Spoiler alert: FRESH Act bad for small motor carriers, OOIDA says

February 27, 2020

Mark Schremmer

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The Freight Restriction Elimination for Safer Hauling (FRESH) Act would hurt small trucking companies while making highways more dangerous, OOIDA told lawmakers in a letter sent on Feb. 26.

OOIDA sent the letter regarding  the FRESH Act, HR5773, to the sponsors of the bill, Reps. Rob Woodall, R-Ga., and Sanford Bishop, D-Ga. The bill would allow states to waive interstate gross vehicle weight limits for trucks that are hauling a perishable product, obeying state weight limits, and are equipped with a speed limiter set to the lesser of 65 mph or the posted limit.

“This legislation would increase truck gross vehicle weight standards on the interstate for only select industries, thereby accelerating the deterioration of highway infrastructure and negatively impacting small trucking businesses,” OOIDA wrote in a letter signed by President and CEO Todd Spencer. “Even more problematic, we believe the technical requirements of this legislation are not compatible with the actual operation of speed-limiting devices.”

Proponents of the the FRESH Act say it would end the weight limits on federal highways that force large trucks onto two-lane highways.

“Current law encourages the diversion of large trucks into neighborhood roads, causing substantial damage and creating unnecessary risk,” Rep. Bishop said in a news release. “This bill will fix this problem and put large trucks back on the highway. It will increase the safety of our roads and help ensure perishable goods get where they are needed.”

Tough on small motor carriers

OOIDA said the FRESH Act legislation will actually decrease safety and is especially problematic for small trucking companies.

“Permitting trucks to operate at higher gross vehicle weight would also have immediate economic implications for hundreds of thousands of small trucking businesses, who would be forced to increase their hauling capacity to stay competitive,” OOIDA wrote. “Unlike large carriers, who could transition their fleets over time while maintaining business, smaller trucking companies and owner-operators would be compelled to immediately modify their equipment at a great cost just to remain viable.”

The Association added that previous weight increases have demonstrated that heavier trucks don’t lead to larger paychecks for truck drivers.

“Considering these factors, increasing gross vehicle weight is all cost and no benefit for small businesses.”

Speed limiters

OOIDA also has concerns about the FRESH Act legislation requiring speed limiters. The Association has opposed speed limiters for years, citing research that shows split speed differentials has a negative effect on safety.

“Decades of highway research shows greater speed differentials increase interactions between truck drivers and other road users,” OOIDA wrote. “In turn, studies have consistently demonstrated that increasing interactions between vehicles directly increases the likelihood of crashes.”

In addition, OOIDA said the bill’s speed limiter requirement isn’t even workable.

“Under the legislation’s requirements, a commercial motor vehicle must have a speed limiter that is set to the lesser of either the posted speed limit or 65 miles per hour,” OOIDA wrote. “This would seemingly require a driver to continually update his or her speed limiter device throughout their trip, but given the way that maximum speeds are set with this technology, this would not be possible.”