Tag: California Trucking

Judge Blocks AB5 from California Trucking

Bob Holtzman

For those working as independent contractors in California, a lot of news has been swirling around in regards to their worker classification with their clients. From graphic designers to business consultants, a lot of professionals have had to rethink the way they operate under the new AB5 regulation passed at the end of 2019.

But quite possibly the biggest industry impacted by the new bill is the trucking industry, which is literally driven by independent trucking professionals who take one-off jobs delivering payloads from one destination to the next throughout the state. And since California’s economy is fueled by trade and commerce trucked along its highways, AB5 brought plenty of controversy with it.

Now, trucking companies and professionals in the industry can breathe a little easier as a federal judge has extended a temporary restraining order keeping officials from enforcing the terms of AB5.

Truckers Find Support

U.S. District Judge Roger Benitez listened to arguments but didn’t issue a full decision in regards to how AB5 will impact those in the industry. Instead, Benitez extended the temporary restraining order that was put in motion on December 31 and will be in effect until he makes a full-on decision on the preliminary injunction, which could take anywhere from a few days to a few weeks.

Some who oppose AB5 say it unfairly hinders trucking professionals and the companies they work for, affecting everything from tax classification to benefits to commercial truck insurance. Some go even further, pointing out that it may have major constitutional issues in terms of how it impacts goods moved not only throughout California but the entire country.

The ABCs of AB5

The California Trucking Association filed a lawsuit challenging AB5 back in November. The new law put into motion a strict ABC test in order to determine the validity of independent contractors and their relationships with clients, such as trucking companies who hire out truckers. One of the requirements prohibited companies from using independent contractors unless the worker was performing work outside the usual course of the hiring company’s business.

CTA stated that AB5 is preempted by the commerce clauses in the U.S. Constitution and comes in conflict with the Federal Motor Carrier Safety Act as well as the Federal Aviation Administration Authorization Act of 1994, which bans states from enacting laws that have an effect on a motor carrier’s prices or services.

However, while this may be a small victory for trucking professionals and organizations like the CTA, the state government is making efforts to enforce AB5. Governor Gavin Newsom’s proposed 2020 budget includes $20 million in additional funding to make sure AB5 is enforced.

But Newsom and other lawmakers are fighting adversity on multiple fronts as the Western States Trucking Association also filed a complementary suit focused on Ab5 and how it treats motor carriers that provide trucking services. And creative professionals, including freelance writers and photographers, filed their own suit in December, alleging that the new bill restricts the media.

And in a state where technology is not only born (i.e. Silicon Valley startup culture) but fuels the economy, it’s no surprise that app-based tech companies such as Uber and Postmates, which run on the efforts of independent contractors, have filed a similar suit of their own.

About Western Truck Insurance Services

Western Truck Insurance Services is a commercial truck insurance agency with roots dating back to 1954. We have evolved into a highly respected, professionally managed, truck and transportation insurance brokerage. The hallmark of our organization is our desire to provide unparalleled service. We go way beyond what you expect to receive from an insurance brokerage. Equipped with state of the art automation, Western Truck Insurance can provide you with lightning fast truck insurance quotes, customer service, Insurance certificates, and coverage changes.

California and Other States Aim to Move to Zero-Emission Trucks

Bob Holtzman

California is leading the charge to enhance public health and move forward more quickly with the transition to cleaner transportation. Along with seven other states, California is committing to develop a plan to put hundreds of thousands of zero-emission trucks and public buses on the road throughout the state.

The California Air Resources Board, in charge of coming up with the action plan, is in the beginning stages of meeting to come up with the particulars of how this can be accomplished. For now, the idea of encouraging cleaner driving opportunities is envisioned through a proposed Advanced Clean Trucks regulation that would establish sales and reporting requirements for zero-emission medium- and heavy-duty vehicles on the road.

