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Friday Short Haul - Pilot Flying J name change, CRST-Swift lawsuit, Schneider named innovator 1/24/2020 Seven drivers named as TCA's Highway Angels 1/22/2020 Travel advisories and restrictions announced for Midwest weekend storm 1/20/2020 Friday Short Haul - Senators demand GPS app updates, Jason's Law survey, ATA applauds USMCA, FMCSA's truck crash survey 1/17/2020 Research group recommends a national autonomous truck policy 1/15/2020 A glimpse into driving long-haul in China 1/13/2020 Friday Short Haul - Court blocks AB-5, SBTC vs. FMCSA, Can Opener Bridge 1/10/2020 Loses appeal: Walmart ordered to pony up $54 million to drivers 1/8/2020 WIT and Walmart seek nominations for Female Driver of the Year 1/6/2020 Friday Short Haul - Sweatshop on Wheels, judge exempts truckers from AB-5, Fleetwood closes doors 1/3/2020 Trucking Truth's top stories for 2019 1/1/2020 Random drug tests of drivers to double in 2020 12/30/2019 Friday Short Haul - New EV semi, tonnage down, turnover up, Grapevine fatality, runaway truck tires demolish car 12/27/2019 Trucking industry goes out of its way for Christmas charitable giving 12/25/2019 Fuel card provider hit with FTC lawsuit 12/23/2019 Friday Short Haul - Driver coercion, zero emissions, driver fatalities 12/20/2019 Hard enforcement for ELD compliance now in effect 12/18/2019 State CDL agencies get reprieve from drug & alcohol clearinghouse deadline 12/16/2019 Friday Short Haul - JB Hunt's Wreaths Across America, Plus.ai butter run, states look for zero emissions 12/13/2019 Carriers muster to pick up Celadon drivers, employees 12/11/2019 Will Amazon's pay-per-day plan influence the industry? 11/27/2019 Freight volume and rates downturn turns into a 'bloodbath' 11/25/2019 Friday Short Haul - Independent contractors getting booted out of CA, winter weather resources, ransomware attack 11/22/2019 Knowing when to say goodbye to an unprofitable shipper 11/20/2019 Schneider donates trucks; Congress considers women-driver-friendly bill 11/18/2019 Friday Short Haul - CTA files lawsuit against California, Highway Hero nominations sought, video of "Move Over" crash 11/15/2019 Tesla announces new electric Semi model 11/13/2019 Not everyone happy with potential FMCSA clearinghouse delay 11/11/2019 Friday Short Haul - AI taking driving jobs, CRV scam, Truckers protest AB-5, ELDs quit working 11/8/2019 Investigators cracking down on truck accident fraudulent lawsuits 11/6/2019 So you want to start your own trucking company? 11/4/2019 Friday Short Haul - FMCSA emergency exemptions, snow plows, FedEx employee bribery charges 11/1/2019 Human smuggling via big rigs on the increase 10/30/2019 Carriers, drivers look at ways to deal with California's AB-5 10/28/2019 Friday Short Haul - Millennials and trucking, Truckers Christmas Group, Navistar settlement 10/25/2019 Too many drivers still don't know to "Move Over" 10/23/2019 Are trucker strikes a thing of the past? 10/21/2019 Friday Short Haul - Passenger car drivers, spotted lanternfly, women drivers 10/18/2019 OOIDA makes final push for better HOS rules 10/16/2019 Car-truck crash fatalities continue to increase 10/14/2019 Friday Short Haul - Amazon's fleet of day cabs, legislator's disclosure, WTA petition 10/11/2019 ATA chief takes on truck-accident lawyers 10/9/2019 Lonely on the road? Get a furry friend 10/7/2019 Friday Short Haul - Lab-grown meat, fraudulent freight brokering, FMCSA HOS committee, FMCSA Clearinghouse 10/4/2019 UPS takes giant leap in its drone delivery program 10/2/2019 Female drivers are safer bet for trucking companies 9/30/2019 Friday Short Haul - Embark gets financing, FMCSA announces safety grants, Covenant exits Mexico routes, and trucking statistics 9/27/2019 Emissions standards battle heats up between the EPA and California 9/25/2019 Smog checks in the future for California truck drivers 9/23/2019 Friday Short Haul - Volvo Dynamic Steering, Meals for 18 Wheels, speeding crackdown, OOIDA opposes legislation 9/20/2019 Telematics could be insurance-premium-saving boon for fleets 9/18/2019 54 percent of survey respondents still not impressed with telematics technology 9/16/2019 Friday Short Haul - Walmart video, it's churn, not shortage, California's independent contractor bill, hemp drivers plea 9/13/2019 TCA honors three Highway Angels 9/11/2019 Now they're talking