Part Two: Through-Bound Truck Prohibition

Solves Safety Problems

Given the number of fatalities involving large truck crashes on Route 41, there is no question that the road is ill-suited for tractor trailers. In fact, PennDOT considers the entire 20 miles of Route 41 as a high-volume large truck "crash corridor" — one of only five roads in the entire Commonwealth carrying this dubious distinction!

PennDOT and its supporters use the terrible crash statistics generated by the trucks it sought to attract, to justify building a new, 4-lane highway through southwestern Chester County:

The high volume of truck traffic, combined with local, commuter and recreational traffic, has precipitated safety and congestion problems along the entire corridor. PennDOT has clearly documented the safety problems principally related to truck traffic. The corridor exhibits a fatality rate substantially higher than roads of similar classification elsewhere in Pennsylvania. . . As a result of heavy truck demands on this corridor over 16 percent of all traffic incidents in the County involving hazardous materials occurred in this corridor in 1996. Rt. 41 represents about one half of one percent (.005) of the linear miles of roads In the County, while it is the site of 16% of the County's Hazardous Material traffic Incidents.. .

Through bound tractor trailers traveling on Route 41 are the primary reason for Chester County's high fatal truck crash numbers. According to the latest statistics from the U.S. Department of Transportation, despite its relatively small size, Chester County has the second-highest number of fatal truck crashes among all counties in the Commonwealth. With 19 fatalities involving trucks in 1999, Chester County had the same number of truck-related deaths as Philadelphia, Montgomery, Delaware, and Bucks Counties combined.

Solves Alleged Capacity Problems

Tractor trailers traveling on Route 41 severely reduce the road's capacity. Large trucks simply cannot maintain their speed on the hilly and narrow roadway.

"On a four-lane rural Interstate, PCEs for 80-foot long trucks can range from 2.6 to over 14, depending on the grade and weight-to-horsepower ratio." On two-lane highways PCEs can be even higher."

[Click here to see U.S. DOT, Comprehensive Truck Size and Weight Study, Volume I Summary Report (August 2000), p. 25.]

Trucks traveling on Route 41 have a high PCE, because this road is two-lanes, undivided, has hundreds of unrestricted access points, and already carries an extremely high volume of trucks. Standard highway capacity calculations indicate that five percent trucks in the peak-travel period lowers the ideal flow of a highway section, as measured in passenger cars per hour per lane, to 91 percent of its theoretical maximum. This value is the maximum flow possible if all vehicles in the traffic stream are passenger cars. With 50 percent trucks in the peak-period traffic stream, the maximum service flow of a highway section is half of its theoretical maximum.

[Click here to see Washington DOT, Benefits of Rail Freight Study (February 2001), Chap. 2.]

Because 16% of the daily traffic volume on Route 41 is comprised of tractor trailers, the functional capacity of Route 41 is only 75% of its current design capacity. Heavy trucks traveling on Route 41 have a PCE of somewhere between five and eight, perhaps more. Comprehensive Truck Size and Weight Study, Table 7, p. 26

Two-thirds of the overall large truck volume on Route 41, 1,419 tractor trailers per day, are making "through trips"; a trip that originates and is destined to locations outside the immediate area. [See DVRPC, PA 41 Corridor Analysis, Summary of Truck Survey Data, May 1999.] Multiplying a PCE of 5-8 to the 1,419 through-bound trucks, is equivalent to between 7,095 and 11,352 automobiles. Applying the concept of PCEs to the daily through-bound trucks on Route 41 shows that these trucks take-up the same amount of road space as between 7,095 and 11,352 automobiles.

In other words, tractor trailers and other large trucks that are using Route 41 as a toll-avoiding shortcut, take-up the road space of between 7,095 and 11,352 automobiles every day. Restricting these trucks to the Turnpike and larger roads built for truck traffic would solve any alleged capacity problems of Route 41.

