The “Fighting Fraud in Transportation Act of 2011”introduced in the House by Representative Frank Guinta, NH-1, seeks to significantly increase the regulatory oversight of brokers and freight forwarders in the trucking industry.

Key provisions in House Bill 2357 include:

• Raises the broker surety bond requirement to $100,000 from the current level of $10,000.  Establishes a three-year relevant experience or certified training requirement to obtain a broker’s license and requires all current brokers and freight forwarders to be compliant with new regulations not later than four years after enactment.  All broker and forwarder licenses would be required to renew their licenses every five years.
• Establish significant penalties for violations of broker regulations, including unlimited liability for freight charges for conducting brokerage activities without a license or bond.
• Requires the DOT to establish a process to annually screen its list of registered motor carriers, brokers, and freight forwarders.  This list should accurately reflect only those entities with currently active operating authority.
• Create a requirement for brokers and freight forwarders to renew their operating authority annually and require FMCSA to revoke operating authority that is not renewed annually. Revenue generated from the renewal fees will be dedicated to FMCSA’s oversight and enforcement of broker regulations.

• H.R. 2357 the “Fighting Fraud in Transportation Act of 2011
• "Fighting Fraud in Transportation Act of 2011" summary

The reauthorization of the highway bill is an event that comes around every five or six years. Among other things, the bill establishes the nation’s surface transportation policies – including highway infrastructure investment priorities and how to pay for them. The bill also provides changes to existing highway safety and trucking safety regulations.

OOIDA members and other truckers have been diligently contacting their lawmakers to support HR1803 and S1187, known as “Jason’s Law” bills, for more safe parking options for truckers when they stop to rest.

Rep. Paul Tonko, D-NY, introduced the bill in the House in May 2011 Sen. Charles Schumer, D-NY, introduced his “Jason’s Law” bill in June 2011.

• H.R. 1803 "Jason's Law"
• H.R. 1803 "Jason's Law" summary
• S. 1187 "Jason's Law"
• S. 1187 "Jason's Law" summary

In addition to state efforts, three Congressional bills addressing distracted driving are at the center of the federal debate. Two of those bills are Senate and House companion pieces known as "Avoiding Life-Endangering and Reckless Texting by Drivers Act" or the "ALERT Drivers Act" (S.1536 /H.R.3535) which were introduced in the Senate by Sen. Chuck Schumer (D-NY) and in the House by Congresswoman Carolyn McCarthy (D-NY).

Land Line Magazine

• DOT bans hand-held cellphones for commercial drivers (11.23.11)
• Federal distracted-driving rule would still allow hands-free operation (11.03.11)
• NTSB suggests complete phone ban for CMV drivers (09.14.11)
• Cellphone restriction advancing for hazmat haulers (04.28.11)

A cap-and-trade system would establish carbon emission limits for several business sectors and is expected to cause sharp increases in fuel and diesel prices. A credit system would allow businesses that operate above limits to purchase credits and would allow businesses with leftover credits to sell on the open market.

Land Line Magazine

Some large shippers and the American Trucking Associations have made increasing the allowable vehicle weight from 80,000 pounds on 5-axles to 97,000 pounds on 6-axles one of their top priorities for next year’s reauthorization of the federal highway bill. The ATA and large shippers are also pursuing a much less public campaign to allow longer combination vehicles (double trailers, triples, etc.), or “LCVs,” to operate on more of the Interstate Highway System. OOIDA opposes such measures.

Land Line Magazine

Like many owner-operators, you have probably been impacted by excessive detention by shippers and receivers who have taken advantage of owner-operators time and time again because of the lack of regulations on the amount of time they can detain you and your rig.  At last shippers and receivers will be held accountable by H.R. 756, introduced in 2011 by Rep. Defazio, OR-4. 

H.R. 756 requires the Department of Transportation to study excessive detention time of drivers before their trucks are loaded or unloaded, the average length of time a driver is detained without compensation and causes for excessive detention, and how detentions result in a violations of hours of service. After completing the study, the DOT must begin a rulemaking to determine the a reasonable amount of time drivers may be detained without compensation for their time and create enforcement measures when the standards are violated, consider detention and violations of hours of service regulations, establish a process for an employee, driver, shipper, receiver, or broker to report violations of set standards. 

Land Line Magazine

• OOIDA tells FMCSA drivers must be partners, not piñatas (08.03.11)
• FMCSA targets full supply-chain accountability (07.01.11)
• Hours of disservice: ATA board votes to oppose regulating detention time (05.20.11)
• Safety advisory committee focuses on trucker detention time (05.04.11)
• SPECIAL REPORT: At long last, a bill targets detention time at the docks (02.17.11)

• H.R. 756
• H.R. 756 summary