Request for Information: Drivers' Leasing Agreements for Commercial Motor Vehicles (CMVs), 12411-12413 [2024-03205]
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Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Notices
• Information gathered will not be
used for the purpose of substantially
informing influential policy decisions;
and
• Information gathered will yield
qualitative information; the collections
will not be designed or expected to
yield statistically reliable results or used
as though the results are generalizable to
the population of study.
Feedback collected under this generic
clearance provides useful information,
but it does not yield data that can be
generalized to the overall population.
This type of generic clearance for
qualitative information will not be used
for quantitative information collections
that are designed to yield reliably
actionable results, such as monitoring
trends over time or documenting
program performance. Such data uses
require more rigorous designs that
address: the target population to which
generalizations will be made, the
sampling frame, the sample design
(including stratification and clustering),
the precision requirements or power
calculations that justify the proposed
sample size, the expected response rate,
methods for assessing potential
nonresponse bias, the protocols for data
collection, and any testing procedures
that were or will be undertaken prior to
fielding the study. Depending on the
degree of influence the results are likely
to have, such collections may still be
eligible for submission for other generic
mechanisms that are designed to yield
quantitative results.
As a general matter, information
collections will not result in any new
system of records containing privacy
information and will not ask questions
of a sensitive nature, such as sexual
behavior and attitudes, religious beliefs,
and other matters that are commonly
considered private.
Title: Generic Clearance for the
Collection of Qualitative Feedback on
Agency Service Delivery.
OMB Control Number: 2126–0049.
Type of Request: Renewal of a
currently approved ICR.
Respondents: State and local agencies,
the general public and stakeholders,
original equipment manufacturers and
suppliers to the commercial motor
vehicle (CMV) industry, CMV fleet
owners, CMV owner-operators, State
CMV safety agencies, research
organizations and contractors, news
organizations, safety advocacy groups,
and other Federal agencies.
Estimated Number of Respondents:
9,270.
Estimated Time per Response: Range
from 5 to 30 minutes.
Expiration Date: August 31, 2024.
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17:24 Feb 15, 2024
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Frequency of Response: Generally, on
an annual basis.
Estimated Total Annual Burden:
2,233 hours.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information. The Agency will
summarize or include your comments in
the request for OMB’s clearance of this
ICR.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research
and Registration.
[FR Doc. 2024–03257 Filed 2–15–24; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2023–0143]
Request for Information: Drivers’
Leasing Agreements for Commercial
Motor Vehicles (CMVs)
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice; request for information.
AGENCY:
FMCSA requests information
from the public, including commercial
motor vehicle (CMV) drivers, to assist
the Agency’s Truck Leasing Task Force
(TLTF) in reviewing such leases to
identify terms and conditions that may
be unfair to drivers. The Infrastructure
Investment and Jobs Act, (IIJA), or
Bipartisan Infrastructure Law (BIL),
requires the Secretary of Transportation,
in consultation with the Secretary of
Labor, to establish TLTF to examine the
terms, conditions, and equitability of
common truck leasing arrangements,
particularly as they impact owneroperators and trucking businesses
subject to such agreements. TLTF will
examine these issues and submit a
report to the Secretary of
Transportation, the Secretary of Labor,
and Congress on the TLTF’s identified
issues and conclusions regarding truck
leasing arrangements, including
recommended best practices. Comments
submitted in response to this notice will
SUMMARY:
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12411
be shared with the TLTF prior to its
next public meeting.
DATES: Comments must be received on
or before March 18, 2024.
ADDRESSES: You may submit comments
identified by Docket Number FMCSA–
2023–0143 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/docket/
FMCSA-2023-0143/document. Follow
the online instructions for submitting
comments.
• Mail: Dockets Operations, U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: Dockets
Operations, U.S. Department of
Transportation, West Building, Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
• Fax: (202) 493–2251.
• Submissions Containing
Confidential Business Information (CBI):
Brian Dahlin, Chief, Regulatory
Evaluation Division, Federal Motor
Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC
20590.
