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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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
OOIDA and five of its members recently filed a brief in a federal appeals court challenging the October 2018 35% increase in heavy truck tolls on the Indiana Toll Road. The brief explains that the truck tolls violate the U.S. Constitution because they unreasonably burden and discriminate against interstate commerce. The full appeal brief […]
A lawsuit filed in late March by JUMP—Uber’s dockless shared electric scooter and bike service—against the City of Los Angeles serves as a timely reminder that just because you travel on public roadways does not mean the government can engage in unbridled surveillance. JUMP’s challenge to Los Angeles’s data collection policy […]