It’s not clear whether or not trucking companies and owner-operators who drive traditional emissions trucks in the state will be hit with fines if they don’t fall under regulation. Regardless of this possibility, it’s important for trucking companies to make sure they keep their commercial truck insurance coverage in force and consider pollution insurance as it might relate to their operations.

Trucks are a major contributor to pollution in the country, and since California is a main artery for road-based trade between Mexico, Canada, and the rest of the United States, it’s no wonder something like this is picking up steam. And with the recent passage of the USMCA deal, which is set to enhance more trade between the United States, Mexico, and Canada, using California as a main thoroughfare to move commerce, the chance of cutting down on trucks on the road doesn’t look possible. So, the solution is to come up with ways to cut down on emissions.

States joining California in the regulations and efforts are Connecticut, Maine, Massachusetts, Oregon, Rhode Island, New Jersey, and Vermont. The collaborative effort will also be put in motion and supported by the ZEV Task Force and facilitated by NESCAUM, or the Northeast States for Coordinated Air Use Management. Together, all entities will look to identify and come up with solutions for cost, fueling infrastructure, and other challenges.

California has already invested nearly $1 billion in cap and trade processed into pilot projects to help accelerate the commercialization of zero- and near-zero trucks and buses. Companies like PepsiCo and FedEx are already on board, partnering with stakeholders in the initiatives.

The other states in the effort have offered up incentives for zero-emission freight trucks and transit buses, as well as school buses. Some states have already introduced electric shuttles for public transportation and allocated settlement funds from Volkswagen toward medium- and heavy-duty vehicle electrification.

About Western Truck Insurance Services

Western Truck Insurance Services is a commercial truck insurance agency with roots dating back to 1954. We have evolved into a highly respected, professionally managed, truck and transportation insurance brokerage. The hallmark of our organization is our desire to provide unparalleled service. We go way beyond what you expect to receive from an insurance brokerage. Equipped with state of the art automation, Western Truck Insurance can provide you with lightning fast truck insurance quotes, customer service, Insurance certificates, and coverage changes.

California Trucking Association (CTA) Files Legal Complaint Against AB 5

Bob Holtzman

In California, the state’s governor Gavin Newsom spearheaded a complete upheaval of the labor market. Through a slew of new bills passed this fall, California is redefining what it means to be a contract worker and a full-time employee, while simultaneously changing everything from how people get benefits and find the right kind of insurance.

Taking effect on January 1, 2020, California businesses — especially those that rely on contract workers and hired hands, like transportation and creative services — will have to retool their hiring practices and worker classification. One major bill getting the spotlight is AB 5, which is being described as a piece of legislation that could completely disrupt the gig economy in California, a state that relies heavily on contract workers.

One part of that sector that is feeling the pressure is the trucking industry, which fuels the state’s economy through its massive freight operations throughout the state. However, those in the industry are putting up a fight, hoping to find a better solution for workers.

Taking The Case to Court

In a legal complaint filed on November 12, the California Trucking Association (CTA), along with two owner-operators, argues that AB 5 and Dynamex are preempted by federal law and looks to enjoin application of those regulations to the trucking industry as a whole.

The case (California Trucking Association v. Becerra et al.) is currently pending in the U.S. District Court for the Southern District of California. In it, the CTA and the owner-operators on file allege that the new law would make it impossible for CTA’s motor-carrier members to have the same impact in their trucking services due to how it would change the way companies classify truck drivers.

With the current owner-operator model, which hires out drivers as contractors instead of full-time, permanent employees as the new bill would make mandatory, the benefit is that it provides motor-carriers and contractors the flexibility to meet the fluctuating needs of the shipping market.

Testing The Market

The main part of the new bill that has come under scrutiny is the ABC test, which categorizes drivers as employees of a company rather than independent contractors. Under the new test, an individual is classified as an employee, full-time, unless the employer can prove that:

  • A. the worker is free from the company’s control
  • B. the worker performs work that isn’t central to the company’s business
  • C. the worker has an independent business, trade or occupation in the industry

The CTA alleges that the test will prohibit the traditional owner-operator model the trucking industry has relied on. This, the CTA says, will bring economic hardship to not only truck drivers and trucking companies but the businesses they work with in trucking commodities, such as perishables, throughout the state.