about "smart" trailers 9/9/2019 Friday Short Haul - Detention-time comments, truck orders decline, diesel fuel shortage 9/6/2019 Berkeley study says reducing independent truckers can alleviate climate change 9/4/2019 Clearing up concerns about the drug and alcohol clearinghouse 9/2/2019 Friday Short Haul - Hurricane Dorian, Speed limiter bill, Thank a Driver campaign 8/30/2019 Georgia jury awards $280 million for truck-driver-caused multi-fatality 8/28/2019 Friday Short Haul - New eCascadias, Top cities for truck driver jobs, Push against driverless trucks 8/23/2019 Decision on California drivers' employee/contractor status coming down to the wire 8/21/2019 UPS jumps on autonomous bandwagon with TuSimple investment 8/19/2019 FMCSA publishes proposed HOS rule changes 8/16/2019 Fleets, drivers coming to like automated manual transmissions 8/14/2019 CVSA asks for new truck crash study 8/12/2019 Friday Short Haul - HOS revisions delayed, AEB mandate proposed, Koch sued for sex discrimination 8/9/2019 Kodiak Robotics takes lead in autonomous truck industry race 8/7/2019 New York City combats rash of cyclist/truck clashes 8/5/2019 Friday Short Haul - CRST wins lawsuit, OOIDA opposes insurance hike, UPSNav 8/2/2019 Mechanics shortage equals driver shortage in intensity 7/31/2019 DOT announces almost 1$ billion in grants to fix infrastructure 7/29/2019 Friday Short Haul - DOL on sleeper pay, UPS drone delivery, Geowiz ELDs 7/26/2019 FMCSA takes a look at assault, harassment of female and minority drivers 7/24/2019 It's hot out there, what's a trucker to do? Can't idle. 7/22/2019 Friday Short Haul - Utah truck rollovers, aging truckers, lifetime CDL bans 7/19/2019 Truck-mounted LED billboards coming under fire 7/17/2019 Trucker 'drones on' with unique approach to teaching driving skills 7/15/2019 Friday Short Haul - Rhode Island tolls, human smuggling, contractor vs employee status 7/12/2019 ELD mandate deadline looming, many still not compliant 7/10/2019 New "boot" device being deployed to threaten Walmart overnighters 7/8/2019 Friday Short Haul - Prime Inc vs Amazon, mother fights HOS changes, truck drivers appreciation week 7/5/2019 Proper way to fly the American flag on your truck this Fourth of July 7/3/2019 Roundabouts are becoming popular; but are they best for trucks? 7/1/2019 Friday Short Haul - Skills test proposal, driver shortage, hemp sentencing, driverless trucks 6/28/2019 Experts warn of active wildland fire season 6/26/2019 More states signing on to enlist truckers against human trafficking 6/24/2019 Friday Short Haul - Shippers of Choice, insurance rates, wheel spikes, WIT award 6/21/2019 Freight numbers not holding up to 2018's highs 6/19/2019 Truck safety group urges purges of drug abuse drivers 6/17/2019 Friday Short Haul - Self-driving certificate, truck platooning, trade war stacking up cargo 6/14/2019 HOS waiver coming soon for fireworks haulers 6/12/2019 FMCSA takes a further look at detention time 6/10/2019 Friday Short Haul - Autonomous delivery, HOS rules changes, CDL retest 6/7/2019 Roadcheck 2019 in effect this week 6/5/2019 Hemp arrest prompts USDA memo 6/3/2019 Friday Short Haul - Waymo big rigs, Move over sting, Under-21 comments 5/31/2019 Severe weather prompts renewed emergency declaration 5/29/2019 Memorial Day holiday is prime time for cargo thefts 5/25/2019 Friday Short Haul - Hauling hemp, road rage fatality, new rules for autonomous vehicles 5/24/2019 Autonomous trucks on USPS test run 5/22/2019 Future era of cab-less trucks will be the end of HOS rules 5/20/2019 Friday Short Haul - FMCSA under-21 comments, Tesla autonomous car crash, 24,000 drivers sign contract with YRC 5/17/2019 Under-21 interstate drivers getting serious look by FMCSA 5/15/2019 Trucker Buddy program matches drivers with a classroom; everyone wins 5/13/2019 Friday Short Haul - Driver awarded $80 million, ODFL driver wins, loading dock black hole 5/10/2019 Storm breaks out from Rockies, slams into Midwest, South 5/8/2019 Capacity issues have shippers looking at private fleets 5/6/2019 Friday Short Haul - HOS rules, dark skies, Falcon drivers 5/3/2019 'Bug' permits now required for four eastern states 5/1/2019 Simulator use is catching on for schools, carriers 4/29/2019 Friday Short Haul - Thinking electric, Penske opens charging station, border crossing crisis, railroads taking trucking business 4/26/2019 