GET-IN-GEAR winter edition 2017
LEADERSHIP CORNER From the President’s Desk It is often said in sports that the best defense is a good offense. Why should a team limit its strategy to simply preventing their opponent from scoring on them, when putting its own points on the board is how the game is won? By placing your team in a scoring position, the other team is forced into a more defensive position. The same analogy can be applied to government affairs and advocacy. Three years ago, CVTA fundamentally shifted its government relations and regulatory strategy from a defensive, reactionary strategy to an offensive, proactive strategy. This strategy required members to be more engaged in the policy process by requesting meetings with policymakers, hosting campus tours for their legislators, and closely following the legislative and regulatory proceedings in their states. By taking a more offensive approach, we have inserted ourselves in the process that has yielded positive results. CVTA’s change in strategy has resulted in several major wins for our members on both the federal and state levels. Our results are a direct result of member participation. Rather than standing idle and hoping our industry would not be affected by the Administration or Congressional policies, we took a seat at the table and became instrumental in the development of policies that work for us. The catalyst for this success is the relationships CVTA members have built with policymakers. Those relationships set the stage for CVTA to work with policymakers to educate them on what we do, and how to develop and implement effective policies that make sense. Today, more and more policymakers in Washington, D.C., and in state governments across the country, look to CVTA as a resource on issues ranging from truck driver education to CDL exam wait times. As CVTA enters 2017, and we continue working on issues to improve the ability of our students to seek quality CDL training, I want to underscore the important work our members do daily to form relationships with other associations and policymakers. Good relationships require attention, trust, and a regular presence. Simply put, it requires effort. I cannot express enough gratitude to our members who put in the work required to foster relationships with state and federal policymakers, state trucking associations, and others. You deserve the credit for CVTA’s success. If you have not been engaged, are unsure where to start, or need assistance, CVTA is here to help. One of the best places to start is Hill Day as it will give you a chance to observe our government at work and open a line of communication with your public servants that can lead to productive working partnerships. Our legislative offensive doesn’t start or end with Hill Day. It’s a constant, year-round team effort to keep our lines of communication open with the people who draft laws and regulations that affect our industry. If you’re not already playing, get in the game and score some more points for team CVTA. Best,
Don Lefeve
President & CEO, CVTA
A Message from CVTA’s Chairman I hope that you had a wonderful holiday season celebrating with friends and family, and that the beginning of the New Year is off to a great start. As this is my last year as Chairman of the Board, I’m looking forward to serving out my term working closely with CVTA’s leadership team to improve member programs and services to enhance the overall member experience. Already this year, and as a result of the ELDT Final Rule, we are working hard to outline the programs and services members will want, need, or need to develop to be compliant. The ELDT Final Rule is tremendously important, and CVTA is taking steps now to develop compliance programs and offer discounted services for members. The ELDT Final Rule presents a unique opportunity for us to reach out to non-CVTA schools, carriers, and associate members and highlight CVTA’s value within the industry. Schools and other training providers will need to register on the FMCSA’s Training Provider Registry (TPR), and indicate if they are a member of CVTA (or another affiliation). The FMCSA’s recognition of CVTA is important for several reasons. First, we need to maintain the quality of our brand. Second, we need to uphold our position as the trusted source and thought leader representing schools and carriers that prepare and hire tomorrow’s professional truck driver. To this end, we are in the process of developing Best Practices for schools, scheduling a great line-up of webinars to keep members informed about significant changes and opportunities in the industry, as well as maintaining our presence on Capitol Hill and at state capitals. As always, we welcome feedback and suggestions on ways we can better serve you as a member. Lastly, I am looking forward to our annual Hill Day event in March. If you haven’t registered for Hill Day or have never participated before, I encourage you to sign-up and attend. It’s a fantastic event that has been rapidly growing since its inception in 2014. I hope to see you at Hill Day and other CVTA events this year. Gary Strube
Chairman of the Board CVTA
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2016 ELECTION DEFY ODDS IN A “YUGE” WAY
Shuster (R-PA-09) will finish off his term as Transportation & Infrastructure Committee Chairman, where he helped navigate the FAST Act in the last Congress and has always been receptive to issues important to trucking.