Solves Infrastructure Problems

It is well known that the weight that heavy trucks carry causes more damage to the highways than automobiles. Pavement life is primarily a function of vehicle weight and size. According to the American Association of State Highway and Transportation Officials' (AASHTO), the passage of one 80,000 pound five-axle tractor-trailer has about the same impact on highway deterioration as 9,600 automobiles. Furthermore, the damage increases exponentially, as a 95,000-pound truck does two to three times the damage of an 80,000 pound truck.

The FHWA has studied the marginal cost of various types of vehicles on principal highways based on congestion, pavement, and safety effects. The study found that 80,000 pound trucks on urban interstates have a pavement cost of 40.0 cents per mile, a congestion cost of 20.06 cents per mile, and a crash cost of 1.15 cents per mile, compared to automobiles which have costs of 0.0, 0.78, and 0.98, respectively. FHWA, 1997 Federal Highway Cost Allocation Study.

Given these facts and the volume of tractor trailers traveling on Route 41 each day, it is easy to see why Route 41's infrastructure is deteriorated. Restricting tractor trailers will increase pavement life and reduce repair and maintenance costs, thus saving PennDOT and taxpayers untold millions of dollars over the life of the Route 41.

A Through-truck ban is practical, timely, legal and inexpensive

Both Federal and State regulations permit PennDOT to restrict truck access on Route 41. About half of the approximately 44,000 miles of state roads in Pennsylvania prohibit all tractor trailer trucks at all times.

In fact, the State currently prohibits tractor trailers (trucks 53 feet or longer) from 118 different highway segments in Pennsylvania, including 13 highway segments in Chester County alone. See PennDOT Publication 411, Pennsylvania National Truck Network. Thus, there is ample authority under both state and federal law to restrict from Route 41 tractor trailers originating from and destined for locations outside the region. Requiring tractor trailers to use the Turnpike, Routes 80 and 202 and the Blue Route is a legitimate alternative that PennDOT has arbitrarily failed to analyze.

Pennsylvania Law Authorizes a Truck Restriction on Route 41

State law provides PennDOT with ample authority to restrict large truck traffic on Route 41. Section 4902 of the Vehicle Code specifically permits PennDOT to impose a truck restriction where there are hazardous traffic conditions, as on Route 41, and to designate the Pennsylvania Turnpike as an alternate route:

The Commonwealth and local authorities with respect to highways and bridges under their jurisdictions may prohibit the operation of vehicles and may impose restrictions as to the weight or size of vehicles operated upon a highway or bridge whenever they determine that hazardous traffic conditions or other safety factors require such a prohibition or restriction. School buses, emergency vehicles and vehicles making local deliveries or pickups may be exempted from restrictions on the use of highways imposed under this subsection. . . In conjunction with the exercise of the powers set forth in subsections (a) and (b), the Commonwealth may designate alternate routes for vehicles in excess of specified weights or sizes. Such alternate routes may utilize portions of the Pennsylvania Turnpike.

Moreover, PennDOT's regulations specifically contemplate a truck restriction where either the road conditions (67 Pa. Code 201.81) or the traffic conditions (67 Pa. Code 201.82) are poorly suited for trucks. Restrictions may include, but are not limited to, weight; height, width or length of vehicles or their loads; types of cargo; speed or gearing; stopping requirements; specified travel lanes; and hours of operation.

Regarding road conditions, the grounds for a truck restriction under state law and regulation are clearly met. Under 67 Pa. Code 201.81:

"Highway pavement or shoulders have been weakened due to deterioration, high traffic volumes or climatic condition, and a pavement analysis or engineering judgment would indicate that it may be seriously damaged unless certain weight vehicles are prohibited."

Route 41 clearly "has inadequate turning radii, horizontal width or underclearance at one or more locations." [67 Pa. Code 201.81(b)(6).]

Regarding traffic conditions, the Needs Study, accident data, and designation as a "Heavy Truck Crash Corridor" all show that Route 41's "horizontal and vertical alignment, prevailing traffic speeds, compatibility of the various types of traffic, accident history and vehicular characteristics" make "the movement of certain vehicles constitutes a safety hazard." [67 Pa. Code 201.82(b).]

Thus, the conditions for a truck restriction authorized under 67 Pa. Code 201.82 are also clearly present. In fact, State law requires PennDOT to remove large trucks from Route 41 and other community roads now.

