Commercial truck accidents on the roads of Indiana and Illinois are notorious for the likelihood of fatal injuries being sustained by those involved in the truck crash as passengers of a smaller motor vehicle (car, minivan, SUV, pickup). Even at very low speeds, the disparity between the weight and force of a large semi-truck, big rig, 18-wheeler, or tractor-trailer can cause horrific bodily injuries and multiple accident deaths. See, Semi-Truck Crashes: Why Tractor-Trailer Trucks Are So Dangerous.
However, these large truck crashes are also known to be extremely risky for the truck drivers themselves. In fact, safety agencies and those advocating for worker victims and their loved ones recognize that truck driver fatality rates are unacceptably high today.
Consider this: studies show that the commercial truck occupant accident death rate has risen almost seventy percent (70%) in the past 14 years.
See, Insurance Institute of Highway Safety “2021 Fatality Facts” report using data provided by the National Highway Traffic Safety Administration. For more read: Truck Driver Fatalities on the Rise: Fatigue, Speed, and the Trucking Industry; Fatal Truck Driver Crashes: Record-Breaking Trucker Fatalities According to New Studies; and Shocking New Fatal Crash Statistics: 52% Jump in Deadly Commercial Truck Crashes.
Truck Drivers Have One of the Deadliest Jobs in the Country
Working as a commercial truck driver in the trucking industry today is extremely dangerous. Truck drivers have what is considered to be the deadliest job in the State of Illinois as well as the entire nation. For details, read: What Is The Most Dangerous Job in Indiana and Illinois?
Accordingly, the trucking industry is one of the most heavily regulated industries in the United States. There is extensive supervision by both the Occupational Safety and Health Administration (“OSHA”) and the Federal Motor Carrier Safety Administration (“FMSCA”).
One example of these industry regulations is the current federal requirement for entry-level driver training (“ELDT”).
This applies to any individual who wants to be licensed to drive commercial trucks in any state in the country, and it is particularly important for young applicants entering into the trucking profession. See, Teen Truckers in Indiana and Illinois: Congress Writes FMCSA and DOT Secretary Pete Buttigieg and Will Teen Drivers 18 – 20 Years Old Be Driving Semi-Trucks on Indiana and Illinois Interstates?
The Entry-Level Driver Training Rule for Commercial Truck Drivers
What is the ELDT Rule? As explained by the Department of Transportation, the Entry-Level Driver Training (“ELDT”) is a Final Rule for the Trucking Industry with compliance being required by law on February 7, 2022. States like Illinois and Indiana must meet or exceed the ELDT’s requirements under their OSHA State Plans.
- sets a federal standard for mandatory training of entry-level drivers;
- establishes minimum training requirements entry-level drivers and training providers must meet; and
- establishes the need for the Training Provider Registry (TPR).
It applies to individuals applying for:
- a Class A or Class B commercial driver’s license (CDL) for the first time;
- an upgrade of an existing Class B CDL to a Class A CDL; or
- a hazardous materials (H), passenger (P), or school bus (S) endorsement for the first time.
To obtain their license, applicants must take and pass both: (1) behind-the-wheel training as well as (2) theory training (where a simulator is used).
This regulation was hard-fought before it was approved in 2016. For details, read our earlier discussions in Inadequate Truck Driver Training and Fatal Truck Crashes in Indiana or Illinois; and Federal Truck Driver Training Law Halted: The Danger of Inadequately or Improperly Trained Truckers Remains.
In July, newly proposed federal legislation that will void this relatively new federal safety regulation for commercial truck drivers in Illinois, Indiana, and the country was introduced. It must be evaluated for how it works to help truckers be safer on the job.
Will this new law, if enacted, help to protect commercial truck drivers and work to drive down the trucker fatality rates? Or will it make things even more risky for truckers behind the wheel on our roads today?
The Proposed Trucking Workforce Improvement Act (H.R.4738)
The proposed law appears before Congress as H.R.4738, entitled the Trucking Workforce Improvement Act. It was introduced in the House of Representatives on July 19, 2023. Its stated purpose is “[t]o repeal the Federal Motor Carrier Safety Administration’s rule titled “Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators”.”
The bill goes on to explain that its goal is that the “final rule issued by the Federal Motor Carrier Safety Administration titled “Minimum Training Requirements for Entry-Level+ Commercial Motor Vehicle Operators” issued on December 8, 2016 (81 Fed. Reg. 88732) shall have no force or effect.”
If passed, the current federal regulation that requires ELDT will be invalidated and unenforceable by Congressional Act.