The first few weeks of January will be ceremonious as new members of Congress are sworn in for the 115th Session and Washington prepares for the inauguration of Donald Trump as the 45th President of the United States. Contrary to conventional wisdom that was prevalent prior to November 8th, Republicans won the White House while retaining majorities in the House and Senate. The conservative environment in the nation’s capital present opportunities for CVTA and our interests in labor, education, and trucking policy.
Transportation Secretary nominee Elaine Chao is expected to have a smooth confirmation as she enjoys bipartisan support. As a former Department of Transportation Assistant Secretary and Labor Secretary, she brings a perfect blend of labor and transportation expertise. President-elect Trump’s picks for Labor (fast-food executive Andrew Puzder) and Education Betsy DeVos (entrepreneur and private school advocate) are being targeted by Senate Democrats, and will likely face increased scrutiny.
Senate Republicans had a net loss of two seats and House Republicans had a net loss of six seats. A major electoral upset was the loss of Senator Kelly Ayotte’s (R-NH) re-election to former New Hampshire Governor Maggie Hassan (D). Senator Ayotte was a champion on trucking issues during her tenure and was an industry ally as a member of the Senate Commerce Committee. Senator Hassan’s record on issues important to CVTA is yet to be determined.
The first 100 days of the Trump Administration will likely focus on a rollback on controversial policies of the Obama administration, primarily the Affordable Care Act. There will be a review of other regulations passed in the previous eight years, which is consistent with previous administrations. Since filibuster rules make it easier for Senate Republicans to pass some of the Trump administration’s agenda. However, Senate Democrats may still employ certain procedural delay tactics to slow the Republican agenda. CVTA does not expect any immediate action on policies and regulations that affect our industry, but your government affairs team continues to communicate with policymakers on Capitol Hill and in the administration so that you can stay informed.
Senator Catherine Cortez-Masto (D-NV) will assume the seat vacated by retired Senate Democratic Leader Harry Reid. As a former chancellor of the Nevada System of Higher Education, her background in post-secondary education will be of interest to CVTA members. The House Committee on Education & the Workforce has a new Chairman in Rep. Virginia Foxx (R-NC-05). Chairman Foxx has been a champion on education issues particularly those offering vocational education. Congressman Bill
REGULATORY RECAP
FMCSA Drafts Final Rule on Drug & Alcohol Clearinghouse
FMCSA Publishes Entry-Level Driver Training Final Rule
FMCSA drafted a final rule on the CDL Drug and Alcohol Clearinghouse. The rulemaking will go into effect on January 6, 2020. During implementation, a national database will be set-up where all positive drug and alcohol screenings will then be submitted. The clearinghouse will also be used to denote individuals who refuse to submit to a drug and alcohol screening.
On December 8th, the FMCSA published the long awaited Entry-Level Driver Training Final Rule. This Final Rule will require anyone seeking a Class A or Class B Commercial Driver’s License (CDL) to receive training prior to taking their CDL exam. Specifically, it requires training providers to: certify students have completed BTW training to a proficiency standard; certify their program teaches the required classroom subjects (outlined in the Final Rule), and that students have completed a written assessment covering all subjects with a passing score of 80% or higher; register with the FMCSA’s Training Provider Registry (TPR) and certify that their program meets the standards for classroom and behind-the-wheel (BTW) training; and certify students have demonstrated proficiency in operating a vehicle before siting for the CDL exam. In addition, the Final Rule will ask training providers to acknowledge whether they have an affiliation (membership) with CVTA and other organizations.
For purposes of the rule, commercial driving schools are considered “employers” and students as “employees” since the students are directed at some point during training to operate a CMV. Under this rule, Commercial License Permit (CLP) holders are treated the same as CDL holders, and must submit to substance abuse screenings. Driving schools are required to submit positive results (or refusals to submit) to the database if they test anyone with a CLP or CDL. Any tests conducted on those who do not hold CLPs or CDLs will not be required to comply. However, schools will be required to submit positive tests or refusals to the clearing house on CDL holders and CLP holders who are in the process of becoming a
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CDL holder. Individuals will be prohibited from operating commercial motor vehicles until they satisfy requirements to return to work. CVTA’s Government Affairs team is compiling a more comprehensive summary of the rule and its application to CVTA members, which will be available soon.
