Aviation bill would reemphasize federal authority over statesā€™ regulation of truckersā€™ hours, pay

user-gravatar Headshot

2015 11 03 16 49A bill unveiled in the U.S. Houseā€™s Transportation Committee this week seeks to restrict stateā€™s ability to regulate truckersā€™ on-duty time, such as required rest breaks, and could have an impact on driver pay reform efforts being conducted at state levels.

The provision, now part of the Aviation, Innovation, Reform and Reauthorization Act bill, is identical to an amendment that Rep. Jeff Denham (R-Calif.) attempted to attach to drafts of the FAST Act highway bill that cleared Congress in December. Those efforts ultimately failed, however.

The language in the FAA bill, like the Denham amendment, would prohibit states from requiring truckers to comply with state-enacted hours regulations, such as Californiaā€™s meal and rest breaks. It also would exempt carriers from state-enforced penalties for not allowing drivers to take state-required breaks. States would also be restricted from requiring carriers, as employers, to pay truck driver employees ā€œseparate or additional compensation.ā€ 

The reenforcement of federal authority over truckersā€™ hours-of-service regulations and pay comes in response to a 2014 federal court ruling that carriers were not exempt from a California law mandating paid meal and rest breaks for workers in the state.

The point of legal contention in that case, which was brought by California truck operators, was whether the 1994 Federal Aviation Administration Authorization Act (FAAAA) preempted California state law. The FAAAA bars states from enacting laws that interfere with ā€œprices, routes or serviceā€ of motor carriers.

The 9th Circuit Court of Appeals, however, decided Californiaā€™s law should be enforced, despite the FAAAA language. Several lawmakers, including Rep. Denham and Democratic Rep. Peter Defazio (Ore.), said the ruling created confusion for both fleets and drivers.

Both the Owner-Operator Independent Drivers Association and the Teamsters have rallied against the provisions in recent months. OOIDA took issue with the provisionā€™s potential impact on driver pay, calling it ā€œan ambitious overreach that would limit the statesā€™ ability to allow for any other driver compensation except mileage pay. OOIDA stands firmly opposed to this language.ā€

Partner Insights
Information to advance your business from industry suppliers
The ALL NEW Rand Tablet
Presented by Rand McNally
BlueParrott B350-XT
Presented by BlueParrott

Further, OOIDA said, the language would ā€œunravel mandated fair-pay for drivers and would empower large carriers to further reduce driver wages.ā€

The American Trucking Associations in litigation in recent years has backed the FAAAAā€™s federal preemption clause.

The bill, however, is still at the committee level in the House, meaning it must pass the Houseā€™s Transportation Committee before being sent to the full House for a vote. The Senate, meanwhile, still has not produced an FAA bill, and it may choose to not include the language included in the Houseā€™s bill. The Senateā€™s pre-negotiated highway bill passed in 2015 did not include the preemption measures.

During the debate over the Denham Amendment last fall, Overdriveā€˜s Todd Dills rounded up industry reaction to the measure. See that post at this link:

The Business Manual for Owner-Operators
Overdrive editors and ATBS present the industryā€™s best manual for prospective and committed owner-operators. Youā€™ll find exceptional depth on many issues in the Partners in Business book, updated annually.
Partners in Business Issue Cover