To avoid duplication, please use only
one of these four methods. See the
‘‘Confidential Business Information’’
portion of the SUPPLEMENTARY
INFORMATION section for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT:
Shannon L. Watson, Senior Advisor to
the Associate Administrator for Policy
and Deputy Designated Federal Officer,
Truck Leasing Task Force (TLTF),
Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001; (202) 360–2925; TLTF@dot.gov. If
you have questions on viewing or
submitting material to the docket,
contact Dockets Operations, (202) 366–
9826.
SUPPLEMENTARY INFORMATION:
A. Submitting Comments
If you submit a comment, please
include the docket number for this
request for information (RFI) (FMCSA–
2023–0143), indicate the specific
section of this document to which your
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
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Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Notices
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov/docket/
FMCSA-2023-0143/document, click on
this RFI, click ‘‘Comment,’’ and type
your comment into the text box on the
following screen.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. FMCSA will consider
all comments and material received
during the comment period.
Confidential Business Information (CBI)
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments
responsive to the RFI contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, it is
important that you clearly designate the
submitted comments as CBI. Please
mark each page of your submission that
constitutes CBI as ‘‘PROPIN’’ to indicate
it contains proprietary information.
FMCSA will treat such marked
submissions as confidential under the
Freedom of Information Act, and they
will not be placed in the public docket
of the RFI. Submissions containing CBI
should be sent to Brian Dahlin, Chief,
Regulatory Analysis Division, Office of
Policy, Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001. Any comments FMCSA receives
not specifically designated as CBI will
be placed in the public docket.
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B. Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this RFI as
being available in the docket, go to
https://www.regulations.gov/docket/
FMCSA-2023-0143/document and
choose the document to review. To view
comments, click this RFI, and click
‘‘Browse Comments.’’ If you do not have
access to the internet, you may view the
docket online by visiting Dockets
Operations on the ground floor of the
DOT West Building, 1200 New Jersey
Avenue SE, Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
To be sure someone is there to help you,
please call (202) 366–9317 or (202) 366–
9826 before visiting Dockets Operations.
VerDate Sep<11>2014
17:24 Feb 15, 2024
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C. Privacy Act
DOT posts comments received,
including any personal information the
commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.transportation.gov/privacy. The
comments are posted without edit and
are searchable by the name of the
submitter.
I. Background
Congress established the TLTF as a
statutory committee under the authority
of section 23009 of the Infrastructure
Investment and Jobs Act (IIJA), Public
Law 117–58 (2021). The TLTF is a
Federal advisory committee established
in accordance with the provisions of the
Federal Advisory Committee Act, as
amended, 5 U.S.C. app. 2. TLTF is
tasked with examining and reviewing
the terms, conditions, and equitability
of common truck leasing arrangements,
particularly as they impact owneroperators and trucking businesses
subject to such agreements. Consistent
with the above statutory authority,
TLTF will also examine financing
arrangements among motor carriers,
entry-level drivers, driver training
providers, and other involved entities,
which may result in new drivers
entering the trucking workforce
encumbered by outsized debt and
inequitable terms for repayment and
will identify potential illegal practices
to law enforcement or regulators, as
appropriate. The Task Force will
provide advice and recommendations to
the Secretary of Transportation and
Secretary of Labor through the
Administrator of the Federal Motor
Carrier Safety Administration (FMCSA)
or their designee. For more information
about TLTF, please visit https://www.
fmcsa.dot.gov/tltf.
During the TLTF’s public meeting on
January 18, 2024, TLTF members
identified questions they would like to
ask CMV drivers who may have been
subject to inequitable or predatory
terms, as well as questions for drivers
who have had positive CMV leasing
experiences and what separated the
good from the bad experiences.
II. Request for Public Comments
FMCSA requests information from the
public about leasing arrangements they
have personally experienced or of
which they have knowledge. FMCSA is
particularly interested in hearing from
CMV drivers, lessors of CMVs, trucker
organizations, social services
organizations, consumer rights and
advocacy organizations, plaintiffs’
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attorneys, academics and researchers,
representatives of labor organizations,
and state and local government officials.
The list of questions provided below are
examples of the information the TLTF
would find helpful in completing its
work. Commenters are not required to
answer every question and commenters
should not view the list as a constraint
on sharing information with the Agency
and its TLTF.