CVTA Files Comments to the FMCSA on CDL Test Delays On December 5th, CVTA filed comments in response to a FMCSA Information Collection Request (ICR) regarding CDL test delays. Per Section 5506 of the FAST Act, the administration is required to collect information on CDL test delays and submit a report to Congress on its findings by June 2017, and on an annual basis thereafter. CVTA urged the FMCSA to allow State Driver’s License Agencies (SDLA) enough room to voluntarily submit their skills testing delay information by location and month (if they would like to disclose it). CVTA also urged the FMCSA to have the SDLA to disclose whether it collects the delay information electronically or manually tabulates it, and explain any time restrictions on the data used to report delays. For example, certain SDLAs appointment systems can only schedule appointments within a certain number of days (Ex: 90 days). Our concern is if this data limitation is not noted, then certain SDLAs delays could be worse than reported.
Hours of Service Fix Signed into Law In December, President Obama signed a spending bill to keep government operations funded through April 2017. The Bill contained an Hours of Service provision that reverts truck driver HOS rules back to pre-July 2013 regulations. The rule that went into effect in 2013 required that truck drivers take no more than one 34-hour restart per week, and that each restart must include two consecutive periods of rest between 1am-5am. This new fix supersedes a previous HOS provision passed at the end of 2014, which accidently suspended the 2013 rule until the FMCSA completed a study on its effectiveness. Under the new provision, truck drivers will be allowed to take as many 34-hour restarts as they deem necessary, and are not required to take two consecutive rest periods from 1am-5am. If FMCSA’s study finds statistically significant evidence that two consecutive periods of rest create a safer highway environment, the 2013 rules may go back into effect.
NHSTA Releases Draft Regulations on Vehicle-to-Vehicle (V2V) Communications On January 12th, NHTSA’s issued a Proposed Rule in the Federal Register that would “establish a Federal Motor Vehicle Safety Standard (FMVSS)”, and “mandate vehicle-to-vehicle (V2V) communications for new light vehicles and to standardize the message and format of V2V transmissions.” Back in December 2016, following a press release issued by NHTSA on the NPRM, lawmakers, Wi-Fi and auto industry groups weighed in on the proposed rule. While some applauded the decision to move forward with this proposed rule, others raised concerns about safety as well as calling on NHSTA to ensure that cybersecurity and privacy protections are put in place prior to V2V being introduced into the market. Comments must be received on or before April 12, 2017.
Department of Labor Ceases Publishing Funding Opportunities in the Federal Register As of December 29, 2016, the Department of Labor’s Education and Training Administration (ETA) ended announcing funding opportunities in the Federal Register. Individuals and organizations interested in funding opportunities made available through ETA can look for updates on www.grants. gov, which is the website clearinghouse for all available government grants for a variety of private sector activities that advance public service and domestic economic initiatives. Federal law requires that all grant opportunities be posted online, and because of the redundancy of posting grant announcements in both the Federal Register and on grants. gov, ETA opted to post announcements solely on grants.gov. Users of the website can sign up for email alerts.
CALL TO ACTION: THE IMPORTANCE OF CVTA’S HILL DAY CVTA’s Hill Day is quickly approaching and I am asking that you join us on March 7-8th. Hill Day is an opportunity for CVTA members to meet with their Representative and/ or Senator (or their staffer) and educate them on how CVTA schools safely prepare trucking’s workforce for their future career. It presents the perfect opportunity to discuss policy issues that are impacting schools and carriers, highlight a commitment to enhancing safety and provide real-life examples of creating jobs that turn into careers. Members of Congress and their staff value these meetings. You are the expert in CDL training and Hill Day allows you to meet face-to-face and educate your legislators. It also gives you an opportunity to personally invite them to tour your school and meet students, faculty, drivers and instructors. Simply put, Hill Day is a major reason CVTA was able to shape policy over the past few years. This event has allowed our members to forge relationships that have resulted in actual, positive change for CVTA members. At least a dozen schools hosted a member of Congress this past year. During these visits, congressional leaders were able to see how we train commercial drivers for one of the
The more we build and strengthen those relationships, the more effective CVTA will be in protecting and promoting our members and the industry’s interests. Your participation is a demonstration of our associations strength and helps educate our lawmakers on commercial driver education. Let’s extend 2016’s good results into 2017 and make it another highly productive year for CVTA. See you in March.
