Savannah sees record containers amid tariff frenzy

The biggest U.S. ports continue to benefit from the chaos in global trade.

The Port of Savannah saw its most successful April on record for container trade, moving 515,500 twenty-foot equivalent units, up 17%, or 74,500 TEUs, compared to April 2024.

It was the third consecutive monthly container record for Savannah following impressive performances in February, 480,000 TEUs, and March, 534,000 TEUs.

For the current fiscal year to date (July 2024-April 2025), the port has handled 4.8 million TEUs, reflecting an 11% growth of 483,000 TEUs over the same period the previous fiscal year.

In a release, Georgia Ports Authority President and Chief Executive Griff Lynch said it was “business as usual” during accelerated frontloading by shippers. He said the tariff situation “will settle down,” and that the agency is already seeing an uptick in business in the coming months.

Strong rail performance indicates shifting trade patterns

The Mason Mega Rail facility handled over 50,000 rail lifts in April, an 8% year-on-year increase of approximately 3,700 lifts compared to April 2024. This growth indicates that cargo is being diverted back to the U.S. East Coast and Gulf routes.

Meanwhile, the Appalachian Regional Port in Murray County, Georgia, set its own record with 4,241 lifts in April, a significant 49% increase of 1,400 additional lifts over the previous year.

New infrastructure developments enhance efficiency

During the GPA’s monthly board meeting, Lynch announced that a new U.S. Customs and Border Protection inspection warehouse will become operational at Garden City Terminal in July 2025. This $44.5 million facility will more than double the agency’s previous space to 300,000 square feet. The warehouse will feature refrigerated container plug-ins and an indoor refrigerated section designed for inspecting agricultural imports.

Lynch emphasized that the on-terminal location provides significant advantages to customers, eliminating the need to move containers off-port for inspection.

Ro/ro expansion approved

The GPA board has approved the construction of a fourth berth for roll-on/roll-off cargo at the Port of Brunswick’s Colonels Island Terminal. The $99.8 million project will begin construction in mid-2025 with an expected completion date in 2027.

“As we expand our south side yard capabilities, we are matching our berth 4 capabilities to create a seamless interface from berth to yard for customers,” Lynch said.

The agency on May 2 completed construction of a new railyard on the south side of Colonels Island, effectively doubling the port’s rail capacity for inland connectivity. Notably, more than 90% of vehicles moving by rail at the Port of Brunswick are U.S.-made exports.

Brunswick handled nearly 63,000 ro/ro units in April, showing a 22% decline y/y. That followed an exceptional March performance when ro-ro increased 18% to 91,360 units y/y as manufacturers rushed orders to Brunswick.

Colonels Island Terminal has processed approximately 724,000 units of autos and heavy equipment in fiscal year 2025 to date, up 2% y/y.

Brunswick solidified its position as the nation’s busiest ro-ro terminal for autos and heavy equipment in 2024, handling more than 900,000 units. The GPA recently completed $262 million in capacity expansions there.

Find more articles by Stuart Chirls here.

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Activist investor pushes Forward Air to execute ‘value-maximizing sale’

A white Forward Air truck pulling a Forward Air trailer at an air cargo facility

Ancora Holdings Group provided a detailed presentation late Tuesday outlining why Forward Air shareholders should vote out “three unfit legacy directors” it blames for the company’s “disastrous acquisition of Omni Logistics” and “efforts to stall the company’s current sale process.”

The activist investor first penned a letter to shareholders two weeks ago calling for the removal of Chairman George Mayes and directors Javier Polit and Laurie Tucker. It said the three will be forced to resign it they don’t garner 50.1% of the vote at the June 11 annual meeting.

Shares of Greeneville, Tennessee-based Forward Air (NASDAQ: FWRD) closed Tuesday at just $18.04, a far cry from the $110 closing price the stock held prior to the August 2023 merger announcement with Omni.

Forward Air significantly underperforms initial deal targets

The Omni acquisition was structured through a series of transactions to preclude a vote by shareholders as required by Tennessee law. It was funded with $1.85 billion of debt and gave Omni’s private equity backers control over a 38% voting bloc and four board seats. (Some shareholders have taken issue with the entrenchment nature of the deal, as the voting bloc is required to vote in favor of board-chosen directors at elections.)

Forward closed the 2025 first quarter at a 5.3 times net debt leverage ratio, an improvement from 5.5 times at the end of the year but significantly higher than the sub-2 times projected for 2025 when the deal was announced.

On a combined basis, Forward and Omni had pro forma earnings before interest, taxes, depreciation and amortization of $593 million (inclusive of $125 million in expected deal synergies) for the 12-month period ended June 30, 2023 – the last period prior to the 2023 deal announcement. (Forward closed the first quarter with last-12-months’ adjusted EBITDA of just $313 million.)

