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11/13/2009
SPECIAL REPORT: OOIDA urges truckers to comment on NY restrictions

Friday, Nov. 13, 2009 – Ignoring its own findings that there will be “adverse” financial effects on small-business truckers, the New York State Department of Transportation is still pushing for a proposed regulation that would ban heavy trucks on certain secondary roads in the Finger Lakes region.

“Independent truck drivers and small trucking firms that operate on tighter profit margins would also be impacted by increased cost associated with using longer routes,” according to the NYSDOT’s notice that was published on the New York State’s Register on Aug. 26.

“Small businesses receiving truck deliveries may also be adversely impacted by higher rates resulting from the higher costs incurred by trucking companies as a result of the rule,” the notice stated.

The comment period ends on Monday, Nov. 30, and the Owner-Operator Independent Drivers Association is urging its members to make their voices heard in opposition to the proposed restriction that would prohibit trucks from being on seven routes in the Finger Lakes region.

On Friday, Nov. 13, OOIDA sent out “Call to Action” alerts to members in the state of New York, as well as to members in nearby states who may run in that state, including: ConnecticutNew HampshireNew Jersey,VermontMassachusetts and Pennsylvania. The Association is encouraging members to contact the NYSDOT, Gov. David Paterson and state lawmakers (if they are from New York) to let them know that small-business truckers oppose this plan.

Mike Joyce, director of legislative affairs in OOIDA’s Washington, DC, office said this is a time when small-business truckers are struggling to survive as freight rates continue to drop and fuel and equipment costs continue to rise.

“This just doesn’t make good economic sense to move forward with this regulation,” Joyce said.

While the proposed regulation was aimed mainly at restricting the large number of garbage trucks who use these secondary roads instead of the New York Thruway, this restriction would apply to all heavy trucks that use these routes.

“We are certain there are other options out there that would better serve our members than forcing drivers to use the New York Thruway,” Joyce said. “This couldn’t come at a worse time for small-business owners who are trying to make a go of it during these tough times.”

Joyce said the NYSDOT should consider alternative options rather than banning trucks from certain key routes in upstate New York. He said a more favorable solution would be to offer incentives for garbage haulers to run the Thruway instead of these secondary routes, such as a reduction in toll costs or a reduction in the ton-mile taxes truckers must pay.

The NYSDOT cites as one reason they are pushing for the ban that it would be environmentally “conducive” for the communities in the Finger Lakes region who depend on tourism.

“A reduction in large truck traffic will contribute to an environment conducive to these activities,” according to the rule-making notice published on the New York State’s Register on Aug. 26.

However, for small-business truckers who are already seeing their profit margins dwindle, this may be the death knell for their trucking operations.

OOIDA Senior Member Terry Button of Rushville, NY, uses these secondary roads for his hay-hauling business. His family has farmed in upstate New York for more than 135 years.

“I truly believe we have to use a commonsense approach when looking to implement something like this,” Button told Land Line recently. “I have paid for the roads that I use and need to maintain the vitality of my business – a business that continues to be regulated and overtaxed year in and year out.”

Another OOIDA Member Gary O’Brien of Ionia, NY, said he tries never to use the New York Thruway and uses back roads whenever possible to save money on toll fees.

While the routes he normally takes are not among the seven outlined by the proposed regulation, O’Brien said if this is implemented, he said he fears the routes he uses will be next.

“There is talk already of extending it up this way if the regulation goes through,” O’Brien said. “The next town over from mine – Bloomfield – has been talking about doing the same thing for years. If they do this on roads around the Finger Lakes, I worry they will come for me and my business next.”

Another concern O’Brien has is the financial impact the ban would have on the entire economy in upstate New York.

“What’s this going to do to the industry and to all of these local little towns around here,” he said. “We don’t have any businesses around here now, and we aren’t going to attract any new ones if we do something like this.”

Comments can be submitted via e-mail to mailto:truckregcomment@dot.state.ny.us?cc=RegComments@gorr.state.ny.us  
or mailed to:
Yomika Bennett
Director of State and Local Relations
New York State Department of Transportation
50 Wolf Road, Albany, NY 12232

To provide comments to the NYSDOT via phone, call 518-457-2345. Callers should simply state that they want to comment on the draft regulation, and they will be transferred to someone who will take the comment for the record.

Out-of-state truckers also are urged to contact Gov. David Paterson either by e-mail or by calling him at 518-474-8390

Here are the seven routes that will be affected by the ban:

  • Route 41 in Cortland and Onondaga counties;
  • Route 41A in Cortland, Cayuga and Onondaga counties;
  • Route 90 in Cortland and Cayuga counties;
  • Route 38 in Cayuga County;
  • Route 79 in Broome, Tioga, and Tompkins counties;
  • Route 89 in Tompkins and Seneca counties; and
  • Route 96 in Tompkins and Seneca counties.

 

– By Clarissa Kell-Holland, staff writer
clarissa_kell-holland@landlinemag.com

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