When I was a kid, we watched a TV show called “Hee Haw,” a variety program my dad loved. It was full of country music and comedy that, at times, would have you in stitches. A regular segment featured cast character Grandpa Jones or another celebrity singing a Buck Owens song with the guest star, called “Pfft You Were Gone.” The funny skit often enough left the stars themselves laughing along with the audience.
The song's simple refrain asked two basic questions, “Where, where are you tonight?” and “Why did you leave me here all alone?”
Today, truckers are asking the same questions of our lawmakers, but it’s far from funny. It’s become the norm: Truckers are used to being ignored, taken advantage of. We’re familiar with having our hopes raised only to be crushed by rules that don’t help, laws that diminish our value.
Take, for example, the 34-hour restart now in place for two decades. While on the surface it seems to boost productivity, I believe it cheapens a driver’s time and mostly benefits carriers. Before the rule change, to fully restart cumulative duty hours a driver effectively had to take a full week off work (time with family, or actually participating in life). Otherwise we recapped hours daily to keep moving, given the limitation of 70 hours of on-duty time in 8 days.
Furthermore, whatever hours and miles we gain with the restart provision -- most restarts, I’d wager, are taken over-the-road away from home -- are offset with drivers pushed into a higher tax bracket and Uncle Sam taking his cut. Personally I don’t mind that increase, but I’d rather see it in real wages for all the hours worked, not just chasing pennies.
In Washington, D.C., this Congressional term, several pieces of legislation offer some promise of OTR improvement, yet all appear more or less stalled. Infrastructure legislation due in 2026 could offer opportunity to push these measures across the finish line as part of that package or as standalone laws.
That is, if we can get our reps' attention.
Compensation: Overtime pay and the motor carrier exemption
The Guaranteeing Overtime for Truckers Act in both House and Senate -- HR 1962/S 893 -- seeks to eliminate overtime pay exemptions motor carriers have benefited from for nearly a century when it comes to paying drivers under the Fair Labor Standards Act of 1938. Not only is the FLSA outdated, it takes advantage of those who have built and sacrificed for this country.
Truckers are the lifeblood of the economy and the backbone of the nation. Yet many routinely work 70 hours a week and are still too often unfairly compensated for time worked. Most are not paid for all working hours, to say nothing of the time-and-a-half after 40 hours those in other trucking roles and industries enjoy.
Miles and percentage-pay methods dominate most pay packages, as Overdrive has routinely shown.
[Related: Pay wish list: Leased-owner, company-driver preferences v. reality]
As the graph shows, more than half of driver respondents to recent surveys (those with straight miles/percentage-pay packages) effectively are only paid when the wheels are turning. They aren't compensated directly for time spent sitting in traffic, performing critical tasks such as pre- and post-trip inspections, waiting for repairs and preventive maintenance, sitting at docks for hours.... The list could go on.
And as I see it, eliminating the motor carrier exemption from overtime-pay requirements isn’t just aiming at fair pay. Drivers, forced to sit for unpaid hours, tend to push harder and faster to make up for lost time, delivering unsafe outcomes.
The GOT Truckers Act is currently stalled in the House Committee on Education and the Workforce (three total reps sponsoring) and in the Senate Committee on Health, Education, Labor and Pensions (6 Senators endorsing).
[Related: Turn up the heat on detention: How to calculate a fair rate to compensate for delays]
More stalled bills would deliver tax credits, strengthen credentialing
Another piece of legislation that holds at least some promise for drivers also sits stalled in a House committee, Ways and Means in this case, with just a few sponsors. Though it expressly aims to address a “truck driver shortage” in the U.S., you and I and apparently U.S. Department of Transportation Secretary Sean Duffy all know there is no shortage. Yet the Strengthening Supply Chains Through Truck Driver Incentives Act (H.R. 2391) holds promise in one respect.
The legislation would provide tax credits specifically to truckers, proposing $7,500 refundable credits for 2025 and 2026 to current truckers who drive at least 1,900 hours annually and hold a valid Class A CDL, $10,000 to new drivers enrolled in a registered apprenticeship program.
Yet another stalled bill, the FAIR Trucking Act (H.R. 5268) aims to advance tort reform by establishing federal jurisdiction over high-profile, high-stakes civil lawsuits that involve commercial trucks operating in interstate commerce. These so-called “nuclear” lawsuits have only gotten more nuclear in recent years, and the legislation seeks to protect trucking companies from lawsuit abuse and predatory injury attorneys. Not only would it shift such lawsuits into federal courts, it would also cap monetary awards at $5 million.
[Related: Insurance to defend against the downhill threat of post-crash litigation]
Finally, H.R. 5688, the Non-Domiciled CDL Integrity Act, might be among the more controversial measures discussed here, but it’s also the only one with more than just a handful of sponsors. This one’s sitting in the House Subcommittee on Highways and Transit, part of the larger transport/infrastructure committee, and would effectively codify the U.S. DOT’s September emergency non-domiciled CDL rule changes.
To be eligible for a non-domiciled CDL, the legislation would require an applicant to have lawful immigration status, an employment-based visa, and state-verified status. Such licenses would be only issued for a max one year or until the applicant's visa expires. It'd require English proficiency, and a two-year driving-record history from the state to be submitted to the Secretary of Transportation.
Establishing these measures as law might give the September rule an assist in court, where it's faced an uphill battle – and is currently blocked following legal challenges by non-domiciled drivers who would be unable to renew their licenses under the terms of the rule. As noted, nearly 40 reps are on board in support of the legislation as cosponsors, though no Senate version as yet exists.
[Related: Non-domiciled CDL drivers say DOT's rule violates their civil rights]
If any of these rises above the level of a “messaging” bill (with little hope of passing, designed to curry favor with reps’ constituencies, create press, etc.), it could deliver significant improvement for truckers and small trucking companies, in my view.
No, together they won’t solve all trucking problems, but they’re steps in the right direction. With the possible exception of the non-domiciled CDL legislation, all seem to have been pushed aside near totally. We’re all too familiar with that, as I noted at the top.
Whether you agree with the aims of these measures or not, nothing will change if you stay silent. Reach out to your representatives in this new year, make your voice heard.
A place to start might be the Owner-Operator Independent Drivers Association’s advocacy website, Fighting for Truckers, where you’ll find information about these and other bills and learn who to contact to show support or voice objections.
Let’s stop passively waiting for change. Without truckers, the economy stalls. You have a voice, and you have value. It’s time we stop the hee-hawing around and make it known we want Congress to do the same.
[Related: 'One Big Beautiful Bill' that needs to be prettier for company drivers]