The underperformance required the company to modify its credit agreement earlier this year to avoid breaching a debt covenant of 4.5 times leverage set for later this year.

“Each of the targeted directors was on the Board in August 2023 when it decided to pursue the Omni Logistics LLC (‘Omni’) acquisition and bears responsibility for the disastrous deal, which was criticized by shareholders and independent onlookers because it burdened the Company with substantial debt, presented operational and integration challenges, and strained customer relations,” the Ancora presentation said.

“We believe Forward Air has limited opportunity as a standalone public company – with its level of debt, remaining independent will likely mean additional dilution for the Company’s equity holders.”

Ancora says board now focused on self-preservation

Ancora said Forward’s board has been “slow-walking” a strategic review that was announced at the beginning of the year despite months of pressure from investors to explore selling the company or consider other options.

“Since reactively announcing a strategic alternatives process five months ago to avoid another proxy contest, the Board appears to have made little progress toward achieving a sale, the presentation said. “Our diligence indicates that non-disclosure agreements have only recently been distributed to interested parties – a necessary first step – despite the fact that Forward Air has had multiple private equity firms in its shareholder base over the last year.”

Ancora also accused Forward’s board of further entrenchment maneuvers by changing its stance on Tennessee M&A law governing engagement with “interested shareholders,” or those holding 10% or more of the voting power.

“After choosing to opt out of the Tennessee Business Combination Act for years, the Board suddenly chose not to opt out in 2024 – just a week after a private equity firm [Clearlake Capital Group] reported a 13.8% stake in Forward Air – without disclosing why.”

Forward is currently precluded under Tennessee law from engaging with interested shareholders for a five-year period.

However, Forward has asked shareholders to approve a reincorporation in Delaware to make it easier to sell the company. (Delaware has similar restrictions for interested shareholders, but the ownership threshold is 15%.)

Ancora said the move is simply an effort to “paper over the Board’s past actions” and that “the board has not disclosed why it determined not to opt out of the Tennessee Business Combination Act, after consistently opting out in previous years.”

“If truly necessary, the belated Delaware reincorporation plan is further evidence that the Board continues to be two steps behind and is not working proactively to maximize value for shareholders,” Ancora said. “These directors only take action when their backs are against the wall.”

Ancora also said the company isn’t improving governance practices as part of the move to Delaware, pointing to the board’s restriction on shareholder actions without unanimous written consent and a new clause that narrows the window for calling special meetings.

Changes at Forward not enough to appease investors

Forward has made moves following the January 2024 closing of the Omni acquisition. It replaced the deal’s architect and former CEO Tom Schmitt, among other C-suite changes.

The 12-person board has also seen turnover. Forward CEO Shawn Stewart is the only employee on the board. The remaining seats are held by independent directors. Seven of those were appointed after the merger, three of whom were designated by Omni. Other board members have either resigned or decided not to stand for reelection. (A recent proxy filing from Forward calls for the board to be reset at 11 members.)

Stewart joined Forward a year ago, after the company was forced to close on the deal. He previously served as a unit head at Ceva Logistics and has added former colleagues to Forward’s roster. The new leadership group, however, hasn’t formally communicated a go-to-market strategy.

In addition to net debt leverage stepping slightly lower in the first quarter, the company’s liquidity position improved modestly.

The company has worked to improve the freight mix at its legacy expedited less-than-truckload unit. Corrective pricing actions wrapped up in early February, and the business is focused on winning heavier shipments, which often carry better margins.

Forward reported a 10.4% adjusted EBITDA margin in the unit in the first quarter, which was 380 basis points better sequentially and outperformed normal seasonal trends.

Ancora called out the unit’s declining EBITDA and depressed margins since the deal was announced. On a trailing 12-month basis, EBITDA has nearly been cut in half to $106 million and the EBITDA margin is off roughly 400 bps to 9.7%.

What’s Forward Air worth?

Ancora pointed to several opportunities for the legacy intermediary to freight forwarders and cargo airlines. It said the company now has direct access to sell to shippers and should be able to better leverage its more than 250 terminals and 40 bonded warehouses.

It also estimates that the company’s yields are 32% below market despite offering an expedited, premium service. That in part explains the falloff in its expedited LTL operating ratio (inverse of operating margin), which was 93.9% last year (93.7% in the first quarter). It said “the right leadership team with the right strategy” could move ORs back to the low 80s like they were in 2011 to 2013.

“By utilizing the Company’s network, leveraging new shipping partners, effectively pricing its premium offerings and densifying the network on a recapitalized balance sheet, potential suitors have an opportunity to [generate] more than 2.5x operating income [growth] at modest assumed [revenue] growth rates and historical operating ratio levels.”

