Page 7 - ATR 3 2022 digital

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Award-Winning Magazine of the Arkansas Trucking Association
Arkansas Trucking Report is owned by the Arkansas Trucking Association,
Inc. and is published bimonthly. For additional copies, to order reprints
of individual articles or to become a subscriber to ATR, contact us at
getinfo@arkansastrucking.com or at 501.372.3462.
executive editor
SHANNON SAMPLES NEWTON
managing editor
BETHANY MAY
contributing writers VITAL ROLE AT RISK
STEVE BRAWNER
brawnersteve@mac.com ROBERT O’CONNER
ERIC FRANCIS rsoco@yahoo.com The heavy task of delivering 10.23 billion tons of America’s freight every year takes
ericjfrancis@protonmail.com DEANA NALL
deananall@gmail.com
DINA GRUEY millions of people. Millions of people, fulfilling different roles — some put on a uniform
gruey@roadrunner.com TODD TRAUB
toddtraub@centurytel.net before grabbing company keys, others invest in their own class 8 tractor, or pop the hood
DWAIN HEBDA
dwain@ya-mule.com WERNER TRIESCHMANN
wtrieschmann@sbcglobal.net to maintain the machines, pick up the phones and create efficient routes, train the next
DAVID MONTEITH
monteith.consulting@gmail.com
art director generation of drivers or keep the books. Every role matters. An unreasonable burden to
JON D. KENNEDY
The Freelance Co. LLC, freelanceco@comcast.net interstate commerce would be to dismantle one of the most critical roles—the owner-
production editors
KELLY CARGILL CROW, SARAH NEWMAN, KELCIE SONNIER, KATIE THOMASON operator.
illustrator
BRENT BENNETT
brentdraw@att.net For nearly three decades, the Federal Aviation Administration Authorization Act has
photographers
JON D. KENNEDY, JOHN DAVID PITTMAN forbidden states from enacting laws relating to prices, routes and services of motor carriers
to avoid an unreasonable burden on interstate commerce.
However, California Assembly Bill 5 (AB5), popularly known as the “gig worker bill,”
essentially requires companies that hire independent contractors to reclassify them as
www.arkansastrucking.com
president employees. Enforcing an ABC test all but eliminates a motor carrier’s ability to contract with
SHANNON SAMPLES NEWTON
shannonnewton@arkansastrucking.com an owner-operator because they are both in the business of transporting goods for hire.
vice president
KELLY CARGILL CROW
kellycrow@arkansastrucking.com California Trucking Association challenged the state’s law because it violates FAAAA, and
director of operations
SARAH NEWMAN an injunction kept the law from enforcement. But upon appeal, the Ninth Circuit did not
sarahnewman@arkansastrucking.com
director of corporate services agree, so CTA petitioned the United States Supreme Court to review the case.
KATIE THOMASON
katiethomason@arkansastrucking.com
communications director Before SCOTUS ended its most recent session on June 30, the justices declined to hear
BETHANY MAY
bethanymay@arkansastrucking.com CTA’s arguments for federal preemption. The injunction will soon end, endangering the
director of safety and loss prevention
MIKE BRUST jobs of California’s 70,000 owner-operators and stripping them of their choice to be their
mikebrust@arkansastrucking.com
administrative assistant own boss.
KELCIE SONNIER
kelciesonnier@arkansastrucking.com
These individuals had taken control of their careers. They could refuse loads,
BOARD OF DIRECTORS
CHAIRMAN OF THE BOARD take vacations and support their families in a way that works for their individual
JEFF LOGGINS
Loggins Logistics, Inc. circumstances. Ending the independent contractor model is not just a legal decision;
President & CEO
MICHAEL BARR MARK MORRIS it squashes livelihoods, causing financial devastation for those who have to start their
JM Bozeman Enterprises Morris Transportation Services, LLC
CEO President careers over as employees or relocate to preserve their businesses.
GREG CARMAN JAMES REED
Carman, Inc. USA Truck
President President & CEO
NEIL CORDER G.E. “BUTCH” RICE III Our industry will no doubt be challenged without the entrepreneurial, dedicated men
Wayne Smith Trucking Stallion Transportation Group
President President and women who have taken ownership of their careers and delivered for our country and
JOHN CULP ALAN RIELS
Maverick USA Dedicated Logistics their own households. Consumers will notice when the already-stressed supply chain loses
President President & CEO
JEFF HAMMONDS SETH RUNSER
Walmart Transportation LLC ABF Freight another link and prices increase, but for the ones behind the wheel of their own trucks,
Vice President of Logistics President
AL HERINGER IV PATRICK SIMMONS the impact will be personal.
Star Transportation, LLC Tyson Foods
Vice President Vice President Transportation
BRAD HICKS GABE STEPHENS There’s a lot we don’t yet know about the state law and just how far it reaches outside
J.B. Hunt Transport C.C. Jones, Inc.
EVP & President of Highway Services Vice President California’s borders. Any motor carrier leasing an owner-operator under federal leasing
ROB KIBBE TODD VENABLE
Aon MHC Kenworth – Little Rock
Executive Director Client Services Branch Manager regulations in the state is at risk. Will the ABC test apply just to drivers who reside in
MIKE MCNUTT JOE VITIRITTO
Distribution Solutions, Inc. PAM Transport California? What about drivers who live elsewhere but contract with companies in
CEO, Owner President & CEO
LANCE MOLL DOUG VOSS California? Or the drivers who live in Arkansas, work for Arkansas companies but pick up
FedEx Freight University of Central Arkansas
President & CEO Professor of Logistics & Supply
Chain Management a load of avocados in San Diego or almonds in Bakersfield?
An affiliate of the American Trucking
Associations What I do know is that the fight isn’t over. We need the voices of owner-operators and the
Arkansas Trucking Association (ATA) is an Arkansas corporation of trucking companies who contract with them to share why this role is important, why you chose to be
companies, private carrier fleets and businesses which serve or supply the
trucking industry. ATA serves these companies as a governmental affairs
representative before legislative, regulatory and executive branches of your own boss and what’s at stake if you lose that choice.
government on issues that affect the trucking industry. The organization also
provides public relations services, workers’ compensation insurance, operational
services and serves as a forum for industry meetings and membership relations.
For information, contact ATA at:
1401 West Capitol, Suite 185
Post Office Box 3476 (72203) Shannon Newton
Little Rock, Arkansas 72201 Drivers Legal Plan
Phone 501.372.3462 Fax 501.376.1810 President, Arkansas Trucking Association
www.arkansastrucking.com
ARKANSAS TRUCKING REPORT | Issue 3 2022 7
Drivers Legal Plan