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Yahoo
a day ago
- Automotive
- Yahoo
Does DOT's enforcement policy put truck safety at risk?
WASHINGTON — A new enforcement policy being considered by the U.S. Department of Transportation marks a significant change in enforcement of trucking violations, and crash-victim advocates are concerned it will make the roads less safe. In a Notice of Proposed Rulemaking (NPRM) issued in May, the DOT is proposing several administrative changes, including how it oversees enforcement procedures by several of its modal agencies, including the Federal Motor Carrier Safety Administration. The NPRM 'proposes updates to the Department's procedural requirements governing the review and clearance of guidance documents, and the initiation and conduct of enforcement actions, including administrative enforcement proceedings and judicial enforcement actions brought in Federal court,' the proposal states. Significantly for the trucking industry, DOT's proposal follows a trend within government to push adjudication out of the regulatory agencies and into the federal courts. Unless a statute or regulation clearly authorizes an agency such as FMCSA to enforce a legal requirement directly through an administrative enforcement proceeding, DOT's NPRM states, 'the proper forum for the enforcement action is Federal court, and the enforcement action must be initiated in court by attorneys of the Department of Justice acting in coordination with DOT counsel.' Zach Cahalan, executive director of the Truck Safety Coalition, a truck-crash victim advocacy group, believes that placing enforcement for truck industry violations in the hands of courts and judges unfamiliar with how the industry operates could result in less enforcement and riskier carriers. 'TSC is deeply concerned that these changes will severely diminish DOT's ability to enforce safety regulations against carriers,' Cahalan told FreightWaves. 'The notion that regulated entities should have their fate decided by federal judges rather than the DOT is absurd and unheard of. Make no mistake, this is a radical departure from the longstanding accepted norms and will only benefit industry. This will result in far less enforcement and more unsafe carriers operating discriminately on our roads.' Cahalan also noted DOT's plan to adopt the 'Brady rule' in all enforcement actions, including those of the FMCSA, as part of the proposed rule. The rule states that the government has a duty to disclose exculpatory information – information that could clear someone of guilt or blame – in criminal cases. Adopting the rule for enforcement actions 'will contribute to the Department's goal of open and fair investigations and administrative enforcement proceedings,' DOT stated. 'These disclosures should include any material evidence … that may be favorable to the regulated entity in the enforcement action—including evidence that tends to negate or diminish the party's responsibility for a violation or that could be relied upon to reduce the potential fine or other penalties.' But adopting such a practice, Cahalan said, 'does strike me as favorable to industry.' Brian Stansbury, who was chief counsel at FMCSA during the Biden administration, understands why safety advocates are concerned with the proposed policy shift. 'Giving members of the regulated community the ability to disqualify the enforcement official that they're dealing with gives the regulated community real power to push back on enforcement proceedings,' Stansbury, now a partner at the law firm Hunton Andrews Kurth LLP, told FreightWaves in an interview. 'My concern is that it could make enforcement harder for the department if the first move every single time by a member of the regulated community is to try to disqualify the enforcement official. This could result in additional delays and wasted resources spent addressing requests to disqualify. This is an even greater concern with respect to FMCSA enforcement, where you have so many enforcement matters occurring at any given time.' Regarding adoption of the Brady rule in administrative enforcement actions, 'I believe government enforcement officials should be held to a high level of impartiality with a focus on justice, not getting a favorable result, and I am comfortable with the regulated community to have tools to ensure they get exculpatory information,' he said. 'But it also gives bad actors a tool to delay and undermine enforcement actions, and those bad actors are probably the ones most inclined to operate unsafely. It's the risk of abuse that we have to be thoughtful about.' P. Sean Garney, co-director of Scopelitis Transportation Consulting and an FMCSA regulations expert, said that while DOT's policy shift seeks to reduce regulatory red tape, it is no gift to the trucking industry. 'I think this is more about regulatory philosophy than an industry versus safety issue,' Garney told FreightWaves. 'Some regulations protect industry and keep bad actors out. Good actors in the industry have a vested interest in setting a reasonable standard through regulation.' Garney pointed out that a provision within the proposal that weakens the power of guidance documents could actually work against the industry. 'Without this guidance they won't know how to stay compliant and will not have a reliable foundation on which to build their operations.' The deadline for public comment on DOT's proposed enforcement changes is June 16. Trump administration wants to cut FMCSA workforce by 7% DOT's deregulation barrage raises compliance concerns for trucking Freight industry: Which regulations should DOT cut? Click for more FreightWaves articles by John Gallagher. The post Does DOT's enforcement policy put truck safety at risk? appeared first on FreightWaves.
