TAM requests Massachusetts implement policies to support industry

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Kevin Weeks, the executive director of the Trucking Association of Massachusetts is sending a letter to the governor and key government officials today. The letter requests they consider implementing policies that will help the industry as it continues to provide critical services to the state during the COVID-19 outbreaks.

The full letter is available below, and can be downloaded as a PDF.

March 18, 2020

His Excellency Charlie Baker, Governor
Office of the Governor
State House, Room 360
Boston, Massachusetts 02133

Dear Governor Baker,

On behalf of the over 200 member companies of the Trucking Association of Massachusetts (TAM), I am writing to ask for your assistance in making sure that the trucking industry will be able to continue to safely deliver medicine, food, fuel, water and other basic necessities to communities and homes throughout the Commonwealth.  While we sincerely appreciate the leadership that your Administration has shown so far, we know that there may be difficult decisions ahead related to closures and travel restrictions.  In the unfortunate event these decisions must be made, we respectfully ask that you recognize the essential role trucking serves in the Commonwealth.

As you know, the trucking industry provides 93% of all goods used by residents and businesses in Massachusetts.  This includes delivering to hospitals, community health centers, grocery stores, convenience stores, government agencies, and other entities that residents rely on in times such as these. If the Commonwealth considers further actions to limit travel, close public facilities, quarantine communities or effectuate a “shelter in place”, I respectfully ask that you consider implementing the following policies:

  • Explicitly exempt trucking services for the delivery of essential goods from any restrictions. Guidelines that make clear the role of shipping necessities by truck will ensure smooth resupply and delivery.
  • Support the ability of the trucking industry to continue to provide critical services by providing alternatives for drivers who need to renew or obtain commercial drivers licensing credentials.
  • Keep public and private rest stops open. Commercial drivers have temporary relief from federal Hours of Service regulations, but they must manage fatigue as they respond to this emergency. Rest stops are an irreplaceable component, along with commercial truck stops.
  • Support best management practices for trucking. While many trucking companies already adhere to high standards for workplace safety, state government can provide guidance for the health of drivers, including possible testing for COVID-19. Clear guidance on public health assets is important to our employees, and our drivers, who are typically away from home for extended periods of time.

TAM has been the voice of the trucking industry in Massachusetts since 1919. One of the oldest transportation associations within the Commonwealth, we represent a wide variety of companies ranging from small, family owned trucking companies with a single truck to large national trucking companies with thousands of trucks.  I appreciate your consideration of the trucking industry’s concerns at this important time.  Without the aforementioned policies, it will be more difficult to ensure that the shelves are stocked and emergency supplies reach first responders and medical personnel.

If you have any questions or concerns, please do not hesitate to let me know.  I can be reached at (617) 695-3512.

Sincerely,

Kevin Weeks
Executive Director

Cc:

Secretary Stephanie Pollack
Massachusetts Department of Transportation

Secretary Marylou Sudders
Massachusetts Executive Office of Health and Human Services

Secretary Tom Turco
Massachusetts Executive Office of Public Safety and Security

Mr. Jamey Tesler, Acting Registrar of Motor Vehicles
Massachusetts Registry of Motor Vehicles

SBA Economic Injury Disaster Loan (EIDL) program

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The Massachusetts Emergency Management Agency (MEMA) and Baker-Polito Administration are working closely with the U.S. Small Business Administration (SBA) to activate the Economic Injury Disaster Loan (EIDL) program which would provide assistance to eligible businesses and non-profits impacted by COVID-19.

The first step in this process is to meet a minimum threshold of affected businesses within Massachusetts and provide this information to the SBA with a formal request for activation of the EIDL within the Commonwealth. To do this, MEMA posted an online survey tool to collect economic loss data from small businesses across the state. Small businesses were asked to complete the survey and return it to MEMA . The response through Monday March 16, 2020 has been overwhelming and thanks to all the small businesses who participated. At this time, MEMA has collected enough small business loss data to prepare a request for EIDL to be submitted by Governor Baker to the SBA. They are no longer collecting Small Business economic loss surveys and are now in the process of assisting the Governor with requesting the SBA EIDL program.

EIDL offers Massachusetts businesses who are experiencing hardships resulting from the COVID-19 outbreak access up to $2M in emergency loan capital with rates capped at 3.75%. They are currently working with the U.S. Small Business Administration (SBA) to activate the EIDL program. They will update the page when the program formally opens. You can learn more about the SBA’s response to COVID-19 here.

