Trucking's Firewall
ATA Trucking’s Firewall
Arkansas Trucking Association protects the collective interests of its member companies in the regulatory and legislative arenas. Sometimes, well-meaning legislators and public policy makers introduce proposals that would have a negative impact on the trucking industry and the thousands of people it employs; that’s when ATA steps in.
ATA is frequently the only organization standing in the way of regressive legislation or a burdensome regulation becoming reality – we are trucking’s firewall.
While our primary focus is in Arkansas, ATA doesn’t hesitate to take the lead on national industry issues to promote safety and remove barriers to efficient interstate commerce around the country.
Of course, trucking is a diverse industry and not every issue draws unanimous support or opposition. For that reason, the ATA Board of Directors weighs each regulatory and legislative proposal to determine the association’s position.
In the state house, the White House, main street or the front page, Arkansas Trucking Association is engaged in the conversation on a myriad of issues impacting the trucking industry and advocating on behalf of members.
Here are some of the more recent issues ATA has played a role in the outcome:
- Passed the largest highway funding bill in state history. With industry support, Governor Hutchison’s 2019 highway bill will raise $300 million annually by increasing the fuel and diesel taxes, collecting taxes on revenues from Arkansas’ casinos and making a temporary half-cent sales tax a permanent source of funds to maintain and improve state infrastructure. The sales tax was approved of by Arkansas voters during the November 2020 election after a successful Vote for Roads campaign, led by trucking.
- Following the passage of the Infrastructure Investment and Jobs Act, ATA met with Congressional delegates to ensure that the allocated dollars in the Infrastructure Investment and Jobs Act go toward investments in real infrastructure, including truck parking projects. In 2022, Arkansas Department of Transportation broke ground and began expansion work on multiple truck parking facilities at the petitions of ATA.
- In 2016, served on the Governor’s Highway Working Group and the Good Roads Foundation to promote adequate funding and financing for the planning, development, construction and maintenance of Arkansas’ transportation network. After hearing the Working Group’s proposals, Governor Hutchinson called a special legislative session to address highway funding and later signed the Arkansas Highway Improvement Act of 2016, which dedicates nearly $50 million additional funds for state highways in the coming year and qualifies Arkansas to receive $200 million annually in federal funding, guaranteed by FAST Act.
- Successfully advocated for and helped secure voter approval in November 2024 of a Constitutional amendment allowing lottery proceeds to fund vocational and technical school scholarships
- Collaborated with Arkansas State Police to address a backlog of CDL candidates waiting to take the skills test. ATA, partnered with law enforcement, created a multi-prong approach to streamline the testing process. A temporary additional testing site provided overflow testing for 45 days, overtime was approved for CDL examiners, and additional examiner positions were sought to meet testing staff demands.
- Urged Arkansas members of Congress to co-sponsor the DRIVE Safe Act and support the DRIVE Safe pilot program in the IIJA to allow 3,000 commercial drivers ages 18-20 to cross state lines as they undergo 400 hours of training and mentorship.
- Established the Carl Tapp Technician Scholarship in 2017 to address the shortage of diesel technicians and support students pursuing a career in the industry. Since spring 2018, $97,500 has been awarded in scholarships to 13 students, allowing them to begin their education in diesel technology.
- Collaborated with Arkansas Department of Transportation and Drivewyze to launch free in-cab safety alerts for truck drivers across 800 miles of state highways, enhancing road safety through real-time traffic notifications
- Lobbied for the creation of the national drug and alcohol clearinghouse database that began operating in January 2020. ATA partnered with Rep. Rick Crawford (R-Ark.) in 2012 to persuade Congress of the need for carriers nationwide to be able to flag anyone who has tested positive on a drug test when applying for a job as a truck driver, thereby helping to keep drug abusers out of commercial trucks and off the nation’s highways.
- Lobbied for legislation that would encourage carriers to adopt safety technologies for both employee drivers and independent contractors without endangering the independent status of owner-operators. In March 2019, Act 782 passed with ATA support, allowing carriers to pursue the safest policies, equipment, and technology for their entire fleets, regardless of driver classification.
- Added two driving simulators to the Share the Road program that visits schools and community events around the state in spring 2018. The simulator purchased with funds awarded by the Arkansas Commercial Truck Safety and Education Program adds a hands-on element to the safety initiative and allows drivers of all ages to get behind the wheel of a virtual vehicle to learn how to share the road safely with big trucks.
- Challenged constitutionality of Arkansas statute prohibiting information about seat belt use in civil lawsuits over vehicle crashes, and in spring of 2016, celebrated the Arkansas Supreme Court’s decision in favor of ATA and striking down the statute and creating added incentives for motorists to buckle up.
- Appointed to Kodiak Robotics’ inaugural Industry Advisory Council in March 2024 to help shape autonomous truck development and deployment strategies through industry leadership
- Appointed to Governor Asa Hutchinson’s Council on Future Mobility to examine what challenges and opportunities exist for bringing new transportation ideas and assess the ways in which public policy does or does not support growth for new technologies.
- Supported the use of electronic logging devices since 1999 advocating that mandated use would increase highway safety, improve industry efficiencies and build public support for the industry. The association’s efforts led to the FMCSA’s Final Rule on Electronic Logging Devices, which was published at the end of 2015.
- Successfully lobbied for state legislation that expanded the exploration of truck platooning technology in the state by eliminating the statutory requirement for an operator in the second vehicle.
- Supported Gov. Sarah Sanders’ 2024 Special Session tax reforms, lowering the top individual tax rate to 3.9% from 4.4% and the top corporate income tax rate to 4.3% from 4.8%
- In 2022, ATA supported the successful lawsuit against Rhode Island and its discriminatory truck-only tolling scheme, Rhodeworks. ATA helped fund the case to stop Rhode Island’s toll plan and prevent other states from similarly targeting the trucking industry. District Judge William Smith ruled that Rhodeworks violates the U.S. Constitution’s commerce clause and enjoined the state from collecting tolls.
- Successfully lobbied for changes in state law to IRS Section 179 depreciation, increasing the state’s cap from $25,000 to match the federal cap of just over $1 million. Enabling small businesses to immediately deduct expenses related to investments in equipment and building improvements and save thousands of tax dollars.
- Led the successful legislative efforts to provide protection for employers against minimum wage/overtime litigation. In Spring 2021, ATA educated lawmakers on the need to clarify which activities are compensable for drivers. The language now excludes traveling to/from personal residence, time logged as off-duty or sleeper berth, and personal activities from compensable time.
- Lobbied for the SALT tax pass through that passed the Legislature in 2021. The law allows pass-through businesses to elect to pay state and local taxes on their income at the entity level. This prevents double taxation for some business owners and allows the full benefit of tax credits on their federal returns.
- In spring of 2015, helped Arkansas become the 42nd state to pass anti-indemnification, making it illegal for shippers in Arkansas to require carriers to indemnify them as a condition for doing business.
- Passed legislation defining owner operators as independent contractors and allowing them to obtain workers’ compensation insurance from motor carriers to which they are leased without jeopardizing their independent status, striking the best balance between industry and owner operator interests.