ELDs might not be the panacea that was hoped for 4/24/2019 Truck drivers may soon see "phantoms" driving yard trucks 4/22/2019 Friday Short Haul - Nikola big rigs, WIT welcomes Peterbilt, Oregon crashes, Border crossings 4/19/2019 Carriers claim financial benefit of putting up drivers in hotels 4/17/2019 Uber's IPO application reveals interesting data about its freight brokerage business 4/15/2019 Friday Short Haul - CDL examiner arrested, tolls proposed for trucks, marijuana use on the rise 4/12/2019 Smart Load Board will get carriers the loads they need 4/10/2019 Huge lines and long wait times greet carriers at Mexico border 4/8/2019 Friday Short Haul - Marijuana, ATA campaign, personal conveyance rules 4/5/2019 Over-the-air downloads revolutionize parameter updates 4/3/2019 Don't get scammed by skimmers 4/1/2019 Friday Short Haul -- New Cascadias honored, motorist survey, U.S, Xpress awarded, rest stop parking 3/29/2019 Legislators address underride collisions, propose more underguards for trucks, trailers 3/27/2019 Motorists soon may encounter a different kind of truck convoy 3/25/2019 Friday Short Haul -- Women in Trucking, irate motorist, FMCSA eases HOS, Safe-Cap 3/22/2019 Recent survey shows cost of roadside repairs is rising 3/20/2019 FMCSA announces drug and alcohol clearinghouse website 3/18/2019 Friday Short Haul - Swift settlement, driver shortage myth, TCA Best Fleet award 3/15/2019 The hidden danger of looking but not seeing 3/13/2019 Accident scammers target trucks for financial payout 3/11/2019 Friday Short Haul - Snow on the roof, bypassing toll road, Waze under fire 3/8/2019 Retailers blame driver shortage for price increases 3/6/2019 Drivers' smartphones may be clue to road roughness 3/4/2019 Friday Short Haul -- Freight rates, HOS changes, tonnage reports 3/1/2019 New tax changes hit drivers hard 2/27/2019 FMCSA to implement under-21 interstate driver program for former military 2/25/2019 Friday Short Haul -- Connecticut tolls proposed, hydrogen fuel-cell trucks, cell phone use 2/22/2019 Congress committee looks at state of America's highways 2/20/2019 Number of cargo thefts is down; but dollar value about the same 2/18/2019 Friday Short Haul -- Crossing the border, CA sues FMCSA, Lobbying against larger trucks 2/15/2019 Detention - A problem still in search of a solution 2/13/2019 February Highway Angels honorees named 2/11/2019 Friday Short Haul -- C.R. England announces pay raises, eCommerce impact on trucking, TCA announces best fleets 2/8/2019 Is a guaranteed minimum pay the solution to the driver shortage? 2/6/2019 Long CDL testing wait times cost economy billions of dollars; not helping driver shortage 2/4/2019 Friday Short Haul -- Walmart hiring, Uber Freight App, Speed-limiter Law, America's Road Team 2/1/2019 Cranking -- The Good, The Bad, and the Ugly 1/30/2019 California survives challenge to its low-carbon fuel standards 1/28/2019 Friday Short Haul - Highway robbery ... autonomous trucks ... new trailers 1/25/2019 LithiumHub enters jump-starter market with Jumpbooster JP30 1/23/2019 2019 Looks Good For The Transportation Industry 1/21/2019 Raymond Burt named TMC Trainer of the Month for February 2018 3/28/2018 TMC Transportation Announces Recipient of Prestigious Wheel Master Award 3/7/2018 TMC Transportation Named The Home Depot’s Flatbed Carrier of the Year For Fourth Straight Year 2/28/2018 Pay Raises & New Peterbilts for PAM Drivers 2/26/2018 New DOT Drug Testing Rules Effective Jan 1, 2018 1/11/2018 Amtrak Derailment: Trucks Haul 270,000 Pound Locomotive Engine During Cleanup 12/21/2017 Pepsi Places Largest Order Yet For Tesla Electric Trucks 12/12/2017 Kavin Hallett named Trainer of the Month for October 2017 12/8/2017 Over 100,000 Truck Drivers Likely Have Undiagnosed Sleep Apnea And More Testing Is On The Way 8/10/2017 Drivers Share Their Best Tips, Tricks, And Secrets For Life On The Road 7/18/2017 Drivers Are Losing Money By Taking The Wrong Approach 7/13/2017 Truckers and Guns: What Is and Is Not Legal 7/6/2017 Preparing To Go Solo For The First Time? Experienced Drivers Share Their Best Advice 6/29/2017 The Truck Stop Survival Guide: Advice From Experienced Drivers 6/15/2017 The Worst Cities For Traffic In The U.S. For 2017 6/8/2017 We Ask Drivers How They Would Make The Logbook Rules Better 5/30/2017 Self Driving Trucks Are Not Coming Anytime Soon 5/25/2017