When a road is unsafe for trucks, Pennsylvania regulations further direct PennDOT to review the highway network to determine if an alternate route or routes exist. [67 Pa. Code 201.6(3).] Alternate routes are those capable of handling the additional traffic based upon their structural capability of supporting the kinds and classes of traffic to be detoured and their capability of safely accommodating the additional traffic volumes at a reasonable level of service and providing access to intermediate points of interest, without an excessive increase in the overall length. [67 Pa. Code 201.6(3).]

To impose a truck restriction on Route 41, PennDOT merely has to conduct an engineering and traffic study in accordance with 67 Pa. Code 201.6 to confirm what is already known: large trucks on Route 41 pose an unreasonable risk to passenger vehicles due to the roadway's geometrics, sight distances, classes of vehicles, roadside development, spot speeds, traffic volumes, and capacity. Based upon the study, which has effectively already been completed, PennDOT would then merely have to publish a rule removing Route 41 from the State's list of approved truck access routes, which currently states that 102-inch wide single trailer, Maxi Cubes, and two trailer combinations can use Route 41 without restriction.

Federal Law Authorizes a Truck Restriction on Route 41

Federal regulations and the U.S. Constitution also do not prevent a truck restriction on Route 41, as PennDOT and trucking firms may suggest. Route 41 is not part of the "National Network" of highways to which FHWA regulations mandate that tractor trailers be given access. [See 23 C.F.R. Part 658, Appendix A, listing the federally-designated routes on the National Network consisting of the Interstate System and certain enumerated additional Federal-aid Primary highways.]

Moreover, FHWA regulations specifically provide:

Nothing in this section shall be construed as preventing any State or local government from imposing any reasonable restriction, based on safety considerations, on access to points of loading and unloading by any truck tractor-semitrailer combination in which the semitrailer has a length not to exceed 28\1/2\ feet and which generally operates as part of a vehicle combination described in Secs. 658.13(b)(5) and 658.15(a).

Based on these provisions, nothing under the federal regulations prohibits PennDOT from imposing a truck restriction on Route 41. In fact, Pennsylvania's authority to restrict the size of trucks traveling on state roads not part of the National Network was upheld by the Third Circuit Court of Appeals in 1985. See National Freight, Inc. v. Pennsylvania Department of Transportation, 760 F.2d 499 (3d Cir. 1985) (holding that Pennsylvania retained broad authority to regulate the safety of trucks on state roads not part of the federally-designated National Network under the Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C. § 2301 et seq.)

Nor does the fact that Route 41 is part of the National Highway System prevent the imposition of a truck ban. In fact, under the 1995 National Highway System Designation Act, PennDOT is required to consider the constructed and natural environment of the area, the environmental, scenic, aesthetic, historic, community, and preservation impacts of the activity, and access for other modes of transportation in examining alternatives for the Route 41 project:

Design Criteria for National Highway System-(1) In General-A design for new construction, reconstruction, resurfacing (except for maintenance resurfacing), restoration, or rehabilitation of a highway on the National Highway System (other than a highway also on the Interstate System) may take into account, in addition to the criteria described in subsection (a) (A) the constructed and natural environment of the area; (B) the environmental, scenic, aesthetic, historic, community, and preservation impacts of the activity; and (C) access for other modes of transportation.

Thus, Route 41's National Highway System designation allows PennDOT to pay greater attention to the desires of the local community to preserve the environmental, scenic, aesthetic, historic, qualities of the area and to provide for access by other modes of transportation, such as bicycles and walking. The NHS designation of Route 41 surely does not impede PennDOT's authority to restrict through bound tractor trailers.

New Jersey's Through-Bound Truck Ban

In 2000, New Jersey successfully implemented a major through bond truck ban. The New Jersey Department of Transportation (NJDOT) enacted regulations banning through-bound double-trailer truck combinations and 102-inch wide standard truck semi-trailers from all roads across the state that are not on the "National Network." [See N.J.A.C. 16:32-1.] The truck ban applies to more than 3,600 miles of state, county and local highways, many of which are part of the National Highway System. The regulations are intended to reduce the volume of large trucks on New Jersey's non-National Network highways in order to protect the health, safety, and welfare of New Jersey residents.