The CTA is trying to address the long-term effects that the new bill would have on the industry and the individuals within it before the January 1 effective date. AB 5’s complete overturn of the trucking industry requires more time and planning from trucking companies to raise the capital to hire drivers and purchase trucks and tools, not to mention take care of benefits and truck insurance.

Right now, the plan is to move forward with ABC testing and classification in a state that relies heavily on independent contractors. The reality is that hundreds of thousands of independent contractors in the state will turn into employees overnight under the bill. Beyond trucking professionals, everyone from dancers to writers to bartenders will be impacted in some way.

About Western Truck Insurance Services

Western Truck Insurance Services is a commercial truck insurance agency with roots dating back to 1954. We have evolved into a highly respected, professionally managed, truck and transportation insurance brokerage. The hallmark of our organization is our desire to provide unparalleled service. We go way beyond what you expect to receive from an insurance brokerage. Equipped with state of the art automation, Western Truck Insurance can provide you with lightning fast truck insurance quotes, customer service, Insurance certificates, and coverage changes.

California Truckers Protested AB 5 Last Month

Bob Holtzman

Earlier this year, the state of California set into motion a new piece of legislation aimed at redefining independent contractors, a rising professional landscape in a state where freight, trucking, and the gig economy are growing. Known as the “gig worker bill,” this puts truck drivers in a bad spot because under a new worker classification test (ABC Test), a worker is presumed to be an employee, putting the burden on the company that hires them out.

This has upset everything from commercial truck insurance policies, such as truck liability, to Uber drivers to the future status of trucking commodities across the state. More specifically, it’s caused truck drivers to speak out in protest due to its limiting of independent contractors.

In fact, truck drivers took to the streets in November, protesting the new legislation and how it’s affected their hauls from Oakland to Los Angeles to the ports of San Francisco and Long Beach. Truck horns and chants could be heard at all these locations last month, as dozens of truck owner-operators gathered together to protect the gig-work law, which could take away their independent contractor status and, in turn, hurt their potential to be their own boss and earn higher wages.

Set to take effect on January 1, 2020, the AB5 bill creates more challenges for classifying someone as a contractor unless they are free from a company’s control and have their own independent enterprise doing the same kind of work. Protests were coordinated throughout the state by many trucking professionals who feel they are being mistreated by the state. The effort has no affiliation with a specific association, but has picked up steam throughout the state.

Currently, there are more than 70,000 drivers who choose to work as independent operators in the state because of the freedom given to them through the work-model that has been in place for decades. These workers are campaigning for an amendment to the AB5 bill, allowing them to work as independent contractors and set their own hours and earn more compensation.

The state is currently in a shortfall of employee drivers and barring the use of independent operators can only hurt the situation, some say. Some companies are considering separating their brokerage operations from their trucking business. This would make carriers responsible for handling operations with owner-operators through the broker.

About Western Truck Insurance Services

Western Truck Insurance Services is a commercial truck insurance agency with roots dating back to 1954. We have evolved into a highly respected, professionally managed, truck and transportation insurance brokerage. The hallmark of our organization is our desire to provide unparalleled service. We go way beyond what you expect to receive from an insurance brokerage. Equipped with state of the art automation, Western Truck Insurance can provide you with lightning fast truck insurance quotes, customer service, Insurance certificates, and coverage changes.

California Courts Declare Dynamex Ruling Applies Retroactively

Bob Holtzman

In California, the state’s Court of Appeal came to the conclusion that the state’s Supreme Court Dynamex decision was to be applied retroactively. The original case from earlier in the year spun off into legislation known as the AB5 bill, which limits the use of classifying workers as independent contractors rather than employees by companies in the state. For those in the trucking and freight industry, it has been anything but well-received as protests have even been planned out in response to the legislation.

