Constitutional Challenge to Indiana Oversize-Overweight Civil Penalties

In mid-2020, the Owner-Operator Independent Drivers Association, Inc., began receiving calls from members stating that they had each received notice in the mail of a maximum $5,000 civil oversize/overweight fine.  The fines were $5,000 across the board, no matter how serious the violation, no matter whether preventing the violation was in the motor carrier’s control, […]

ELDs Violate Privacy Protections Under New York State Constitution, Argues OOIDA and Three Individual Truckers in Court

In February, attorneys for the Owner-Operator Independent Drivers Association, Inc. (OOIDA) and three of its operator members recently argued to a 5-justice panel of the New York Supreme Court, Appellate Division, that ELDs violate operators’ privacy rights protected by the New York State Constitution. In OOIDA et al. v. NY State Dep’t of Transportation et […]

U.S. Supreme Court Blocks Federal Vaccine Mandate On Large Businesses With 100 Employees Or More, But Allows Mandate For Healthcare Workers In Facilities Participating In Medicare Or Medicaid

On January 13, 2022, the Supreme Court, in a 6-3 opinion, blocked the Biden Administration’s vaccine and testing mandate aimed at large businesses with at least 100 employees. The mandate would have reached some 80 million individuals and would have required employers with 100 or more employees to ensure that their employees were fully vaccinated […]

Truckers Seek to Halt California Regulations Imposing Multi-Billion Dollar Interstate Electric Truck Requirements

  On October 29, 2021, The Cullen Law Firm submitted objections (OOIDA’s comments) to the California Air Resources Board (CARB) on behalf of the Owner-Operator Independent Drivers Association (OOIDA), the nation’s largest trade association representing the interests of independent truckers, regarding CARB’s proposed Advanced Clean Fleets (ACF) Regulations which seek to require virtually every single […]

OOIDA Tells Supreme Court that California’s AB 5 Eliminates the Business Model Driving the Trucking Industry—Independent Owner-Operators.

  On September 10, 2021, the Cullen Law Firm filed on behalf of the Owner-Operator Independent Drivers Association a brief as amicus curiae in support of truckers challenging California’s worker classification rule, AB 5. OOIDA stressed to the high court that the independent owner-operator model represents the lifeblood of the interstate trucking industry, providing small […]

Supreme Court asked to review decision narrowing Commerce Clause and expanding Market Participant exception. Lower court decision leaves no constitutional limit on the highway tolls a state could impose on vehicles moving in interstate commerce.    Petition for certiorari can be found here, Seventh Circuit decision here. Amicus briefs in support of this petition are due by […]

Truckers Ask Federal Appeals Court to Rehear its Decision that the Constitution Does Not Limit the Amount of Highway Tolls a State Can Impose on Interstate Commerce

  On March 9, 2021, a three-judge panel of the United States Court of Appeals for the Seventh Circuit affirmed a lower court ruling that the Constitution does not limit the amount of highway tolls a state can impose on trucks operating in interstate commerce. The opinion in case no. 20-1445, authored by Circuit Judge […]

OOIDA Explains to Supreme Court How False Reporting Hurts Truckers’ Reputations and Employability

  On March 10, the Owner-Operator Independent Drivers Association, Inc. (OOIDA) filed an amicus brief with the Supreme Court of the United States in TransUnion LLC v. Ramirez, outlining the damage caused to truckers by inaccurate and misleading reporting, emphasizing the importance of being able to hold consumer reporting agencies liable for inaccurate employment histories […]

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, […]