Associated Press
17-02-2025
- Business
- Associated Press
Kiosk Association at HIMSS Healthcare Conference
WESTMINSTER, Colo., Feb. 17, 2025 (SEND2PRESS NEWSWIRE) — Kiosk Association: Come see us in booth 3165 (HIMSS site) at the Venetian for the HIMSS Healthcare conference. Say hello, make connections and setup meeting. Patient check-in, accessibility tools for UX and usability, visitor registration and even wristband printers. We have a full portfolio of pictures, contacts and more on our Kiosk Industry page as well. We have international companies. The HIMSS link lets you connect and chat, or, you can email [email protected] — I won't be there but hopefully playing golf here in Denver. FEATURED This month we have our feature article 'Sports Betting, Bitcoin and Crypto Has its time come?' trends across Europe and the US. How to prepare for the revolution (sounds a bit dramatic, maybe), but it is a very reasonable probability. Bitcoin ATMs still have problems, for sure. On the not-so-good news side, we cover the withdrawal from the Federal Register of Accessible Kiosks NPRM. What next? We have decided that our best response is to assist the industry in developing our common usability guidelines so that all self-service is 'self-enabled.' Testing with personas is a significant component. COVERAGE We have a new affiliation with the RSPA, North America's largest community of VARs, software providers, vendors, and distributors in the retail, restaurant, grocery, and cannabis verticals. This expands our coverage. Jim Roddy, President of RSPA, 'The RSPA is happy to work with Kiosk Industry so together we can share insights and best practices with retail technology solution providers. We see the self-service trend continuing to escalate, and kiosks will play a big role making that happen.' There are international websites with an Asia-focused focus and a Europe-focused focus. See and For example, we are writing an article on latest first of its kind cutting-edge LED menu boards in Poland and KFC. Wayfinding – Case Study Philadephia Cash Watch – Diebold Nixdorf — Will It Adapt Fast Enough or Pull an NCR? Sports Betting, Bitcoin and Crypto – Has Its Time Come? NMI Payments Integration Self-Service Trends 2025 Accessibility ADA Disabilities ACT Status 2025 POS or Point of Sale Solution PCI Example KT Group – Kiosk Manufacturer FOR AV WE POST TO AVIXA Wayfinding Case Study Philadelphia Airport Can I Go To ISE Barcelona? Please! EV Charging and Healthcare Facilities Digital Podium – Yet Another 'Kiosk' Peerless-AV 2024 Projects of Note Best Self Service Awards for 2024 Contact [email protected] with questions or contacts. We accept no financial commission or paid advertising. It is free for companies to participate networking and insight. About Kiosk Industry: The source for experienced opinions, insider insights, news, and market trends. Learn from the experts. About the Kiosk Association: Our mission is to inform and educate. Thanks to the companies who make this possible. MEDIA CONTACT: Craig Keefner 720-324-1837 NEWS SOURCE: Kiosk Manufacturer Association Keywords: Point of Sale and Kiosks, Kiosk Association, Kiosk Industry, HIMSS Healthcare Conference, point of sale, kiosks, WESTMINSTER, Colo. Send2Press® Newswire. Information is believed accurate but not guaranteed. Story ID: S2P124100 AP-R15TBLLI
Yahoo
14-02-2025
- Business
- Yahoo
Feds taking another look at truck-broker contract rules
WASHINGTON — The Trump administration has given renewed hope to truck owner-operators that the government will make it easier for them to review broker transaction records to combat alleged price gouging and help ensure they get a fair price for hauling freight. The Federal Motor Carrier Safety Administration is reopening the comment period for its 'Transparency in Property Broker Transactions' notice of proposed rulemaking (NPRM) at the request of the Small Business in Transportation Coalition. The initial 60-day comment period, which ended on Jan. 21, received close to 5,000 comments. SBTC petitioned FMCSA on Jan. 19 for an additional 14 to 30 days based on the high number of comments coming in at deadline, and to give drivers affected or displaced by the wildfires in Southern California an opportunity to respond to the proposed rule. 