Connect with us

The Nation

Teamsters Union asks appeals court to reverse FMCSA preemption of California meal, rest break laws

Published

on

ALAMEDA, Calif. — The International Brotherhood of Teamsters has filed a petition with the Ninth Circuit Court of Appeals asking the court to review the determination of preemption issued by the Federal Motor Carrier Safety Administration on December 21 that preempts the State of California’s meal and rest break rules, which differ from current federal Hours of Service regulations.

The petition was filed on behalf of Teamsters Local 2785 and Everardo Luna, who the union identified as “one of those truck drivers who works for a motor carrier which presently provides meal periods and rest breaks.”

The union’s petition, filed December 27, asks the court to review the FMSCA’s ruling and “to reverse the ruling in its entirety or for such relief as the court deems proper.”

The FMCSA’s determination of preemption was in response to a petition filed September 24, 2018, by the American Trucking Associations after several attempts to legislatively deal with the conflicting meal and rest break laws were continuously rebuffed.

The ATA petition said California’s meal and rest break law should be preempted because they were in conflict with federal Hours of Service regulations.

The California law requires employers to provide a “duty-free,” 30-minute meal break for employees who work more than five hours a day as well as a second “duty-free,” 30-minute meal break for people who work more than 10 hours a day. Other states followed, enacting their own break rules. Nearly 20 states have their own separate meal and rest break laws, but the December 21 ruling by FMCSA deals only with the California law.

Federal HOS rules require professional truck drivers to take a 30-minute rest break no longer than eight hours after the last off-duty period or sleeper berth period of that length no more than five hours after going on duty.

Meal and other rest breaks can be taken at any time and count against a driver’s 14-hour on duty time.

It remains uncertain whether other states will accept the FMCSA ruling as applicable to conflicts between their laws and HOS rules.

FMCSA did not specify when drivers must take the 30-minute break, but the rule requires that they wait no longer than 8 hours after the last off-duty or sleeper-berth period of that length or longer to take the break.

In filing the request for review, the Teamsters said the petitioners had been adversely affected by the FMCSA’s decision.

“Petitioner International Brotherhood of Teamsters, Local 2785 is the collective bargaining representative of many truck drivers who work for motor carriers subject to this ruling who currently provide rest breaks and meal periods,” the union’s request for review said. “Petitioner Everardo Luna is one of those truck drivers who works for a motor carrier which presently provides meal periods and rest breaks. Truck drivers represented by Teamsters Local 2785 and other individual truck drivers like Mr. Luna will lose their right to rest breaks and meal periods as provided by California law if the determination is not reversed.”

The union had first blasted the agency’s decision when it was announced late in the afternoon December 21, a Friday.

“FMCSA’s suggestion that California’s meal and rest break rules negatively impact highway safety is ludicrous,” the union said in a news release “The idea that providing a 10-minute rest break after four hours and a 30-minute meal break after five hours somehow makes the roads less safe is beyond comprehension. This is simply a giveaway to the trucking industry at the expense of driver safety. The FMCSA decision to bail out the trucking industry after it failed to achieve a legislative fix and numerous court rejections — and to do it late on a Friday before a holiday — smacks of political cronyism at its worst.

“The announcement was made at 4:30 p.m. (EST) on Friday, December 21, 2018, in what was clearly an effort to avoid public scrutiny of the corporate giveaway at the expense of working men and women.”

It wasn’t the first time the FMCSA had made a “midnight” announcement of a key decision around the Christmas holiday.

The Notice of Proposed Rulemaking for the Obama administration’s Hours of Service proposal was issued the afternoon of December 23, 2010, a Thursday.

The Final Rule on Hours of Service was released on December 22, 2011, also a Thursday.

By petitioning the Ninth Circuit Court of Appeals for relief from the FMCSA ruling, in effect the case winds up right where it started.

In mid-2014, the Ninth Circuit concluded that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt the application of California’s meal and rest break laws to motor carriers because these state laws are not sufficiently “related to” prices, routes, or services, thus requiring trucking companies that have operations in California will be required to comply with California’s meal and rest break laws instead of the Department of Transportation regulations.

Congress passed the FAAAA for the purpose of preempting state trucking regulations following the deregulation of the trucking industry.

The FAAAA preempted state laws or regulations or any other provision having the force and effect of law “related to a price, route, or service any motor carrier.”