It is important to note that New Jersey coordinated its efforts with the Federal Highway Administration, which confirmed that New Jersey had ample authority to ban large trucks from non-National Network roads:

"I am writing in response to our meeting to discuss the truck traffic on US Route 31 and Route 202 on May 25. Issues were raised regarding the jurisdictional limitations on these routes, the ability of local law enforcement officers to conduct on road truck inspections, elimination of truck traffic from those routes and the role of the US Department of Transportation/Federal Highway Administration (FHWA). The US Routes 31 and 202 are not on the National Network of truck routes. Nothing in Federal law or regulation would prevent New Jersey from banning large single and twin trailer combinations from the subject routes unless they were traveling to a terminal or making pickups or deliveries on these routes. . . . I am sympathetic to the concerns raised in the resolution. However, while the State must account for the broad requirements initiated by the STAA, basic traffic control authority remains a State prerogative. Municipalities in New Jersey located along the routes in question that are experiencing problems with through truck traffic, should direct their inquiries to the New Jersey Department of Transportation."

The U.S. Constitution Permits a Truck Restriction

Nor would a truck restriction on Route 41 violate the U.S. Constitution, as trucking industry advocates may suggest. As far back as 1933, the U.S. Supreme Court held that states could restrict through-bound trucks that pose a safety problem on congested roads. In Bradley v. Ohio, 289 U.S. 92 (1933) (Brandeis, J.), the Court affirmed an Ohio decision to restrict truck traffic on State Route 20 extending from Cleveland to the Ohio-Michigan state line on the ground that the road was "so badly congested by established motor vehicle operations, that the addition of applicant's proposed service would create and maintain an excessive and undue hazard to the safety and security of the traveling public, and the property upon such highway." In upholding Ohio's truck restriction on Route 20, the Court wrote:

[p]rotection against accidents, as against crime, presents ordinarily a local problem. Regulation to ensure safety is an exercise of police power. It is primarily a state function, whether the locus be private property or public highways. . . The State may exclude from the public highways vehicles engaged exclusively in interstate commerce, if of a size deemed dangerous to public safety.

The constitutional basis for truck restrictions was upheld more recently in a case challenging New Jersey's truck restriction. There, in March 2001, the Federal District Court in New Jersey denied a motion for summary judgment filed by the American Trucking Association, which argued that the truck ban violates the commerce clause and is, therefore, unconstitutional. The judge ruled that the regulations were not unconstitutional because they did not discriminate against out-of-state trucking interests any more than they discriminated against in-state trucking interests. American Trucking Ass'n v. Whitman, 136 F.Supp.2d 343 (D.N.J. 2001).

It is also interesting to note that the judge in the New Jersey truck ban case ruled that the state had a legitimate goal of reducing accidents and motorist deaths from truck related collisions by reducing the number of large trucks on local roads "which are mostly two and four lane, undivided streets, some lined with commercial establishments and homes, and others remote, winding roads in rural areas." American Trucking Ass'n v. Whitman, 136 F.Supp.2d at 352. Here, the truck restriction would be narrowly tailored to apply only to Route 41 and only to through-bound trucks which neither originate in nor are destined to locations within the area (about two-thirds of the overall large truck volume). And, because the restriction would be based on safety problems associated with the road conditions, it would grounded in a legitimate public purpose that would withstand constitutional challenge.

Because a truck restriction on Route 41 would be narrowly tailored to apply only to through-bound trucks which neither originate in nor are destined to locations within the area (about two-thirds of the overall large truck volume), and would be based on safety considerations, it most certainly would withstand any constitutional challenge.

There are reasonable alternative routes for through-bound trucks

There is also no question that the Pennsylvania Turnpike, Route 80, the Blue Route and Route 202 are reasonable alternatives for trucks traveling between the Port of Wilmington and Harrisburg and points north and west. All of these large roads are capable of handling the through-trip truck traffic on Route 41 at a reasonable level of safety and service.