Rationale for ELDT Repeal: Truck Driver Shortage
The person who introduced the bill is a Virginia Congressman named Bob Good, in a news release entitled “Rep. Good Shields Truckers From Big Government Overreach.” In the release, he deems the ELDT as “burdensome federal regulation on training for a commercial driver’s license (CDL).”
“The ongoing trucker shortage impedes our local farmers and manufacturers from doing business with their communities, driving prices up for consumers across the country. With rising inflation and a job shortage thanks to Bidenflation, the last thing Americans need is more regulatory overreach from bureaucrats in Washington. My bill will remove obstacles to entry for aspiring truck drivers, enable more opportunities for well-paid jobs, and unleash the American economy.”
Trucking Safety Advocates Are Against This Legislation
There has been a swift response to H.R.4738 by those interesting in protecting truck drivers and fighting against the steady rise in fatal truck crashes in this country. For instance, on August 15, 2023, the Truck Safety Coalition sent a letter to the Transportation and Infrastructure Committee of the House of Representatives. It was signed by representatives of the Truck Safety Coalition; Citizens for Reliable and Safe Highways; and several members of Parents of Tired Truckers.
In that correspondence, it was pointed out that:
- America is in the midst of a truck crash crisis;
- Since 2009, truck crash deaths have increased by 71%;
- Fatalities to large truck occupants (largely truck drivers) surged past 1,000 for the first time in nearly 30 years; and
- Driving a large truck has become nearly twice as deadly as wielding a firearm and protecting the public daily as a law enforcement officer.
The letter asks that the House Transportation and Infrastructure Committee “categorically reject H.R. 4738.” The reasons for this request include the following:
- Truck drivers are dying on the job at unprecedented rates.
- The fact that any lawmaker would choose this moment in time to eliminate essential training designed to keep drivers and the public safe from the well-documented dangers of large trucks defies any rational logic.
- It is indifferent to the incalculable suffering and loss of life truck crash violence is causing on our roads.
- H.R. 4738 is exceedingly dangerous and demonstrates a callous indifference to the value of human life. Entry Level Driver Training is meant to ensure all Commercial Driver’s License (CDL) Applicants receive standardized training to improve safety.
The letter also directs the Committee to an explanation provided by FMCSA, that the job of driving a large truck, like a semi, big rig, 18-wheeler, or tractor-trailer, requires a professional driver with “…a higher level of knowledge, experience, skills, and physical abilities than that required to drive a non-commercial vehicle …” who are “…held to a higher standard when operating any type of motor vehicle on public roads....”
Furthermore, the ELDT was passed by a committee that included trucking experts from the American Trucking Associations, the National Association of Small Trucking Companies, the Owner-Operator Independent Drivers Association, and the Truckload Carriers Association.
It is remarkable to think that for over 40 years, no federal standard for CDL training existed. It is widely accepted that minimum training standards are needed and adhered to without question in nearly every other industry, such as aircraft pilots, passenger vehicle driver’s licenses, building contractors, hairdressers, and cosmetologists among others.
The notion that the federal government should be complicit in recklessly unleashing inadequately trained individuals to drive large trucks on our roads is absurd. The TWIA will negatively impact public safety and exacerbate the ongoing truck crash fatality crisis. TSC asks House Transportation and Infrastructure Committee members to categorically reject this bill.
Unacceptably High Danger of Death for Our Commercial Truck Drivers Must Be Addressed
The proposed law does nothing to help make our truckers safer on the job. Instead, it removes safety training designed to help newbies be better trained behind the wheel.
Truckers are dying in shockingly high fatality rates in this country: truckers must ask if removing training requirements for CDL applicants protects that new truck driver, as well as fellow truck drivers and others on the road with that trucker.
As advocates for those who have suffered the aftermath of a catastrophic truck accident, perhaps the better question is how federal law can work to reduce the steadily rising truck driver crash fatality rates.
For more, read:
- Semi-Truck Crashes: Who Can Be Held Legally Responsible for Commercial Trucking Accidents in Indiana and Illinois?
- Trucking Companies Liable for Semi-Truck Crashes in Indiana and Illinois
- Dangerous Truck Parking Crisis: Truckers Demand Federal Action
- Truckers Can Use Exception to HOS Rules If Threatened with Violent Crime
- Nuclear Verdicts in Fatal Semi-Truck Crashes
- Trial Tactics for Plaintiff Semi-Truck Accident Claims: a Practical Guide from Investigation to Trial.
The risk of a severe or deadly semi-truck crash for truck drivers in Indiana or Illinois is excessively high today. The 2023 proposed legislation would recall training requirements for CDL applicants. This does not help to make our roads safer for truck drivers. Our truck accident attorneys help victims of a truck accident injury in Fort Wayne, Hammond, Chicago and all throughout Indiana and Illinois. Please be careful out there!
