We read with interest your recent editorial in the Gazette titled “Trucking Industry Must Reform Itself” (June 24, 2024). Our association appreciates the concerns expressed in the piece and can relate well to the frustration of the Editorial Board. Our members and other responsible trucking companies are exasperated over these crashes.
The trucking industry is one of the most regulated sectors in the country. Most of those regulations, laws, and rules apply to safety. The trucking industry has worked closely and in partnership with the federal and state governments to put these laws and rules on the books. Our industry has done so because we recognize the importance of safety and our responsibility to the public. In the case of these laws and rules, trucking companies found to be violating them face substantial fines and even the closure of the company if they are viewed as representing a continued threat to the public. As a result of these tougher rules and laws. We have seen a dramatic reduction in the crash rate for trucks over the past twenty years. The trucking industry has stepped up to the plate and are committed to further improving but we need help.
In many cases in the wake of crashes such as those listed in your editorial, there is a call for change or reform. This tends to take the form of proposing new laws or rules. In the past we have welcomed suggestions and have been on the forefront of seeking passage of laws and adoption of rules that enhance safety.
What happens though when tough laws and stiff penalties already exist but are not being enforced? While we have strongly supported and been instrumental in passing tough measures and significant penalties, our industry cannot enforce those laws but must depend on those in motor carrier safety enforcement at the federal and state levels.
Like all industries, the trucking sector has its bad actors. While making up a small percentage of companies, those operators are the reason that certain safety laws and regulations were adopted.
In the case of the three crashes cited in your editorial, there were already numerous red flags which included several serious safety violations over several years before those crashes. All of those companies received penalties for prior violations but were able to continue to do business and have their trucks on the road.
Unfortunately, in many cases, it takes a tragic event and loss of lives as occurred in those incidents before authorities move to close a renegade trucking operator. Penalizing companies “after the fact” does little to provide solace to the family members of those who perished in a crash involving an unsafe trucking company with an unqualified driver behind the wheel. The key is to take action to prevent such crashes from occurring in the first place.
We need to recognize that these bad actors are like time bombs with fuses that were lit long ago. It’s only a matter of time before their actions of flouting safety laws and rules catch up with them and they are involved in a major crash. Authorities need to cut the fuse before the bomb explodes and close those companies earlier when their unsafe actions and lack of respect for safety become evident.
While enforcement is critical, shippers who hire unsafe trucking operators bear some responsibility. Without those shippers contracting with them, these trucking companies could not operate. Shippers have access to the safety scores of trucking companies—they are public. In checking their records, those shippers could easily have seen the safety scores and problematic history of the companies. Responsible shippers would not even consider hiring those companies to haul their products. Unfortunately, some shippers seek the lowest cost company no matter what the safety record is for the transporter. While not directly responsible for the crashes involving these trucking companies, the actions of those shippers supported these operators to remain in business.
A final element that adversely affects safety efforts is the mixed messages provided by our elected officials. While many express strong support for highway safety, their actions and votes send the wrong message. The fact that it took two years to have the General Assembly restore a higher penalty for the failure of a truck driver to have a Commercial Driver’s License, which ensures that an individual has been trained and is qualified to drive a tractor-trailer, provided the impression that elected officials fail to appreciate the importance of having a professional truck driver behind the wheel of a large truck.
On our part, we will continue to press and support measures to improve not only truck safety but overall safety on our roadways. We ask our partners in law enforcement to act sooner rather than later in closing bad operators. We encourage shippers to choose transporters with good safety records. Paying a little extra money can prevent a great deal of heartbreak for many parties. We ask our elected officials to send a strong and consistent message as to the importance of highway safety.
