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ATA’s Dave Osiecki: driver shortage still biggest challenge

By Dorothy Cox - The Trucker Staff
Posted Nov 4th 2015 11:39AM

LITTLE ROCK, Ark. — When American Trucking Associations' Executive Vice President Dave Osiecki this morning put up a slide of a street sign named "Dysfunction Junction" during an ATA conference here, no one had to be told it was referring to Washington.

Congress' inability to get things done is part of the reason President Barack Obama's administration has flooded trucking, coal and other industries with rules and regulations, said Osiecki, who is also ATA's chief of national advocacy.

ATA's Safety, Security and Human Resources National Conference and Exhibition continues through Wednesday at the Marriott Little Rock Statehouse Convention Center and at the Clinton Presidential Center here.

Not surprisingly, Osiecki said the driver shortage could dwarf all trucking's other concerns, with "the access to safe drivers [being] the biggest challenge." He said the driver shortfall could go as high as 175,000 if changes aren't made, adding that the shortage touted to be between 35,000 and 40,000 today is more like 50,000 by ATA data. The shortage "has crept into the LTL [sector] but is still primarily in the truckload sector" and will reach that 175,000 if changes aren't made such as admitting younger drivers by means of a graduated CDL and states working together to let qualified drivers from 18 to 20 years old drive across state lines with state approval. He said both the House and Senate address the graduated license idea. "Is it [bill language] perfect? No," he said. But it is "a first step."

Osiecki said there is some "optimism" that the House and Senate will come together on a six-year highway bill, although a funding solution has been elusive. Even as he made the comments, the White House was saying this morning that although there seemed to be a bi-partisan move to advance a surface transportation bill, it still had "significant shortcomings." (To see story click here.)

As to the regulation side of things, Obama has promulgated nearly 50 percent "more costly" regulations than predecessor George Bush, who let loose 390 such regulations during his term compared with Obama's 432, Osiecki said. Of course, trucking has borne the brunt of many of those regulations.

Electronic logging devices or ELDs, which ATA favors, will happen later this month, Osiecki said, explaining that it will have a two-year adoption window with a four-year grandfather timeframe and ELD spec's defined by the rule.

"Trust us," he said. "It's going to happen."

The first phase of greenhouse gas (GHG) and fuel efficiency rules by EPA and the National Highway Traffic Safety Administration, he said, were a "non event," but phase II of the rules will present more of a challenge, with not only tractors impacted but also trailers, and more aerodynamic technology and fuel-efficient tire demands. Plus, he said, the government is wanting to "fast-track" the second phase, shortening the deadline, possibly with technology that is "not ready for prime time."

He also said to look later this fall for a "CSA Safety Fitness rule" because of pressure being put on the Federal Motor Carrier Safety Administration to come up with a proposed regulatory safety rating system.

ATA is waiting to see what that entails, Osiecki said, adding that it will only be a notice of proposed rulemaking (NPRM) and that he's not sure FMCSA "can come up with a rule we'll be happy with."

He said both the House and Senate have bills to improve CSA, but more "around the edges" and not at its flawed core. He said when both the House and Senate pass their highway bills on surface transportation they will contain some 250 amendments, and then the work will start on which amendments to keep and what language to keep. At that point, ATA will meet with legislators to tell them "which language is preferred," he said.

As far as a speed limiter rule, he said legislators had no "appetite" to slow speed in the trucking industry.

He said the FMCSA's entry-level driver training negotiated rulemaking includes behind-the-wheel training for the first time, basically affirming that "We can do better than what's been done" in the past.

And although FMCSA issued an NPRM in 2014 raising minimum insurance limits, "don't hold your breath" on that one, he said, adding that the next step is "undetermined."

On an even more controversial note, Osiecki reiterated ATA's position supporting twin 33-foot trailers, touting them as mainly a way to give LTL carriers more productivity. However, many truckload carriers have been vehemently opposed to twin 33s becoming a reality, arguing they would likely be forced by shippers to adopt the technology or lose business and that truckers would not want to heft a 3,000-pound con gear and that as the workforce ages, more drivers would leave trucking over the change.

Osiecki said 10 years ago ATA formed a productivity task force because in the last 20-30 years airplanes and ships have increased in size and trains have gotten longer, but trucks (trailers) have stayed the same size. He said in all the meetings held on increasing productivity in the industry, nobody in the membership came forward about the twin 33 issue, but are now objecting "after the fact."

"I wish they would have raised concerns earlier," he said.

The good news in all this? The regulatory pipeline is getting glutted and could slow down in 2016, Osiecki said. Beyond 2016, "all bets are off" on what will happen.

The Trucker staff can be reached to comment on this article at [email protected].

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