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APRIL/MAY | TCA 2018<br />

Legislative Update<br />

Parking Safely<br />

By Lyndon Finney<br />

he story is sad, but it probably bears repeating given<br />

the importance of the nature of this article.<br />

Jason Rivenburg, a part-time trucker for VanderVeen<br />

Trucking in Delanson, New York, was hauling organic<br />

milk in March 2009.<br />

His 11-hour clock was about to end, but he couldn’t<br />

find a parking place at a well-lighted truck stop or<br />

rest stop with truck parking facilities, so he pulled into<br />

an abandoned gas station in Calhoun County, South<br />

Carolina.<br />

There on the night of March 5, Jason was murdered<br />

for the $7 he had in his pocket by Willie Pelzer, who<br />

authorities say stalked and then ambushed Rivenburg.<br />

Prosecutors said Pelzer was looking for money to buy<br />

drugs.<br />

Despite the horrific nature of the crime, the case<br />

didn’t gain much attention in the public or trade<br />

media until Riverburg’s wife Hope caught the ear of<br />

two Congressmen from New York — Rep. Paul Tanko,<br />

D-N.Y, and Sen. Charles Schumer, D-N.Y, who — about<br />

two months after the crime — introduced companion<br />

bills in the House and Senate directing the Secretary<br />

of Transportation to: (1) implement a pilot program<br />

to allocate funds to states, metropolitan planning<br />

organizations, and local governments that submit an<br />

application approved by the secretary for eligible projects<br />

to establish long-term parking facilities for commercial<br />

motor vehicles (trucks) on the National Highway System;<br />

and (2) give priority to applicants that demonstrate a<br />

severe shortage of truck parking capacity and whose<br />

proposed projects are likely to have positive effects on<br />

highway safety, traffic congestion, or air quality.<br />

Neither the House nor the Senate ever voted on the<br />

bill.<br />

There was never an explanation why.<br />

Perhaps it was a lack of knowledge on the part<br />

of lawmakers in both the Senate and House on the<br />

seriousness of a truck parking shortage.<br />

Maybe it was because Tanko and Schumer failed to<br />

find a measure on which to attach their bill because it<br />

is well known that many important pieces of legislation<br />

are not strong enough to go it alone and are attached to<br />

the coattails of a sure-fire bill such as an appropriations<br />

measure.<br />

Tanko and Schumer introduced Jason’s Law again in<br />

2011 and this time they attached Jason’s Law to the<br />

long-awaited transportation bill, which came to be known<br />

as MAP-21, an acronym for Moving Ahead for Progress in<br />

the 21st Century Act.<br />

“It is the sense of Congress that it is a national<br />

priority to address projects under this section for the<br />

shortage of long-term parking for commercial motor<br />

vehicles on the National Highway System to improve<br />

the safety of motorized and nonmotorized users and for<br />

commercial motor vehicle operators,” the bill reads.<br />

“Jason’s Law” created a pilot program that would<br />

make $120 million available in the form of grants ($20<br />

million per year) for local governments and private<br />

companies to address the shortage of parking for<br />

commercial vehicles on the National Highway System.<br />

As a result of the passage of Jason’s Law, the<br />

Federal Highway Administration (FHWA) issued its<br />

congressionally mandated survey (Jason’s Law Parking<br />

Survey Results and Comparative Analysis), which bluntly<br />

showed truck parking to be a serious problem in the<br />

United States.<br />

The U.S. Department of Transportation and several<br />

stakeholder organizations then established the<br />

National Coalition of Truck Parking whose membership<br />

includes the FHWA, the Federal Motor Carrier Safety<br />

Administration, DOT’s Maritime Administration,<br />

the American Association of State Highway and<br />

Transportation Officials (AASHTO), the American<br />

Trucking Associations, the Commercial Vehicle Safety<br />

Alliance (CVSA), NATSO (which represents American’s<br />

travel plazas and truck stops), and the Owner-Operator<br />

Independent Drivers Association.<br />

6 Truckload Authority | www.Truckload.org TCA 2018

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