Friday Short Haul - Court blocks AB-5, SBTC vs. FMCSA, Can Opener Bridge

Dave Wickenhauser on Fri, January 10, 2020

Last Updated: Thu, January 9, 2020

A second court ruling slaps down California's AB-5 law

Independent truckers in California won another victory against the state's AB-5 independent contractor law this week when a Superior Court ruled on a long-running lawsuit that Federal law preempts the new California law.

What this means, if the judge's decision stands, is that California cannot impose AB-5 on truckers because it violates Federal law that allows for the independent contractor trucker model.

In his January 8, 2020, decision Los Angeles County Superior Court Judge William Highberger invoked the Federal Aviation Administration Authorization Act which poses no such restrictions on truckers as imposed by California's AB-5.

The ruling came at the end of a two-year long lawsuit that was brought by the Los Angeles City Attorney's office against several trucking companies, including NFI Industries and its subsidiaries, Cal Cartage Transportation Express, CMI Transportation, and K&R Transportation.

The lawsuit alleges that those trucking firms misclassified drivers as non-employees, giving them an unfair competitive advantage over carriers whose drivers are company employees.

As the lawsuit progressed, California passed the infamous AB-5 which required employers to pass a three-pronged "ABC" test before they could classify drivers as independent contractors. But the judge remained unfazed by the new law.

