A large group of state trucking association executives – along with the American Trucking Associations, the National Tank Truck Carriers, and the Truckload Carriers Association – has issued a new plan that takes aim at some of the top issues that allow bad actors to negatively impact the trucking industry.
A task force from ATA’s Trucking Association Executives Council (TAEC) was formed with the goal of identifying the main issues that allow bad actors to enter and operate in the industry. Once identified, the task force defined the issues and issued an action plan to help remove those bad actors from trucking and prevent future entrance into the industry.
“Due to a confluence of circumstances and factors, bad actors have entered the trucking industry and exploit gaps in programs, systems and laws to operate in a manner, sometimes criminally, that undermine the individuals and companies that uphold the highest standards in trucking,” the group said in its action plan. “This is unacceptable. While these nefarious actors represent only a small fraction of the industry, their actions have an outsized negative impact on safety, fairness, public image, and the morale of the professionals working in trucking.”
The plan, available online here, outlines seven issues identified by the task force:
- CDL integrity
- Federal data collection
- Cross-border “workforce integrity” (cabotage)
- Non-domiciled CDL reform
- English language proficiency
- Combating fraud
- Strengthening ELD integrity
The plan emerges at a time when the federal government is largely focused on immigration reform, and the trucking industry has battled rising fraud and cargo theft for several years.
TAEC’s full report can be downloaded here. Highlights of the group’s recommendations are below.
CDL integrity
TAEC highlighted CDL integrity at the top of its list of issues that need to be addressed in trucking. The group noted that because federal and state databases operate independently, “disqualified drivers” are able to obtain CDLs in other states undetected. The group also pointed to a lack of “quality control” when it comes to Entry-Level Driver Training (ELDT) programs, truck driving schools and CDL testers.
Among ways to improve these issues, TAEC recommended:
- Establishing a waiting period requiring individuals to hold a standard driver’s license for at least a year before becoming eligible for a CDL.
- Integrating state databases to allow for cross-checking and to prevent multi-state CDL fraud.
- Tracking and enforcing training quality by expediting the removal of non-compliant training providers from the Federal Motor Carrier Safety Administration’s Training Provider Registry (TPR); adding ELDT provider, driving school and examiner data to individual CDL records; and enabling objective analysis of training and testing effectiveness based on drivers’ performance.
- Monitoring process timing by tracking the timeline from ELDT through permit, testing and CDL issuance to identify fast-tracking and flag suspicious timing patterns.
MCMIS overhaul
The group also recommended an overhaul of the Motor Carrier Management Information System (MCMIS), which TAEC said “fails to protect public safety due to incomplete data, outdated methods, and regulatory loopholes that allow dangerous carriers to operate unchecked.”
TAEC highlighted that 90% of trucking companies are unrated for safety, adding that the current system relies on onsite reviews by understaffed agencies instead of data analysis. The report also brings attention to “chameleon carriers” that shut down and reopen under new names and DOT numbers, among other issues.
To fix the identified issues, TAEC recommended AI-powered data integration to allow for more comprehensive carrier evaluations, VIN-based vehicle tracking and chameleon carrier detection.
Cross-border workforce integrity
TAEC’s report notes that current visa processes for cross-border truck drivers create enforcement gaps, safety risks, and unfair compliance burdens, which the group said requires immediate reform to align immigration authorization with commercial driving standards.
The group calls for stronger visa authorization standards and for authorities to ensure cross-border drivers are qualified before entering the United States, including requiring English language proficiency for Mexican drivers. TAEC also called for stronger enforcement and penalties against cabotage.
Non-domiciled CDL reform
The Trump administration and particularly the U.S. Department of Transportation is devoting numerous resources to this issue in the wake of several high-profile crashes involving non-domiciled CDL holders earlier this year.
In addition to the actions already taken by the DOT, TAEC called on the government to require states to disclose how many non-domiciled CDLs are issued, expand FMCSA audits to penalize states that willfully issue CDLs outside federal limits, ensure ELDT standards and stricter CDL school oversight, and develop a federal database to track non-domiciled CDL issuance and renewals across states.
[Related: How DOT's non-citizen CDL crackdown could affect driver recruiting]
English language proficiency
Like non-domiciled CDLs, Trump and his DOT have also cracked down on truck drivers’ ability to read and speak English. ELP returned to the out-of-service criteria for truck drivers following President Trump’s executive order earlier this year.
To further address the issue, TAEC recommended that Congress codify Trump’s executive order and implement tiered ELP standards throughout the CDL lifecycle, from initial licensing through return-to-service processes.
During the CDL issuance process, the group says there should be a proficiency requirement for the written exam, English comprehension testing for the practical exam, road sign recognition and understanding, and a verbal communication assessment. For drivers placed out-of-service for an ELP violation, in order to return to service, TAEC recommended English proficiency verification before returning to service and a language skills assessment after safety violations. Finally, the group recommended escalating penalties for both drivers and their employers.
[Related: Are carriers with ELP violations less safe? New research says yes]
Combating fraud
Unscrupulous freight brokers have gained a toehold in trucking and are defrauding fleets and shippers through sophisticated schemes by impersonating legitimate businesses, leaving carriers unpaid and cargo stolen or taken hostage.
TAEC recommended stronger enforcement from FMCSA to crack down on fraudulent brokers, tougher entry requirements for brokers, increased broker bonds from the current $75,000 minimum and more.
Strengthening ELD integrity
With reports of electronic logging device tampering emerging this year, FMCSA this week announced it is overhauling its vetting process for its ELD registry. TAEC highlighted that issue, noting that “back-end tampering of ELD data undermines highway safety, enables illegal driver overwork, and erodes trust in hours-of-service enforcement.”
To solve the problem, TAEC recommended FMCSA end self-certification from ELD providers, require independent third-party testing, and mandate tamper-resistant documentation before approval.
The group also called for automatic decertification thresholds based on substantiated complaints, routine audits of ELD providers, and audits of carriers for suspicious data modification patterns with penalties for abuse.
