DOT Regulatory News GOVERNMENT REGULATIONS  DOT REGULATORY NEWS


Hours Of Service Proposal Heads To White House The Federal


Motor Carrier Safety Administration’s proposed rule to revise its driver hours of service regula- tions has been sent to the White House Office of Management and Budget for final review and ap- proval. If OMB does not object to the substance of the proposal, it will be published in the Federal Register, probably within the next month or two. Although the substance of the proposed rule is not public, FMCSA is- sued an advance notice of proposed rulemaking last year seeking input in four areas. 83 Fed. Reg. 42631 (August 23, 2018).


The four specific areas under consideration for revision are: 1. Expanding the current 100 air-mile “short- haul” exemption for CDL drivers from 12 hours on-duty to 14 hours on-duty, in order to be consistent with the rules for long-haul truck drivers;


2. Extending the current 14-hour on-duty limita- tion by up to two hours when a truck driver encounters adverse driving conditions;


3. Revising the current mandatory 30-minute break for truck drivers after 8-hours of con- tinuous driving; and


4. Reinstating the option


for splitting up the re- quired 10-hour off-duty rest break for drivers operating trucks that are equipped with a sleeper-berth compart- ment. 


Motor Carriers Appeal Decision Threatening Use Of Independent Contractors


A group of motor car- riers have filed an appeal from an adverse lower court decision in a lawsuit challenging the California Supreme Court’s recent ruling that makes it much more difficult to use independent contractors in the trucking industry. Western States Trucking Association v. Schoorl, Case No. 2:18-cv-01989; E.D. Calif., decided March 29, 2019.


The lawsuit challenges the ruling in Dynamex Operations West, Inc. v. Superior Court, decided April 30, 2018, which adopts an extremely strict three-part test for inde- pendent contractor status for transportation work- ers. The court concluded “that unless the hiring entity establishes... A. that the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact,


B. that the worker per- forms work that is


outside the usual course of the hiring entity’s business, and


C. that the worker is cus- tomarily engaged in an independently estab- lished trade, occupation, or business,


...the worker should be considered an employee and the hiring business an employer under the suffer or permit to work standard in wage orders.” The hiring entity’s failure to prove any one of these three prereq- uisites will be sufficient


in itself to establish that the worker is an included employee, rather than an excluded independent con- tractor, for purposes of the wage order.” For for-hire trucking companies, the second provision is particularly troublesome. Independent contractor drivers are always performing work that is within the usual course of the hiring entity’s business, i.e., trucking, so the decision seems to bar any trucking company from claiming that its drivers are


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www.AmusementToday.com JUNE 2019 | OABA ShowTime Magazine  19


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