“The question remains whether such a prohibition (the ABC test) has sufficient direct or indirect effects on motor carrier prices, routes and services and is therefore preempted by the FAAAA,” Highberger wrote in his decision. “This court, like many others before it, concludes that it does.”

This new victory for California independent truckers came on the heels of a decision last week by a Federal District Court Judge blocking enforcement of AB-5 in a ruling over a California Trucking Association lawsuit. Judge Roger Benitez invoked the same provisions from the FAAA Act that preempt California's AB-5.

As is often stated, "What California does, other states follow," New York State Governor Andrew Cuomo has announced an interest in pushing for the same-style independent contractor legislation as California's AB-5. New Jersey was also considering similar legislation, but that has recently stalled.

FMCSA under attack by a trucking coalition

The Small Business in Transportation Coalition is asking for the defunding and disbanding of the Federal Motor Carrier Safety Administration, alleging that the agency is negligent for "failure to faithfully execute its mandate, dereliction of duty, negligent and reckless disregard for public safety, failure to abide by Congressional directives, failure to reduce large truck fatalities, general incompetence, repeated violations of Federal Law and political corruption."

SBTC's complaint against the FMCSA is spelled out at length in a letter from SBTC's Executive Director James Lamb to the Hon. Roger F. Wicker, Chairman of the U.S. Senate Committee on Commerce, Science, and Transportation and Hon Peter A. DeFazio, Chairman of the House Committee on Transportation and Infrastructure.

The letter was copied to Department of Transportation Secretary Elaine Choa. DOT is the agency under which the FMCSA operates.

SBTC is a 15,000 member non-profit transportation industry trade group representing transportation professionals, associations, and industry suppliers.

The main pillar of SBTC's complaint against the FMCSA is its allegation that the agency withholds safety enforcement funds from the states in violation of 49 U.S. Code §14504(a).

"We pointed out on December 23, 2019, to the Secretary of Transportation how, despite their mission to 'reduce crashes, injuries and fatalities involving large trucks and buses' for three straight years now, FMCSA has unlawfully interfered with and delayed the collection and distribution of motor carrier safety funds for use by the states to, ironically, reduce crashes, injuries and fatalities involving large trucks and buses… by unreasonably stretching out rulemaking to set the Unified Carrier Registration fees contrary to law.

"We write to you today because your Department is charged with the responsibility under the UCR Act (49 U.S. Code § 14504a.) of setting UCR fees and your Department’s delays for three years straight in processing the UCR Board’s proposals for fees have caused -- and continue to cause – industry-wide chaos and confusion."

Lamb expressed that SBTC "cannot fathom" why the FMCSA would knowing withhold safety funds, and that the agency should have known that withholding such funds would have a devastating impact on states' ability to improve carrier safety.

"It appears these bureaucrats simply do not care," Lamb concluded.

The letter cited a Government Office of Accountability report to Congress stating that a majority of states surveyed responded that delays in funding hindered their ability to regulate motor carriers, which affected implementation of safety programs.

The nine-page letter went on with 5 more pages of additional allegations against FMCSA by the SBTC, concluding with:

"In the interest of public integrity, we therefore respectfully ask that you please hold hearings on this proposal to defund the agency and hold the Secretary and FMCSA executives accountable for these failures, unlawful and unethical activity, and patterns of fraud, abuse, waste, and mismanagement."

video link

Newly raised Can Opener Bridge still entertains watchers

Residents and visitors to Durham, North Carolina, and YouTube enthusiasts were disappointed late last year when the city raised the height of the infamous 11-foot-8-inch "Can Opener Bridge" by eight inches to try to alleviate its tendency for peeling the tops off of unwary truck drivers' box trucks and trailers.

However, the newly raised bridge has continued to claim victims, as can be seen in the accompanying video of a Penske truck driver barely NOT making it under the structure.

So, despite a plethora of warning signs, drivers continue to not heed the warnings, and Can Opener Bridge watchers continue to be entertained.

Sources: FreightWaves, Bloomberg Law, SBTC News Release, Boing Boing

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