most challenging and economically significant careers in America. Based on experience, legislators enjoy seeing the facilities, trying out a simulator, sitting in a truck, and meeting students and faculty. It is an unforgettable experience for them that is much more exciting than the usual day-today meetings they attend. More importantly, your lawmaker will get to know you as an expert resource on issues affecting our industry – and therein lies the value of meeting early and often with elected officials. The 115th Congress has begun. Members have been sworn in and a new Administration will begin in just a few days. There’s no better time than the present to share your story. As Chairman of the Legislative & Regulatory Committee, I encourage you to attend Hill Day. As an association, there is strength in numbers. The success of our collective legislative and regulatory efforts was a direct result of the relationships we have established with lawmakers on Capitol Hill.
John
John Diab CVTA Legislative & Regulatory Committee Chairman
ADVOCACY IN ACTION On October 13th, a representative from the office of Senator Cory Booker (D-NJ) visited Smith & Solomon’s Linden campus. On October 17th, Congressman Bob Gibbs (R-OH-07) visited Great Lakes Truck Driving School. On December 15th, Congresswoman Norma Torres (D-CA-35) visited Werner’s Fontana Terminal and Roadmaster’s Drivers School. CVTA encourages all our member schools to meet with their elected officials – federal, state and local – and invite them to tour your campus. Engaging with these elected officials helps them learn more about our member schools, but also the CDL driver training process. If you are interested in learning more about how to host an elected official at your school, contact CVTA’s Director of Government Affairs Mark Valentini.
Left to Right: Werner Enterprises’ Sarah McDonald, Rep. Torres, Werner Enterprise’s Ryan Gass, Rep. Torres’ District Director Mike Wind, Werner Enterprise’s Dawn Nickel and CVTA’s Mark Valentini
Rep. Torres behind the wheel
MAKE COLLEGE GREAT AGAIN: HIGHER EDUCATION IN THE TRUMP ERA Much has already been written about President-elect Donald Trump’s unanticipated victory and the GOP retention of Congress. But what should educational institutions expect during the Trump era? The incoming administration has a long list of priorities, and higher education is not at the top of that list. We anticipate that the new leadership at the Department of Education will simply stop implementing the Obama-era rules that they do not like. Meanwhile, Congress will work on the already-underway reauthorization of the Higher Education Act (HEA). When passed, the Department could then turn to re-regulating that new law as it sees fit – and in the process, clear out any lingering Obama-era rules that the agency does not like. In the 114th Congress, Senate HELP Committee Chairman Lamar Alexander (R-TN) and Ranking Member Patty Murray (D-WA) found common ground and used old-fashioned compromise to pass the reauthorization of the Elementary and Secondary Education Act (ESEA). Senator Alexander planned to turn immediately to the HEA after completing its K-12 counterpart, but with the election in full swing, the clock ran out, deferring action to the 115th Congress. Much work has already been done. Hearings have been held and many bills have been drafted. Staff have been working behind the scenes for more than a year. Senator Murray has stated that she wants to remain atop the HELP Committee in 2017.
knows he will need bipartisan support to pass reauthorization. Representative Virginia Foxx (R-NC-05), the new chair of the Education and the Workforce Committee also will work with her counterpart, Ranking Member Bobby Scott (D-VA-03), on the bill. As was the case with rewriting the K-12 law, the bill that initially makes its way out of the Committee should be fairly partisan. Representatives Foxx and Scott will then come to the table to stake their claim on top priorities and iron out differences in an eventual conference committee. Educational institutions should prepare for a very different Department of Education. And not just for-profit schools stand to benefit. All institutions should experience regulatory relief in the Trump era. What does remain to be seen is how research funding and appropriations will fare during the Trump years, in light of a GOP Congress animated largely by constraints on domestic discretionary spending. With Congress on the precipice of what could be the most dramatic rewrite of higher education law in decades and with a new sheriff at the Department of Education, get ready to engage. A version of this article originally appeared on Law360. Ken Salomon is Chair and Chris Murray Vice Chair of Thompson Coburn LLP’s Lobbying & Policy Group in Washington, D.C. Aaron Lacey is a partner in Thompson Coburn’s Higher Education practice, and editorial director of REGucation, the firm’s higher education blog.