Ancora provided takeout scenarios ranging from 31% to 148% upside to Forward’s recent share price based on EBITDA multiples ranging from nine times to 12 times, respectively. 

“We have continued to share our view with the Board and management that the best risk-adjusted outcome for all shareholders is a sale of the Company,” Ancora said. “But Forward Air appears to be running down the clock, reducing the chance of achieving a value-maximizing sale – and increasing the risk of further value destruction should a sale not materialize.”

This isn’t Ancora’s first activist interest in Forward Air. In 2021, it was successful with a plan to improve freight mix, redirect capital allocation and change the board’s composition.

Ancora currently holds a 4% stake in Forward Air.

“The Board and management team are entirely focused on taking deliberate actions to maximize shareholder value,” a spokesperson with Forward Air told FreightWaves. “The Board is actively engaged in leading the strategic review process, which, as we noted, is underway, and the continued oversight of our transformation strategy. We firmly believe that all of our directors are vital to these efforts.”

More FreightWaves articles by Todd Maiden:

Werner suspends 401(k) match for employees to cut costs

Truckload carrier Werner Enterprises, coming off a first quarter in which it posted an operating loss, has suspended its 401(k) matching program for employees.

A Werner (NASDAQ: WERN) spokeswoman confirmed the validity of a screenshot circulating online that announced the suspension of the matching program. She added that the suspension is considered “temporary.”

“As part of our previously communicated $40 million cost savings initiative for 2025, Werner is taking intentional steps to streamline operations and position the company for long-term growth,” the company said in a statement released to FreightWaves in response to a request for comment. “This includes difficult but necessary organizational changes. We remain committed to supporting our people through this transition and maintaining operational strength for our customers.”

The $40 million cost savings announced with the release of the first-quarter earnings was an increase from $25 million disclosed in late February in conjunction with fourth-quarter 2024 earnings.

Werner’s stock is down 26.9% in the past 52 weeks.

The screenshot is not a complete reproduction of the note from Werner executive David Marthaler that was circulated to employees last week.

“After careful consideration, Werner has made the difficult decision to temporarily suspend the discretionary matching contribution offered for the 2025 plan year,” the statement from Marthaler said. The change is effective immediately, he added.

The notice also said the company expects to reinstate the matching payment “in the future.” The screenshot tails off after the note says Werner expects to reinstate the benefit “when there is a significant improvement,” presumably in the company’s finances.

Werner posted what is believed to be its first quarterly operating loss in the first quarter, though there are reports it had posted earlier operating losses many years ago. 

Its net income was also negative. Werner lost 12 cents per share, when the consensus estimate was that it would make 24 cents per share, according to SeekingAlpha. Total revenue for the quarter of $712.1 million fell short of the consensus estimate by about $27 million, SeekingAlpha said.

The operating loss was $5.8 million, compared to an operating income a year earlier of $15.6 million.

Werner’s guidance is somewhat nontraditional in that the company does not forecast earnings. 

But there were a few parts of its latest forecast, released with the earnings, that reflected its view that the current weak market was not on the verge of turning around.

For example, Werner forecast that its revenue per total mile in its One-Way Truckload segment would grow 0% to 3% this year. Its forecast issued when its fourth-quarter earnings were released was for a 1% to 4% growth rate.

In its Dedicated segment, revenue per truck per week was estimated to grow 0% to 3% for the year. That estimate did not change amid other shifts in its forecast. 

More articles by John Kingston

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Advisory team will drive overhaul of US railroad regulator

There’s a new advisory crew at the federal Surface Transportation Board, which oversees the business of freight railroading.

Sharon Clark, Rob Reilly and Chris Bertram have joined the agency as senior advisers, temporary positions designed to help drive Chairman Patrick Fuchs’ reform agenda within the agency, a release stated.

“Sharon, Rob, and Chris bring extensive experience, immense knowledge, and invaluable perspectives that will greatly benefit the Board’s reform efforts,” Fuchs said in the release. “I am grateful that these accomplished and distinguished executives will help the Board become more efficient and effective for all stakeholders.”

Clark most recently served as senior vice president with responsibility for transportation, compliance and regulatory affairs at Perdue AgriBusiness LLC. She served on the National Grain & Feed Association’s Foundation, Executive Committee and board of directors, and chaired the NGFA Arbitration Appeals Panel from 2017-2023 and was a member of the NGFA Rail Arbitration Committee from 1999-2022. Clark also worked with the STB as a member of the Railroad-Shipper Transportation Advisory Council and National Grain Car Council.

Reilly most recently served as executive vice president and chief operating officer at Canadian National Railway (NYSE: CNI). He began his railroad career in 1989 at the Atchison, Topeka and Santa Fe Railway, now BNSF, rising to vice president of operations for the Southern Transcon route connecting Los Angeles and Chicago. Reilly also served as chairman of the Belt Railway of Chicago, the largest U.S. switching terminal railroad co-owned by the six Class I railroads.

