Trucking’s Rising Tides and the Bumpy Road to Growth Town

From Rocky Roemer and the May 2018 Roemer Report

With the President’s deregulation and tax agenda rising the tide, several of the U.S. economy’s bigger boats have been getting a pretty big lift including trucking. As of the end of April it looks like the nation’s economy is maintaining a pretty good head of steam even though spring is late this year. Back in March, the Bureau of Labor Statistics reported that total non-farm employment added 313,000 jobs in February, the largest job gain since 2016. The kicker though was in the trucking sector which gained some 5,600 jobs, a significant number, and one marking the fastest growth the industry since 2015.

To many in trucking, that news sounded Great and the broadcast media, for the first time in a long time, began covering the trucking industry’s role in sustaining our country’s economic growth and its importance as a jobs driver. For once, issues like driver pay, safety and turnover were front and center. Other issues facing fleets and owner operators are also getting more sober coverage—new regulatory mandates and relying on a crumbling infrastructure for example—in sharp contrast to the drumbeat of negative media drivers and the industry is often subject to. The industry’s building some real momentum, but is it sustainable?

With HQ in Toledo, Ohio, Roemer Report caught up with President and CEO of the Ohio Trucking Association, Thomas A. Balzer to get OTA’s read on the industry’s potential. Balzer says he thinks the trucking economy has real legs and is extremely upbeat about the prospects and opportunities for truckers and fleets in the coming decade. “As the economy continues to expand and we see it shift more toward e-commerce, it is changing the supply chain in very dynamic and positive ways.”

“The trucking industry will be,” intones Balzer, describing trucking’s key role in delivering the country’s economy, “as it always has been, that is, relied upon to deliver consumer’s goods quickly, reliably and flexibly.” Emphasis on relied upon indeed.

Balzer points out that tougher presidential trade policy has the potential to boost the trucking economy on an industrial scale: “The steel tariffs recently announced should facilitate a rebound in U.S. steel production, thus increasing the need to move raw materials,” notes Balzer, no doubt understanding that the demand for consumer goods will drive the purchase of more raw materials for the manufacture of durable goods and prompt capital spending by shippers so they can purchase enough trucks to ship it all.

Roemer Report checked in with national thought leader and ATBS CEO Todd Amen. Amen, has been opining on the economic environment of the trucking industry and its impact on independent drivers for decades. His optimism is on the rise. “For the drivers and the trucking industry,” says Amen confidently, “we’re looking at one of the best business climates in decades.”

Comparing recent history to current events, Amen explains that there is some debate as to whether or not the six-year period prior to 2014 was trucking’s last “best” decade, while he asks, “where did that economic blast of business go?” Out with loads of shovel-ready public works infrastructure outlays, no doubt. This time around, says Amen, “there is a significant difference, and the forecasts are strong for three reasons: One, the supply side (shippers available) is tight. Two, the freight economy’s prospects are ‘Super Robust’ and three, we are seeing ‘real’ economic momentum that is sustainable.”

For example, Amen says with business tax reform and the ability to claim 100% depreciation now, “People are buying!” But, he explains, “There will likely be a lag before that new capacity can become productive. Bringing this new capacity online is going to take time” and may be a limiting factor he warns.

Capacity utilization is high and that means the freight market is tight and could get even tighter. “In 2014 it was at 8.6 %, today it is down to 4%, its going to take a ton of new capacity to make up the difference.” He also points out that with fleets seemingly unable to hire drivers at a rate higher than attrition and in the face of ELD mandates and so forth, it’s going to take time, “as much as three years,” Amen expects, “to put new, needed capacity on the road.”

The near-term shake out? Things are going to get tighter and there is going to be some inflation—Amen noted that in February the spot market is up, some 4% and double-digit levels are expected with annual growth ranging from 2 to 5%

President and CEO of the Ohio Trucking Association, Tom Balzer: “As the economy continues to expand and we see it shift more toward e-commerce, it is changing the supply chain in very dynamic and positive ways.”

The Bumpy Road to Growth Town

But not everything is smooth sailing out there on trucking’s high seas, and if this intermodal switch in metaphors is forgivable, the road to “Growth Town” may get pretty bumpy – and for many carriers seeking to exploit the sharp uptick in demand there are some bumps – hopefully not roadblocks – in the road.. The persistent driver shortage, says OTA’s Balzer, isn’t going anywhere. “If anything,” he notes, “it will continue to get worse,” pointing out that the industry is already experience a capacity shortage as a result.