 

 

 

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

The Nation

Mack Trucks doubles down on debut of RoadLife 2.0

Published

on

Mack Trucks kicked off RoadLife 2.0 with the debut of two episodes on roadlife.tv. One features the grueling efforts of Alaska Department of Transportation snowplow drivers to clear one of the snowiest highways in the United States. (Courtesy: MACK TRUCKS)

GREENSBORO, N.C. — Mack Trucks is doubling down on the debut of RoadLife 2.0 with the launch of two episodes on roadlife.tv.

Featuring the grueling efforts of Alaska Department of Transportation snowplow drivers to clear one of the snowiest highways in the U.S., to the challenge of building a modern logistics business from the ground up, RoadLife 2.0 picks up from last season, sharing the stories of everyday people doing extraordinary things.

“Our first episodes feature Alaska DOT and Full Tilt Logistics, two organizations with very different missions,” said John Walsh, Mack Trucks vice president of marketing. “Yet in both of their stories, a number of commonalities emerge: hard work, dedication and the ability of Mack trucks to help them achieve success.”

The Richardson Highway is the only road in and out of Valdez, Alaska, the terminus for the Trans-Alaska oil pipeline, and Alaska DOT relies on two Mack Granite model snowplows to keep the road open.

Battling in the neighborhood of 400 inches of snow annually, Alaska DOT relies on the trucks’ brute strength to clear the road, as well as some high-tech tools to make sure they stay on the road, even in whiteout conditions. A sophisticated differential GPS system with an in-cab display shows drivers where the truck is located to within less than an inch.

“Now, it’s almost like a video game,” said Mark Hanson, Alaska DOT terminal manager in describing the differential GPS system. “If I start going over the centerline, the indicator on screen turns red to tell me I’m not where I need to be. If I’m in a white out, I still know where I’m at in the road.”

Reno, Nevada-based Full Tilt Logistics takes the meaning of a family business to the next level. Starting with just three trucks, five members of the Novich family quickly grew the business into a 16-truck fleet hauling high-value loads across the western United States.

Full Tilt operates with the Mack Anthem model.

“When we were first starting out, I was doing some research into the driver shortage, where it’s at now and where it’s going,” said Cris Novich, managing director, transportation for Full Tilt Logistics. “It became abundantly clear that our No. 1 customer is the driver. If we keep them happy, they will want to come work here.”

Additional RoadLife 2.0 episodes will premiere throughout the summer and into the fall. Viewers can watch RoadLife episodes on roadlife.tv and Amazon Prime Video, with additional content featured on Mack Trucks’ social channels: Facebook, Twitter, Instagram, LinkedIn and YouTube.

 

 

 

 

 

Continue Reading

The Nation

WIT, Freightliner seek nominee for Influential Woman in Trucking Award

Published

on

The winner of the 2019 Influential Woman in Trucking award will be announced at the WIT Accelerate! Conference & Expo held in Dallas September 30-October 2. (Courtesy: WOMEN IN TRUCKING)

PLOVER, Wis. — Women In Trucking Association and Freightliner Trucks are seeking candidates for the 2019 Influential Woman in Trucking award.

The award was created in 2010 and recognizes women who make or influence key decisions in a corporate, manufacturing, supplier, owner-operator, driver, sales or dealership setting.

The winner must have a proven record of responsibility and have mentored or served as a role model to other women in the industry.

“The Influential Woman in Trucking Award recognizes exceptional women leaders who have been advocates and role models to others,” said Ellen Voie, president and CEO, Women In Trucking. “Each year, I am thoroughly impressed by the caliber of women nominated.”

Now in its ninth year, the award honors female leaders in the trucking industry.

Past recipients include Marcia Taylor, CEO of Bennett International Group; Rebecca Brewster, president and COO, American Transportation Research Institute; Joyce Brenny, president, Brenny Transportation/Brenny Specialized; Rochelle Bartholomew, CEO, CalArk International; Kari Rihm, president, Rihm Kenworth; Ramona Hood, vice president of operations, planning and strategy, FedEx Custom Critical; Daphne Jefferson, former deputy administrator at the Federal Motor Carrier Safety Administration, and Angela Eliacostas, founder and CEO, AGT Global Logistics.

“When I first started my career, there were very few women in the trucking industry let alone in leadership positions,” said Kary Schaefer, general manager, marketing and strategy, Freightliner Trucks and Detroit Components. “It’s amazing to see how the industry has changed and women are now a driving force in all areas of trucking. Freightliner is proud to sponsor this award and recognize those women who are not only making a difference in their own roles but for all women in the trucking profession.”

Nominations will be accepted through August 1 at https://www.womenintrucking.org/influential-woman-in-trucking.

The winner will be announced at the WIT Accelerate! Conference & Expo held in Dallas September 30-October 2.