Once activated, all small businesses within affected counties will become eligible to apply directly through the SBA. Businesses who did not fill out the initial survey remain eligible to apply once the program is activated. In addition, businesses who did fill out the initial survey will still need to apply for the EIDL program through SBA..

RMV emergency extensions does not apply to CDLs

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Today, the Massachusetts Registry of Motor Vehicles sent out the following clarification concerning drivers license extensions. The extension does not apply to holders of commercial driver’s licenses (CDLs).

The Massachusetts RMV is taking an important step following Governor Charlie Baker’s declaration of a State of Emergency the week of March 9th and to complement the work that has been underway for weeks across state government to keep residents safe and healthy.

Due to the recent activity surrounding COVID 19 (Corona Virus), the RMV is taking measures to reduce customer visits in our Service Centers and AAA offices. One of these actions includes extending the expiration date of certain credentials.

All Class D and Class DM driver’s licenses, ID cards, and Learner’s Permits that have expired or are expiring between March 1, 2020 and April 30, 2020, will have a 60-day extension applied to the current expiration date.

This deadline extension will not apply to customers with Commercial Driver’s Licenses (CDLs) or those whose end of stay in the United States is the same as the expiration date on their driver’s license, ID card, or Learner’s Permit.

The RMV will implement this 60-day extension to the current expiration date for Class D, Class DMs, ID cards, and Learner’s Permits within the RMV system the week of 3/16 – all people with expired/expiring credentials physically dated between March 1, 2020 and April 30, 2020, will have an active status within the RMV system with extended expiration date. For example, if the credential expires on April 15, 2020, the RMV system will extend the expiration to June 15, 2020 and display the same. The RMV is not providing updated credentials to reflect the extended date.

This does not apply to vehicle registrations at this time. Most vehicle registrations can be renewed online at Mass.Gov/RMV.

Hours of Service suspension

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The following information has been provided by the ATA regarding Hours of Service. TAM will continue to monitor information provided by all sources as this situation evolves, and will send as many updates as needed. Once the FMCSA issues the details on the proclamation itself we will be sure to forward it to you accordingly.

From the American Trucking Association…

Following President Trump’s address, we understand that FMCSA will be issuing an emergency proclamation suspending federal hours-of-service (HOS) regulations for operations engaged in emergency relief related to COVID-19.

We expect FMCSA to post the specific criteria of this proclamation on their website, including clarifying information about the types of loads and work covered. Motor carriers and drivers remain responsible for ensuring that drivers are receiving sufficient rest and are not operating fatigued. ATA will continue to monitor any emergency proclamations and will notify ATA membership as soon as they become available. For more information, please reach out to the ATA Safety Policy Team.

Additionally, Congress and the president are negotiating an initial emergency legislative package, which is scheduled to be taken up in the House soon, most likely today. ATA legislative staff are reviewing the current package and negotiations, and an update will be shared later today with a summary of that package. There is also discussion of future legislation that could be taken up as early as next week.

Areas like sick leave, small business assistance, food assistance and other areas are all under review. The situation is fluid and changing daily, if not hourly, but we are tracking your calls and input and tracking work by policymakers.

Emergency Declaration Information

To provide vital supplies and transportation services to a disaster area in the United States, emergency declarations may be issued by the President, Governors of States, or FMCSA. These declarations trigger the temporary suspension of certain Federal safety regulations, including Hours of Service, for motor carriers and drivers engaged in specific aspects of the emergency relief effort. See 49 CFR 390.23 for the actual emergency regulation.

Relief from Federal Motor Carrier Safety Regulations is limited to a maximum of 30 days, unless extended by FMCSA itself.