Kate Patrick at SupplyChainDive.com, explains “the jump in trucking” is dramatic and “likely a direct response to the capacity crunch and high truck driver turnover rate,” which, she says companies are trying to “mitigate.”

Patrick notes that because trucking is often considered a good barometer at gauging the health of the U.S. economy, the sharp increase in trucking jobs we are seeing now is interpreted as a positive sign. “But,” and it’s a pretty big one she finds, “given the discord over the ELD mandate and driver misclassification,” she says, “even high wages and attractive benefits packages aren’t enough to bring down the turnover rate, which is almost at 100%.”

That can dampen a positive interpretation of the jobs gains explains Patrick: “A jobs increase won’t do much to alleviate tight capacity in the industry unless trucking companies and 3PLs can keep drivers in those jobs. Otherwise, if trucking volumes continue to climb, late shipments and delays could result.” Patrick foresees trucking growth could be nearing a ceiling “if industry decision-makers can’t find a way to grow at a sustainable pace that accounts for driver tensions and capacity limits.” It seems to us she’s got that right.

But the hiring that fleets need to achieve and the uptake of new drivers throughout the entire industry required to span the gaps in capacity is going to be challenging. Overall industry tightening in the interim is unavoidable. Amen says the likely outcome is shippers will be moving from the spot market to more contracted freight to guarantee the availability of trucks and drivers to get goods and services to market.

ATBS CEO Todd Amen: “For the drivers and the trucking industry, we’re looking at one of the best business climates in decades.”

Not to Mention Regulation

Regarding ELDs, Amen notes the “safety” effect of these devices has not yet been factored into operating expenses like insurance premiums. “Insurance is lagging,” he says, but is firming with the uptake of the devices and their incorporation into operations. ”When the ELD mandate is fully enforced, predicts Amen, “the data will help underwriters factor in the effects of compliance and perhaps offer a path to premium discounts.”

“It is smart business to be government compliant,” says Amen. But with ELDs, small carriers could be at a disadvantage if risk and liability is not apportioned in a relative sense, and potentially penalized because the volume their ELD data is not sufficient to “prove” safer operations statistically. “Small guys are always interested in innovation when it comes to safety and compliance,” says Amen, “but not at their expense.”

Although the constraints caused by the driver attraction/repulsion merry-go-round will continue, the industry is responding to capacity constraints, explains SupplyChainDive’s Patrick, by adding new trucks to the market, “so that even with a high turnover rate, capacity wouldn’t be as aggravated.” The 3PLs “like UPS,” she says, “are already planning big investments–attributed to increased cash flow due to recent tax cuts–so this could be a viable solution for many companies.”

To get to Growth Town, and keep the U.S. economy buoyant, the trucking industry is going to need plenty of boats, er, trucks and plenty of drivers. Fortunately, among the positive outcomes of increased demand and a tightening of the freight capacity available, is the necessity to purchase new vehicles to meet new demand. The good news is, and pundits, analysts and ATRI studies agree, one of the things that attracts and is helping retain drivers is providing a better healthier work environment; and that includes access to state-of-the-art vehicles and safety equipment. Welcome aboard!

Here we were – in 1978

Ever wonder how the Rockwell Tripmaster and this industry was started?  Check out the National Academy of Sciences summary here.  

An academic paper was presented at the SAE Toronto meeting in 1978.   The US Department of Energy and Department of Transportation initiated the Joint Truck and Bus Fuel Efficiency study. The Tripmaster system was developed for 8 test trucks.

Rockwell commenced the “commercialization” of this project when the commercial application of this highly complex, costly system became apparent.  The first customer was JB Hunt, who installed the first test Tripmaster commercial system in 1981.

DOT To Face More Data Fights After Safety- Record Ruling

By Linda Chiem

Law360, New York (January 17, 2018, 7:40 PM EST) — The D.C. Circuit’s finding that the

U.S. Department of Transportation can be sued for mishandling safety citation records that potentially hurt truck drivers’ job prospects may expose the agency to fresh litigation and force it to better manage its information systems, experts say.

Now that two drivers in the Owner-Operator Independent Drivers Association Inc.’s suit can pursue claims that the Federal Motor Carrier Safety Administration failed to maintain accurate driver safety and accident data that is released to prospective employers, the agency will face heightened pressure to shore up how it manages the databases that commercial motor carriers rely on to vet drivers, according to industry observers.

Even though the D.C. Circuit’s Jan. 12 ruling dealt mostly with the FMCSA’s so-called Motor Carrier Management Information System database of trucker citations for state-law safety violations, experts say trucking companies will view it as a fresh tool to challenge the FMCSA’s controversial management of other databases.

