Stateside Special: California governor signs two OOIDA-backed bills into law

Two new laws in California have been under the watchful eye of the Owner-Operator Independent Drivers Association.

CDL training requirements

The first new law signed by Gov. Jerry Brown is intended to improve safety on the state’s roadways by implementing new federal commercial driver regulations. Additional truck driver safety requirements would also be included.

The change implements a federal rule that requires people seeking a commercial driver’s license to complete a certified course of instruction from a commercial driving institution or program offered by an employer before being issued a license.

Specifically, the Department of Motor Vehicles is required to adopt regulations to comply with the federal rule by June 5, 2020. The new rule also establishes minimum behind-the-wheel training requirements as part of CDL training.

Sen. Bill Monning, D-Carmel, previously said the state needs to act to ensure that commercial truck and bus drivers are being held to the highest safety standards.

“Every day, Californians share the road with large commercial vehicles that transport commercial goods, hazardous materials, and passengers,” Monning said in prepared remarks. “Commercial drivers who lack adequate training put everyone on the road at risk.”

Class A or Class B license applicants will need to complete 15 hours of behind-the-wheel training, of which 10 hours must be on a public road.

OOIDA support

Mike Matousek, OOIDA manager of government affairs, said the Association supports the development of national entry-level driver training standards for CDL applicants.

He pointed out that a final rule on entry-level driver training standards published in December 2016 by the feds does not include a minimum number of hours of behind-the-wheel instruction.

“While the final rule will improve driver training and highway safety, it does not include a requirement that CDL applicants receive a minimum number of hours of behind-the-wheel instruction.”

Matousek adds that the new law addresses the oversight by requiring CDL applicants in California to complete a minimum number of hours behind the wheel of a truck.

‘Mistreatment’ of truckers

The second new law is intended to end the “rampant exploitation” of truck drivers who haul cargo from the state’s ports.

The change will deter shippers from using port drayage motor carriers who have unpaid wage, tax, and worker’s compensation liabilities.

Joint and several liability will be required for customers who contract with port drayage carriers who have unsatisfied judgments regarding unpaid wages, damages, expenses, penalties, and workers’ compensation liability.

The state labor commissioner will be charged with creating a list of trucking companies to show who has failed to pay final judgments. Retailers that hire port trucking companies with final judgments would be liable for future state labor and employment law violations by these companies.

“Retailers using their power to end exploitation and restore good jobs for workers at our ports will mean port truckers are left behind no more,” stated Sen. Ricardo Lara, D-Bell Gardens.

OOIDA backing

Matousek says many of California’s port drayage drivers are mistreated. He cites the long hours drivers work in “awful conditions” while being “utterly undercompensated.”

“We’ve long considered it to be a modern form of indentured servitude,” he said.

Matousek added that the workers are also often misclassified through agreements he described as “schemes where motor carriers lease a truck to a driver with the promise of fair compensation, future ownership of the truck, and ‘independence’ from traditional employer-employee requirements.”

In reality, these indentured servants are paid pennies on the dollar, will likely never own the truck, and have zero independence.”

Matousek said the new law addresses concerns about lease-purchase agreements without jeopardizing legitimate business agreements between motor carriers and leased owner-operators. LL