The information below reflects currently available relief:

  1. Drivers responding to provide “direct assistance” to an “emergency” meeting the definitions in 49 CFR 390.5 and declared by FMCSA or a governor, are exempt from applicable regulations in all States on their route to the emergency, even though those States may not be involved in the emergency or stated in the declaration of emergency.
  2. These exemptions, when in effect, only apply to 49 CFR Parts 390-399. They do NOT exempt drivers/carriers from the requirements relating to CDL, drug/alcohol, hazardous materials, size & weight, or State/Federal registration and tax requirements. (However, a Governor’s Declaration may add some of those exemptions – read the declaration for details.)
  3. Even if an Emergency Declaration is still in effect, the emergency must be on-going and you must be providing direct emergency assistance in order to be exempt from safety regulations.
  4. The list of Emergency Declarations below may not be complete. Declarations may be in effect even if not listed here. Read the declaration itself for all details.
  5. There is no requirement to carry a copy of the declaration in the vehicle unless stated so in the declaration itself.
  6. Drivers and carriers should coordinate with State emergency officials before providing assistance. State regulations regarding size and weight, permits, taxes, etc. may not have been waived.
  7. Even though safety regulations may be suspended, drivers and carriers are expected to use good judgment and not operate vehicles with fatigued or ill drivers, or under any conditions presenting a clear hazard to other motorists using the highways.

Massachusetts House unveils plan for transportation financing

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The Massachusetts House of Representatives unveiled its plan for funding the Commonwealth’s transportation financing needs last week. The measure, which contained a variety of funding mechanisms, was generally well-received by for its balanced approach.

In particular, the House funding plan will increase gasoline taxes from 26.54 cents a gallon to 31.54 cents a gallon. The state tax on diesel fuel will increase from 26.54 cents a gallon to 35.54 cents a gallon. In addition, the legislation creates a new, 9-tiered system for the corporate minimum tax. According to House leaders, an estimated 60% to 70% of corporations in the state pay the minimum corporate tax rate of $456 dollars a year, a rate that has not been raised since 1989. Under the proposal, small businesses in Massachusetts with less than $1 million in sales would continue to pay the minimum. The corporate tax would be capped at $150,000 for companies with annual Massachusetts sales of $1 billion or more. Additionally, the House plan proposes increased funding through an additional surcharge on transportation network companies and the removal of the sales tax exemption for rental car companies.

Finally, the House’s transportation finance legislation also includes TAM’s legislative priority: the exemption of rolling stock from the state’s sales and use tax. TAM thanks Speaker Bob DeLeo, House Majority Leader Ron Mariano, House Ways and Means Chairman Aaron Michlewitz and House Transportation Chair Bill Straus, as well as their respective staff, for their support for this initiative. As well, TAM extends a great appreciation to House Minority Leader Brad Jones and House Assistant Majority Leader Joe Wagner, as well as their respective staffs, for their continued work to advance this important matter.

The Massachusetts House of Representatives will be debating the transportation finance legislation on March 5th. The Massachusetts Senate will likely unveil their own proposal in the coming weeks. TAM will provide more information and analysis on this issue as it progresses through the legislative process.

Hands-free mobile device law takes effect Feb. 23

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Effective Feb. 23, Massachusetts law will prohibit operators of motor vehicles from using any electronic device, including mobile phones, unless the device is used in hands-free mode. You can download a short overview to print here.

Drivers who are 18 and over

  • Can only use electronic devices and mobile phones in hands-free mode and are only permitted to touch devices to activate hands-free mode.
  • Not permitted to hold or support any electronic device/phone.
  • Cannot touch phone except to activate the hands-free mode and can only enable when the device is installed or properly mounted to the windshield, dashboard, or center console in a manner that does not impede the operation of the motor vehicle.
  • Not allowed to touch device for texting, emailing, apps, video, or internet use.
  • Activation of GPS navigation is permitted when the device is installed or properly mounted.
  • Handheld use is allowed only if the vehicle is both stationary and not located in a public travel lane, but is not allowed at red lights or stop signs.
  • Voice to text and communication to electronic devices is legal only when device is properly mounted; use of headphone (one ear) is permitted.

Drivers who are under 18

  • Are not allowed to use any electronic devices. All phone use while driving is illegal, including use in hands-free mode.

Operators may use a cell phone to call 911 to report an emergency. If possible, safely pull over and stop before calling 911.

For more information, please visit the Mass.gov website.

ATG to open full-service dealership in Raynham

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Trucking Association of Massachusetts member Advantage Truck Group (ATG) will expand and open a new full-service dealership positioned to service Boston through southeast Massachusetts. The 32,000 square-foot facility will be opened in Raynham. The full press release is included below.

