GOVERNMENT REGULATIONS  DOT REGULATORY NEWS


DOT Regulatory News


independent owner-operator contractors.


A company operating a private truck fleet, how- ever, might still be able to argue that its drivers are performing a service that is outside the usual course of the primary business. But even private fleet companies would also have to meet the “control” test in (A) and the “independent business” test in (C) to establish that the drivers are independent con- tractors under California law. The new lawsuit claimed the Dynamex decision is pre- empted by federal statute,


violates the Commerce Clause of the U.S. Constitution, and is preempted by regulations of the Federal Motor Carrier Safety Administration. The district court disagreed and dismissed the complaint. The plaintiffs filed a notice of appeal to the U.S. Court of Appeals for the Ninth Circuit on April 16, 2019. 


FMCSA Seeks Comments On Ohio CDL Exemption For Military Veterans


The Federal Motor Carrier Safety Administration is seek- ing comment son a request by the Ohio Department of Public


Safety for an exemption from certain of the CDL skills test requirements for qualified veterans who served in the military. 84 Fed. Reg. 16330 (April 18, 2019).


The request is for an ex- emption from the require- ment that an applicant in the skills test waiver certify that he/she (1) is regularly employed or was so em- ployed within the last year in a military position re- quiring operation of a CMV, and (2) operated a vehicle representative of the CMV that operates or expects to operate for at least 2-years immediately preceding dis- charge from the military 49 CFR 383.77(b)(1) and (3). In lieu of 49 CFR


383.77(b)(1) and (3), DPS is proposing that the appli- cant be required to have held a military position that required operation of a CMV for at least 2 years during the applicant’s mili- tary career, and eliminating the requirement of holding that position within a year from being discharged and the requirement of operat- ing a vehicle representative of the CMV operating or ex- pecting to operate at least the 2-years immediately preceding discharge from military. 


UCR Extends Registration Grace Period To May 1 The Unified Carrier Registration Plan is recom- mending an extended grace period for 2019 enforce- ment. UCR is requesting


20  OABA ShowTime Magazine | JUNE 2019


that states delay enforce- ment to May 1, 2019 for the 2019 registration period. The delay is intended to provide motor carriers with ample time to register for the 2019 period. The Commercial Vehicle Safety Alliance (CVSA) supports the UCR recommendation. For more information, visit www. ucr.gov. 


Canada Carbon Tax Plan Goes Into Effect Today Canada is implementing its carbon tax plan, known as the Greenhouse Gas Pollution Pricing Act. The Act requires road carriers (truck operators) to register with the Canada Revenue Agency (CRA) and pay a charge on 21 types of fuel (includ- ing diesel) and combus- tible waste starting in April 2019. This is the Canadian Government’s attempt to combat climate change by discouraging use of carbon- based fuels through tax policy.


The federal fuel charge will apply in Manitoba, New Brunswick, Ontario and Saskatchewan beginning April 1, 2019 and in Nunavut and the Yukon beginning July 1, 2019. The tax is 3.03 cents/liter beginning in 2019 and rises each year until it hits 8.03 cents/liter begin- ning April 1, 2022. The plan also requires road carriers to register with the CRA and file quarterly fuel tax returns, like the International Fuel Tax Agreement. 


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