A partner at political consultant B&S Strategies, Bertram served as the staff director for the Committee on Transportation and Infrastructure in the U.S. House of Representatives from 2012-2016. During his tenure, the committee’s legislative accomplishments included enactment of the $305 billion, five-year Fixing America’s Surface Transportation (FAST) Act; reauthorization of the Surface Transportation Board and Amtrak; and enactment of the Water Resources Reform and Development Act covering ports and waterways infrastructure.

As chief financial officer for the U.S. Department of Transportation from 2009-2012, Bertram oversaw the agency’s $70 billion budget. He has also held positions with the Senate Committee on Commerce, Science and Transportation and the Office of Management and Budget in the Executive Office of the President.

The trio will work closely with Fuchs to provide strategic counsel and support initiatives aimed at improving the agency’s operations. Their primary focus areas will include streamlining processes, improving collaboration and transparency, and ensuring a more efficient and effective regulatory environment for the nation’s surface transportation network.

Subscribe to FreightWaves’ Rail e-newsletter and get the latest insights on rail freight right in your inbox.

Find more articles by Stuart Chirls here.

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Small businesses at risk as Canada Post workers prepare to strike

A Canada Post driver lifts a hand truck out of mail delivery vehicle on a city street.

Shippers and residents in Canada are bracing for another strike by postal workers scheduled for Friday, which would stop mail and parcel delivery during a period of economic uncertainty marked by tariff disputes with the United States.

The Canadian Union of Postal Workers (CUPW) has announced 55,000 workers intend to walk off the job Friday after 17 months of negotiations with Canada Post failed to produce a new labor contract. The step was taken in part, it said, because the employer indicated it may unilaterally change work conditions and suspend employee benefits.

Mail carriers represented by the union were on strike for nearly five weeks late last year, during which time mail and parcels were not processed or delivered, and post offices were closed. The minister of labor intervened and ordered union members back to work on Dec. 17, with terms of the existing collective bargaining agreement extended until May 22, while a commission assessed the labor dispute and challenges facing Canada Post. 

Workers have been working under an expired contract since the end of 2023.

Canada Post said that in the event of a national disruption, mail and parcels will not be delivered and no new items will be accepted. If CUPW initiates rotating strike activity, Canada Post intends to continue delivering in unaffected areas.

Key issues in dispute include weekend delivery, pensions and wages. The CUPW is also demanding that facility cleaning staff and other contracted support services become permanent Canada Post employees. 

“Last year’s postal strike came at a brutal time, just ahead of the holiday season, and cost small companies over CA$1 billion [$716.5 million] in lost revenue and sales. More than three-quarters of small business owners rely on Canada Post services to do business,” the Canadian Federation of Independent Business said in a statement last week. “If no deal is reached between Canada Post and its union and strike action takes place, the impact on small business will be significant. We are at a critical time for the country with small businesses grappling with massive uncertainty created by trade tensions with the United States and China. Small business confidence in the economy is at a near historic low.

“We cannot afford another threat to our economic stability, and we can’t keep finding ourselves back in the same spot with an unreliable supply chain and an important service again not being available to small firms. Canada Post needs major reforms to its business model, and we need to find better ways to resolve major labour disputes,” the trade association said.

UPS recently added a surge fee for all shipments from the United States to Canada and informed customers that the commitment time for domestic and international deliveries has been increased by 90 minutes, effective Tuesday, because of increased volumes as shippers divert parcels to alternative carriers. The fees range from 49 cents to $1.25 per pound, depending on the service. Supply Chain Dive first reported the UPS charges. 

“We are proud to have provided outstanding service to the Canadian market during the last Canada Post strike in late 2024. We took on hundreds of thousands of new packages to help businesses in Canada deliver for their customers. While managing unprecedented volume levels, we maintained our own exceptional on time performance and we are ready to do it again now,” UPS Canada said on its website. “Our network is primed and ready for increased volume and to support the logistics needs of businesses and consumers in Canada and around the globe.”

FedEx says it also has contingency plans in place to mitigate potential service impacts from an expected increase in demand related to the planned strike, but there are no details so far. 

In addition to disrupting postal service (with the exception of government financial assistance checks), a strike would deepen Canada Post’s already serious financial problems.

Both sides say the other has refused to budge from original positions.

“CUPW came to the bargaining table prepared to negotiate. We presented meaningful proposals intended to benefit postal workers and strengthen the public post office for generations to come. The Union has been focussed on protecting full-time jobs as well as helping Canada Post meet its needs to expand into weekend parcel deliveries. But many of Canada Post’s demands remain more or less the same as they were prior to our strike, including numerous rollbacks,” the union said in a May 13 statement.

