Trucks carry approximately 65% of the nation’s freight when measured by weight and 75% of the nation’s freight when measured by cargo value. If Congress considers reauthorizing surface transportation funding programs, numerous policy questions pertaining to the commercial operation of trucks may arise, including the following: Should Congress consider a ban on or the regulation of lease-purchase agreements between trucking firms and their drivers involved in these arrangements as recommended by a task force created by Congress to study and report on the matter? The task force’s examination reflected concerns that a truck driver involved in this type of agreement might encounter circumstances that could lead to safety lapses in the truck’s repair and maintenance and in the judgement of the driver, who may be under financial stress from working toward ownership of the vehicle. Should Congress weigh in on differing executive branch interpretations of how an independent contractor versus an employee driver are to be defined? During the first Trump Administration and the Biden Administration, the Department of Labor initiated differing rulemakings regarding classification of workers as either independent contractors or employees. What might the federal role, if any, be in reducing excessive wait times for truck drivers at warehouses (i.e., detention time), which reduce driver earnings and may induce unsafe driving behavior? Excessive detention time is a policy concern because it is an inefficient use of trucking resources. For example, it reduces the quality of life for truckers because they are often not paid for detention time; if they are paid, the payment is less than what they would earn when driving with a payload. Should truck brokers be required to reveal their commission to truck drivers on every transaction? The Federal Motor Carrier Safety Administration (FMCSA) is reviewing nearly 7,000 comments filed in response to its notice of proposed rulemaking that would affect how transactions between truckers and brokers are conducted. In its proposed rule, FMCSA would require brokers to keep transaction records electronically, and brokers would have to make their records available to the trucker when requested, not automatically. How may third-party litigation financers contribute to insurance costs for truckers? Litigation finance refers to third parties that fund legal disputes (usually providing funding to the plaintiff) in exchange for receiving part of the payout from a lawsuit, such as crash-related litigation. According to news reports, third-party litigation financing is contributing to a near “breakdown” of the liability insurance market, causing insurers to withdraw coverage in some U.S. states and making it difficult for truckers, in particular, to obtain insurance coverage. How might Congress help protect consumers from unscrupulous household goods movers? Congress has addressed fraud in the personal household goods moving market in multiple highway reauthorization legislation. One common type of fraud in this business is when a mover requires unjustified additional payment from a customer at the destination point before the mover will unload the truck. How might Congress maintain or change hazardous materials safety training grants to adjust the amount of information collected and the reporting burden on grant recipients? A handful of different federal grant programs are used to improve hazmat response training. Congress could consider consolidating these programs to improve the efficiency of funds disbursement and to reduce the reporting requirements for grantees since a grantee might receive funds from different programs for the same activity but must file separate reports for each grant program. Congress may debate these selected issues, as surface transportation bills typically include policy provisions regarding the FMCSA and the Pipeline and Hazardous Materials Safety Administration, two federal agencies within the Department of Transportation that have authority over trucking operations.
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