“The facts underlying the decision illustrate, once again, that FMCSA has some distance to go in order to get its house in order,” said Marc S. Blubaugh, partner and co-chair of Benesch Friedlander Coplan & Aronoff LLP’s transportation and logistics group. “From a broad perspective, FMCSA does not inspire deep confidence in its information systems, whether MCMIS or otherwise.”

A notable recent example, according to Blubaugh, is the early December hack of the FMCSA’s National Registry of Certified Medical Examiners, which has been mostly down for the past month.

Commercial truck drivers rely on the online registry because they are required to get physical examinations every two years from a certified medical examiner. FMCSA said earlier this month that no driver or carrier information was compromised during the hack.

“FMCSA plainly needs to improve its cybersecurity program,” Blubaugh said. “A driver who concludes that his or her personal information was compromised as a result of this hack of the medical examiner registry will undoubtedly be heartened by last week’s OOIDA decision, which applies Spokeo in a less rigorous way than many other courts.”

The D.C. Circuit panel referenced the U.S. Supreme Court’s 2014 Spokeo ruling throughout its analysis determining whether the drivers alleged enough actual harm to have standing   to sue.

The two drivers whose claims were revived — Klint Mowrer and Fred Weaver Jr. — had their citations for safety violations included in the federal MCMIS database even though they had successfully challenged them in state court.

Their records, which weren’t updated to reflect the outcome of their court challenges, were shared through the DOT’s Pre-Employment Screening Program, which provides trucking employers with reports containing drivers’ crash data from the previous five years and inspection data from the previous three years.

Prasad Sharma, a partner with Scopelitis Garvin Light Hanson & Feary PC, told Law360 that the D.C. Circuit got it right in that the Supreme Court’s Spokeo ruling established a more nuanced bar for standing. Here, the two drivers whose inaccurate information was actually disseminated had standing.

But the mere retention of inaccurate information in a database without any imminent disclosure is not the type of concrete injury that confers standing, Sharma said.

“In this case, OOIDA was making the argument that the FMCSA has the duty to ensure the accuracy of the data in MCMIS, and the court agreed that Congress did impose that duty. But it did not give a private right of action,” Sharma said.

States primarily collect and report to the FMCSA the data that’s ultimately contained in the MCMIS, and are required to ensure that this data is “accurate, complete and timely motor carrier safety data,” but the DOT is ultimately responsible for “ensuring, to the maximum extent practical, all the data is complete, timely and accurate,” the drivers have    maintained in court filings.

The information in MCMIS feeds into other agency databases, including the Safety Measurement System, or SMS, the agency’s rating system for scoring commercial motor carriers based on their on-road safety performance. Attorneys say it’s a controversial and statistically dubious scoring process that can end up penalizing motor carriers with low safety scores for accidents or road safety violations that might not even be their fault.

The D.C. Circuit decision offers a beacon of light not only for drivers, but trucking companies, which have long criticized the DOT and FMCSA for providing only limited avenues to appeal or challenge safety records that can be outdated or inaccurate, according to Mark J. Andrews of Strasburger & Price LLP.

“The interesting thing the court seems to be saying, under certain circumstances, is there’s a private right of action for damages or injunctive relief if there’s dissemination of   inaccurate information with regard to the safety performance of either a carrier or a    driver,” Andrews told Law360. “The court goes into some detail on what it would take in terms of standing for such an action to prevail.”

Andrews said SMS data for carriers is disseminated much more widely and frequently than the data disseminated through the Pre-Employment Screening Program at the heart of this dispute. He explained that there’s an entire cottage industry of consultants that mine SMS data to pair up shippers with brokers deciding which motor carrier to use to haul goods.

“There could be a much bigger issue here, and I would expect that people will try to use this decision to extend the same standards to SMS,” Andrews said.

At the very least, the ruling shines a bright spotlight on the FMCSA’s wheelhouse of databases feeding into its programs for safety compliance and enforcement and will force the agency to bolster its procedures for better managing or protecting drivers’ and motor carriers’ data.

“While I don’t profess to be an IT wizard, it nevertheless seems to me that reliably running some of these systems should be a cakewalk but is apparently a Herculean task for  FMCSA,” Blubaugh said. “I am hopeful that the Department of Transportation will focus on shoring up existing information systems and practices before embarking on new adventures.”

 

–Editing by Philip Shea and Kelly Duncan.

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