News, Interviews, and Happenings From The Trucking World
Schneider donates trucks; Congress considers women-driver-friendly bill
Friday Short Haul - CTA files lawsuit against California, Highway Hero nominations sought, video of "Move Over" crash
Tesla announces new electric Semi model
Not everyone happy with potential FMCSA clearinghouse delay
Friday Short Haul - AI taking driving jobs, CRV scam, Truckers protest AB-5, ELDs quit working
Investigators cracking down on truck accident fraudulent lawsuits
So you want to start your own trucking company?
Friday Short Haul - FMCSA emergency exemptions, snow plows, FedEx employee bribery charges
Human smuggling via big rigs on the increase
Carriers, drivers look at ways to deal with California's AB-5
Friday Short Haul - Millennials and trucking, Truckers Christmas Group, Navistar settlement
Too many drivers still don't know to "Move Over"
Are trucker strikes a thing of the past?
Friday Short Haul - Passenger car drivers, spotted lanternfly, women drivers
OOIDA makes final push for better HOS rules
Car-truck crash fatalities continue to increase
Friday Short Haul - Amazon's fleet of day cabs, legislator's disclosure, WTA petition
ATA chief takes on truck-accident lawyers
Lonely on the road? Get a furry friend
Friday Short Haul - Lab-grown meat, fraudulent freight brokering, FMCSA HOS committee, FMCSA Clearinghouse
UPS takes giant leap in its drone delivery program
Female drivers are safer bet for trucking companies
Friday Short Haul - Embark gets financing, FMCSA announces safety grants, Covenant exits Mexico routes, and trucking statistics
Emissions standards battle heats up between the EPA and California
Smog checks in the future for California truck drivers
Friday Short Haul - Volvo Dynamic Steering, Meals for 18 Wheels, speeding crackdown, OOIDA opposes legislation
Telematics could be insurance-premium-saving boon for fleets
54 percent of survey respondents still not impressed with telematics technology
Friday Short Haul - Walmart video, it's churn, not shortage, California's independent contractor bill, hemp drivers plea
TCA honors three Highway Angels
Now they're talking about "smart" trailers
Friday Short Haul - Detention-time comments, truck orders decline, diesel fuel shortage
Berkeley study says reducing independent truckers can alleviate climate change
Clearing up concerns about the drug and alcohol clearinghouse
Friday Short Haul - Hurricane Dorian, Speed limiter bill, Thank a Driver campaign
Georgia jury awards $280 million for truck-driver-caused multi-fatality
Friday Short Haul - New eCascadias, Top cities for truck driver jobs, Push against driverless trucks
Decision on California drivers' employee/contractor status coming down to the wire
UPS jumps on autonomous bandwagon with TuSimple investment
FMCSA publishes proposed HOS rule changes
Fleets, drivers coming to like automated manual transmissions
CVSA asks for new truck crash study
Friday Short Haul - HOS revisions delayed, AEB mandate proposed, Koch sued for sex discrimination
Kodiak Robotics takes lead in autonomous truck industry race
New York City combats rash of cyclist/truck clashes
Friday Short Haul - CRST wins lawsuit, OOIDA opposes insurance hike, UPSNav
Mechanics shortage equals driver shortage in intensity
DOT announces almost 1$ billion in grants to fix infrastructure
Friday Short Haul - DOL on sleeper pay, UPS drone delivery, Geowiz ELDs
FMCSA takes a look at assault, harassment of female and minority drivers
It's hot out there, what's a trucker to do? Can't idle.
Friday Short Haul - Utah truck rollovers, aging truckers, lifetime CDL bans
Truck-mounted LED billboards coming under fire
Trucker 'drones on' with unique approach to teaching driving skills
Friday Short Haul - Rhode Island tolls, human smuggling, contractor vs employee status
ELD mandate deadline looming, many still not compliant
New "boot" device being deployed to threaten Walmart overnighters
Friday Short Haul - Prime Inc vs Amazon, mother fights HOS changes, truck drivers appreciation week
Proper way to fly the American flag on your truck this Fourth of July
Roundabouts are becoming popular; but are they best for trucks?
