NTTC Urges Shipper Penalties For Causing Driver Hours Faults

Signaling the start of the fall debate over motor carrier safety, the group representing tank truck companies is pushing Congress to penalize shippers and others who urge carriers or drivers to deliver loads in violation of safety regulations, especially hours of service.

Clifford Harvison, president of the National Tank Truck Carriers, hopes members of the House Transportation Committee will include the measure in safety legislation awaiting approval by the full House.

He expects the panel’s Republican chairman, Bud Shuster of Pennsylvania, and its senior Democrat, James Oberstar of Minnesota, to help advance the proposal, which is part of the motor carrier safety package sent to Congress by the Department of Transportation in August.

Discussions over penalizing shippers and other issues will come up as the House prepares to debate legislation to create a separate motor carrier administration. The Senate Commerce Committee is planning a hearing within the next month on similar legislation proposed in August by its chairman, John McCain (R-Ariz.).

“Reality dictates that — given today’s highly competitive transportation marketplace — some business entities will impose pressures on carriers via unrealistic demands for pickups and deliveries,” Harvison wrote in his Aug. 25 letter to the lawmakers. “Our membership is not naive. We recognize that a unilateral statutory amendment will not cure all ills. By the same token, we believe enactment of this proposal will send a clear message to those shippers and thirds partners whose transportation practices compromise public safety.

“The threat of criminal or civil sanctions for complicity in knowing violations should prompt meaningful reviews of questionable practices by top management.”

The National Industrial Transportation League disagreed. “It will be difficult to implement and enforce,” said its vice president, Kathy Luhn. “Carriers shouldn’t promise unrealistic delivery times. If a shipper wants a faster delivery time than a driver can legally manage, the carrier should say they will meet the deadline by using team drivers, but it will cost more.”

For the full story, see the Sept. 6 print edition of Transport Topics. Subscribe today.