Rescue proposals

Canada Post says the union’s demands are preventing necessary operational modernization and would saddle the government-owned company with more than $2.2 billion in long-term fixed costs over four years when it is already in the red because of erosion in regular mail, competition from private carriers and rising operating costs. 

Mail volume has declined from 5.5 billion letters in 2006 to 2.2 billion in 2023. Canadian households received an average of seven letters per week in 2006, but by last year the figure was down to two. 

In 2024, Canada Post recorded its seventh consecutive annual loss. Since 2018, the company has lost more than $2.2 billion, forcing it to dip into cash reserves and accept $716.5 million in short-term government financing. 

The CUPW proposal calls for wage increases of 19% over four years, including a 9% increase in the first year, while Canada Post has countered with a wage hike of 11.5%, or 12% on a compounded basis. The union is also demanding 10 days of sick leave per year on top of the seven personal days already in the collective bargaining agreement. Canada Post is proposing 13 personal days that can be used for vacation or other paid time off.

Canada Post says it needs a flexible business model to compete in the new environment. That includes basing delivery routes on parcel volumes for each day; the ability to offer weekend, evening and next-day delivery services at affordable rates; and a lighter regulatory hand so it has more autonomy to adapt quickly to the growing e-commerce market.

It has proposed a weekend delivery model using a dedicated part-time workforce as well as dynamic routing, which would allow it to plan and optimize delivery routes based on volumes, delivery addresses and pickup. The union has refused to engage on the issue of dynamic routing, according to Canada Post.

The postal operator said it needs more flexible staffing options that would provide greater opportunity to have work performed at regular rates of pay through the creation of new part-time flex positions with guaranteed hours on weekdays. It also seeks the ability to match staffing levels to fluctuating mail and parcel volumes. 

On Friday, a report by an industrial review commission called Canada Post “effectively insolvent” and recommended major reforms that mostly sided with Canada Post. 

It said the national postal charter should be amended to lower delivery standards to realistic levels, urged the parties to allow for the flexible use of part-time employees and called on the Canadian government to end the moratorium on closing unprofitable rural post offices. Daily door-to-door letter mail delivery for individual addresses should be phased out in favor of community mailboxes, except for businesses.  

And the approval process for letter mail price increases needs to be simpler and faster, the commission said. 

“If implemented, these changes may return Canada Post to some degree of financial sustainability so it can continue the Universal Service Obligation – for both letter mail and parcels – but in a manner that reflects the 2025 realities of disappearing letter mail and a highly competitive parcel delivery environment. The world has changed, and both Canada Post and CUPW must evolve and adapt. Merely tinkering with the status quo is not an option,” wrote Commission Chairman William Kaplan, an arbitration and mediation expert.

The report said Canada Post’s financial situation is mostly attributed to the decline of letter mail caused by digital correspondence, the rise of parcel service by private sector competitors, and work rules under collectively bargained agreements that restrict management freedom, such as assigning existing employees additional work when they have finished their assigned tasks. 

“Canada Post’s share of the parcel business has also declined. The competition is ferocious. The recent labor dispute resulted in a further, measurable, and almost certain permanent desertion of long-standing customers who moved their business elsewhere and who have advised Canada Post that they are never coming back (especially absent long-term collective agreements and the certainty they provide against further labor disruptions, particularly in peak season),” the report said.

It placed most of the blame for the failed labor negotiations on the CUPW, saying union leadership is defending the status quo and seeking best-in class compensation, terms and conditions.

“In these circumstances, insisting – as CUPW does – that existing collective agreement provisions allow for necessary changes such as introduction of weekend parcel delivery and flex arrangements during the week is untrue and unproductive. At a minimum, existing provisions, … are so time consuming and have so many conditions, fetters, and guardrails, to make them manifestly unsuitable and, more importantly, unworkable in addressing current challenges,” Kaplan said in the report.

He also shot down the CUPW’s ideas for Canada Post to add business lines such as postal banking, checking in on seniors, establishing artisanal markets at post offices and transforming post offices into community social hubs, saying they are “unrealistic” or duplicate services already provided by others. “In my view, given the financial crisis, Canada Post must focus on saving its core business, not on providing new services,” Kaplan said. 

The postal union criticized the commission’s recommendations, saying they amount to service cuts, outsourcing and major rollbacks of provisions in earlier labor agreements. It worried the proposals would undermine job security for full-time workers.

“There is also no guarantee that if these changes are made, Canada Post will increase its parcel business. Canada Post’s proposals have not been fully costed, nor have we been provided with concrete actionable plans,” the CUPW said in a statement. “Any regulatory and service changes must be dealt with in a fully public mandate review. The report categorically rejected our ideas for service expansion as an immediate solution to Canada Post’s financial issue – despite the proven success at revenue generation for many major post offices around the world.”