Recall that 63% the northbound trucks on Route 41 originate in Delaware and 19% originate in New Jersey. Also recall that 59% of the southbound trucks are destined for Delaware and 17% are destined for New Jersey. Accordingly, the tractor trailers travelling on Route 41 on their way to and from Delaware could easily be taking the Pennsylvania Turnpike to US 202. Moreover, the tractor trailers travelling on Route 41 on their way to and from New Jersey could easily be taking the Pennsylvania Turnpike to US 476 to US 322 (Commodore Barry Bridge).

The Turnpike is a Safer Route For Trucks

The crash rate of tractor trailers traveling on the Pennsylvania Turnpike is half of that for tractor trailers traveling on non-Turnpike roads across the state. Moreover, the fatal crash rate on the Turnpike is one-third of that for non-Turnpike roads. See, Pennsylvania Legislative Budget and Finance Committee, State Government Efforts to Reduce Crashes Involving Large Trucks on Pennsylvania Highways, July 2000, at 101. Accordingly, there is no question that the Turnpike affords a far safer route. In fact, the Turnpike was originally designed to accommodate large trucks, as described by an Engineer for the Pennsylvania Turnpike Commission in 1941:

The advantages of a modern express highway in relation to bus and truck operation may not be too well understood. These highways will, in general, be constructed to higher design standards than is customary on ordinary highways. Outstanding features include the separation of highway and railway grades, thus eliminating all stops not required for fuel, two full lanes of pavement in each direction separated by a medial safety zone, easy grades, sweeping curves, and adequate shoulders. On a highway of this type where stops will be unnecessary except for fuel, it will be possible to obtain a high average speed in comparison with the top speed. The reduced time in covering a given distance between two points can be utilized by many types of truck operations to hold the good will of the shipper and thus retain present business, but more important it will result in the trucker or bus operator obtaining new business in greater volume. The grade separation feature will permit operators to schedule trips on an economical basis suited to their particular businesses and the characteristics of the motive power being operated and to be certain that the schedules will be met during reasonable weather conditions. This will assure the shipper of "on-time" deliveries, which will be a powerful factor in retaining present and obtaining new business. The uncertainties in traffic, congestion and delays on the present highways makes the guarantee of "on-time" deliveries uncertain, and the trucker usually has to make a liberal allowance when working out schedules. This increases assured delivery time to the worst average driving time in order to "sell" the customer on the dependability of shipping by truck. Therefore, the consistency in operating conditions, freedom from stops, and traffic congestion on a modern express highway will be of estimable benefit to the trucker and bus operator in obtaining and holding business. An interesting comparison may be made between the Pennsylvania Turnpike and a closely paralleling main State route where, between common points, there are 939 road and street intersections, 25 stop lights and 11 railway grade crossings, while on the Turnpike there is none. The provision of two full lanes in each direction will prove of great benefit in permitting continuous operation at a selected optimum speed inasmuch as it will be unnecessary to wait in line for a favorable opportunity to pass slower moving vehicles and momentum on upgrades will not be lost. This, together with grade separation, will enable close delivery schedules to be worked out. Express highways undoubtedly will be constructed with easier grades than is customary on ordinary highways and this will effect operating savings in fuel and oil. Lower-powered trucks may be utilized for the same payload or increased payloads may be handled with present motive power as compared with existing highways. In territories where the grade differentials are large, additional savings will be available in the item of wear and tear, such as lessened tire and brake wear, reduction of strain on engine and transmission. The provision of easy curves, divided roadways, grade separation and moderate grades will permit faster time schedules and quicker deliveries with less accident hazard than is experienced on present-day highways. This will increase dependability of service as well as lower insurance rates.

Today, the Turnpike Commission actively markets the Turnpike as a cost-effective, convenient alternative for trucks:

"...the best way for commercial vehicles to travel Pennsylvania with easy access to all major Pennsylvania markets and Pennsylvania's Interstate highway system. The Turnpike's commercial credit card program makes Turnpike travel easier for both the drivers and the company. Each day thousands of commercial vehicles utilize Turnpike credit cards to pay tolls without cash. The Turnpike Commission's Commercial Credit Card Program provides reports of toll charges, and carriers can earn toll discounts of up to 20%...."