Friday Short Haul - Skills test proposal, driver shortage, hemp sentencing, driverless trucks
Experts warn of active wildland fire season
More states signing on to enlist truckers against human trafficking
Friday Short Haul - Shippers of Choice, insurance rates, wheel spikes, WIT award
Freight numbers not holding up to 2018's highs
Truck safety group urges purges of drug abuse drivers
Friday Short Haul - Self-driving certificate, truck platooning, trade war stacking up cargo
HOS waiver coming soon for fireworks haulers
FMCSA takes a further look at detention time
Friday Short Haul - Autonomous delivery, HOS rules changes, CDL retest
Roadcheck 2019 in effect this week
Hemp arrest prompts USDA memo
Friday Short Haul - Waymo big rigs, Move over sting, Under-21 comments
Severe weather prompts renewed emergency declaration
Memorial Day holiday is prime time for cargo thefts
Friday Short Haul - Hauling hemp, road rage fatality, new rules for autonomous vehicles
Autonomous trucks on USPS test run
Future era of cab-less trucks will be the end of HOS rules
Friday Short Haul - FMCSA under-21 comments, Tesla autonomous car crash, 24,000 drivers sign contract with YRC
Under-21 interstate drivers getting serious look by FMCSA
Trucker Buddy program matches drivers with a classroom; everyone wins
Friday Short Haul - Driver awarded $80 million, ODFL driver wins, loading dock black hole
Storm breaks out from Rockies, slams into Midwest, South
Capacity issues have shippers looking at private fleets
Friday Short Haul - HOS rules, dark skies, Falcon drivers
'Bug' permits now required for four eastern states
Simulator use is catching on for schools, carriers
Friday Short Haul - Thinking electric, Penske opens charging station, border crossing crisis, railroads taking trucking business
ELDs might not be the panacea that was hoped for
Truck drivers may soon see "phantoms" driving yard trucks
Friday Short Haul - Nikola big rigs, WIT welcomes Peterbilt, Oregon crashes, Border crossings
Carriers claim financial benefit of putting up drivers in hotels
Uber's IPO application reveals interesting data about its freight brokerage business
Friday Short Haul - CDL examiner arrested, tolls proposed for trucks, marijuana use on the rise
Smart Load Board will get carriers the loads they need
Huge lines and long wait times greet carriers at Mexico border
Friday Short Haul - Marijuana, ATA campaign, personal conveyance rules
Over-the-air downloads revolutionize parameter updates
Don't get scammed by skimmers
Friday Short Haul -- New Cascadias honored, motorist survey, U.S, Xpress awarded, rest stop parking
Legislators address underride collisions, propose more underguards for trucks, trailers
Motorists soon may encounter a different kind of truck convoy
Friday Short Haul -- Women in Trucking, irate motorist, FMCSA eases HOS, Safe-Cap
Recent survey shows cost of roadside repairs is rising
FMCSA announces drug and alcohol clearinghouse website
Friday Short Haul - Swift settlement, driver shortage myth, TCA Best Fleet award
The hidden danger of looking but not seeing
Accident scammers target trucks for financial payout
Friday Short Haul - Snow on the roof, bypassing toll road, Waze under fire
Retailers blame driver shortage for price increases
Drivers' smartphones may be clue to road roughness
Friday Short Haul -- Freight rates, HOS changes, tonnage reports
New tax changes hit drivers hard
FMCSA to implement under-21 interstate driver program for former military
Friday Short Haul -- Connecticut tolls proposed, hydrogen fuel-cell trucks, cell phone use
Congress committee looks at state of America's highways
Number of cargo thefts is down; but dollar value about the same
Friday Short Haul -- Crossing the border, CA sues FMCSA, Lobbying against larger trucks
Detention - A problem still in search of a solution
February Highway Angels honorees named
Friday Short Haul -- C.R. England announces pay raises, eCommerce impact on trucking, TCA announces best fleets
Is a guaranteed minimum pay the solution to the driver shortage?