Advantage Truck Group Continues to Expand Customer Support Network in Southeastern Massachusetts with Opening of New Full-Service Dealership in Raynham

Shrewsbury, MA (February 2020) —Advantage Truck Group (ATG), the largest Daimler Trucks North America dealer network in New England, announces its plans to open a new full-service dealership in Raynham, Massachusetts to ensure the highest level of service for its customers southeast of Boston and throughout Cape Cod and the Islands, Southeastern Massachusetts and Rhode Island, to support its continued growth throughout the region. Groundbreaking for the 32,000-square-foot building will take place later this month and is expected to be completed in early 2021.

The Raynham facility will expand support for ATG’s customers in a region where demand is growing for access to high quality local service. The new location reflects ATG’s dedication to providing a superior customer support experience across central New England, and will become the seventh location in its network of dealers that specialize in sales, service and support of Western Star and Freightliner branded vehicles, adding to locations in Shrewsbury and Westfield Massachusetts, Lancaster, Manchester and Seabrook, New Hampshire, and Westminster, Vermont.

“Our new facility underscores our commitment to providing every customer with the premium service experience they expect from ATG and every employee with an exceptional workplace experience,” said Kevin Holmes, President and CEO of ATG. “In addition to bringing ATG closer to our existing customers, which includes those in the construction and other vocational industries as well as state and municipal agencies, our presence in Raynham creates an opportunity for us to expand the services we offer to meet the need in this region.”

The 32,000-square-foot facility will sit on over 7 acres and is being built with a focus on creating an exceptional service experience for customers and enhanced work environment for employees. Its expansive 18,000-square-foot service area will include 18 service bays, with two bays dedicated to express service. Service areas and bays will be climate controlled, featuring air conditioning and in-floor radiant heat. The location will be a certified warranty center for Freightliner and Western Star trucks, with full maintenance and repair services offered for all brands of heavy-duty commercial and vocational trucks. ATG’s new facility will offer a multi-million-dollar parts inventory, a retail parts showroom with counter service area, plus daily parts deliveries to customers. Support services will include on-call access for breakdown assistance and programs that bring factory-authorized technicians to customer sites to perform maintenance and warrantied repair work. The Raynham location will carry an inventory of new Freightliner and Western Star trucks and will be the only facility in Southeastern Massachusetts authorized for Freightliner and Western Star trucks sales, service and parts.

“We are thrilled to offer a convenient, expansive and modern facility that responds to the demand from Western Star and Freightliner customers in the region for access to high quality local service, support and technical expertise,” said Kevin McDevitt, Advantage Truck Group co-founder. “ATG’s Raynham location is an area that sees a significant amount of truck traffic and its easy access to all of the major highways allows us to support heavy-duty truck customers traveling across central New England.”

ATG’s new facility, located in the Raynham Woods Industrial Park at 501 Paramount Drive in Raynham, Massachusetts, offers customers convenient access to the major highways of Interstate 495, Route 24, Route 95, Route 3, Route 44 and Route 138 for service throughout Southeastern Massachusetts including the Southcoast, Rhode Island, as well as southeast of Boston along the Southshore and to Cape Cod and the Islands.

In addition to the growth of services and support offered to customers in the region, the ATG facility in Raynham will bring new jobs to the local community.

About Advantage Truck Group
Advantage Truck Group (ATG) is the largest Daimler Trucks North America (DTNA) dealer network in New England, focused on providing a superior customer support and service experience. Headquartered in Shrewsbury, Massachusetts, the comprehensive sales and service network supports a wide range of commercial and municipal vehicle applications, fleets and owner-operators, and offers the largest on-highway truck parts network in New England. ATG has six locations, with dealers that specialize in both Western Star and Freightliner Trucks operating in Shrewsbury and Westfield Massachusetts and in Westminster, Vermont, and dealers focused on Western Star Trucks operating in Lancaster, Manchester and Seabrook, New Hampshire.

Contact Advantage Truck Group
(888) 874-9120

US DOT logo

DOT clarifies CBD compliance for employees

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The Department of Transportation (DOT), Office of Drug and Alcohol Policy released a compliance notice on Feb. 18. The letter is related to the definition of marijuana no longer including hemp. Hemp contains a concentration of up to 0.3 percent tetrahydrocannabinol (THC). The DOT has learned some “Cannabidiol” (CBD) products contain more than 0.3 percent THC, qualifying as a Schedule 1 drug.

Employers, drivers and safety-sensitive employees should be aware some CBD products will test positive as a Schedule 1 drug. The notice from the DOT is included below.