The union said it has advocated for years to tie stamp pricing to the consumer price index coupled with input costs, adding that failure to do so is part of the reason Canada Post is effectively insolvent.

Shock therapy

Peter Shawn Taylor, senior features editor at C2C Journal, said in a Financial Post essay last week that Canada Post should be privatized so Canadians can get better service and avoid having to bail out the postal service. He called the union “always-unreasonable” in making maximalist demands. 

In February, he went into greater detail about how to prevent a postal system bankruptcy, calling for an end to residential delivery and for selling Canada Post to private investors.

“The secular collapse in Canada Post’s core business of delivering letter mail, exacerbated by an expensive and inflexible labour force and unrealistic service obligations is now producing a steady stream of unsustainable deficits. Unless decisive action is taken, the Crown Corporation risks becoming a permanent ward of the state, sucking up valuable taxpayer resources while providing services that ever-fewer Canadians want or are prepared to pay for,” he wrote in C2C Journal. “And the only realistic solution is an immediate and permanent change to the very concept of Canada Post. Given the experience in Europe and elsewhere, the surest ‘path to viability’ lies in letting the market take over. This means removing the obligations of the federal Postal Charter and harnessing the innovation and creativity of the private sector.”

Click here for more FreightWaves/American Shipper stories by Eric Kulisch.

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‘You’re Out’: FMCSA Cracks Down on English Proficiency Rules for CDL Drivers

If you’re running a fleet or managing drivers in 2025, you’d better speak up, literally. On Tuesday, the Federal Motor Carrier Safety Administration issued new guidance that officially reawakens enforcement of the English Language Proficiency (ELP) rule found in 49 CFR § 391.11(b)(2). This time, there’s real bite behind the bark: Starting June 25, drivers who can’t pass a new two-part ELP roadside test could be placed out of service on the spot.

This move follows Executive Order 14286 signed by President Donald Trump, titled “Enforcing Commonsense Rules of the Road for America’s Truck Drivers.” The order signals a broader push toward tightening up highway safety enforcement, and language comprehension is now squarely in the spotlight.

The 2-Part Test

According to the FMCSA, every roadside inspection must now begin in English. If a driver shows signs of struggling to understand instructions, the officer initiates a two-step ELP assessment:

  1. A verbal interview: No interpreters, no phone apps, no cue cards – just the driver and the officer speaking English. Drivers who cannot respond to official questions adequately fail.
  2. A highway sign recognition test: Drivers who pass the interview move on to identifying U.S. traffic signs, including dynamic message boards and MUTCD-standard signage.

Drivers who fail either test may be cited and placed out of service immediately. The Commercial Vehicle Safety Alliance has already added ELP violations to the North American Standard OOS Criteria, effective June 25.

Here’s the Rub

The public-facing policy memo is heavily redacted. The FMCSA hasn’t disclosed which interview questions or signs inspectors will use, leaving carriers scrambling to prepare. Without knowing the standards, enforcing the rule could quickly become inconsistent or biased, or even be challenged in court.

It’s also triggered a broader debate within the industry about fairness, discrimination and due process, especially as enforcement ramps up.

What About Deaf and Mute Drivers?

Here’s where the conversation gets real.

In a recent LinkedIn post, I shared my frustrations as someone who speaks fast and Southern and sometimes isn’t understood by Siri or Alexa. I’ve also trained deaf and mute drivers. Yes, they exist and can legally hold a CDL under 49 CFR § 391.41(b)(11) with an exemption.

“I know drivers who can’t write,” I recently posted on LinkedIn. “I know deaf and mute drivers. I’ve trained them. So, how do we reconcile a blanket English-speaking rule with a legal framework that already accommodates non-English-speaking CDL holders?”

That’s the dilemma. Under FMCSA’s guidance on CDL testing for hearing-impaired applicants, drivers who are deaf or hard of hearing may use alternative communication methods like sign language or written responses during licensing, but not at the roadside under this new enforcement memo.

So what happens when a deaf driver, legally licensed with a waiver, gets pulled over? How does that officer handle a driver who cannot speak but has already been certified under the law?

There’s a real concern that blanket policies could conflict with disability protections under the ADA or FMCSA’s waivers, putting fleets, officers and even the courts in tough legal territory.

What Fleets Must Do Now

Regardless of your stance, the enforcement is live, and fleets need a plan. Here’s where smart carriers start:

  • Update onboarding and qualification: Evaluate English comprehension as part of your road test, in-person interviews or orientation training. Document it.
  • Reassess current drivers: If you suspect someone may struggle with ELP under the new standard, now’s the time to coach or reevaluate roles.
  • Plan for accommodations: If you employ drivers with hearing impairments or waivers, work with legal counsel and document that these drivers meet FMCSA exemption standards. Educate your team on how to handle these edge cases at scale.
  • Invest in training tools: Use systems like Babbel, Duolingo, Jumpspeak, Rosetta Stone, Luma Brighter Learning, Smith System, National Safety Council or in-house driver coaching to reinforce English proficiency, road terminology and situational safety.
  • Stay up to date: The redacted memo leaves room for evolving policies. Bookmark the FMCSA ELD & Safety page and monitor updates to ELP enforcement criteria.

