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country. Tennessee is home to four of the nation’s top truck bottlenecks as identified each year in ATRI’s list of the top 100 most congested freight-significant locations. Te four Tennessee locations and their ranking in the top 100 are: #30 – Nashville, I-24 at I-440 North #34 – Nashville, I-65 at I-24 #49 – Memphis, I-40 at I-240 East #62 – Nashville, I-40 at I-65 East Moving freight around and through those
bottlenecks – where average truck speeds are less than 40 miles per hour due to congestion – is a challenge for motor carriers statewide. Rounding out the top five issues for
Tennessee motor carriers is the Electronic Logging Device (ELD) mandate. In March 2104, FMCSA issued a Supplemental Notice of Proposed Rulemaking (SNPR) to address a number of concerns identified by industry stakeholders in the initial ELD proposed rule. At the time the survey was conducted,
the industry was still awaiting issuance of the final rule, likely keeping this issue in the top 10. Te final rule has now been published by FMCSA and for the most part, the strategies identified by survey respondents for dealing with the issue have been addressed in the final rule. Tose strategies included ensuring that the ELD mandate did not require that the devices be capable of creating hard-copy HOS records; grandfathering in existing devices installed by early adopters; and ensuring that the two-year implementation window not be extended. With the final rule issued, the ELD
mandate may see a change in ranking in the 2016 Top Industry Issues Survey (to be launched in August) driven more by any remaining issues or concerns that carriers and drivers have as ELDs are deployed. Te number six issue in the Tennessee
ranking was Driver Distraction. As an industry concern, Driver Distraction first appeared in the national ranking in 2014. Increased concern over the rising use of
technology in vehicles by all drivers will likely result in this issue continuing as a top concern in the coming years. Two issues tied for seventh place among
Tennessee respondents: Truck Parking and FMCSA’s Compliance, Safety and Accountability (CSA) program. Truck parking continues to receive increased attention as the growing scarcity of available parking creates a dangerous situation for truck drivers who are oſten forced to drive beyond allowable HOS rules or park in undesignated and, in many cases, unsafe locations. As such, the top strategy ranked by survey respondents is to support and encourage investment in new truck parking facilities, while also encouraging states to reopen shuttered facilities. A myriad of challenges with CSA continue
to keep it in the top 10 issues nationally and among Tennessee carriers. A number of studies, including research by ATRI, have documented that CSA’s safety measures, the seven Behavioral Analysis and Safety
OUTIN FRONT
DALE ALLEN Partner Nashville
dale.allen@
arlaw.com
TONY SWAFFORD Partner Nashville
tony.swafford@arlaw.com
ROCKY KING Associate Nashville
rocky.king@
arlaw.com
HOLLY McDANIEL Governmental Affairs Advisor (non-lawyer) Nashville
holly.mcdaniel@
arlaw.com
CANNON ALLEN Partner Memphis
cannon.allen@
arlaw.com
MARK NORRIS Special Counsel Memphis
mark.norris@
arlaw.com
BEN FOX Partner Memphis
ben.fox@
arlaw.com
JEFF BROOKS Partner Washington, DC
jeffrey.brooks@
arlaw.com
transportation and logistics
Our Adams and Reese Transportation and Logistics Team advises clients on issues relating to the entire supply chain and all modes of transportation: highway, water, air, rail, and pipeline. We understand the particular demands and complexities of the industry, and therefore, maintain real-time knowledge of statutory, regulatory, and legal decisions that impact your
business. Through our governmental relations team and our membership and leadership in several transportation industry organizations, we stay up-to-date on relevant legal developments on a regional, national and international level.
www.adamsandreese.com
Fifth Third Center | 424 Church Street, Suite 2700 | Nashville, TN 37219 | 615.259.1450 Crescent Center | 6075 Poplar Avenue, Suite 700 | Memphis, TN 38119 | 901.525.3234
ALABAMA | FLORIDA | LOUISIANA | MISSISSIPPI | SOUTH CAROLINA | TENNESSEE | TEXAS | WASHINGTON, DC No representation is made that the quality of the legal services to be performed is greater than the quality of the legal services performed by other lawyers. Contact: Guilford F. Thornton, Jr.
12 • TENNESSEE TRUCKING NEWS Q4 WINTER 2017
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