Opinion: ATA Remains Sound, Optimistic

By Dan England

Chairman

American Trucking Associations

This Opinion piece appears in the Oct. 24 print edition of Transport Topics. Click here to subscribe today.

It is a distinct honor to be able to represent America’s motor carriers and the employees and independent contractors working on behalf of those companies.

I have appreciated the leadership that has been provided by Barbara Windsor, Tommy Hodges and all the fine chairmen who have preceded them. They have worked tirelessly to take our message to all corners of our country. They have been great ambassadors on behalf of ATA.

The past few years have been difficult, not only for our member carriers but also for the federation. However, we have been most fortunate to have Gov. Bill Graves and his leadership team at the helm to guide us through the perilous waters caused by one of the worst recessions in America’s history. Many national commentators remain negative about the outlook for the economy, but ATA is on sound footing, and, as an industry, we remain optimistic about a continuing, though slower than expected, recovery.

Trucking is an industry that attracts a lot of scrutiny. Much of the attention comes from lawmakers and regulators because we share the highways with millions of motorists who have the right to expect that we operate safely. Much scrutiny also comes from public officials interested in collecting taxes, fees and other revenues from us. Still others have a vital interest in whether we are good stewards of the environment, as we should be. Plaintiff’s lawyers also get in the act, examining the conduct of our drivers and support staff to determine whether their actions or inactions contributed to injuries sustained by their clients.

A natural outcome of all of this scrutiny is that we are often subjected to unreasonable laws, regulations and litigation. We are living and working at a time in our nation’s history when trucking is facing an ever-increasing onslaught of challenges that threaten our long-existing operating practices and financial viability.

The reason for ATA’s existence is to protect our industry from the kind of assaults that add unreasonable burdens and costs to our businesses. The current administration is proposing regulations at an alarming rate — much higher than either the Bush or Clinton administrations. All these regulations come with a price tag that makes it difficult for us to maintain and grow our businesses. It is both perplexing and alarming that these burdens would be imposed at a time when President Obama has vowed to remove the barriers to business that prevent us from returning our nation to economic vitality.

Although this is not intended to be an exhaustive list, ATA’s recent successes on behalf of the industry have been impressive: 

• CSA — the new federal Compliance, Safety, Accountability program — is a concept ATA has supported from the beginning, and the Federal Motor Carrier Safety Administration has been receptive to input from the industry in getting the “BASICs” — CSA’s Behavior Analysis and Safety Improvement Categories — to be an accurate reflection of a carrier’s safety performance. ATA staff, working with membership, has provided the kind of input that will make CSA a valuable tool for identifying the real “bad guys” of the industry.

• We all have been pleased with our recent victory in the Port of Los Angeles litigation. Protection for the independent contractor business model was at stake, and we prevailed against those who would limit port access only to company trucks.

• We are within days of learning whether our hours-of-service rules will change. The industry has united behind our staff experts, who have led an aggressive defense of the current rules. Our defense is based on sound research and continuing safety improvement that had been touted by the agency regularly until its settlement last year with Public Citizen, et al. Make no mistake about it, ATA will respond appropriately to whatever changes may be made.

• We also have had success in encouraging the implementation of the Pre-employment Screening Program.

These are only a few examples of ATA protecting the well-being of the industry.

We are an association of diverse carriers. Although we all are focused on providing our customers with the highest level of service, no two business models are identical. Some use company drivers, some use independent contractors, and some use both. Equipment types also vary: dry vans, reefers, flat beds, pups, tanks, step vans, etc. Our scope of operations and the commodities we haul can be much different. Because of such variations, we all view the world a little differently. Issues that are extremely important to some will not be as important to others. On occasion, we even will have carriers on opposite sides of an issue. This is not unusual in an association such as ours.

However, let it never be forgotten that many more issues unite us than divide us. As far as the public and elected officials are concerned, we are one industry and we must speak with one voice. To do otherwise would undermine our credibility with Congress, the regulatory agencies, the state governments and the public.

I am proud to be a part of such a dynamic and essential industry. We often hear that business is the engine that propels our economy. Of this there can be no doubt. However, that engine would still fail our economy if adequate transportation was not available. We are one of those foundational industries, without which our quality of life would be compromised.

I look forward to serving you, and meeting many of you in the coming year.

Dan England is chairman of C.R. England Inc., Salt Lake City. C.R. England offers a comprehensive range of global transportation services to help customers manage and move materials, finished products and other goods efficiently and economically.