In addition to providing the
information to the TLTF members, as
mentioned above, FMCSA will share the
information with the Consumer
Financial Protection Bureau (CFPB), a
U.S. government agency dedicated to
making sure consumers are treated fairly
by banks, lenders, and other financial
institutions. The DOT has named the
CFPB as a technical advisor to the
TLTF. Please note that because the
information is being submitted to a
public docket accessible to all interested
parties, individuals should redact
personally identifiable information (PII),
such as social security numbers, driver’s
license number, personal address, etc.
Lessees of CMVs
1. If you signed a lease-purchase
agreement for a CMV, could you provide
copies of leasing documents and copies
of documents for all other financial
products associated with your work as
a CMV lessee (i.e., training debt,
maintenance debt, earned wage access,
contact from debt collectors, etc.)?
2. What were the actual terms of the
lease (e.g., minimum weekly or monthly
payments and their structure, start and
completion dates, make/model/year of
the truck, depreciation and
amortization, mileage at the start and
conclusion of the lease, maintenance
responsibilities, etc.)? Was the leasepurchase agreement held by a carrier or
a third-party entity?
3. How was the lease-purchase
agreement marketed to you? What were
you told about the value of the truck
and what earnings and work conditions
you could expect? Were you evaluated
for likelihood of repayment, through a
credit or background check or some
other method? What options existed for
you to obtain the truck besides leasing
it? Did other drivers have a different set
of options? If so, why?
4. What did you understand, or not
understand, about the terms and
conditions to which you agreed? These
terms may include the history,
condition, and maintenance needs of
the truck you leased. Prior to signing
your lease-purchase agreement, did you
have time to read and understand the
leasing contract? Did you know the cost
of credit (e.g., interest rate or rent
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charge) before signing the lease
purchase agreement? Did you have a
clear picture of your responsibility in
the case of a major mechanical
breakdown of the CMV?
5. Were you able to negotiate the
terms? Were you provided any
information about other financing
alternatives? Did other drivers have a
different set of options and if so, why?
6. Were you informed of how the
motor carrier works with independent
contractors vs. company drivers and
lease-purchase drivers when business is
slow? Are you treated similarly or is
there a difference between the
assignment of loads, etc.?
7. Please elaborate on any additional
restrictions placed on your use of the
CMV or additional financial agreements
imposed outside of the written lease
agreement. Did they encompass takehome pay, driver access to loads, etc.?
8. Please elaborate on any additional
financial products associated with your
work as a CMV lessee (e.g., training
debt, maintenance debt, earned wage
access, contact from debt collectors,
etc.). For instance, if you took out
maintenance debt, were you required to
use the title of your CMV as security?
9. Were you able to successfully
complete the terms of your leasepurchase agreement? If you did not
complete your lease, why? How much
did you owe at the completion of your
lease? Were any charges assessed related
solely to your lease payment or were
there other charges, such as repayment
of a maintenance bill or loan? If there
were other charges, please explain.
10. If you owe a balance on your
lease-purchase agreement, are you being
contacted by the motor carrier, thirdparty debt collectors, or finance
companies? Are there processes,
policies, and procedures for taking and
handling disputes about the debt? Has
information about your debt been
furnished to credit reporting companies
or employment screening companies?
Have you been threatened with a
lawsuit to collect these debts? Do
collection efforts cease when a driver
files for bankruptcy or obtains
bankruptcy discharge?
11. How did your expectations about
the benefits of the lease compare to the
reality of working under that lease?
What have the effects of your leasepurchase agreement been on your
finances, employment experience,
professional mobility, workplace health
and safety, and family’s well-being?
Lessors of CMVs
1. If you are or were a lessor of CMVs,
what best practices do, or did you
implement or recommend to ensure that
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17:24 Feb 15, 2024
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all leases of CMVs you provide are fair
and just? Do you underwrite leases? If
so, how? How do you determine the
value of a CMV and the expected
depreciation? If your lessees are pleased
with the terms you provide, please
expound on those terms.
2. If you lease CMVs to drivers but do
not own the CMV (e.g., the CMV is
being financed by your company and
then you lease it to a driver), how do
you determine how much to charge the
driver under the lease agreement and
how do you ensure the driver can
ultimately own the vehicle if there is a
lease-purchase agreement?
