Latest news with #OOIDA
Yahoo
20-05-2025
- Automotive
- Yahoo
OOIDA's fight against AB5 in California dealt another loss
The last-gasp battle against implementing California's AB5 independent contractor law in the trucking sector has taken what might be its final blow in a federal appellate court. The 9th U.S. Circuit Court of Appeals ruled for the second time that AB5 does not violate various laws that might have kept it from becoming the law of the land in trucking. AB5 has been in effect in numerous other sectors since the start of 2020, though dozens of industries have been granted exceptions from the law. The court, in a six-page decision handed down Friday, made quick work of the arguments of the Owner-Operator Independent Drivers Association in its appeal of a lower court decision from March 2024 that upheld enforcing AB5 in California trucking. The OOIDA lawsuit had roots that went back to a 2019 action by the California Trucking Association against AB5, which OOIDA joined as a co-defendant in November 2023. But after the March 2024 defeat, CTA pulled out of the case, leaving OOIDA to fight on alone in an effort that few trucking attorneys saw as likely to succeed. Legal arguments in OOIDA's effort were different from those in the original push by CTA, which succeeded in putting AB5 on the shelf in trucking for more than two and a half years on the back of a New Year's Eve 2019 injunction. But that lower court injunction was ultimately overturned by the same 9th Circuit court (though with different members on the three-judge panel), and the Supreme Court decision not to review the Circuit Court decision meant that AB5, in the summer of 2022, went into effect in California's trucking market. Since it joined the case with CTA, OOIDA's emphasis in its push against AB5 was on different legal arguments than the CTA case. But the 9th Circuit affirmed the lower court in just six pages. The court in its decision did little more than quote earlier precedents on the issues raised by OOIDA. For example, on the OOIDA claim that AB5 violates the Dormant Commerce Clause of the U.S. Constitution, the appellate court quoted a precedent saying the clause 'is not a roving license for federal courts to decide what activities are appropriate for state and local government to undertake, and what activities must be the province of private market competition.' Quoting another precedent, the panel said the Supreme Court 'has frequently admonished that courts should not second guess the empirical judgments of lawmakers concerning the utility of legislation.' (As a Harvard Law Review article noted last year, the Dormant Commerce Clause has been interpreted by the Supreme Court 'not only as an affirmative grant of power to Congress but also as a restraint on the legislative authority of states.') The OOIDA argument has been that AB5 discriminates between intrastate and interstate drivers, violating the Dormant Commerce Clause. But laying out its own arguments, the appellate court said OOIDA 'implicitly concedes … AB5 does not preclude out-of-state drivers from working in California, nor does it favor in-state drivers at the expense of out-of-state drivers. At worst, AB5 restricts what kind of drivers may operate in California.' OOIDA had argued that the multistep business-to-business exception in AB5 also did not violate the Dormant Commerce Clause. The B2B exception is a high hurdle to meet to prove a driver is truly independent and not effectively an employee. OOIDA's argument was that the B2B exception can only be achieved by an in-state driver given various federal restrictions. But the appellate court said OOIDA did not make its case how the B2B exception was discriminatory 'when the regulations apply to all drivers engaged in interstate commerce, including California-based drivers.' The appellate court said there is no conflict with the Equal Protection Clause of the Constitution, because interstate and intrastate drivers are not treated differently. OOIDA released a statement that it was 'disappointed with this news and assessing options.' The next step would either be to request the 9th Circuit review the decision en banc – a larger number of judges taking up the appeal – or to appeal for review to the Supreme Court. Getting either an en banc or Supreme Court review hearing has a low chance of success. A third option would be for OOIDA to view the 9th Circuit decision as the end of the road for the trucking industry's litigation against implementing AB5 in trucking. AB5 was passed by California lawmakers in 2019 and signed by Gov. Gavin Newsom. Since the day it was signed, trucking's view of the three-step test for determining whether a worker is truly independent or is effectively an employee has focused on the B prong. That section says an independent worker is one who 'performs work that is outside the usual course of the hiring entity's business.' A driver on a lease plan with a trucking company providing work – trucking – that is the usual course of the hiring entity's business was always seen as likely to trip up some carriers. But almost three years after the injunction against AB5 in trucking was lifted, there are no known actions by the state against any carriers for AB5 violations, nor lawsuits from aggrieved drivers claiming AB5 violations. More articles by John Kingston Georgia tort reform aims to change practices in judicial 'hell hole' New Jersey, feds take opposite paths on independent contractor rules State of Freight takeaways: Freight crash may turn into sudden revival The post OOIDA's fight against AB5 in California dealt another loss appeared first on FreightWaves.
