OTA Dispatch Issue 2 2020

Issue 2 | 2020 www.ortrucking.org 9 various likely parties inquired among themselves who was to do what and when. The trucking industry waited for days as government officials attempted to sort out their respective roles. Does the Governor need to declare an emergency before ODOT acts? Is a federal emergency declaration sufficient? How is the declaration of emergency made? What authority does ODOT have and where does that authority reside? When such an emergency declaration is made, what specific regulations can be exempted? Can the list of appropriate exemptions be saved in something akin to a template, so the wheel need not be reinvented on each subsequent occasion? Were the exemptions offered sufficient, or was something overlooked? What could work better? It seemed as if there was a disconnect crated by the inability of any one entity to speak on behalf of all individual road authorities. Could work be done to codify a common denominator for size and weight exemptions that would be universally allowed throughout Oregon in the event of a future emergency of natural disaster? In this instance there was reluctance to state an objective upper bound on gross vehicle weight that could operate in Oregon while delivering essential supplies. States all around the country were publicizing the upper bounds of gross weights that would be allowed within their jurisdiction, and initially, Oregon responded in somewhat cryptic terms that failed to communicate the desired information to trucks attempting to enter the state. There appeared to be a lack of consensus between federal, state and local road authorities. Could command and control authority be conveyed now upon a single institution to avoid the need to negotiate upon the initiation of a next emergency? Similarly, as federal exemptions and allowances were articulated it seemed as if there was a disconnect between federal government state government agencies and third-party providers as was the case in the instance of CDL drive tests. Days passed before there was any certainty how the federal exemptions were to be implemented on the ground in Oregon. In an emergency, clear communication lines and understanding of individual roles is key. Surely lessons learned could be applied here to prevent this kind of confusion in a future instance. Similarly, it seems as if all of what we have experienced here with the attendant financial impact of a shuttered economy should shine a new light on the urgency to re-examine the curiously unique highway use tax applicable to trucking in Oregon which is out of step with the rest of America that finds a diesel fuel tax sufficient. When we are seeking help from foreign based motor carriers it seems inappropriate to expect them to stop and learn the peculiarities of an exclusively Oregon tax system. I realize there are cogent arguments for and against weight mile tax as a form of highway use taxation for heavy trucks. In reality, America has voted. Once there were 22 states that had a form of weight mile tax. Today there are 4 states that incorporate weight mile tax in their highway use tax policy and only one state— Oregon—that relies exclusively upon weight mile tax. Three states have a small weight mile tax component in addition to a fuel tax for trucks. Oregon is the only state in America that does not utilize a fuel tax for heavy trucks. Stubbornly clinging to this vestige of the past precludes the existence of a national uniform system of heavy truck taxation and requires interstate trucking to acquaint themselves with the unique archaic Oregon methodology. Uniformity has always been the hallmark of efficient interstate trucking regulation and that is explicitly why Congress saw fit to encourage the creation of the International Registration Plan (IRP) and the International Fuel Tax Agreement (IFTA). Bottom line, why should Oregon refuse to honor the trucking industry’s preferred payment mechanism (fuel tax) in consideration of the fact that the trucking industry is not asking for any discount in taxes paid? Traditional expressions of support for a weight mile tax that has been universally abandoned in America should yield to a clearly established national standard that has emerged. Taken altogether, these various pandemic ponderings should optimally give rise to an after action work group populated by industry experts and state and federal regulatory personnel to review all that has transpired in order to shine a light on the good, the bad and the ugly while preserving the former and eliminating the latter. The Oregon Trucking Associations supports such an endeavor and pledges to participate if given the opportunity to do so. Steel sharpens steel. When this emergency is behind us it would be profoundly inappropriate to not seize upon the opportunity to better organize our emergency response protocols. Further, if after having done so we also took steps to conduct bi-annual table top readiness drills and rehearse what we put into place, maybe on this occasion we will not so soon lose our newly rediscovered appreciation for the men and women who make trucking go when the public needs it the most. This practice would recognize that experienced practitioners retire or otherwise leave state employment and with their departure there is a related loss of experience. There should be a means to retain information and knowledge going forward. Maybe we can carry forward our societal appreciation for trucking and the good things it delivers and by so doing we can increase the desire a younger generation entering the workforce might have to replenish the ranks of a greying generation of retiring truck drivers who have grown accustomed to not being appreciated.