I recently received a call from a reporter investigating a story about U-Haul’s U-Box Load Share Program. He wanted my opinion on the program from a regulatory perspective. I told him that while I wasn’t a transportation attorney, I would be happy to share my layman’s perspective, but I also felt it was critical to look at the program from a public safety perspective. Just in case you are not familiar with this misguided initiative, it allows U-Haul truck rental customers to attach and tow storage containers (U-Boxes) to destinations along their routes. In exchange, participants, customers who are not professional drivers, receive a discount on their truck rental rate.
We’ve all seen the Memes and even a Simpsons short video related to U-Haul’s slogan, “America’s Moving Adventure.” They illustrate the mayhem that can ensue when unprepared individuals operate trucks outside their skill set. The reality is not really funny, as members of the trucking industry, we are well aware that the mere possession of a class C license does not a truck driver make. Yet anyone with a regular driver’s license can walk into any straight truck rental facility and drive off with a truck with a rating up to 26,000 lbs. GVWR. Not great from a public safety perspective, now let’s add a trailer to the mix and the complications that can come. It is easy for even the most casual observer to understand that an even more serious public danger has now been created.
My position is that because U-Haul drivers in this program are compensated for hauling a container for another person, in the form of a discount, they are subject to the rules and regulations of commercial transportation, which activates a host of FMCSA requirements for commercial vehicles engaging in interstate commerce. A commercial driver is defined by the Federal Motor Carrier Safety Administration (FMCSA) as someone who operates a commercial motor vehicle (CMV) in commerce, subject to federal safety regulations. The Key FMCSA Actions that Define a Commercial HHG Driver:
• Driving vehicles over 10,001 lbs. GVWR or GCWR
• Obtaining and maintaining a valid CDL
• Passing required medical, knowledge, and skills tests
• Complying with hours of service, drug/alcohol testing, and safety regulations
• Reporting convictions and maintaining a single license
While it is unlikely that the program will stop without litigation and serious financial loss, I am afraid that is what the future holds. I am not afraid because of the financial loss to U-Haul and any others that attempt this initiative, but for those of us on the public highway who can and will be put at physical risk by this ill-advised venture.