FMCSA’s revived ELP enforcement is aimed at safety, not punishment, but it risks casting too wide a net. There’s little doubt that drivers must understand signs and follow instructions on U.S. highways. But when policy lacks clarity, fairness becomes a moving target.

For fleets, the mandate is clear: Validate English ability at the point of hire, support it through training, and protect compliant drivers, especially those operating under federally approved waivers. If “speak English or park it” becomes the standard, we’d better know exactly what that means and who gets caught in the middle, because you can’t learn English overnight at the roadside.

Waabi CEO sees success in simulation, wants AV industry to disclose safety data

At Uber Freight’s recent Carrier Summit, Waabi CEO Raquel Urtasun laid out the autonomous trucking technology’s path toward deploying fully driverless trucks by the end of 2025.

Waabi is approaching this task by building for scale, safety and efficiency, she said. That marks a departure from expensive, slow-moving strategies that have dominated the autonomous vehicle space.

Urtasun knows something about conventional approaches that lead to suboptimal results. Her own journey into autonomous vehicles began in academia, driven by a passion for artificial intelligence. That passion translated into action when she began applying her AI expertise to self-driving systems. After leading Uber’s self-driving division as chief scientist, she founded Waabi in 2021 with the vision of building a new kind of autonomous driving company – one that prioritized simulation, AI-first development and real-world impact from the start.

“I worked on the traditional approach to autonomous driving for many, many years, and I experienced the pain points of needing more people, more dollars and more miles on the road to test the systems. It became obvious it was not scalable and not efficient,” Urtasun said during an interview at the April summit. “Waabi was about reinventing the way we approach autonomous technology by instead going for a simulation approach first.”

Waabi Driver, the AV driving system, and Waabi World, the company’s simulator, were Urtasun’s answer. Rather than rely on risky and costly real-world miles, Waabi uses a closed-loop simulator that creates digital twins of real-world environments to train its driver.

This virtual world lets millions of edge cases and stress scenarios be tested quickly and safely. In a striking example, Urtasun noted that the system handled rain flawlessly on its first over-the-road encounter, despite never having been trained on wet conditions.

This approach, combined with Waabi’s vertically integrated partnership with Volvo to embed its driver into factory-built autonomous trucks, sets the company apart. No retrofits, no patchwork, just fully integrated, AI-powered machines ready to roll.

Waabi’s ongoing collaboration with Uber Freight has also been a cornerstone of its strategy. Formed in 2023, the partnership aims to deploy billions of autonomous miles over the next decade, seamlessly integrating Waabi’s technology with Uber Freight’s digital logistics platform. As Urtasun explained, “From day one, Uber Freight brought what we needed — freight volume, infrastructure and a shared belief that autonomy will transform the industry.”

Unlike AV firms that rely on terminal-to-terminal models and handoffs, Waabi’s system aims to drive end-to-end delivery for carriers that use its technology. The Waabi-Uber Freight model is turnkey: Carriers can buy a Waabi-enabled truck, plug into Uber Freight’s network and immediately begin moving freight autonomously. It’s a bold attempt to flatten the curve of adoption and make AV accessible not just to megafleets but also small and midsize carriers.

But perhaps the most disruptive part of Waabi’s story is its transparent stance on safety. Urtasun criticized the industry’s black box culture, where safety metrics are often proprietary or opaque. In contrast, Waabi is offering regulators access to its simulator, potentially setting a new standard for how safety is measured and verified.

“AV players are not open at all about their safety, how they’re really making the decisions about launching versus not, and their safety cases are very boilerplate,” she explained. “Safety shouldn’t be proprietary. … Show me your evidence. As a scientist, I want to see the proof.”


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Georgia carrier disputes top creditors’ claims in bankruptcy filing

BMX Transport filed for Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the Northern District of Georgia on Tuesday.

According to the filing obtained by FreightWaves, the Gainesville, Georgia-based trucking company owes $1 million-$10million in liabilities to between 100 and 199 creditors. The company has $1 million-$10 million in estimated assets.

The two top creditors have claims disputed by BMX. One is a $250,000 unliquidated negligence claim from Rhona Michelle Crenshaw for a vehicle accident, and the other is a $246,194 reimbursement of property damage to Chicago-based law firm TBK Thompson Brody & Kaplan.

