Owner-Operators Ask for Broker Transparency, Brokers’ Respond – None of Your Business – In FMCSA Listening Session on Broker Transparency Regulations

  On Wednesday, October 28, 2020, the Federal Motor Carrier Safety Administration (FMCSA) hosted a public listening session concerning pending broker transparency rulemaking petitions. These petitions propose to clarify or modify the federal regulations requiring brokers to disclose certain information to carriers, including the amount the shippers paid a broker to arrange a load. Specifically, […]

FMCSA to Host Listening Session on Broker Transparency Regulation

From 1:00 PM to 2:30 PM EDT on Wednesday, October 28, the Federal Motor Carrier Safety Administration will host a public listening session concerning the pending broker transparency rulemaking petitions. These petitions propose to modify the federal regulations requiring brokers to disclose certain information to carriers, including the amount the shippers paid a broker to […]

The California Supreme Court Provides New Guidance on How AB 5 Could Impact Independent Owner-Operator Truck Drivers Based Throughout the Nation

  The California Supreme Court recently issued two decisions that shed light on the question of whether AB 5 would be imposed on owner-operator truck drivers who spend a majority of their time outside of California.[1] These decisions may influence the pending legal challenge to the application of AB 5 to the trucking industry. The […]

Fourteen States Join California in a Commitment to Phasing Out Diesel Trucks

  The California Air Resource Board (“CARB”) recently adopted a new rule requiring truck manufacturers to transition from diesel to electric zero-emission trucks starting in 2024. The ultimate objective of CARB’s Advanced Clear Trucks (“ACT”) regulation is to eliminate all diesel trucks by 2045 (this blog’s more detailed discussion of the ACT regulation can be […]

Congress Considering Raising Minimum Motor Carrier Public Liability Insurance to $2 Million

  An already challenging economic environment for truckers may worsen with a proposal in Congress to increase minimum public liability insurance limits to $2 million. In mid-June, Representative Jesús “Chuy” García (D-IL-04) introduced a proposal in Congress that require commercial motor vehicles to be insured against liability at a level of $2 million—266% higher than […]

Judge Gives the Green Light to Constitutional Challenge to Rhode Island’s Truck-Tolling Scheme

Earlier this month, a federal judge allowed a legal challenge to Rhode Island’s exorbitant truck-only tolls to proceed.  The court rejected Rhode Island officials’ latest arguments that their discriminatory toll scheme is immune from a constitutional challenge—the same defense that Pennsylvania officials relied upon in defending its excessive Turnpike tolls last year.  This decision and […]

Will California’s New Zero-Emission Truck Rule Zero-Out Owner-Operator Opportunities?

  Last week the California Air Resource Board (“CARB”) adopted what it has heralded as a “first-in-the-world” rule requiring truck manufacturers to transition from diesel to electric zero-emission trucks starting in 2024. CARB anticipates that by 2030, nearly one in three new tractor-trailers in California will have zero emissions. This is likely the first of […]

Big Brother and the License Plate Data Holding Company: Your Constitutional Right to Privacy on the Open Road

  Since the beginning of this year, the Tennessee legislature has been considering a bill that would bring law enforcement surveillance cameras, automated license plate readers (ALPRs), to the state’s interstate highways.[1] They would not, however, be used for traffic enforcement.[2] Instead, these cameras would be used to further big data policing strategies, which have […]

California’s AB 5 Lawsuit Against Uber and Lyft: What it Means to Perform Work “That Is Outside the Usual Course of the Hiring Entity’s Business.”

  One of the biggest challenges to assessing AB 5’s impact on the owner-operator model has been ambiguity about how it will be enforced by California. Particularly at issue is Part B of the ABC test codified by AB 5. An employer who wishes to treat their workers as independent contracts must be able to […]

OOIDA Files Amicus Brief in Support of Current Injunction of AB 5 Enforcement

  The Cullen Law Firm, PLLC filed an amicus brief on behalf of the Owner-Operator Independent Drivers Association (“OOIDA”) in support of the preliminary injunction currently preventing California from enforcing the state’s new worker classification law AB 5. The United States District Court for the Southern District of California imposed the injunction earlier this year […]