The NJ General Assembly has passed AB 1578, a bill that creates an employee-driver mandate for drayage companies. The bill has been sent to the NJ Senate where a hearing is tentatively set for Thursday, May 30. The future of the bill is up in the air based on a likely veto from Gov. Chris Christie. IANA and the New Jersey Motor Truck Association, as well as other business groups have opposed the bill since its introduction earlier in the year. In a related item, NY Senate bill SB 4589, which establishes a presumption of employment in the commercial goods transportation industry, has been passed by the Senate’s Labor Committee and sent to the full Senate for action.
April 16, 2013
The ATA filed its Opening Brief with the Supreme Court on the Port of Los Angeles’ mandatory concession agreements on Feb. 15. Oral arguments were heard April 16, 2013. Click here for a copy of ATA’s brief.
March 15, 2013
The US Court of Appeals heard the ATA’s challenge to the HOS rule. ATA lawyers repeated their position that the latest version of the rule is too restrictive and based upon overstated data on the role of driver fatigue in crashes. In the same hearing, the Public Citizen advocacy group reasserted its stance that maintaining the 11-hour daily driving limit is too lax. Courtroom observers believe that it is unlikely that the rule will be remanded to the FMCSA for revision, which means that key aspects, including the 34-hour restart provision and 30-minute break requirement, would take effect as scheduled on July 1.
February 22, 2013
The FMCSA has rejected ATA’s January 2013 request to delay the implementation of hours of service regulations until three months after the U.S. Court of Appeals rules on the challenged restart provisions and off-duty break requirements. The delay was supported by the CVSA, National Assn. of Manufacturers and NITL. Oral arguments were heard on March 15, with a decision expected between then and July 1, 2013.
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