Finally, to identify ways to encourage more trucks to use the Turnpike, the Turnpike Commission has commissioned an $800,000 study to examine the feasibility of providing lower rates to trucks using the Turnpike during off-peak hours. The study is examining several options to be presented by the end of 2002. The goal is to increase truck use, thereby easing traffic congestion and safety on secondary roads in areas heavily used by trucks.

The Turnpike has Comparable Travel Time to Harrisburg and Points West

Travel times from Wilmington to Harrisburg on the Pennsylvania Turnpike are the same or shorter than on Route 41. According to a 1998 DVRPC travel time analysis, travel times from Wilmington to Harrisburg over the two primary routes available to truck traffic, DE 41/PA 41/US 30/PA 283 and I-295/I-95/US 202/PA 100/PA Turnpike, differed by only a few minutes. DVRPC's study found that trucks taking the PA 41 route saved only about 12 minutes during the morning peak travel time and 6 minutes during the afternoon peak travel time. Moreover, this travel time analysis was conducted before the Turnpike Commission implemented EZ Pass this past year and other roadway improvements that substantially reduced travel times for trucks. past year and other roadway improvements that substantially reduced travel times for trucks. Now, according to a Mapquest©, travel times from Wilmington to Harrisburg on the Turnpike are at least ten minutes quicker than on Route 41. According to Mapquest©, travel time from Hockessin, Delaware (which is 13 miles east of Wilmington) to Harrisburg using PA 41 to US 30 to PA 283 (77.4 miles) is 2 hours and 21 minutes. However, travel time from Wilmington, Delaware to Harrisburg using US 202 to PA 100 to the Turnpike (99.2 miles) is only 2 hours 11 minutes. Accordingly, the Turnpike is the quicker route.

And, the travel times on US 202 will only improve, as PennDOT moves forward with plans to expand Section 100 to six lanes as part of an overall investment of $650 million to expand capacity on Sections 100-400. (See Chester County Planning Commission, Transportation News U.S. Route 202 in Chester County.) The Section 100 expansion involves adding one lane in each direction to achieve three travel lanes in each direction and to construct grade separated intersections at Routes 1 and 926, and at Matlack Street. Ring roads will be constructed at each of these intersections to handle the construction congestion and then the ring roads will be left in place to handle additional traffic volume.

Another practical alternative is the Turnpike to Route 476 (the Blue Route) to Interstate 95 south.

Toll Cost is Not a Legal Basis For PennDOT to Disregard State Traffic Laws

Study after study confirms that the single most important reason through-bound trucks use Route 41 and other small, community roads is to avoid the cost of tolls on the Turnpike. The issue of toll cost, however, is not a relevant consideration under state law and PennDOT's truck traffic regulations. Unlike safety and travel time, cost is not a factor that PennDOT may consider in considering alternate routes in support of a truck restriction. See 67 Pa. Code 201.6(3). Accordingly, all of the data points to the conclusion that the Turnpike provides a safe alternative route for at least 1,500 tractor A DAY? WEEK? trailers that presently choose Route 41 as their route to Harrisburg and points west.

Why Requiring Tractor Trailers to Use the Pennsylvania Turnpike Will Save Billions of Dollars in Indirect Costs

Eliminating through-bound tractor trailers will greatly reduce the high crash rate on Route 41, thereby saving countless dollars spent every year on emergency response, medical care, property damage, and lost productivity. Each fatal crash involving a large truck (those over 10,000 pounds) costs about $3,419,202. Click here to see Federal Motor Carrier Safety Administration, Cost of Large Truck and Bus Crashes. The other direct and indirect costs expended to respond to the high incidence of large truck crashes on Route 41 are more difficult to quantify but no less significant. A reduction in large truck crashes that will result from elimination of through-bound tractor trailers will save millions of dollars in lost productivity whenever commercial and noncommercial motorists are forced off of Route 41 by a large truck accident.