The Regulatory Burden in Trucking

ATeam

Senior Member
Retired Expediter
As most readers know, Diane and I are making a career change out of trucking and into the fitness industry (see this). When such a move is made, your former career is seen in another light from further away. As the viewing angle changes, you see things that you did not see before.

One of the things I notice now is the frequency of compliance events that truckers have. When experiencing it every day, all day, as all truckers do, I did not think much about that aspect of trucking. It was just part of the daily grind that is only now coming into clearer view as Diane and I step away.

No industry in the U.S. is free of government regulations. As we prepare to open a gym there are a number of certifications, inspections, codes, licenses, insurance requirements, permits and laws to deal with. When setting up shop in a retail location, these events happen in one place and are mostly one-time or annual events (excluding sales tax collection and income tax reporting). But when compared to trucking, this regulatory compliance feels like a walk in the park.

That's partly because the general public fears trucks more than they fear gyms. It's also partly because truckers move around. They pass through many jurisdictions and many other jurisdictions reach out to them whether they are in such a jurisdiction or not.

Example: Think about a run from a warehouse in a Chicago suburb to JFK airport in New York. How many government entities and rules apply? It's no wonder truckers feel like the world is closing in on them. It is!

I'll need help from readers to list all of the compliance and undesirable government events on such a trip. Some of them are:

1. If you wish to run in Ontario and Quebec, you will likely be in a speed-limited truck.

2. If you wish to run in California, you must spend tens of thousands of dollars to upgrade an older truck or spend the same money on the higher price of a newer truck. Even if you don't want to run in California, all new trucks come with this higher-price for EPA add-ons.

3. You will pay tolls in IL, IN, OH, NJ, and NY.

4. In IN, you will have the pleasure of driving on a deteriorating toll road that was recently leased by the state to a foreign corporation that increased the tolls but is letting the road decline. And you'll have time to think about it while you drive a few hours on that road.

5. You will pay fuel tax at different rates and collection methods, depending on where you buy it.

6. In New York, you will pay a mileage tax that other states do not charge.

7. When you cross the George Washington bridge, you will pay tolls that have increased to obscenely high levels, that have no relationship to inflation or highway operating costs, and some of the money from which goes to non-highway projects.

8. Some of the fuel tax dollars you pay to each state you drive through are diverted away from highway maintenance to politically-desirable projects that have nothing to do with transportation.

9. At any point along your route, you can get pulled into a scale or pulled over on the road for an inspection that may put you out of service.

10. Don't you dare run with a burned out marker light. That violation will taint your record for three years.

11. Because it is prohibited in many, many places, truck parking will be a challenge. And even when you are in a place where no signs prohibit it, you might get run off by a cop or private security guard.

12. If it is cold outside, you can't idle your truck engine to keep warm.

13. If you wake up early, feeling great, and want to go to work, you may not be able to do so because your log book may say you have not had enough rest.

14. If you complete your delivery in the morning, find a good parking place, and decide to run an errand a few hours later, you may choose not to, again because your log book and/or carrier tells you when you can and cannot drive.

15. As a trucker, you must report your duty status and truck location every minute of every day, whether you are "in the office" or not.

16. You cannot deliver your load to the airport unless you have previously completed a course and been certified to do so.

17. So too if the load is HAZMAT, and in that case, you must undergo a background check and fingerprinting before transporting such cargo.

18. At any time, you can be told to go in for a drug test that must be taken at your expense and will trigger an on-duty log book event that might throw off your revenue-earning plans for the day.

19. If you want to run in certain western states, tire chain laws apply and you will likely keep those chains with you all the time for that reason.

20. When driving, you have constantly in mind things like bridge heights and weight limits, and in New York especially, bridge height postings will have no relationship to the actual heights of bridges.

21. Depending on where you last bought fuel, you may have corn in your tank because farmers successfully got that law imposed.

22. If you drive with the future in mind, you are thinking about even more regulations that are coming down the pike, that have the potential to erode your profits and maybe even drive you out of the industry.

Last week, Diane and I sat in a classroom full of gym "owner-operators" and spent time with them at a restaurant after class. The conversation was totally different in that compliance issues did not come up. When we go to class and dine with truckers, compliance issues come up all the time because, for truckers, the compliance burden is higher, more frequent, and more challenging to one's personal freedom and the ability to run a profitable operation. The contrast is striking, and it's something Diane and I are seeing more clearly as we move from one career to another.

In any field, attitude is everything. In the highly regulated (and sometimes crazy regulated) trucking industry, it is wise to be aware of just how deep into your life the regulations reach and examine your attitude about it.

The way you choose to think and feel about the regs and the people who make them will carry through to how you feel about your industry, business, and self as you spend every minute of every day operating under them.
 
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blackpup

Veteran Expediter
Thank you Sir, for that wonderfully accurate post. If that don't ruin your day , I don't know what will. I think I will just go back to bed and pull the covers over my head. If that is still permitted that is.

jimmy
 

Monty

Expert Expediter
Good article Phil, but unless you are driving a gas powered vehicle, corn does not come into play .... soybeans, yea! ;)

While it is easy to defend, or rationalize, the regulations imposed while you are trying to work within the system, see how easy it is to critize them when on the outside looking in .. just sayin.