Aaron Lacy
There appears to be consensus around several broad principles and issues to guide the legislation: college affordability, accountability for outcomes, accreditation reform, financial aid simplification, and deregulation. The reauthorization likely will deal with many other topics as well, including the role of the Office of Civil Rights in providing protections to victims of sexual assault and transgender students and employees. Fortunately, Congress already has a template for bipartisan reform of higher education regulations. In 2013, a group of four senators on the HELP Committee formed the bipartisan Task Force on Federal Regulation of Higher Education. With Alexander, Senators Barbara Mikulski (D-MD), Michael Bennet (D-CO), and Richard Burr (R-NC) appointed 16 higher education leaders to the Task Force, which was in turn chaired by the presidents of the University of Maryland and Vanderbilt University. In the resulting report, released in 2015, the Task Force noted that “the Department of Education has an increasing appetite for regulation.” The accompanying regulations of concern – including gainful employment – and recommendations for improvement provide a bipartisan, focus-tested framework for reform. Turning the Task Force report into legislation should be one of the main pieces of the reauthorization of the Higher Education Act. Expect reauthorization to take at least a year to make its way through Congress. Also, expect Senators Alexander and Murray to forge quiet compromise and drown out the chatter around town that will inevitably surround the new president. With only a narrow majority in the Senate, Alexander
Partner in Thompson Coburn’s Higher Education practice, & editorial director of REGucation
Ken Salomon
Chair of Thompson Coburn LLP’s Lobbying & Policy Group
Chris Murray
Vice Chair of Thompson Coburn LLP’s Lobbying & Policy Group
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WHAT’S NEW AT CVTA CVTA New Instructor Certification Program (ICP) Launched in Late-Fall In late 2016, CVTA launched its new Instructor Certification Program (ICP). CVTA’s Member Services Committee spent the past two years updating and upgrading the ICP. There are many changes to the ICP program, several are listed below.
Easy access to materials and tests through electronic devices such as PCs, laptops, tablet or smart phones; upgraded content; Interactive, device-friendly lesson presentations that can be used of online or in class training; and 24/7 help desk support. For more details or questions about the ICP, contact CVTA’s Vice President Cindy Atwood.
The Instructor Certification Program (ICP) was a great experience. It taught me a lot about how to find different styles of teaching. As not all students learn the same way, the ICP helped me understand the students’ perspective. I now feel a better connection with my students. -Aaron Piper, Instructor, JTL Truck Driver Training.
NOTHING BETTER THAN BEING A TRUCKER 2016 was a wild year for the trucking industry. Freight was spotty at best, regulation changes keep barreling down the pike, the wildest election cycle any of us have ever seen and the peak season has underperformed. However, I still love being in trucking. New hires, vendors and shareholders ask me quite frequently about what does the future hold for the trucking industry? My Joey Hogan first answer is if you’re not comPresident fortable with change, you need Covenant Transport to find another industry to work in. I’ve been a part of the industry for almost 20 years and the changes that we’ve seen have been, at times, overwhelming, but frankly I don’t see it slowing up any time soon. First, with the new Administration in the White House, I do see some of the pending regulation slowing, especially on the EPA side. Anything focused on safety will still be discussed, but I see the speed at which it comes to market being a little slower. Our sources feel that ELD’s and the National Drug and Alcohol Clearinghouse will be enforced at the current timing since have been enacted into law already. I really think we need to continue to push the discussion on not only skills based training, but also discussing lowering the minimum driving age for a CDL from 21 to 18 or 19. Second, the driver market will only get worse over the next 5 to 10 years. Recently enacted regulations will put greater pressure on driver wages, thus raising them. This pressure, combined with changing driver demographics (i.e. age, more home time needs), and an improving economy, will provide better overall jobs and wages for competing industries. Competition from other industries will mean that we will need to pay drivers more.
Q & A with ATA’s Bill Sullivan CVTA sat down with ATA’s new Executive Vice President of Advocacy Bill Sullivan recently to learn more about him and his new role at the organization since he started in August 2016. With ATA’s new leadership team and a new adminCVTA: istration starting in January, what opportunities are there for the trucking industry? Any threats?
Bill:
CVTA and ATA have been partners in the past. How CVTA: do you see our two associations working together in 2017?