Yahoo
16-05-2025
- Automotive
- Yahoo
SONAR's Trade War Command Center; Nikola & CARB: Who killed the hydrogen truck?
On episode 839 of WHAT THE TRUCK?!? Dooner is catching up with SONAR's Will Hopping to learn all about their new , which tracks freight trends, rates and disruptions in real-time. Nikola and CARB, who killed the hydrogen truck? William Hall took the plunge and bought a Nikola. Now that the company is bankrupt, have he and other owner-operators been left holding the bag? He shares his experience and updates us on his ownership experience. OOIDA is celebrating its annual Truckers for Troops event. Over the past 17 years, OOIDA has raised more than $800,000 and sent more than 3,278 care packages, serving more than 39,276 members of the military. Norita Taylor fills us in. Catch new shows live at noon EDT Mondays, Wednesdays and Fridays on FreightWaves LinkedIn, Facebook, X or YouTube, or on demand by looking up WHAT THE TRUCK?!? on your favorite podcast player and at 5 p.m. Eastern on SiriusXM's Road Dog Trucking Channel 146. Watch on YouTube Check out the WTT merch store Visit our sponsor SONAR Trade War Command Center Subscribe to the WTT newsletter Apple Podcasts Spotify More FreightWaves Podcasts The post SONAR's Trade War Command Center; Nikola & CARB: Who killed the hydrogen truck? | WHAT THE TRUCK?!? appeared first on FreightWaves. Error in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data
Yahoo
30-04-2025
- Automotive
- Yahoo
President Donald Trump Signs Executive Order Requiring Truck Drivers Speak English
On Monday (April 28), President Donald Trump signed an executive order mandating that commercial truck drivers in the United States be proficient in English. The full text explained the move as 'common sense' as the Trump administration continues to make unprecedented moves in the White House. The order is expected to be enforced in 60 days. 'They should be able to read and understand traffic signs, communicate with traffic safety, border patrol, agricultural checkpoints, and cargo weight-limit station officers,' relayed the order. 'Drivers need to provide feedback to their employers and customers and receive related directions in English. This is common sense.' Trump continued to detail, 'My Administration will enforce the law to protect the safety of American truckers, drivers, passengers, and others, including by upholding the safety enforcement regulations that ensure that anyone behind the wheel of a commercial vehicle is properly qualified and proficient in our national language, English.' According to Newsweek, the Enforcing Commonsense Rules Of The Road For America's Truck Drivers order reversed a 2016 memorandum 'issued during former President Barack Obama's administration, which removed the requirement to place drivers out of service for English Language Proficiency (ELP) violations and eased enforcement standards.' Owner-Operator Independent Drivers Association Todd Peters shared his organization's support of the order with the outlet via email. In his message, he communicated the following: 'OOIDA and the 150,000 truckers we proudly represent strongly support President Trump's decision to resume enforcement of English proficiency requirements for commercial drivers. Basic English skills are essential for reading critical road signs, understanding emergency instructions, and interacting with law enforcement. Road signs save lives—but only when they're understood. That's why OOIDA petitioned the Commercial Vehicle Safety Alliance earlier this year to reinstate English proficiency as an out-of-service violation. Today's announcement is a welcome step toward restoring a common-sense safety standard.' As noted by Jalopnik, truck drivers have already proven their English-speaking capabilities, as they must pass a physical exam, drug test, prove they are legally able to work in the country, pass a written exam, a driving skills test, and a road test, which are all carried out in English. 'You might not know, but there's a lot of communication problems between truckers on the road with federal officials and local officials, as well, which obviously is a public safety risk,' remarked White House Press Secretary Karoline Leavitt on the matter, per The Hill. Transportation Secretary Sean Duffy is tasked with issuing new guidance to the Federal Motor Carrier Safety Administration (FMCSA) and enforcement personnel outlining revised inspection procedures necessary to ensure compliance with the new requirements. More from Barack Obama Says Harvard "Set An Example" After Rejecting Trump Demands President Trump Can't Dismiss Exonerated Five Defamation Lawsuit, Judge Rules Amazon Reportedly Moves To Purchase TikTok Amid Looming Ban
Yahoo
29-04-2025
- Business
- Yahoo
Trump signs executive order demanding truck drivers speak English