The fallout from the Court of Appeal’s decision outlines that employers who rely on independent contractors may now be subject to potential liability claims for wage and hour disputes based on a legal standard that did not exist before April 2018.

For Dynamex, the California Supreme Court brought on a new test to determine whether a worker is considered an employee or an independent contractor. The new test added two new requirements that an employer must meet to establish the worker is, in fact, an independent contractor. To no surprise, employers are arguing that the new standard should only be applied moving forward.

Regardless of how it’s applied, the legislation is causing confusion around how employers should provide or pursue getting commercial truck insurance. Commercial truck insurance has policy limits that apply to specified workers, and having different or fluid classifications is hard to grasp.

In another case in the state, Gonzales v. San Gabriel Transit, Inc., a transportation driver brought a class-action suit on behalf of himself and other freight drivers, expressing that they were misclassified as independent contractors rather than full-on employees. The issue on appeal zeroed-in on whether or not the claim was suitable for class action certification. And while the transit company in question didn’t bring up the issue on appeal, the Court of Appeal initially considered if the Dynamex rule applied retroactively.

In this case, the court concluded that the Dynamex decision indeed applied retroactively based on the fact that it did not establish a new standard. Employers now have potential risk exposure that goes back years now following the decision (the limit is four years as this is the maximum statute of limitations for wage and hour claims).

Now, trucking companies and professionals in the industry are looking to January 1, 2020, the date that the AB-5 bill, spun out from the Dynamex court decision, will take effect. The bill expands on Dynamex, applying the test to all claims coming out of the Labor Code of California. The difference being that the Dynamex decision has been seen as only applying to claims coming from California Wage Orders.

About Western Truck Insurance Services

Western Truck Insurance Services is a commercial truck insurance agency with roots dating back to 1954. We have evolved into a highly respected, professionally managed, truck and transportation insurance brokerage. The hallmark of our organization is our desire to provide unparalleled service. We go way beyond what you expect to receive from an insurance brokerage. Equipped with state of the art automation, Western Truck Insurance can provide you with lightning fast truck insurance quotes, customer service, Insurance certificates, and coverage changes.

Recent Bills Create Trouble for California Truckers

Bob Holtzman

California Governor Gavin Newsom has been busy this year with deploying new state government bills surrounding truckers and other contract workers in the state. This fall, Newsom signed three bills into law that add more to the state’s hold on the trucking industry, adding more regulatory costs and compliance burdens on companies of all sizes, and possibly causing smaller companies to have to shudder.

Senate Bill 210, for example, creates a new emissions inspection program for commercial trucks. The law requires that a new Heavy Duty Vehicle Inspection and Maintenance Program for trucks and other heavy vehicles be implemented by the California Air Resources Board (CARB). CARB will also move forward with creating licensing standards for the inspection and repair shops throughout the state and oversee a new compliance certificate that truck drivers will have to keep with them in the vehicle. Additional fees will be put forth toward the new Truck Emissions Check Fund.

Clearing the Air

California air regulators have already put in motion that the trucking industry makes more efforts to be more energy-efficient and boast cleaner engines, cutting down on the smog. The Statewide Truck and Bus Rule set back in 2008 requires all heavy-duty trucks have new or retrofitted engines in order to operate on California roads. This major expense didn’t get a lot of legislative support, which is why the revised SB 210 bill was put in place to acknowledge the investments made by the trucking industry as a whole to upgrade the fleets on the road.

Trucking companies may now have to buy new equipment under another new bill, SB 44. The bill directs CARB to update its 2016 mobile source strategy to include a “comprehensive strategy for the deployment of medium-duty and heavy-duty vehicles.” The California senate wrote out an analysis of the bill, stating that CARB will be making its own new regulations to uphold and support more commercialization efforts of medium- and heavy-duty trucks that help to reduce greenhouse gases. A goal that has been speculated is that this will prompt manufacturers to produce more electric or hydrogen-based trucks.