Bill:
Third, after eight years of unprecedented slow economic growth following a recession, the new Administration will attempt to jump start growth while simultaneously trying to improve and keep jobs in America. The result could be several years of a strong freight market. In summary, if a trucking company can adapt to the new regulations, I believe the opportunities for trucking will be quite good over the next five years. We all need to stay focused on the important things, which are providing a great job for our driving force, staying safe as possible and providing great service for our customers. We do those things then there will be “nothing better than being a trucker”.
New faces and new leadership can bring new energy and ideas, and that’s the case at ATA. The November elections provided some significant changes too, and I’m optimistic about what the elections mean for trucking. Infrastructure investment is vital, and we will work to make sure Congress and the new President put together the right elements of a plan to address congestion, safety and interstate commerce, while also ensuring we have long-term and sustainable funding for our roads and bridges. I’m concerned with the campaign rhetoric opposing trade, especially NAFTA. Trucking carries 76% of the freight covered by NAFTA, and that freight results in tens of thousands of good paying jobs and business for our members. We will quickly respond to any serious threat to revisit existing trade agreements.
We have enjoyed a strong partnership with CVTA in the past, and we expect 2017 to be an especially good year for ATA and CVTA to achieve some real wins for our stakeholders. A major focus will be on how to increase the number of professional drivers with the skills needed to succeed in trucking. Barriers to training, credentialing, and investing in drivers need to be reduced. The recent entry level driver training rule should enhance our ability to connect carriers with the next generation of professional truck drivers they need. The driver shortage impacts ATA members and the economy. I believe that CVTA and ATA have a real opportunity to help produce and connect drivers with employers who badly want them.
With your long history working in executive and CVTA: legislative branches, what is it like now working for ATA and its members?
Bill:
The basic job I’ve enjoyed since moving here in 2000 has been the same – serving others. I believe that’s the major reason people from all over the country and the world choose to move here and stay here. In each job, I’ve worked to understand where, how, and by whom decisions are made. You have to be-
fully deal with others, whether that’s one’s family, friends, a Cabinet Secretary, or a Senator’s Chief of Staff.
lieve in what you’re doing, or people can tell you’re not authentic and honest. In a city where the majority of jobs are about policies and people, not manufacturing, trust and reputation are the biggest assets any of us have. I’ve been blessed to have opportunities to represent policies and people that I believe in – citizens in Tennessee and Alabama, law enforcement and national security, and now the trucking industry. My focus has been different in each job, but serving others by figuring out how to best represent and argue on behalf of real people and businesses is the central theme – and what sincerely launches me out of bed in the morning.
CVTA:
Bill:
Since joining the ATA Leadership team in August, describe a typical day for you?
Most days start with a meeting or phone call about where things stand, and what meetings, hearings, and technical work my teams of legislative, regulatory, or political staffs have planned. I tend to have follow-up from the day before with reading and editing policy work that we’re doing, and working with our Communications, Legal, and Industry Relations teams to make sure we’re in sync. Coordinating across ATA has been a major focus for Chris Spear and our leadership team. I tend to have working lunches with friends in government and other advocacy efforts. When Congress is in session, I spend a significant part of the week in the ATA office on Capitol Hill, and our political activities continue into the evenings with dinners and fund raising events. We also participate in hearings on the Hill and public meetings with DOT and other executive branch agencies. With the meetings that take up much of the day, I enjoy the days when I get home for dinner.
Bill:
Don’t make things up. If you don’t know the answer to a question, say so. It’s our job in advocacy to anticipate as many questions and answers as possible, but I find that people figure out when you make things up. Our reputation for honesty and accuracy is the primary asset we have. If you squander that asset, people may still be friendly, but they’ll be less willing and able to get in the trenches with you to advance laws and policies that matter to our members. Don’t make things up.
A typical day for me depends on external factors, especially whether Congress is in session or if members are in town. Each day has a mix of planning, scheduling, meetings, and management. On most mornings, I run my 16-year-old son and/or 14-yearold daughter to their respective schools and hit the office around 8:15 or so. In previous jobs, more of my day would be taken up doing the priority tasks in front of me. Now, I’m working to make sure the opportunities and strategies are connected to the priorities of our members, and that the people executing those strategies have the resources and help required to get wins on the board.
