Page 20 - Arkansas Trucking Report Volume 23 Issue 2

vice president of federation relations
and industry affairs for the American
Trucking Associations. “This effort
“TODAY’S WIN WAS AN IMPORTANT TURNING POINT was a true team effort, as joining the
FOR F4A, ESPECIALLY FOLLOWING THE OMNIBUS ATA Federation partners was the US
SETBACK JUST ONE MONTH AGO.” Chamber of Commerce, National
Association of Manufacturers, National
Retail Federation, and many other
—JOHN LYNCH, SENIOR VICE PRESIDENT OF FEDERATION coalition partners that pledged support
RELATIONS AND INDUSTRY AFFAIRS FOR THE AMERICAN and ‘key voted’ this amendment. Public
TRUCKING ASSOCIATIONS officials were held accountable today,
proving why advocacy matters.”
The Senate is expected to take up
the reauthorization bill this summer,
and American Trucking Associations and
have required motor carriers to com- “We incorporate our breaks into Arkansas Trucking Association will be
pensate drivers for each hour worked, our day and our stops and the differ- reaching out to membership again to ask
including non-productive hours. ent things that we do, so just putting trucking interests to weigh in with sup-
As a result, the motor carrier in a mandatory stop just to stop is just port. There’s a lot on the line, including
industry has had to comply with the extending our day and making our day some very high-profile lawsuits.
rest break provision, at great cost. Larger longer rather than more safe,” he said.
carriers have reworked their compen- The American Trucking ALL EYES ON J.B. HUNT V.
sation plans and compliance policies. Associations saw an opportunity to ORTEGA
Some smaller carriers are risking non- clarify the law through the $1.3 trillion While advocates are hoping for a
compliance because they are unaware of omnibus spending package passed by congressional fix, they also are watch-
the law or unwilling to follow it. Trial Congress and signed by the president ing a court case, J.B. Hunt Transport,
lawyers are filing lawsuits. in March. But the clarification was Inc. v. Gerardo Ortega, et al.
not included in the final deal, leaving The same Ninth Circuit that ruled
PREEMPTION SAVES MONEY, trucking advocates to continue their in the Dilts case ruled against J.B. Hunt
RESOURCES AND TIME longstanding lobbying efforts. in a class action lawsuit filed by two
According to an analysis by the But then on April 26, the House drivers in 2007. A district court had
American Trucking Associations, passed the Denham Amendment in a ruled in favor of the carrier, saying
California’s rules could require trucks vote of 222 to 193. The amendment California’s laws significantly impacted
to add 281 million miles annually and is included in the Federal Aviation routes and miles and would impact
burn 43.3 million gallons of diesel fuel Administration Reauthorization bill and the competitive market forces in the
just to reach and return from break supports interstate commerce and the trucking industry. Forcing the carrier
areas, increasing carbon dioxide emis- drivers who haul in all 50 states and to change its activity-based pay system
sions by more than 450,000 tons each all 435 districts. American Trucking would decrease its productivity and dis-
year. The change could reduce the Associations mobilized all of its state rupt the market, that court ruled. But
amount of time trucks spend driving associations and members to contact the Ninth Circuit in 2017 vacated and
by the equivalent of 2.5 billion miles, their members of Congress and ask for remanded that decision based on its
requiring an additional 23,100 trucks support on this issue. decision in the Dilts case.
to travel California’s roads each year The Arkansas Trucking Association J.B. Hunt has since appealed that
to haul the same amount of freight. met with all four representatives to edu- decision to the Supreme Court. In a
Drivers could lose $1,917 in pay each cate them on the issue the day before petition filed Feb. 5, the Arkansas-based
year just from the breaks. the House vote, during ATA’s Call on company argued that F4A was enacted
Melvin Cairns, a driver with Ryder Washington. The meetings were suc- to prevent state and local governments
with 3 million accident-free miles, said cessful, and all of Arkansas’ delegation from undermining the federal deregula-
in a video produced by the American supported the Denham Amendment tion of the interstate trucking industry.
Trucking Associations that it takes during the vote. It argued that Congress had sought to
10-15 minutes to exit the road and “Today’s win was an important ensure rates, routes and services were
another 10 minutes to get up to speed, turning point for F4A, especially fol- based on competitive market forces
not to mention the difficulty in finding lowing the Omnibus setback just one governed by efficiency and innovation.
a place to stop. month ago,” said John Lynch, senior 

20 Issue 2 2018 | ARKANSAS TRUCKING REPORT