We at ICSA recently shared some thoughts about how presidential elections affect legislation and rulemaking at the federal level and why members should care. History has shown that agencies seldom try to enact anything in the last months of the current president’s administration, largely because a new president can undo nearly everything once he or she is sworn in.
The current Biden Administration and many Democrat-controlled agencies have been less friendly to trucking than the Trump Administration was following his election as the 45th president in 2016. A hostile Democrat-controlled Senate stopped most legislation enacted by the House of Representatives, and the Republican margin in the House was so small that few pieces of legislation made it to the Senate and to the president’s desk.
Congress recessed for the 2024 election, but both the House and Senate are set to meet again starting November 12. This will be what is known as a “lame duck” session, meaning that many members will not be returning to Congress after the New Year and thus may be inclined to vote a certain way because they are not running for office.
New and returning Senate and House members will take office January 3, 2025, and will find a number of truck-related issues awaiting action. Federal pre-emption is another, with respect to whether California can require out-of-state trucks operating in the state to meet tough new pollution standards. Pending legislation would prevent the EPA from giving California permission to enact its new trucking requirements.
Also at stake are trucking operations within a dozen or more “blue states” that are jumping on the California bandwagon to restrict or ban the operation of older trucks. So, whether or not EPA grants California its waiver has a disproportionate effect on small fleets and single-truck operators and their ability to own and operate older equipment, especially in drayage operations.
A few other issues truckers care about include speed limiters and the DOT budget, which includes substantial funding for truck parking, among other infrastructure needs. As part of his tax cuts, will President Trump support elimination of the Federal Excise Tax on new trucking equipment? We shall see and we will keep members informed of any measures that affect your operations.
For truckers, testing for marijuana continues. Just as with testing for cocaine, amphetamines, PCP, and opioids, testing for marijuana will continue to be conducted on a pre-employment, random, post-accident, reasonable suspicion, and return-to-duty basis.
As temperatures rise, so do the risks associated with tires, brakes, and overall vehicle condition. Summer heat doesn’t just stress drivers, it amplifies mechanical weaknesses, making maintenance and inspections more important than ever.
The 2026 road construction season is going to be one of the largest in U.S. history and anyone using the roads should be prepared for what’s coming.