CVTA:
For younger staff, I sometimes highlight a few keys for me. If you need something, you have to ask for it. A number of friends are very shy about asking for what they need, feeling it may be an imposition. I have found asking for help or information on policies to be a way to get others invested in my effort. Also, basic responsiveness is vital. I grew up in Tennessee, so I feel it’s just a part of human decency and politeness to return phone calls and emails. It’s shocking to me how many people don’t do that. Answering every email and phone call sets you apart, and people remember it.
What advice would you give someone to help them navigate working with Capitol Hill staff, agencies, the administration, etc.? The special sauce of our government is that it’s human. The interests, decisions, needs and process are all built around real, actual people. To do your job well, you have to see them as people and not a means to an end. The core principles of human relationships drive all the good work – honesty, respect, kindness and work ethic is how you success-
State Associations play a big part in any industry CVTA: association’s grassroots efforts. How do you define success in a grassroots campaign, especially members?
Bill:
Our State Trucking Associations are a primary reason the ATA Federation has been able to succeed. A great example is on our attempts to fix the Hours of Service and 34-hour restart provisions this year in the continuing resolution. As our legislative team was calling on congressmen and senators, and their staffs, providing information about the impacts of these changes, our Call on Washington program was bringing three or more State Trucking Associations and their members into Washington to advocate with their members of Congress. Seeing actual constituents and hearing from them about how their business and drivers could be impacted is very powerful, and it complements the lobbying advocacy our ATA staff does. As leaders in Congress were making final decisions about how to address the issue in December, State Association Executives in key states made calls and had meetings directly with key Senators and Congressmen, helping provide the momentum to succeed. ATA also depends on our state associations to be an ear to the ground for the needs for advocacy. One recent example would be about the testing and possible deployment of autonomous vehicles. State associations in Colorado, California, Ohio, and other states are responding to autonomous passenger vehicle testing, as well as the first automated commercial delivery. We are working very closely with these state associations to coordinate information and concerns, and to integrate their knowledge and experience in their state with federal agency efforts to regulate autonomous vehicles. The bilateral relationship with state associations is one of the key strengths ATA enjoys in our advocacy efforts.
PRIVACY IMPLICATIONS OF SELF DRIVING VEHCILES It’s early in the morning – about 5 a.m. – and you pull into a truck stop just outside of Chicago. You left Atlanta late last night, and have to finish your delivery. Your alarm clock goes off, you roll out of your sleeper berth, and you get behind the wheel. For the past seven hours, since you drove onto the highway just outside of Atlanta, the real driver has been a combination of hardware and software you bought for a few thousand dollars and installed on your truck weeks earlier. With a combination of radar, laser radar, cameras, computers and sensors, your truck has driven itself for more than 600 miles with no human intervention. That might sound like something out of a science fiction movie, but the technology already exists. With the use of these sophisticated sensors and other equipment comes even more data use and collection. One of the many obstacles that obstructs the spread of autonomous vehicles is deciding what exactly to do with the data. Most of it pertains to the vehicle itself, such as where (and when) it is located and how fast it is travelling. This information alone can have significant privacy implications for the driver. However, some of it necessarily pertains to the vehicle’s surroundings, including other vehicles and pedestrians in the area. The collection and protection of data has been a focal point of legislators and regulators for many years. Data protection is currently regulated by a patchwork of legislation with the gaps filled by the FCC and FTC. As is often the case with emerging technology, there are currently no clear legal requirements regarding the use and protection of the data collected by autonomous vehicles. Furthermore, existing privacy policies often provide insufficient protection. This is an ongoing concern of privacy advocates. Driven by these concerns, Senators Edward Markey (D-MA) and Richard Blumenthal (D-CT) introduced the SPY Car Act of 2015, S. 1806, 114th Cong. (2015), which seeks to impose strict limitations on what manufacturers can and cannot do with any data they may collect from autonomous vehicles. However, the Act has not been passed, and remains controversial in the industry. In a Congressional hearing in March, the testimony
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CVTA EVENTS 2017 HILL DAY
March 7-8, 2017 Washington, DC
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2017 SPRING CONFERENCE May 10-12, 2017 New Orleans #CVTANOLA17
driving is the most common occupation in more than half of all states, but tens of thousands of unfilled jobs remain. With current trucks and drivers traveling nearly 300 billion miles each year, autonomous trucks are the future, and the future is coming fast. Establishing and maintaining clear data privacy standards and guidelines before the government gets involved can help it arrive even sooner.
