Truckload Carriers Association’s (TCA) senior vice president of government affairs and safety Dave Heller had a lot to declare when he crossed the border into Canada for the group’s annual Bridging Border Barriers conference.
He came to Toronto with a longer-than-usual list of changes while presenting his annual and always much anticipated government affairs update. Things are moving faster than ever in Washington, D.C., Heller said, noting recently appointed FMCSA administrator Derek Barrs comes from a trucking enforcement background.
“He’s been a breath of fresh air,” Heller said. “He’s a great representative of the industry and is certainly bringing a strong enforcement flavor to it.”
Common sense is returning to the District, Heller said, citing investments like a $275-million grant for truck parking projects and withdrawal of the loathed speed limiter rulemaking. The United States is also running two pilot projects that are exploring increased hours-of-service flexibility.
The Trump administration continues to vow to pull 10 regulations for every new one created, affording industry groups the opportunity to advance proposals that would cut red tape and improve industry efficiency.
Truck driver safety
The current administration has also shone a light on the quality of drivers on American roads, Heller added, citing English language proficiency enforcement and a crackdown on non-domiciled-issued CDLs.
Heller said it’s estimated as much as 3.8% of the U.S. driver population is unable to comply with English language proficiency requirements, meaning the newly enforced out-of-service requirement could sideline 136,000 such drivers. He warned that Canada-based drivers are not exempt, pointing out ELP-related OOS violations have exploded in states along the northern border, such as South Dakota (up 1,100%) and Montana (up 666%).
Heller also drew a correlation between proficiency in English and road safety. New data indicates companies with ELP-related OOS violations have higher crash rates per power unit than those without such violations.
“The reality is, there is a safety issue when it comes to this,” Heller said.
Non-domiciled CDL crackdown
A crackdown on non-domiciled CDL holders could take another 194,000 drivers off the roads over the next two years as those licenses come up for renewal, he added. Together, those two issues alone could remove up to 340,000 drivers, putting pressure on capacity.
However, the courts have intervened to pause the non-domiciled CDL crackdown, Heller added, effectively creating a third governing party for the trucking industry in addition to FMCSA and Congress — that being the courts.
Speaking to rumors a proposed piece of legislation in the U.S., the Protecting America’s Roads Act, would ban Canadian CDL holders from operating in the U.S., Heller assured that’s not the intent. Canadian drivers would be exempted from the proposed restrictions under the Canada-U.S.-Mexico (CUSMA) trade agreement, though that is up for renegotiation next year.
Another piece of proposed legislation, the SAFE Drivers Act, looks to limit the languages prospective CDL holders can use while obtaining their license. Heller said such regulations stem in part from the fact there are CDL-holders in the United States who have ‘No Name Given’ listed as their first name on their license and that states such as California allow CDL applicants to take their test in one of seven languages. It’s a further measure meant to improve English language proficiency among truck drivers.
“If you have drivers who don’t speak English, they’re going to be placed out of service,” he warned. “There’s no negotiating on this.”
Entry-level driver training is also under the magnifying glass. An effort is under way to stamp out licensing mills. So far, 244 training providers have been removed from a federal registry of training providers, with another 2,600 proposed for removal.
And, added Heller, U.S. Secretary of Transportation Sean Duffy has even floated going after shippers to ensure they aren’t using drivers who cannot speak English.
Highway Reauthorization bill
A new highway reauthorization bill will be needed, with the current Biden-era bill set to expire Sept. 30, 2026, two months before mid-term elections.
Beyond money for roads and bridges, it could include legislation pertaining to automatic emergency braking, licensing of younger drivers, hair follicle testing and funding for parking.
Heller said this administration is also looking to update its Gallons-Based User Fee (GBUF) method for collecting fuel taxes. And the fees will go up. Currently, diesel is taxed at 24.4 cents per gallon, which hasn’t increased since 1993. Just bringing that fee up to 2025 dollars would mean it should be 52.9 cents per gallon, Heller noted. That money goes directly to the Highway Trust Fund.
