It has to do with being bound to that one specific company. If you're running under their DOT numbers they are going to consider you an employee of that company, because you are unable to go out and get your own freight, ABC Trucking is giving you all the work.
But your not. The Equipment as specified in lease not yourself. Depending on agreement you can lease or trip lease to as many company as you want. Now individual co. Or insurance co. Might not allow or like it. But its far from a law that you can not.
Long before ELD's and DPF/DEF trucks we had paper logs and good old mechanical diesel engines. We used to be able to stop our clocks and rest when we wanted and continue on with our work like grownups. Now look at what we have. Don't sit there and think that none of this could happen. Look at what HAS happened.
A lot of us run as sole proprietors. Our equipment is leased by the company, and we're under contract to provide the driver. The driver has to meet the company's requirements, and agree to play by the company's rules. So I as the owner of my truck, am contracted to haul freight at my own discretion. Under the Pro Act, a company cannot contract out work that is integral to it's business. It would make it illegal for a trucking company to contract for freight hauling.
It won't pass, but the problem isn't the ABC test, the problem is some companies can't pass the ABC test.
I have several trucks leased onto a large carrier, while I was already incorporated they went and made everybody who was running as a sole proprietor go and form a corp. When I asked what there plans are should this get passed I was told their legal teams are currently working on it. Ways around it I suppose as contractors is all they have. I also have my own authority just for me and my truck but have no interest in growing. My leased trucks all run dedicated and it's very easy to manage. If the Bill passes and eliminates the subcontractor business model there are going to be millions of drivers scrambling for work to be company drivers. I'm sure there are some drivers that have gone back to being a company driver after being an owner/op, leased or own authority, but for me I could just never work under someone else's wing ever again. I want to be in control of my own destiny. If I sink or swim it's going to be under my own power.
OOIDA or some other organization would have to get heavily involved. News articles, internet and TV ads, radio and TV interviews. Start showing moms how and why their grocery bill will skyrocket even more than it already has.
If this happens, I foresee the rates going through the roof, and carriers not being able to handle the increase in freight volume.
I emailed OOIDA after I got their email the other day regarding these Bills, which i already knew about. They said they are fighting this very hard too. We shall see. I'd like to think they are as strong as they think they are, and have a voice in all of this, but sometimes I feel like OOIDA just gets the brush off the shoulder of Congress, Lobbyists, judges, etc
Sorry but any law that tells me I can't go into business with someone else under whatever arrangement we both agree to is a problem.