CO-AUTHORED BY
of industry leaders made it obvious that no clear privacy standards have yet been adopted. Current efforts are primarily focused on the impact data collected by passenger vehicles will have on the drivers’ privacy. However, the proposed legislation is phrased broadly, and would apply to trucks as well. Although autonomous trucks have managed to escape intense scrutiny thus far, they are at the forefront of the autonomous vehicle movement. Therefore, it is clear that as trucks begin to collect more data, they will be targeted more directly. Before autonomous trucks can be adopted on a wide basis, trucking companies and manufacturers must make significant efforts to protect the privacy of any data that they collect – particularly when it pertains to third parties. Failing to protect this new data, at least as well as existing data is already protected, will inevitably lead to legal liability. Trucking companies that see the immense potential of autonomous vehicle technology would do well to implement manageable privacy policies early, so that they may avoid having stricter policies imposed upon them by bureaucrats down the road.
Mitchel N. Roth
Roth Doner Jackson, PLC mroth@rothdonerjackson.com
Michael L. McKay
Roth Doner Jackson, PLC
They should do it quickly. Ohio has designated 35 miles of U.S. Route 33 for testing and improving autonomous truck technology, and the technology is already pretty good. Truck
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MEMBER VIEWPOINT CFPB Regulations Regarding Extension of Credit by Institutions of Higher Education The Consumer Financial Protection Bureau (CFPB), is a government agency created in the wake of the 2008 financial crisis in order to protect consumers. Recently, you may have noticed they are receiving a lot of press regarding their investigations into many areas including debt collection, pay day lending, and other financial services. The CFPB also has jurisdiction over extensions of credit and private student loans, and its willingness to continue investigations into these and other financial products and practices will likely continue or even increase. In fact, the CFPB are in the process of writing new regulations that will impact debt collection, arbitration, short-term credit products and pre-paid cards. There could be an impact on higher education financing with the servicing of student debt. There are many laws which oversee and apply to the financing of “institutional loans” for education. These include, but are not limited to: the Truth in Lending Act (TILA) and Regulation Z (Reg Z), which ensure consumer disclosures are standardized so the students understand the terms, and conditions of debt they are incurring; Military Lending Act (MLA), which provides added benefits to current or past military service members; and CFPB’s Unfair, Deceptive or Abusive Act or Practice (UDAAP) authority. A major component of CFPB’s oversight is UDAAP. The CFPB is ensuring that they act as a fiduciary of sorts to protect the consumer. Under the UDAAP authority, the CFPB has prosecuted a variety of very heavily publicized cases that recently resulted in such severe implications such as school closures, multi-million-dollar borrower relief/ loan forgiveness decisions, multi-million dollar fines against institutions, termination of accreditation status for institutions, and new reporting and monitoring requirements. Given the myriad of laws and regulations, which govern financing post-secondary education, institutions should understand the importance of partnering with third party professionals who are familiar with, and adhere to, these guidelines. If you choose to offer your own institutional financing, you need to be aware that many, if not most, of these regulations may apply to your programs. It may be time to re-consider the type of financing options you offer your students to minimize risk to your institution, while still ensuring your students have access to the financing they need to complete their training and education. Many clients often ask whether “Should I be concerned?” or “Should I be worried?” The answers are “yes” and “maybe”. It all depends on how you are implementing and monitoring the financing options you make available to your students. The key is to make sure you are providing all required disclosures in a timely manner, have clear and consistent documentation on all your financing options, policies and procedures, implement fair lending policies regarding rates, fees and other charges, and do not engage in unfair, deceptive or abusive practices. Schools are under a microscope. It is more important now than ever to ensure the products and services you offer to your students are compliant, competitive, and supported by expert partners who will be looking out for your best interests and the interests of the students you serve.
The best suggestion is to partner with experts in the industry who monitor and ensure their products, programs and services will protect you and the students you serve. This way you can sleep easy knowing you are compliant and not under that microscope.
CO-AUTHORED BY Marty Herrick
Senior Vice President Education Loan Source
Martin.Herrick@edloansource.com
Pat Cook
Vice President Education Loan Source
44 Canal Center Plz Suite 120 Alexandria, VA 22314 www.cvta.org