U.S. regulations may reduce truck driver workforce, warns TCA's Heller
The U.S. trucking industry is poised for significant challenges as regulations tighten around driver qualifications and testing protocols. With the implementation of new requirements for English-language proficiency and advanced drug testing, the already strained labor pool is expected to shrink even further, impacting logistics and supply chain efficiency across the nation.
During a recent educational conference hosted by the Fleet Safety Council in Brampton, Ontario, Dave Heller, senior vice-president of safety and government affairs for the Truckload Carriers Association (TCA), emphasized the urgent need for attention to these regulatory changes. The implications could affect hundreds of thousands of drivers, disrupting an already delicate balance in the trucking industry.
Understanding the misclassification of drivers in Canada
One critical issue plaguing the Canadian trucking landscape is the misclassification of drivers. Mike Millian, president of the Private Motor Truck Council of Canada (PMTC), pointed out that companies often misclassify their drivers as independent contractors instead of employees. This practice not only creates an unfair competitive edge of approximately 30% in costs for these companies but also raises serious safety concerns.
Millian expressed that those who violate regulations typically engage in multiple infractions, leading to a range of unsafe practices, including:
- Operating poorly maintained or unsafe vehicles.
- Insufficient training for new drivers.
- Exploitation of temporary foreign worker programs.
He urged government agencies to prioritize compliance enforcement over the introduction of new regulations. “We don’t need more regulations — we need to enforce the ones we have,” Millian stated, arguing that compliant operators often face higher costs while non-compliant ones thrive by cutting corners.
In a positive development, Ontario has begun hiring additional enforcement officers, which has led to unannounced roadside inspections revealing alarming out-of-service rates nearing 50%.
License validity and its implications
Another pressing concern articulated by TCA’s Heller is the Federal Motor Carrier Safety Administration’s (FMCSA) interim rule regarding the synchronization of visa expirations with driving license validity. This rule could potentially impact tens of thousands of drivers, particularly those holding non-domiciled licenses. The intent is clear: to prevent these drivers from operating beyond their authorized work term.
Moreover, with the upcoming requirement for English-language proficiency testing, Heller predicts that more than 300,000 drivers may be sidelined. Adding further complexity to the situation are new congressional proposals such as the Protecting America’s Roads Act, which would eliminate FMCSA-level reciprocity agreements for recognizing foreign commercial driver’s licenses unless explicitly authorized by law. While Heller noted that the bill's advancement may be limited, it highlights the increasing political scrutiny surrounding licensing standards and cross-border credentials.
The significance of hair follicle testing
Amidst these regulatory changes, a new method of drug testing is gaining traction: hair follicle testing. Heller noted that this approach is significantly more effective than traditional urine testing, revealing substance abuse issues that might otherwise go undetected. His data indicated that major carriers found hair follicle tests identified:
- 25 times more opioid users.
- Up to 23 times more cocaine users compared to urinalysis.
If regulators approve the uploading of these results into the federal Drug and Alcohol Clearinghouse, drivers could face disqualification or delays in returning to duty, exacerbating the driver shortage even further.
Carrier safety rating system: A call for reform
Millian also advocated for a comprehensive overhaul of Canada’s carrier safety rating system. Currently, federally regulated carriers can hold separate safety fitness certificates across multiple provinces, leading to inconsistencies. This fragmentation complicates the ability of enforcement agencies and shippers to assess actual carrier performance. A single federally regulated carrier could possess up to 13 different safety scores.
Such a system allows unsafe carriers — who may be suspended in one province — to resume operations under the authority of another. A federal task force from the Canadian Council of Motor Transport Administrators is currently evaluating the situation, but Millian emphasized that small, incremental changes are insufficient.
The ongoing truck parking crisis
Truck parking is another critical issue that Heller addressed. The shortage of available parking spaces for trucks, particularly along the East and West Coasts and in the Chicago region, has significant financial implications for drivers, costing them an estimated $7,000 annually. This shortage exacerbates the overall stress on the trucking workforce and highlights the inadequacies in the U.S. infrastructure system, which struggles with a D grade on the national report card for infrastructure.
In addition, the safe driver apprenticeship pilot program, aimed at encouraging younger individuals (ages 18-20) to enter interstate trucking, has been largely unsuccessful. With only 59 carriers and 36 drivers participating, these numbers fall far short of the thousands needed to make a meaningful impact.
Emissions enforcement and training gaps
Millian also pointed out ongoing gaps in training and emissions enforcement across Canada. Certain jurisdictions, including Quebec, Nova Scotia, and Yukon, still lack mandatory entry-level training, creating discrepancies that complicate license reciprocity among provinces. Although Alberta has been a leader in oversight and apprenticeship initiatives, it recently introduced a provincially restricted license that reduces training hours, undermining national standards.
Furthermore, the inconsistency in emissions enforcement during annual inspections allows for non-compliant vehicles to pass safety checks. While provinces like Ontario adhere to strict emissions compliance, Alberta’s exemption continues to draw operators seeking leniency, further complicating the regulatory landscape.
To delve deeper into the ongoing issues within the trucking industry, you can watch a video that sheds light on these pressing matters:
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