DOT Office of Drug and Alcohol Policy and Compliance Notice

The Agricultural Improvement Act of 2018, Pub. L. 115-334, (Farm Bill) removed hemp from the definition of marijuana under the Controlled Substances Act.  Under the Farm Bill, hemp-derived products containing a concentration of up to 0.3% tetrahydrocannabinol (THC) are not controlled substances.  THC is the primary psychoactive component of marijuana.  Any product, including “Cannabidiol” (CBD) products, with a concentration of more than 0.3% THC remains classified as marijuana, a Schedule I drug under the Controlled Substances Act.

We have had inquiries about whether the Department of Transportation-regulated safety-sensitive employees can use CBD products.  Safety-sensitive employees who are subject to drug testing specified under 49 CFR part 40 (Part 40) include:  pilots, school bus drivers, truck drivers, train engineers, transit vehicle operators, aircraft maintenance personnel, fire-armed transit security personnel, ship captains, and pipeline emergency response personnel, among others.

It is important for all employers and safety-sensitive employees to know:

  1. The Department of Transportation requires testing for marijuana and not CBD.
  2. The labeling of many CBD products may be misleading because the products could contain higher levels of THC than what the product label states. The Food and Drug Administration (FDA) does not currently certify the levels of THC in CBD products, so there is no Federal oversight to ensure that the labels are accurate. The FDA has cautioned the public that: “Consumers should beware purchasing and using any [CBD] products.”  The FDA has stated: “It is currently illegal to market CBD by adding it to a food or labeling it as a dietary supplement.”*  Also, the FDA has issued several warning letters to companies because their products contained more CBD than indicated on the product label. **[i]
  3. The Department of Transportation’s Drug and Alcohol Testing Regulation, Part 40, does not authorize the use of Schedule I drugs, including marijuana, for any reason. Furthermore, CBD use is not a legitimate medical explanation for a laboratory-confirmed marijuana positive result. Therefore, Medical Review Officers will verify a drug test confirmed at the appropriate cutoffs as positive, even if an employee claims they only used a CBD product.

It remains unacceptable for any safety-sensitive employee subject to the Department of Transportation’s drug testing regulations to use marijuana.  Since the use of CBD products could lead to a positive drug test result, Department of Transportation-regulated safety-sensitive employees should exercise caution when considering whether to use CBD products.

The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. This policy and compliance notice is not legally binding in its own right and will not be relied upon by the Department as a separate basis for affirmative enforcement action or other administrative penalty.  Conformity with this policy and compliance notice is voluntary only and nonconformity will not affect rights and obligations under existing statutes and regulations.  Safety-sensitive employees must continue to comply with the underlying regulatory requirements for drug testing, specified at 49 CFR part 40.

[i]* What You Need to Know (And What We’re Working to Find Out) About Products Containing Cannabis or Cannabis-derived Compounds, Including CBD. The FDA is working to answer questions about the science, safety, and quality of products containing cannabis and cannabis-derived compounds, particularly CBD.”

** Warning letters and test results for CBD-related products

Massachusetts gas tax calculator

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The Greater Boston Chamber of Commerce has created an interactive gas tax calculator. You can find it online right here, and if you’re using a mobile device, you can click here.

From the Chamber…

How would a gas tax impact you? This interactive gas tax calculator is designed to help you calculate what a gas tax increase might mean for your monthly gas costs. A modest increase per driver could mean a major decrease in your commute times.

Gas Tax Calculator

Regency Transportation acquires S&M Transport

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Regency Transportation, Inc. of Franklin Mass. has entered into an agreement to acquire the assets of S&M Transport, Edison, N.J.

S&M was founded 25 years ago by its owner Robert Stacer; it is a truck load carrier with 23 local drivers covering much of the same network that Regency does.

Regency stated, “This is a great opportunity for us as we’ve been trying to grow our footprint in New Jersey for some time.” Beyond its driver pool, S&M has a small but excellent office staff, all of whom are expected to remain with Regency including Bob Stacer who will stay on in his leadership role during the transition period.

The integration of S&M into Regency’s operating procedures is expected to be quite complex. For that reason, the S&M team will continue to have day-to day autonomy over their driver pool for the short-term. Over the next few months Regency will evaluate the best way to transition resources, systems and best-practices.