chassis; and Western Star 4700, 4900 and 5700 vehicles. DTNA will notify owners, and dealers will replace the tie rod arm and steering arm bolts, free of charge. Owners can contact DTNA customer service at 1-800-547-0712 with recall number FL-884. NHTSA’s recall number is 21V-256. Additionally, Paccar is recalling approximately 56 model year 2022 Kenworth T440, T470, T800, and W990 trucks. According to NHTSA, in the affected trucks, the starter interrupt may allow the vehicle to start when the transmission is not in park. As such, these vehicles do not comply with the requirements of the Federal Motor Vehicle Safety Standard. Paccar will notify owners, and dealers will inspect and reconnect the transmission and chassis harness, free of charge. Owners can contact Paccar customer service at 1-425-828-5888 with recall number 21KWB. NHTSA’s recall number is 21V-262. Utility recalling 2,700 dry van trailers Utility will notify owners, and dealers will inspect and, if necessary, add the weld, free of charge. Owners can contact Utility Trailer customer service at 1-800-423-6591 with recall number SB-07-015. NHTSA’s recall number is 21V-243. https://ift.tt/2ytPsnD |
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