3. Do you have any specific
agreements available to drayage drivers
at ports relating to the Clean Truck
Program or any similar program to
decrease emissions from port
operations? Do you have any data that
would show the impact of truck leasing
agreements on the net compensation of
CMV drivers, including port drayage
drivers?
Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024–03205 Filed 2–15–24; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2023–0172]
Agency Information Collection
Activities; Approval of a New
Information Collection Request: Impact
of Driver Detention Time on Safety and
Operations
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for
review and approval.
This notice invites comments on a
proposed information collection titled
Impact of Driver Detention Time on
Safety and Operations. This research
study will collect data on commercial
motor vehicle (CMV) driver detention
time representative of the major
segments of the motor carrier industry,
analyze that data to determine the
frequency and severity of detention
time, and assess the utility of existing
SUMMARY:
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12413
intelligent transportation systems (ITS)
solutions to measure detention time.
Approximately 80 carriers and 2,500
CMV drivers will provide data in the
study. The study will provide a better
understanding of the impact of driver
detention time on driver safety and
CMV operations and inform strategies
that may be used to mitigate driver
detention time. The number of public
comments received in response to the
60-day FR notice was 171.
DATES: Comments on this notice must be
received on or before March 18, 2024.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function.
Dan
Britton, Mathematical Statistician,
Office of Research and Registration,
DOT, FMCSA, 6th Floor, West Building,
1200 New Jersey Avenue SE,
Washington, DC 20590–0001; 202–366–
9980; dan.britton@dot.gov.
SUPPLEMENTARY INFORMATION:
Title: Impact of Driver Detention Time
on Safety and Operations.
OMB Control Number: 2126–00XX.
Type of Request: New ICR.
Respondents: CMV carriers and
drivers.
Estimated Number of Respondents: 80
CMV carriers and 2,500 CMV drivers.
Estimated Time per Response: 30
seconds (for drivers and CMV carrier
operation team).
Expiration Date: This is a new ICR.
Frequency of Response: Once per
delivery/pick-up.
Estimated Total Annual Burden:
7,869.17 hours.
FOR FURTHER INFORMATION CONTACT:
Background
‘‘Detention time’’ refers to the extra
time CMV operators wait at shipping
and receiving facilities due to delays not
associated with the loading and
unloading of cargo. Drivers are often not
paid for this extra time. Although there
is currently no standard definition of
detention time, the CMV industry, the
U.S. Government, and academic
researchers in the United States have
previously used dwell time—the total
amount of time spent at a facility—
exceeding 2 hours to define when
detention time occurs.
Detention time in the CMV industry is
a longstanding issue and consistently
ranks as one of the top problems for a
large portion of CMV operators on an
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]]>Agencies
[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Notices]
[Pages 12411-12413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03205]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0143]
Request for Information: Drivers' Leasing Agreements for
Commercial Motor Vehicles (CMVs)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice; request for information.
-----------------------------------------------------------------------
SUMMARY: FMCSA requests information from the public, including
commercial motor vehicle (CMV) drivers, to assist the Agency's Truck
Leasing Task Force (TLTF) in reviewing such leases to identify terms
and conditions that may be unfair to drivers. The Infrastructure
Investment and Jobs Act, (IIJA), or Bipartisan Infrastructure Law
(BIL), requires the Secretary of Transportation, in consultation with
the Secretary of Labor, to establish TLTF to examine the terms,
conditions, and equitability of common truck leasing arrangements,
particularly as they impact owner-operators and trucking businesses
subject to such agreements. TLTF will examine these issues and submit a
report to the Secretary of Transportation, the Secretary of Labor, and
Congress on the TLTF's identified issues and conclusions regarding
truck leasing arrangements, including recommended best practices.
Comments submitted in response to this notice will be shared with the
TLTF prior to its next public meeting.
DATES: Comments must be received on or before March 18, 2024.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2023-0143 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2023-0143/document. Follow the online
instructions for submitting comments.
Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, West Building, Ground Floor, Room W12-
140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
Submissions Containing Confidential Business Information
(CBI): Brian Dahlin, Chief, Regulatory Evaluation Division, Federal
Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590.
To avoid duplication, please use only one of these four methods.