Long CDL testing wait times cost economy billions of dollars; not helping driver shortage
Friday Short Haul -- Walmart hiring, Uber Freight App, Speed-limiter Law, America's Road Team
Cranking -- The Good, The Bad, and the Ugly
California survives challenge to its low-carbon fuel standards
Friday Short Haul - Highway robbery ... autonomous trucks ... new trailers
LithiumHub enters jump-starter market with Jumpbooster JP30
2019 Looks Good For The Transportation Industry
Raymond Burt named TMC Trainer of the Month for February 2018
TMC Transportation Announces Recipient of Prestigious Wheel Master Award
TMC Transportation Named The Home Depot’s Flatbed Carrier of the Year For Fourth Straight Year
Pay Raises & New Peterbilts for PAM Drivers
New DOT Drug Testing Rules Effective Jan 1, 2018
Amtrak Derailment: Trucks Haul 270,000 Pound Locomotive Engine During Cleanup
Pepsi Places Largest Order Yet For Tesla Electric Trucks
Kavin Hallett named Trainer of the Month for October 2017
Over 100,000 Truck Drivers Likely Have Undiagnosed Sleep Apnea And More Testing Is On The Way
Drivers Share Their Best Tips, Tricks, And Secrets For Life On The Road
Drivers Are Losing Money By Taking The Wrong Approach
Truckers and Guns: What Is and Is Not Legal
Preparing To Go Solo For The First Time? Experienced Drivers Share Their Best Advice
The Truck Stop Survival Guide: Advice From Experienced Drivers
The Worst Cities For Traffic In The U.S. For 2017
We Ask Drivers How They Would Make The Logbook Rules Better
Self Driving Trucks Are Not Coming Anytime Soon
Decision on California drivers' employee/contractor status coming down to the wire
Last Updated: Tue, August 20, 2019
The effects of last year's California Supreme Court ruling against Dynamex Operations West, Inc., continue to reverberate through the halls of California's state legislative bodies with the ultimate result that California will no longer recognize a truck driver's status as an independent contractor.
Labeled Assembly Bill 5, and titled "Worker status: employees and independent contractors," the bill passed the California Assembly in May and only awaits approval by the State Senate and a signature from the governor to become law.
It is rapidly making its way through that legal pipeline, however, as it passed the Senate's Standing Committee on Labor, Public Employment and Retirement in early August by a 4 to 1 vote. The bill has until September 13 to be made into law or it will time-out for this legislative session.
The bill basically codifies the provisions of the Dynamex decision which determined that in order to be an independent contractor rather than an employee the worker must meet a three-pronged test:
- The worker must not be under the control and direction of the company that has hired him or her -- as a matter of actual practice, and per the wording of the contract
- The independent contractor must be doing a job that is outside of the usual work being done by the hiring company
- The independent contractor must be normally engaged in the same trade, occupation or business as the work he or she is performing for the hiring company
The short version of the California Supreme Court's 82-page decision is that in California all workers are presumed to be employees, and the burden is on the company to establish that an independent contractor meets the three-pronged test.
The sticking point, and what concerns trucking firms the most, is the middle item, as it would eliminate independent contractor status for all independent drivers driving for a motor carrier for-hire trucking firm.
In a reasoning reminiscent of Catch 22, a trucking company cannot hire a driver with independent contractor status to haul freight for them because the carrier is also in the business of hauling freight.
Trucking associations, like the Western States Trucking Association, have lobbied heavily to include truck drivers in the growing list of exceptions allowed by the proposed law.
Joe Rajkovacz, director of governmental affairs and communications for WSTA told Freightwaves recently that he's certain AB-5 is going to pass in this legislative session.
"What isn’t likely to be dealt with in the few weeks remaining in the legislative session are amendments to protect various industries such as the ‘gig companies’ nor with increasing disappointment for us, trucking,” FreightWaves reported from an email by Rajkovacz.
AB-5 makes concessions to many who work in the so-called "gig-worker economy" like hairdressers and real estate agents, but comes down hard on independent contractors who drive for-hire for ride share companies like Uber and Lyft – and notably for truck drivers.
Rajkovacz told FreighWaves, “From a trucking industry standpoint, what we would like to see is where it is acknowledged that if you’re an independent contractor with your own authority, you are truly an independent contractor.”
What's at stake with the new ruling is that California-based carriers will be forced to classify all its drivers as employees, and thus mandate paying Social Security and payroll taxes, unemployment insurance taxes and state employment taxes, providing worker’s compensation insurance, and of course, complying with the endless labyrinth of state and federal statutes governing the wages, hours, and working conditions of employees.
The bill, if passed into law, is particularly egregious to truck drivers who have always been independent, and who wish to stay that way.
For example, one driver, Antwawn Branch, was interviewed by KCRA 3 News during a truck drivers' protest of AB-5 in Sacramento, California, “I got into trucking to be an independent contractor. I work for myself. I like being independent, I don’t want to be no one’s employee, so I think it’s a terrible bill."
Debbie Ferrari, who owns her own small trucking business, told KCRA 3, “It’s putting them out of business and making them bankrupt. You’ve got immigrants, minorities that have found a way to meet the middle class and are facing losing everything.”
“They went out and bought a truck for $160,000,” Ferrari said. “They have their own permitting. They’ve invested large dollars into their business."
“Legitimate owner operators that made these investments – we’re talking about 65,000 (of them) are facing bankruptcy over this,” she added in her interview with KCRA 3.
Sources: American Shipper,
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Trucking Industry Concerns