Each finalist will be asked to serve as a panelist for the “Influential Women in Trucking” panel discussion. Those who nominate a candidate need to ask the nominee to save the date for this event if she is named a finalist.

Women In Trucking Association, Inc. is a nonprofit association established to encourage the employment of women in the trucking industry, promote their accomplishments and minimize obstacles faced by women working in the trucking industry. Membership is not limited to women, as 17 percent of its members are men who support the mission.

 

 

 

 

Continue Reading

The Nation

Group pushes FMCSA for rulemaking before changing crash preventability program

Published

on

The FMCSA's Crash Preventability Demonstration Program came about after motor carriers complained that there was no method in place to determine who was at fault for accidents involving big rigs. (Associated Press)

WASHINGTON — A coalition of 10 trucking-related organizations has petitioned the Federal Motor Carrier Safety Administration for a rulemaking if the agency intends to change how it analyzes and publishes data on motor carrier crashes.

The petition was filed on June 14, 2019, by the Motor Carrier Regulatory Reform (MCRR) coalition, which includes organizations representing more than 10,000 carriers, shippers and brokers.

David Gee, chairman of Alliance for Safe, Efficient and Competitive Truck Transportation (ASECTT) said FMCSA officials have indicated that they plan to make permanent as a matter of enforcement policy its crash preventability pilot program, the Crash Preventability Demonstration Program, which has been in place for nearly two years.

As of the end of the first quarter this year, carriers had submitted nearly 11,000 requests for crash preventability determinations under FMCSA’s narrowly defined program since August 2017. However, Gee said the program has not been subject to a formal rulemaking process.

On its website, the FMCSA said the Crash Preventability Demonstration Program is expected to last a minimum of 24 months.

The agency plans to make the program permanent, Transportation Elaine Chao said during an appearance at the Mid-American Trucking Show in Louisville, Kentucky, in March.

“As you know, this program is a response to industry concerns that crashes caused by factors outside of a driver’s control are still shown on the driver’s record,” Chao said. “Based on positive feedback from industry stakeholders, the Department will propose to make this demonstration program permanent. And, the Department of Transportation will propose to add even more of these scenarios for prevention reviews.”

The demonstration program got its impetus after motor carriers complained that there was no method in place to determine who was at fault for accidents involving big rigs, and drivers were getting penalized on their CSA scores and motor vehicle records, and carriers were getting penalized on their CSA scores.

In its explanation of the program on its website, the FMCSA said studies show that crash involvement is a strong indicator of future crash risk.

“The Crash Preventability Demonstration Program allows FMCSA to gather data to examine the feasibility, costs, and benefits of making crash preventability determinations on certain crash types,” the website says. “FMCSA will use the information from the program to evaluate if these preventability determinations improve the Agency’s ability to identify the highest-risk motor carriers.”

Drivers and carriers alike believe that about 75 percent of the crashes involving tractor-trailers and passenger vehicles are the fault of the driver of the passenger vehicle.

In its petition, the MCRR coalition argued that FMCSA must conduct a rulemaking before adopting any permanent program to call balls and strikes on crashes.

Publication of preventability metrics would, among other things, constitute a violation of the Fixing America’s Surface Transportation (FAST) Act, the Administrative Procedure Act (APA), and federal executive orders intended to protect the industry against bureaucratic overreach in the name of guidance, the coalition told the agency.

The petition said a key problem with FMCSA’s approach is that the term “preventability” is an artificial construct that does not equate to carrier fault, much less to a systemic violation of safety regulations.

The MCRR coalition argues that the publication of preventability data and metrics would result in increased insurance rates and lost business by carriers that the FMCSA acknowledges are fit to operate and, therefore, fit for shippers and brokers to use.

The subjectivity of the preventability standard and its lack of due process suggest that adopting the trial program as policy guidance would hurt the industry, especially small carriers, the petition said.

The Motor Carrier Regulatory Reform coalition is an affiliation of organizations that frequently weigh in with FMCSA and Congress to promote reasonable regulation and enforcement affecting motor carriers and their business partners. The coalition membership varies slightly depending on the particular issue.

For purposes of the crash preventability rulemaking petition the coalition includes the Air and Expedited Motor Carriers Association, the Alliance for Safe, Efficient and Competitive Truck Transportation, the American Home Furnishings Alliance/Specialized Furniture Carriers,  Apex Capital Corp., the Auto Haulers Association of America, the National Association of Small Trucking Companies, the Tennessee Motor Coach Association, The Expedite Alliance of North America, the Transportation & Logistics Council, and the Transportation Loss Prevention & Security Association.

Continue Reading

Trending