Jeopardy on the Road

The bill that’s been getting the majority of the attention in the industry, however, is the recently passed AB 5, which will essentially end the practice of truckers working as independent contractors. Trucking firms will now have to hire drivers as employees instead of contract workers, making them responsible for everything from payroll taxes to workers’ compensation insurance, commercial truck insurance, and paid sick days, among other regular job perks.

Smaller companies are already starting to see the squeeze the bill is having on the industry, with some having to close up shop or lay off the majority of their drivers due to the new fees. The cost of trucking is built into the price of everything that is trucked throughout the state.

About Western Truck Insurance Services

Western Truck Insurance Services is a commercial truck insurance agency with roots dating back to 1954. We have evolved into a highly respected, professionally managed, truck and transportation insurance brokerage. The hallmark of our organization is our desire to provide unparalleled service. We go way beyond what you expect to receive from an insurance brokerage. Equipped with state of the art automation, Western Truck Insurance can provide you with lightning fast truck insurance quotes, customer service, Insurance certificates, and coverage changes.

AB-5 Signed Into Law: What That Means for Truck Drivers

Bob Holtzman

This past September, California Governor Gavin Newsom signed into law new legislation focused on making things a little more difficult for independent owner-operators, such as truck drivers and gig economy workers, possibly even putting them out of business.

The AB-5 legislation originally passed the California State Assembly back in May and was passed by the state Senate on September 10. What it does is move last year’s Dynamex California Supreme Court decision into law, which established an ABC test to determine the status of an independent contractor that could essentially eliminate the owner-operator model in California, and disrupting everything from investing in commercial truck insurance, such as general liability insurance, and the sharing economy.

Taking effect starting January 1, 2020, those in the trucking industry could find themselves in the crosshairs. So, what does this all mean for trucking professionals?

Trucking Companies and Professionals in AB-5

While there is little proof that trucking professionals and companies have abused the independent contractor model in the state, AB-5 is still in place to essentially paint with a broad brush in banning the use of independent contractors rather than deal with individual abuses.

The state’s trucking industry has been trying to work with legislators to find exceptions for legitimate independent contractors who follow the rules. Many workers are exempted from this ruling, like doctors, dentists, and engineers, but not trucking or gig economy workers, like those working for Lyft or Uber.

The new bill does not necessarily distinguish between a driver who’s an independent contractor under a truck lease-program and someone who owns their own truck. Those opposed to the ruling argue that this essentially destroys the independent contractor model for trucking.

In California, there are more than small 136,000 trucking companies that are locally owned with small fleets and independent drivers who take care of their operations. This means that motor carriers and owner-operators are left in the lurch trying to figure out a strategy for what they can do now.

California is currently experiencing a truck driver shortage, much like the rest of the nation, but maybe even more so, since the state is highly dependent on the flow of goods coming from Mexico or Arizona. The new measure may aggravate the issue at hand by removing thousands of drivers from the road because of de-classifying them.

Currently, there are lawsuits that have been filed to fight the issue and look for ways to exempt these companies and their drivers from the classification. Additionally, companies like Uber, Lyft, and DoorDash, all dependent upon independent contractors, have invested in a collective of $90 million to bring this issue to the ballot during the next voting season.

About Western Truck Insurance Services

Western Truck Insurance Services is a commercial truck insurance agency with roots dating back to 1954. We have evolved into a highly respected, professionally managed, truck and transportation insurance brokerage. The hallmark of our organization is our desire to provide unparalleled service. We go way beyond what you expect to receive from an insurance brokerage. Equipped with state of the art automation, Western Truck Insurance can provide you with lightning fast truck insurance quotes, customer service, Insurance certificates, and coverage changes.

