OOIDA and oil industry join a wave of lawsuits against EPA regarding Phase 3 regulations

Trucking News and Briefs for Tuesday, 18 June 2024:

A new suit targets the EPA for’misguided’ environmental mandates in The Phase 3 GHG regulations

The Owner-Operator Independent Drivers Association, along with other groups, filed a lawsuit Tuesday in the U.S. Court of Appeals of the District of Columbia against Environmental Protection Agency regarding its phase 3 Greenhouse Gas Regulations for Heavy-Duty Trucks.

The lawsuit was filed by the American Petroleum Institute in Washington D.C., which represents oil and gas companies, along with co-petitioners OOIDA and the American Farm Bureau Federation, and the National Corn Growers Association. The lawsuit is the latest in a long list of lawsuits filed against the EPA’s Phase 3 greenhouse gas emissions regulations, which will mandate a dramatic decrease in CO2 emissions in the coming years.

The rule has been challenged by the Arizona Trucking Association, the Western States Trucking Association and the group consisting of 24 state attorneys general.

API Senior Vice President & General Counsel Ryan Meyers said: “Today we stand up for consumers who depend on trucks to deliver goods they use every day.” “The EPA is attempting to force a switch that does not exist today for these types of vehicles. Even if this technology were available someday, it would almost certainly have negative consequences for the average American.” This is yet another example of the administration pushing unpopular policies that lack statutory authority. We look forward to holding this administration accountable in court.

Todd Spencer, OOIDA president, called EPA’s regulation unworkable. He added that the Phase 3 rule would “devastate the reliability and cost of America’s supply chains.” The sheer cost and operational challenges would kill mom and pop trucking companies, but the administration is determined to push through its deluge misguided environmental regulations.

API’s lawsuit claims that EPA’s rule is “arbitrary, capricious and an abuse of discretion.” It also says it’s not in compliance with the law.

The groups want the court to declare EPA’s regulation unconstitutional and invalidate it.

Tennessee trucking firm owner charged with a variety of fraud violations

Police in Franklin, Tennessee are looking for more information on a trucking business owner who has been recently indicted. The charges stem from the alleged theft of a former employee’s identity and use of it to make financial arrangements.

Adam Brock
Adam Brock, 38 years old, was the owner/operator of several trucking companies and transportation firms in middle Tennessee. One of these, Reliable Transportation LLC, is listed in FMCSA Safer as an out-of service 15-truck carrier. The company’s authority was revoked involuntarily as of April 22, 2020, and then became effective last month.

The Franklin Police Department reported that Brock operated another company in Franklin called Active Transport LLC. He was also allegedly affiliated with other businesses in middle Tennessee including Star Express LLC. Tennessee Logistics LLC. Pat’s Transportation LLC. Brock Transport LLC. and Broadway Limousine LLC.

Brock was indicted for the following charges

Forgery of over $10,000
Three counts of identity theft
Computer crimes exceeding $10,000
Theft of over $10,000
Forgery of over $60,000
Computer crimes exceeding $60,000
Theft of over $60,000

On June 10, he was indicted. After his arrest, he posted $50,000 bond.

Detective Matthew Thompson of the Franklin Police Department stated that Brock is accused of stealing “one his now former employee’s identity and using that identity to enter several financial agreements without consent.” Franklin PD made this case public because, according to Thompson, he realized that “there may be more fraudulent activities yet to be discovered” and wanted to reach out people who worked with Brock to bring other frauds to light.

Franklin PD stated that it’s possible that Brock’s former co-workers or partners may have knowledge about this case or related cases.

Anyone with information about this investigation should contact Detective Matthew Thompson by email at [email protected].

FMCSA renews the under-21 exemption for U.S. Custom Harvesters

The Federal Motor Carrier Safety Administration renewed an exemption that removed U.S. Custom Harvesters Inc., (USCHI), is exempt from the intrastate restriction on drivers under 21.

The FMCSA regulations currently allow drivers of commercial motor vehicle engaged in custom harvesting in interstate commerce to be exempt from the minimum age requirement. Under the CDL regulations of the agency, states may impose a restriction (or “K”) that only applies to drivers who are driving within their state.

On Oct. 11,2023, FMCSA announced that it would provisionally renew USCHI’s exemption for two-years, pending an evaluation of any comments received as a response to this notice. After reviewing the four comments that were submitted to the docket FMCSA stated that it believes drivers who qualify for this exemption will achieve a safety level that is equal to, or even greater than the safety level that would be achieved if they adhered to the “K” restriction.

The exemption was granted originally in October 2018. FMCSA noted that “no special action or processing is required” by the states, who will continue to place the restriction “K” when requested. Enforcement officers would ignore it when drivers can prove eligibility for the custom-harvester exemption.

USCHI stated that it employs many drivers under 21 years of age who have CDLs with a “K” restriction. It also said that despite the exemption they are “frequently cited at roadside inspections due to the presence of the “K’ restriction on the license.” USCHI claims that this issue negatively affects the safety records of both drivers and employers.

The waiver will remain in effect until Oct. 3, 2025. Custom harvester drivers who are under 21 years old can display the exemption notice to “help explain that they may operate outside of the state that issued their CDL, even though the CDL has an ‘K’ restriction (interstate only).

To verify that drivers are operating legally as custom harvesters, they must provide three of the methods for verification found here.

Alaska requests renewal of waiver on entry-level training relief

The state of Alaska has requested the extension of a waiver which allows the state to waive certain portions of the CDL skill test for drivers who live in 14 geographical areas defined that lack the infrastructure to complete the full skills tests. The state has an exemption that lasts until Dec. 30, 2024.

Alaska originally requested an exemption from the entry-level driver training (ELDT) curriculum, which requires applicants to demonstrate proficiency with proper techniques for initiating a vehicle movement, executing right and left turns, changing lanes at speed, navigating curves while driving at high speeds, entering and exiting on the interstate highway or controlled-access highway and stopping the car in a controlled way. The state claimed that complying with this requirement would have “devastating impacts on rural Alaskans’ movement of produce, prescriptions and people.”

Drivers who are granted a restricted CDL in accordance with the provisions of this exemption cannot operate outside the 14 geographical areas defined.

FMCSA is seeking comments on the renewal request. Comments can be submitted here until July 18.