The third-largest claim, which is undisputed, is from Pawnee Leasing Corp. for $159,350.
BMX is also being sued in federal court for $141,392 by another creditor, Old Second National Bank, for allegedly defaulting on an equipment financing agreement.

According to SAFER data, BMX employs 52 drivers and operates 49 power units. The general freight carrier has been involved in five crashes over the past two years, two of which reported injuries.

FreightWaves reached out to BMX Transport for comment.

Fighting fraud requires a multi-layered approach

Freight fraud affects more than just finances. Falling victim to a scam or theft can damage vital business relationships and tarnish reputations. Between monetary losses and loss of trust, just one instance of fraud can cause a carrier to go out of business. 

That’s why Truckstop’s approach includes the most robust tools on the market to act as the first line of defense for carriers and brokers. 

During the May 8 episode of What the Truck?!?, host Timothy Dooner sat down with Truckstop’s senior director of customer success Taryn Daker to discuss the evolving tactics required to combat freight fraud and what Truckstop is doing to protect the trucking industry.

“Truckstop is always looking at ways to better help carriers and brokers,” Daker said. 

By focusing on high-quality carrier inbounds, Truckstop is streamlining the load booking process for both carriers and brokers. The company’s first-to-market Authority Age Filter increases quality inbounds from carriers who meet specific authority age requirements and ensures that loads can be seen by a wider pool of available qualified carriers.

“Many drivers will start the process of negotiating loads with a broker only to find out that they don’t have the correct authority to book a particular load,” Daker said. “Our Authority Age Filter skips that hurdle. We are always trying to make things easier for carriers and remove frustrating barriers while keeping broker processes secure,” she said. 

Daker described a video account wherein an owner-operator discusses being able to get business with only two months of holding an authority. According to Daker, many drivers and brokers are reporting success using the Authority Age Filter. 

When it comes to new tools and tactics for carriers and brokers, Daker says, it’s important to always keep in mind the various kinds of protection necessary to fight ever-increasing sophistication that scammers are utilizing. 

“The way I look at fraud is like an onion,” Daker said. “There are different layers and different tactics brokers should be using to protect themselves from various types of fraud.”

One of those tactics is Truckstop’s Risk Factors.

“This is the only vetting solution that leverages Truckstop’s comprehensive data and advanced intelligence,” Daker said. “It tells you what’s going on with a carrier’s history and what their risk behaviors are.”

Risk Factors can be installed as a Google Chrome extension, which makes it easily accessible, even during a phone call or ongoing negotiation. 

“Brokers are busy, and they juggle a lot of different screens,” Daker said. “The Risk Factors extension overlays right over your browser so if a carrier calls in, you can type in their MC or DOT number, and Truckstop intelligence will let you know if they’re high risk, medium risk, or low risk based on a variety of factors,” Daker said. 

If an email address associated with an account has been recently changed, for instance, Truckstop will take those details into account. “We analyze anything that can be an indicator that someone might not be who they say they are,” Daker said.

With advanced analytics, Truckstop can observe patterns, such as multiple addresses associated with a phone number or suspicious activity with other brokerages, which lets brokers isolate those risk factors to further assess the situation. 

In Truckstop’s Freight Fraud Blog, the company recently published some staggering statistics: in 2024, 65,000 freight thefts were reported, a 40% increase year over year. 

“We saw almost thirteen thousand suspicious account attempts in RMIS, which we successfully blocked,” Daker said. “On our load board, we had almost ten thousand imposters try to create accounts,” she said. 

Truckstop continues to enhance the layers of security and is always developing new ways to identify and stop criminals.

“The one number that really sticks out is that our in-house security team thoroughly investigated seventy thousand different entities in 2024,” Daker said. 

With advanced AI tools, the number of cyberattacks and scamming attempts have increased rapidly. Just as security teams keep developing more robust security, bad actors continue to develop more pernicious methods of attack. 

“Fraudsters are always look for gaps in your system that they can exploit,” Daker said. 

What, then, can carriers or brokers do to better protect themselves?

“One of the best layers of security you can use is working with a trusted partner who is also evolving in technology and tactics,” Daker said. “Even if you’re implementing the best tools, your partners and clients can be potential weak points that bad actors can use to get to you.”

In January 2025, Truckstop customers reported 45% less fraud compared to January 2024. 

“That decrease is due to different tactics that we’re bringing to market, not just any one thing,” Daker said. 

According to Daker, it’s vital for both carriers and brokers to be able to assess potential partners and how they’re evolving with the whole range of tools and tactics as they advance every day.

In 2024, Truckstop also implemented identity verification and multifactor authentication to better secure broker and carrier operations. 

“These kinds of security checks better protect our customers from various types of fraud, and we make an active effort to keep constantly implementing new tactics,” Daker said.

Click here to learn more about Truckstop.