'Other potential commenters to the NPRM may benefit from an extension as well,' FMCSA stated in a notice posted on Friday. The new comment period ends on March which claims more than 21,000 members that include small shippers, freight brokers and trucking companies, contends that FMCSA's proposed broker transparency rule does not go far enough to protect truckers from unscrupulous brokers. In requesting the rulemaking in 2020, SBTC wanted brokers to be barred from requiring carriers to waive their rights to review transaction records, and called for new regulatory language stating that broker contracts cannot exempt brokers from having to comply with transparency requirements already on the books. The Owner-Operator Independent Drivers Association also asked for those contract prohibitions, as well as a requirement that brokers automatically provide transaction information within 48 hours of the completion of contractual services. FMCSA's proposed rule, which was published for public comment in November, attempts to give motor carriers more leverage in obtaining freight contract information when disputes arise with brokers, but it stops short of the strict requirements sought by SBTC and to comment, SBTC Executive Director James Lamb told FreightWaves in an email that he appreciates FMCSA's reopening the comment period. He added, however, that 'something is very wrong' with FMCSA's approach to the rulemaking based on information showing that the agency had required a major freight broker to remove waiver language in a contract with one of its carriers – a requirement that SBTC wants to end permanently. 'How does FMCSA tell [the broker] in writing to remove the waiver language … in November of 2023 and then not include a prohibition of waivers in the November 2024 rulemaking as we and OOIDA requested?' FreightWaves has reached out to FMCSA for comment. The Transportation Intermediaries Association, meanwhile, wrote in comments filed in the docket that the rulemaking is 'a solution in search of a problem.' 'Rather than doubling-down on vestigial economic regulations, FMCSA should focus its efforts on addressing highway safety and addressing the proliferating fraud pandemic in the supply chain, which is costing the U.S. economy over $1 billion annually.' Fight over truck broker contracts awaits Trump's next move FMCSA shuts door on brokers in rate transparency dispute Trucker rally for fair rates gets White House attention Click for more FreightWaves articles by John post Feds taking another look at truck-broker contract rules appeared first on FreightWaves.
Yahoo
13-02-2025
- Business
- Yahoo
House Democrat Brands Administration's De Minimis Action as ‘Classic Trump Chaos'
President Donald Trump's flip-flopping on trade issues has proponents of de minimis reform up in arms. At a virtual press conference on Wednesday, U.S. Representative Rosa DeLauro (D-Conn.) characterized the first weeks of the Trump presidency—which have included the levying and subsequent deferral of tariffs on Mexico and Canada, the imposition of new duties on China and a ban on de minimis that lasted less than 24 hours—as 'classic Trump chaos.' More from Sourcing Journal Inflation Spiked In January and Could Climb Due to Trump's Tariffs How Advance Denim's Vietnam Mill Is Bringing Expertise and Innovation Beyond China EU Commission Proposes Suspending Duty Exemption for Low-Value Imports 'I am frustrated by the Trump administration's recent half-measures and reversals on de minimis. This past week has been the equivalent of taking one step forward and two steps back,' she said. 'Rushed announcements, hasty rollbacks, unforced errors—this administration claims they want to close the de minimis loophole, but they have consistently failed to implement their own policies—and have given us all severe whiplash along the way.' The Congresswoman, who has been a longtime proponent of closing the de minimis 'loophole' (and led a coalition of 129 House Democrats in writing an open letter to former President Joe Biden asking him to do so), said lawmakers on both sides of the aisle have been frustrated about the lack of decisive action on from both administrations. Biden attempted to push the issue closer to a resolution in his final months in office by introducing a Notice of Proposed Rulemaking (NPRM). Upon leaving office, he passed the baton to President Trump, who promised swift action on de minimis, calling it a day-one priority. But so far, the speediest action of Trump's second term has been the about-face on the decision that would have banned Chinese shipments from utilizing the duty-free trade exemption. Last week, just one day after implementing 10-percent tariffs on China-made goods and signing an executive order banning any shipments subject to the tariffs from de minimis treatment, the administration hit pause on the action, causing mass confusion among shoppers, shippers and operators of overseas e-commerce platforms. DeLauro bemoaned Trump's waffling. 