Trial Magazine

In June, the House Appropriations Committee met to discuss the bill to fund the U.S. Departments of Transportation and Housing and Urban Development (known as the T-HUD appropriations bill). The bill contains a provision supported by AAJ and the Teamsters that would prohibit the Federal Motor Carrier Safety Administration (FMCSA) from using funds to review petitions and issue a decision to preempt state meal and rest break laws.

During the past few Congresses, this bill has included repeated attempts to preempt state meal and rest break laws. During the last Congress, we worked hard to keep such preemption language out of two House appropriations bills and the Federal Aviation Administration (FAA) reauthorization bill.

Trying a different road. Stymied by both Congress and the U.S. Supreme Court’s denial of cert in a case upholding California’s meal and rest break law, the American Trucking Association (ATA) filed a petition with the FMCSA in October 2018 to preempt California’s meal and rest break laws with respect to commercial truck drivers.

The FMCSA granted the petition, and now that decision is the subject of litigation in the Ninth Circuit (International Brotherhood of Teamsters, Local 2785 v. Federal Motor Carrier Safety Administration, No. 18-73488 (consolidated appeal)). There is another petition pending at the FMCSA to preempt California meal and rest break laws for commercial bus drivers, and another one in the pipeline to preempt Washington’s meal and rest break law for commercial truck drivers. AAJ has filed comments in opposition to both California petitions.

A provision in the House T-HUD appropriations bill would cut off funding for the FMCSA to undertake review of additional petitions. An amendment to remove this helpful provision was offered during committee consideration of the bill but failed. Speaking against the amendment were Rep. David Price (D-N.C.), the chair of the T-HUD subcommittee; Rep. Norma Torres (D-Calif.); and Rep. Matt Cartwright (D-Pa.). The entire House will consider the bill next.

Under pressure. A week after the House T-HUD appropriations bill was moved out of committee, the House Transportation and Infrastructure Committee, Subcommittee on Highways and Transit held a truck safety hearing called “Under Pressure: The State of Trucking in America,” which included testimony from AAJ member Andy Young, who is also a Class A licensed commercial driver.

Mr. Young’s testimony included a push to address truck underride guards that protect cars from slipping under trucks and causing catastrophic and often fatal injuries to the car’s occupants. He also pushed for raising trucking ­insurance minimums, which are currently set at $750,000 per crash and have not been increased since the mid-1980s.

A broad range of witnesses testified at the hearing, including representatives from the ATA, the Owner-Operator Independent Drivers Association, a logistics company, Advocates for Highway and Auto Safety, and the Teamsters. The witnesses discussed their priority issues for the highway bill, which Congress needs to reauthorize before Sept. 30, 2020. With a clear lack of consensus on almost every issue, members of Congress will be challenged to come up with legislation that can achieve broad support.

Members of Congress need to be educated about the role of brokers/shippers in the trucking supply chain and why accountability is important.

One area of contention relates to accountability for brokers/shippers and their negligent hiring of trucking companies and drivers. AAJ successfully removed a broker/shipper immunity provision from the bill to reauthorize the FAA in the last Congress. The issue is now back for discussion in the highway bill, and members of Congress need to be educated about the role of brokers/shippers in the trucking supply chain and why accountability is important. Increasing trucking insurance minimums is another top priority.

AAJ Public Affairs needs examples of broker/shipper cases to fight proposals that remove accountability for negligent hiring practices and cases involving trucking insurance minimums that provided inadequate compensation for your client. Please email advocacy@justice.org to share your clients’ stories.

Susan Steinman is AAJ’s senior director of policy and senior counsel. She can be reached at susan.steinman@justice.org. To contact AAJ Public Affairs, email advocacy@justice.org.