See the ``Confidential Business Information'' portion of the
SUPPLEMENTARY INFORMATION section for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: Shannon L. Watson, Senior Advisor to
the Associate Administrator for Policy and Deputy Designated Federal
Officer, Truck Leasing Task Force (TLTF), Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001;
(202) 360-2925; [email protected]. If you have questions on viewing or
submitting material to the docket, contact Dockets Operations, (202)
366-9826.
SUPPLEMENTARY INFORMATION:
A. Submitting Comments
If you submit a comment, please include the docket number for this
request for information (RFI) (FMCSA-2023-0143), indicate the specific
section of this document to which your comment applies, and provide a
reason for each suggestion or recommendation. You may submit your
comments and material online or by fax, mail, or hand delivery, but
please use only one of these means. FMCSA recommends that you include
your name and a mailing address, an email address, or a phone
[[Page 12412]]
number in the body of your document so that FMCSA can contact you if
there are questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2023-0143/document, click on this RFI, click ``Comment,''
and type your comment into the text box on the following screen.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. FMCSA will consider all comments and
material received during the comment period.
Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the RFI contain commercial or financial
information that is customarily treated as private, that you actually
treat as private, it is important that you clearly designate the
submitted comments as CBI. Please mark each page of your submission
that constitutes CBI as ``PROPIN'' to indicate it contains proprietary
information. FMCSA will treat such marked submissions as confidential
under the Freedom of Information Act, and they will not be placed in
the public docket of the RFI. Submissions containing CBI should be sent
to Brian Dahlin, Chief, Regulatory Analysis Division, Office of Policy,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001. Any comments FMCSA receives not specifically
designated as CBI will be placed in the public docket.
B. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this RFI as
being available in the docket, go to https://www.regulations.gov/docket/FMCSA-2023-0143/document and choose the document to review. To
view comments, click this RFI, and click ``Browse Comments.'' If you do
not have access to the internet, you may view the docket online by
visiting Dockets Operations on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. To be
sure someone is there to help you, please call (202) 366-9317 or (202)
366-9826 before visiting Dockets Operations.
C. Privacy Act
DOT posts comments received, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy. The comments are posted without edit
and are searchable by the name of the submitter.
I. Background
Congress established the TLTF as a statutory committee under the
authority of section 23009 of the Infrastructure Investment and Jobs
Act (IIJA), Public Law 117-58 (2021). The TLTF is a Federal advisory
committee established in accordance with the provisions of the Federal
Advisory Committee Act, as amended, 5 U.S.C. app. 2. TLTF is tasked
with examining and reviewing the terms, conditions, and equitability of
common truck leasing arrangements, particularly as they impact owner-
operators and trucking businesses subject to such agreements.
Consistent with the above statutory authority, TLTF will also examine
financing arrangements among motor carriers, entry-level drivers,
driver training providers, and other involved entities, which may
result in new drivers entering the trucking workforce encumbered by
outsized debt and inequitable terms for repayment and will identify
potential illegal practices to law enforcement or regulators, as
appropriate. The Task Force will provide advice and recommendations to
the Secretary of Transportation and Secretary of Labor through the
Administrator of the Federal Motor Carrier Safety Administration
(FMCSA) or their designee. For more information about TLTF, please
visit https://www.fmcsa.dot.gov/tltf.
During the TLTF's public meeting on January 18, 2024, TLTF members
identified questions they would like to ask CMV drivers who may have
been subject to inequitable or predatory terms, as well as questions
for drivers who have had positive CMV leasing experiences and what
separated the good from the bad experiences.
II. Request for Public Comments
FMCSA requests information from the public about leasing
arrangements they have personally experienced or of which they have
knowledge. FMCSA is particularly interested in hearing from CMV
drivers, lessors of CMVs, trucker organizations, social services
organizations, consumer rights and advocacy organizations, plaintiffs'
attorneys, academics and researchers, representatives of labor
organizations, and state and local government officials. The list of
questions provided below are examples of the information the TLTF would
find helpful in completing its work. Commenters are not required to
answer every question and commenters should not view the list as a
constraint on sharing information with the Agency and its TLTF.
In addition to providing the information to the TLTF members, as
mentioned above, FMCSA will share the information with the Consumer
Financial Protection Bureau (CFPB), a U.S. government agency dedicated
to making sure consumers are treated fairly by banks, lenders, and
other financial institutions. The DOT has named the CFPB as a technical
advisor to the TLTF. Please note that because the information is being
submitted to a public docket accessible to all interested parties,
individuals should redact personally identifiable information (PII),
such as social security numbers, driver's license number, personal
address, etc.