Compliance Requirements for California Vehicles

Bob Holtzman

In recent years, California has seen a number of regulations change or be created in order to cut down on emissions, greenhouse gases, and traffic while boosting alternative fuels, for example. One industry affected by new rules and regulations is the freight industry, or trucking, which plays a huge role in the state’s economy.

Last year, California saw record-setting levels of freight-hauling demand and driver pay as trucking levels reached a 20-year high. From produce to animals to tech commodities, California sees high numbers of trucking freight hit the roads. But State regulations of trucking and bus operations are finding numerous ways to hit the trucking industry.

Here is a better look at how compliance requirements in California are affecting the freight and transportation industries.

Vehicles Affected by Regulations

The Truck and Bus regulation affects individuals, private companies, and Federal agencies that own and operate diesel vehicles that weigh in at more than 14,000 pounds. But it also extends out to publicly and privately owned school buses, even though their compliance requirements differ. Local and state government vehicles aren’t affected by the regulations because they are already subject to other regulations.

Heavier Trucks and Buses

Heavier trucks and buses on the road that weigh more than 26,000 pounds must comply with a set schedule by engine model year or owners can report to show compliance with more options. Engines made any time after 1996 should have an OEM or retrofit PM filter installed as vehicles made prior to 1996 should have already been replaced by January 1, 2015. The goal from the state is to have all trucks and buses driving with 2010 model engines by January 1, 2023.

PM Filters

Some trucking companies and individual owners have sought more information on PM filter installations. These are the filters that reduce particulate matter and cut down on smog and pollution. Owners who did not install PM filters before January 1, 2014, and do not use flexibility options are required to replace existing trucks according to their model year schedule.

Getting hit with fines can be costly and sideline a trucking company’s business altogether; especially smaller companies that can’t afford to have their trucks sit while they work on getting compliant, which is also a costly endeavor. While not all claims can be held off, there are options to keep fines low and representation costs minimized. Through comprehensive truck insurance, trucking companies can limit their exposures and make sure the increased values of their equipment are properly protected.

What About Lighter Trucks?

Lighter trucks and buses that fit right in the middle of that 14,000-26,000-pound window already had engine replacement requirements set on January 1, 2015. Lighter vehicles with engines that are more than 20 years old need to be replaced with newer trucks or engines, and beginning January 1 of next year, all remaining vehicles who have yet to take this step need to have 2010 engines or newer.

About Western Truck Insurance Services

Western Truck Insurance Services is a commercial truck insurance agency with roots dating back to 1954. We have evolved into a highly respected, professionally managed, truck and transportation insurance brokerage. The hallmark of our organization is our desire to provide unparalleled service. We go way beyond what you expect to receive from an insurance brokerage. Equipped with state of the art automation, Western Truck Insurance can provide you with lightning fast truck insurance quotes, customer service, Insurance certificates, and coverage changes.

AB 5 Passes California State Senate Hearing – What Does this Mean?

Bob Holtzman

In California, the trucking industry is in the middle of a legislative upheaval over certain exemptions and tests for truck drivers on the state’s highways. Legislation that could disrupt the owner-operator trucking model in California is headed to Governor Gavin Newsom’s desk to be signed.

Assembly Bill 5 (AB5) passed the state senate’s Standing Committee on Labor, Public Employment and Retirement by a 4 to 1 vote, opening to door to codify the ABC test for employee status prescribed in the 2018 Dynamex decision.

Supporting the legislation would help to seek to protect workers from employers that attempt to classify them as independent contractors instead of employees. It could also affect the price of ride-sharing apps like Uber and Lyft, which will likely create higher prices for consumers.

What the Bill Is

Under the bill, many workers who are currently under the label of independent contractor would be considered employees. This would make them subject to the state labor laws in California. What’s more, employers would have to pay payroll taxes, provide benefits, overtime, minimum wage, workers’ compensation and, in many cases, also provide the commercial truck insurance.

