Owner Operator

February 2016

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NEWS & NOTES 22 // OWNER OPERATOR // FEBRUARY 2016 way bill sought to put in place criteria that brokers, shippers and others would have been encouraged to use when making carrier hiring decisions. One of the criterium — which called for shippers and brokers to hire only carriers with "Satisfactory" safety ratings — could have wreaked havoc on small carriers and own- er-operators, said opponents of the measure. Many small trucking companies are "Unrated" by FMCSA, more than 400,000, per data from RigDig Business Intelligence. The final version of the highway bill, however, does not include the "hiring standards" provision. Rebutting court ruling on state labor laws for drivers: An amendment brought from the House would have "clarified Congressional intent," according to its sponsor Rep. Jeff Den- ham (R-Calif.), of a 1994 federal transporta- tion act governing movement of the country's freight. The Federal Aviation Administration Autho- rization Act forbid states from enacting laws that interfered with prices, routes or service of motor carriers. But a court decision made by a federal appellate court said that a California law mandating meal and rest breaks for workers in the state superseded FAAAA. The Denham amendment would have more directly spelled out that states cannot regulate truckers who fall under federal hours-of-service regulations. Opponents of the amendment, however, said it could have derailed efforts by unions and other trucker advocacy groups to reform things like driver pay and excessive detention time. Tolling changes: Portions of the Senate's original bill would have allowed tolling on ex- isting Interstate lanes and use of some toll mon- ies for use outside of the U.S. Interstate system, currently a closed loop. The FAST Act, how- ever, killed that provision. OO The current 28-foot minimum for double trailers will not be changed by the FAST ACT highway bill

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