With the Supreme Court’s recent Chevron decision transforming the federal rulemaking process, Republican lawmakers are eager to identify regulations that small-business truckers want to challenge. Lewie Pugh, executive vice president of the Owner-Operator Independent Drivers Association (OOIDA), testified before the House Transportation and Infrastructure Committee, emphasizing two primary concerns: the proposed speed limiter rule and the need for more flexibility in hours-of-service rules.
Key Regulatory Concerns
- Speed Limiter Rule: The Federal Motor Carrier Safety Administration (FMCSA) is considering capping truck speeds, potentially as low as 60 mph, with the rule expected to be published next year. Pugh expressed strong opposition, suggesting it would disadvantage small carriers compared to larger ones.
- Hours-of-Service Flexibility: Pugh advocated for more flexibility in hours-of-service regulations and the elimination of the Department of Labor’s overtime exemption for truck drivers, which has been in place since 1938. He highlighted that truckers often lose 20-30 hours of unpaid labor each week due to this exemption.
Impact of the Chevron Decision
The Supreme Court’s Chevron doctrine overturn means lower courts no longer need to defer to regulatory agencies’ interpretations of congressional statutes, opening the door for more legal challenges to such regulations. Pugh and some lawmakers argue that recent regulations, including speed limiters and greenhouse gas emission rules, do not align with congressional intent and are influenced by special interest groups lacking experience in commercial trucking.
Other Issues Raised
- Towing Fraud: Rep. Mike Collins, a truck company owner, brought up the issue of fraudulent practices among towing companies servicing heavy trucks. He cited examples of exorbitant charges, including a recent case with a $9,000 “heat and humidity” surcharge. Pugh agreed, noting long-standing exploitation in the industry. The FMCSA has supported efforts to combat tow company price gouging.
Independent Contractor Rule
Unlike other contentious rules, OOIDA supports the Biden administration’s independent contractor rule. Despite opposition from the American Trucking Associations, which argues it undermines the independent contractor model, Pugh believes the rule provides clearer guidelines, benefiting compliant leases and making it easier to demonstrate independent contractor status.
The testimony and discussions highlight the ongoing debate over regulatory impacts on the trucking industry, with small-business truckers seeking a greater voice in shaping fair and practical regulations.
Source:
https://www.freightwaves.com/news/legal-challenges-ahead-for-truck-speed-hours-of-service-rules
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