And the public at large has no idea of these cumbersome, and often conflicting, regulations that affect us. All they care about "are the shelves stocked" when they want a product.
 

zorry

Veteran Expediter
I wasn't a Phil Fan early on, but his writing has been pretty interesting the last four or five months.
I actually thought his week off left a little void on EO.
On topic, this explains why so many like to ride out their final years in a van, unfortunately contributing to the glut and declining rates for that segment.
 

ATeam

Senior Member
Retired Expediter
How many on your list were not there when you entered the trucking field?

First, four other items came to mind. I'm sure there are more. The four are:

23. When you cross state lines, some drivers record the mileage so they can more easily and accurately complete their home fuel tax audit if one comes.

24. To drive the truck at all, you must pass a DOT physical exam.

25. Also to drive a truck, no training is required, but you must pass a written test and road test to get a CDL.

26. If you plan to run in Canada, you will pay for and carry a passport that was not required to cross the border before.

It is an interesting question you ask, GrandJ. When we entered the industry in 2003 ...

... Item 1. Ontario and Quebec speed limitations did not exist.

... Item 2. CARB emission requirements applied retroactively did not exist.

... Item 3. Tolls in the named states existed but were much lower then.

... Item 4. The Indiana toll road was owned and operated by the state in 2003, not by a foreign company they sold the rights to. And it was well maintained.

... Item 5. If fuel tax charged and collected by the states changed, it is not a change we made special note of. There were some increases in the amounts. We noticed no changes in the IFTA program.

... Item 6. New York mileage tax was charged then and now. I do not know if the rate has changed.

... Item 7. The toll increase on GW bridge is as stated in the original post; obscenely higher than it used to be, and for the wrong reasons.

... Item 8. Fuel tax is as stated in the original post with more diversion happening now than in earlier years.

... Item 9. Scale stops and roadside inspections happened before but the consequences of violations are more significant now because of CSA. And because carriers are graded on averages compared to each other, a safe carrier may look unsafe as other carriers improve. This is prompting changes that are just now beginning to be felt as all carriers tighten things up more and more and more so they don't look bad among their peers. If this is allowed to continue, they will operationally strangle themselves to death by creating practices so tight that it will be impossible to run a profitable business. It may be like, "Got a burned out marker lamp? Pull over now and get towed in. The lights on other carrier trucks are working and we have to reduce our scores." Or, "Sorry driver, because you unhooked your seat belt before the scale cop saw you with it on when he came out to see your log, your CSA points are just too high. We can't afford to keep you on board when other carriers have lower scores. You are terminated. Thank you for ten years of faithful service and accident free driving."

... Item 10. See item 9 above.

... Item 11. Truck parking has become more difficult, partly because truck stops are increasingly charging for parking space and some public rest areas have been closed. Some new ones have been opened but not as many as have been closed. We used to be able to park freely in some communities but are noticing now entire towns that are posting all lots with tow-away signs that reference the towing company by name and the city ordinance that empowers people to tag, boot and/or tow your truck.

... Item 12. Anti-idling laws are new since 2003.

... Item 13. HOS rules have changed several times in the ten years we have been in the business. Teams used to be more free to legally drive when they were alert and legally switch drivers when one was tired.

... Item 14. Same as item 13, only that some carriers have responded to CSA by tightening up driver freedom to log incidental driving as personal conveyance.

... Item 15. Same as 2003.

... Item 16. Indirect Air Carrier rules did not exist when we entered the business in 2003.

... Item 17. HAZMAT background checks and fingerprinting did not exist in 2003.

... Item 18. Drug testing is the same, but defeating the tests has become easier for drivers who wish to cheat. That is because devices used to cheat have become widely available online and are easily ordered.

... Item 19. Chain laws are the same (I think), except fines for violating them have increased substantially in at least one state (Colorado) and perhaps others.

... Item 20. Same as 2003.

... Item 21. Forced use of biodiesel has become more widespread. Also, a significant change to fuel was made when ultra low sulfur diesel fuel was mandated.

... Item 22. It is as stated in the original post, except that the pace of increasing regulations seems to be accelerating. Rule changes did not happen as often before as they are happening now. This is partly due to technology that provides the means and data with which to regulate (GPS, EOBR's, databases, etc.) and the present-day culture that leans in favor of increasing regulation. When people say "there oughta be a law," it seems easier to bring one into being.

... Item 23. Same as 2003.

... Item 24. Same as 2003 for drivers but doctors operate under tighter rules now and some drivers have unfairly suffered because the doctors are confused.

... Item 25. Same as 2003.

... Item 26. The pasport requirement did not exist in 2003.
 
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zorry

Veteran Expediter
On thing that also has changed, is easier entry.

When my father got his authority, he had to prove that the service was needed.
If the competition proved they could provide the service, we weren't allowed to enter that market just to provide competition.
There were far less carriers, and they were probably easier to police.
Aww, the good ole days.
 
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