President Donald Trump signed an executive order demanding truck drivers operating on America's highways be able to speak English. Trump has already moved to formally recognize English as the official language of the United States and the new order compels the nation's truckers to demonstrate their proficiency before hitting the roads. 'America's truck drivers are essential to the strength of our economy, the security of our nation, and the livelihoods of the American people,' the order states. 'Every day, truckers perform the demanding and dangerous work of transporting the nation's goods to businesses, customers, and communities safely, reliably, and efficiently.' It goes on to argue that proficient English 'should be a non-negotiable safety requirement for professional drivers. 'They should be able to read and understand traffic signs, communicate with traffic safety, border patrol, agricultural checkpoints, and cargo weight-limit station officers. 'Drivers need to provide feedback to their employers and customers and receive related directions in English. This is common sense.' The order goes on to declare that truckers must be able to read and speak English 'sufficiently to converse with the general public' and to direct Transport Secretary Sean Duffy to introduce new testing and enforcement to that effect. A failure to comply with Duffy's new rules will render drivers 'out-of-service.' The new directive is a reversal of a policy change made under Barack Obama's administration that removed the requirement that truck drivers be placed out-of-service if they violate federal English language proficiency rules. Prior to Monday's signing, White House Press Secretary Karoline Leavitt had introduced the order by describing hauliers as 'the backbone of our economy'. 'You might not know, but there's a lot of communication problems between truckers on the road with federal officials and local officials, as well, which obviously is a public safety risk,' she added. Responding to the order, Todd Spencer, president of the Owner-Operator Independent Drivers Association (OOIDA), said: 'OOIDA and the 150,000 truckers we proudly represent strongly support President Trump's decision to resume enforcement of English proficiency requirements for commercial drivers. 'Basic English skills are essential for reading critical road signs, understanding emergency instructions, and interacting with law enforcement.' It was less warmly received on social media, however, with podcaster Brian Allen commenting: 'Nothing screams fixing America like hunting down accents while bridges collapse and inflation guts the country.' An anti-Trump account meanwhile branded the move 'insane' and warned it could cost the Republican Party future votes from freight and logistics sector employees. Novelist Patrick S Tomlinson satirized the policy by imagining truckers complaining that they face having their vehicles repossessed because there is no demand for their services as a result of the president's trade war with China, only for Trump to respond: 'Speak English!'
The Independent
29-04-2025
- Business
- The Independent
Trump signs executive order demanding truck drivers speak English
President Donald Trump signed an executive order demanding truck drivers operating on America's highways be able to speak English. Trump has already moved to formally recognize English as the official language of the United States and the new order compels the nation's truckers to demonstrate their proficiency before hitting the roads. 'America's truck drivers are essential to the strength of our economy, the security of our nation, and the livelihoods of the American people,' the order states. 'Every day, truckers perform the demanding and dangerous work of transporting the nation's goods to businesses, customers, and communities safely, reliably, and efficiently.' It goes on to argue that proficient English 'should be a non-negotiable safety requirement for professional drivers. 'They should be able to read and understand traffic signs, communicate with traffic safety, border patrol, agricultural checkpoints, and cargo weight-limit station officers. 'Drivers need to provide feedback to their employers and customers and receive related directions in English. This is common sense.' The order goes on to declare that truckers must be able to read and speak English 'sufficiently to converse with the general public' and to direct Transport Secretary Sean Duffy to introduce new testing and enforcement to that effect. A failure to comply with Duffy's new rules will render drivers 'out-of-service.' The new directive is a reversal of a policy change made under Barack Obama 's administration that removed the requirement that truck drivers be placed out-of-service if they violate federal English language proficiency rules. Prior to Monday's signing, White House Press Secretary Karoline Leavitt had introduced the order by describing hauliers as 'the backbone of our economy'. 'You might not know, but there's a lot of communication problems between truckers on the road with federal officials and local officials, as well, which obviously is a public safety risk,' she added. Responding to the order, Todd Spencer, president of the Owner-Operator Independent Drivers Association (OOIDA), said: 'OOIDA and the 150,000 truckers we proudly represent strongly support President Trump's decision to resume enforcement of English proficiency requirements for commercial drivers. 'Basic English skills are essential for reading critical road signs, understanding emergency instructions, and interacting with law enforcement.' It was less warmly received on social media, however, with podcaster Brian Allen commenting: 'Nothing screams fixing America like hunting down accents while bridges collapse and inflation guts the country.' An anti-Trump account meanwhile branded the move 'insane' and warned it could cost the Republican Party future votes from freight and logistics sector employees. Novelist Patrick S Tomlinson satirized the policy by imagining truckers complaining that they face having their vehicles repossessed because there is no demand for their services as a result of the president's trade war with China, only for Trump to respond: 'Speak English!'