Lessees of CMVs
1. If you signed a lease-purchase agreement for a CMV, could you
provide copies of leasing documents and copies of documents for all
other financial products associated with your work as a CMV lessee
(i.e., training debt, maintenance debt, earned wage access, contact
from debt collectors, etc.)?
2. What were the actual terms of the lease (e.g., minimum weekly or
monthly payments and their structure, start and completion dates, make/
model/year of the truck, depreciation and amortization, mileage at the
start and conclusion of the lease, maintenance responsibilities, etc.)?
Was the lease-purchase agreement held by a carrier or a third-party
entity?
3. How was the lease-purchase agreement marketed to you? What were
you told about the value of the truck and what earnings and work
conditions you could expect? Were you evaluated for likelihood of
repayment, through a credit or background check or some other method?
What options existed for you to obtain the truck besides leasing it?
Did other drivers have a different set of options? If so, why?
4. What did you understand, or not understand, about the terms and
conditions to which you agreed? These terms may include the history,
condition, and maintenance needs of the truck you leased. Prior to
signing your lease-purchase agreement, did you have time to read and
understand the leasing contract? Did you know the cost of credit (e.g.,
interest rate or rent
[[Page 12413]]
charge) before signing the lease purchase agreement? Did you have a
clear picture of your responsibility in the case of a major mechanical
breakdown of the CMV?
5. Were you able to negotiate the terms? Were you provided any
information about other financing alternatives? Did other drivers have
a different set of options and if so, why?
6. Were you informed of how the motor carrier works with
independent contractors vs. company drivers and lease-purchase drivers
when business is slow? Are you treated similarly or is there a
difference between the assignment of loads, etc.?
7. Please elaborate on any additional restrictions placed on your
use of the CMV or additional financial agreements imposed outside of
the written lease agreement. Did they encompass take-home pay, driver
access to loads, etc.?
8. Please elaborate on any additional financial products associated
with your work as a CMV lessee (e.g., training debt, maintenance debt,
earned wage access, contact from debt collectors, etc.). For instance,
if you took out maintenance debt, were you required to use the title of
your CMV as security?
9. Were you able to successfully complete the terms of your lease-
purchase agreement? If you did not complete your lease, why? How much
did you owe at the completion of your lease? Were any charges assessed
related solely to your lease payment or were there other charges, such
as repayment of a maintenance bill or loan? If there were other
charges, please explain.
10. If you owe a balance on your lease-purchase agreement, are you
being contacted by the motor carrier, third-party debt collectors, or
finance companies? Are there processes, policies, and procedures for
taking and handling disputes about the debt? Has information about your
debt been furnished to credit reporting companies or employment
screening companies? Have you been threatened with a lawsuit to collect
these debts? Do collection efforts cease when a driver files for
bankruptcy or obtains bankruptcy discharge?
11. How did your expectations about the benefits of the lease
compare to the reality of working under that lease? What have the
effects of your lease-purchase agreement been on your finances,
employment experience, professional mobility, workplace health and
safety, and family's well-being?
Lessors of CMVs
1. If you are or were a lessor of CMVs, what best practices do, or
did you implement or recommend to ensure that all leases of CMVs you
provide are fair and just? Do you underwrite leases? If so, how? How do
you determine the value of a CMV and the expected depreciation? If your
lessees are pleased with the terms you provide, please expound on those
terms.
2. If you lease CMVs to drivers but do not own the CMV (e.g., the
CMV is being financed by your company and then you lease it to a
driver), how do you determine how much to charge the driver under the
lease agreement and how do you ensure the driver can ultimately own the
vehicle if there is a lease-purchase agreement?
3. Do you have any specific agreements available to drayage drivers
at ports relating to the Clean Truck Program or any similar program to
decrease emissions from port operations? Do you have any data that
would show the impact of truck leasing agreements on the net
compensation of CMV drivers, including port drayage drivers?
Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-03205 Filed 2-15-24; 8:45 am]
BILLING CODE 4910-EX-P