Opposing the Bill

The bill in its current form would hurt the owner-operators who want to stay independent. The test, which designates employee status in the legislation, provides no leeway for independent truck drivers who work with other trucking companies; including truck brokers. Trucking associations, such as the Western States Trucking Association (WSTA) have come out against the bill. They warn that the liabilities that come from it would hit employers as a result of reclassification and would ultimately lead to many, if not most, refusing to work with owner-operators.

What Happens Now?

Now, the future of the legislation is still a bit hazy. AB5 needs to be taken up by the state Senate’s Appropriations Committee, which won’t happen until later this month after the legislature’s recess is up. From there, the bill would go to the Senate floor for a major vote. If successful there, it then passes on to the Assembly chamber for a concurrence vote.

In the end, if it hurdles over those steps, the bill would then head to Gov. Newsom for signing, although Newsom does have the power to veto. Another hitch is that the bill needs to be passed by September 13 when it would die if not written into law.

Make sure to check back for future updates on this legislation.

About Western Truck Insurance Services

Western Truck Insurance Servicesis a commercial truck insurance agency with roots dating back to 1954. We have evolved into a highly respected, professionally managed, truck and transportation insurance brokerage. The hallmark of our organization is our desire to provide unparalleled service. We go way beyond what you expect to receive from an insurance brokerage. Equipped with state of the art automation, Western Truck Insurance can provide you with lightning fast truck insurance quotes, customer service, Insurance certificates, and coverage changes.

FMCSA Update: California Yields to Preemption Determination

Bob Holtzman

Following the Federal Motor Carrier Safety Administration’s determination in December of last year that federal law preempts California’s meal and rest break rules, many trucking companies are trying to determine how this is going to affect them with the California courts.  Los Angeles Superior Court became the first state court in California to apply the determination to armored truck driver claims for meal and break rules in the state; decided in favor of the Federal Rules.

Let’s take a closer look at what the preemption determination is and how trucking companies should proceed.

How to Proceed with This Ruling

 The recent court orders are good news for trucking businesses with drivers subject to federal rules, but these companies should still be concerned about the state objectives on enforcing the meal and break rules. Trucking companies can still be hit with claims from drivers, and their opportunistic attorneys when it comes to rest and meal breaks. Having a knowledgeable commercial truck insurance broker to consult with is an added avenue of defense.

Preemption Determination

The FMCSA decided in December of 2018 that federal transportation law preempts (takes priority over) California’s meal and rest break rules when a driver is subject to federal hours-of-service requirements. Essentially, what this means is that California’s laws were looked at as incompatible with the federal regulations, which is causing a burden on interstate commerce.

Applying the FMCSA’s Rules

In May of this year, a district court in California ruled on the issue and dismissed a claim made for truck drivers meal and rest breaks. The court made it known that it doesn’t have the authority to enforce the regulations around meal and rest breaks. Following that ruling, the Los Angeles Superior Court, as mentioned above, made its decision surrounding armored truck drivers’ meal and rest break claims, determining that federal rules governing the hours of service for both long- and short-haul drivers preempt (take priority over) the state rules in California.

The court ruled that it was “obligated to recognize the supremacy of federal law under the United States Constitution and the oath of judicial office”. The court also determined that it has no choice “but to respect and enforce the FMCSA Administration’s preemption determination without trying to second-guess its legal or policy correctness.”

This issue will be continually evolving. Keep an eye out for future blogs with updates on this ruling.

About Western Truck Insurance Services

Western Truck Insurance Services is a commercial truck insurance agency with roots dating back to 1954. We have evolved into a highly respected, professionally managed, truck and transportation insurance brokerage. The hallmark of our organization is our desire to provide unparalleled service. We go way beyond what you expect to receive from an insurance brokerage. Equipped with state of the art automation, Western Truck Insurance can provide you with lightning fast truck insurance quotes, customer service, Insurance certificates, and coverage changes.