'Despite there being a bipartisan consensus on the issue, President Trump made big promises on the first day of his administration on January 20, but did not deliver,' she said. She also noted that stripping just one country—China—of de minimis privileges will only cause shipments to be 'routed into the U.S. through other intermediate destinations.' Kim Glas, president and CEO of the National Council of Textile Organizations (NCTO), added that 'If only China is denied these benefits, they will simply transship through other third-party countries.' The trade group leader, who also appeared at the press conference, said she had received reports that in light of a de minimis ban on China-made goods, Asian manufacturers were already ramping up production in Vietnam. 'You can see how this is a de minimis whack-a-mole, if you're only taking a country specific approach,' she said. Because of this, DeLauro believes the federal government must 'act comprehensively' to address de minimis on all fronts, eliminating the provision altogether. She said a clear-cut, unilateral approach would 'ensure that Customs and Border Protection, the U.S. Postal Service and the express shipping companies are able to manage the new screening and the assessment process necessary,' mitigating some of the inevitable slowdown that will arise when a new framework is put in place. Getting out ahead of the issue is essential, she added, because there will be 'a necessary transitional period.' 'Importers have to have the capability to shift back to the formal entry system, to invest in warehouse capacity for more packages,' she said. 'What is a reasonable time to be able to make this change? What are the storage capacities? What needs to be done in that area? There is additional personnel that needs to be to be hired, and that has to be taken into consideration,' she said. 'These are the things that have to be sorted out. And clearly in terms of the Trump administration, it doesn't appear that anything these days is well thought out.' Notably, DeLauro took aim at shippers, saying they should be 'held accountable' as they 'profit tremendously off non-taxed de minimis packages.' In fact, DeLauro intimated that a White House meeting between President Trump and FedEx chairman Frederick W. Smith on Feb. 6 prompted the Commander in Chief to rescind the ban on de minimis shipments from China. During the short-lived China de minimis ban, CBP issued a Federal Register Notice saying that shipments from China would instead be subject to a formal entry process, which would require more paperwork, CBP bonds and processing fees. When asked by Sourcing Journal whether she believes de minimis shipments should be subject to a formal entry process, the Congresswoman answered in the affirmative. 'I think that we need to have formal entry so that we can know that the full set of information about the product—so that CBP then makes the decision of what projects are riskier than others and what products they're going to be dealing with in terms of inspection,' she said. Glas agreed, but explained she believes such a rule would need to go further to ensure its efficacy. 'The Federal Register Notice last week required formal entry for international mail shipments, but that didn't include all the air cargo shipments and other methodologies in which de minimis comes in,' she said. In fact, international mail represents but a fraction of de minimis overseas transport—packages are mailed through express carriers, too. An informal entry process, while less rigorous for CBP as well as the importer (the end consumer), wouldn't provide the necessary framework to weed out violative shipments, she believes. 'The informal entry environment does not require you to submit [a Harmonized Tariff Schedule] code to figure out 'What is the duty that I need to apply for that package, and who is the U.S. importer of record to hold accountable when illegal, illicit, undervalued… fraudulent products are coming in,'' she said. 'During this analysis by the Trump administration, they're going to need to require certain information elements to ensure that we know what's in the box and that there are folks that are culpable when they are trying to violate our trade laws,' Glas added. With about 4 million packages entering the country daily under the de minimis exception, there's no time to lose, according to DeLauro. The Congresswoman previously supported Rep. Earl Blumenauer's (D-Ore.) Import Security and Fairness Act, which aimed to prohibit nonmarket economy countries and nations on the priority watch list from receiving de minimis treatment. 'What does this mean for the economic security of the United States, and what does it mean for the health security of the United States? We're asking the president to act, which he can,' she said. In the meantime, Congressional support for de minimis reform is swelling. 'We're going forward with legislation as well,' DeLauro said. 'We're not we're not stopping; we're going to find a way to do this.'
