9/5/02-Two pieces of legislation calling for port operators to be fined for keeping trucks idling and making intermodal chassis inspections tougher have moved through the legislative process and are now waiting for Gov. Grey Davis' signature.

Assemblyman Alan Lowenthal's (D-San Pedro) bill would require truckers to reach the outside gate of any marine terminal in the state within 30 minutes of getting in line. Originally, the bill's language set a fine of up to $250 on terminal operators who did not meet the 30-minute rule, but a last minute trade-off on the Assembly floor removed the fine if terminal operators set up an appointment system or operated during non-peak hours. The bill also addresses truck idling outside terminal gates. AB2650 was enrolled on Aug. 28.

SB1507, a bill that would require ocean marine terminals that conduct intermodal roadability inspection programs to sign under penalty of perjury, the inspection was performed easily passed 36-0. It also provides for a more thorough inspection and a re-inspection if the driver hauling the container believes the chassis is unsafe. Sen. Gloria Romero's (D-Los Angeles) bill also contains a provision that no commercial driver could be threatened, coerced, or retaliated against for contacting a law enforcement agency regarding the condition of the intermodal chassis.

The governor has until Sept. 30 to sign the bills that were endorsed by trucking interests and the Teamsters union

8/29/02-Legislation that would allow the Orange County Transportation Agency to collect tolls was unanimously approved Aug. 28 by the Senate Appropriations Committee and is expected to go to the Senate floor this week.

AB1010 requires Caltrans to transfer the franchise agreement for the Route 91 toll road from the private operator currently operating the toll road to the Orange County Transportation Authority. Under present law, the private entity operating the toll road could continue to collect tolls after its contract expires.

The road in question is the 10-mile 91 express lanes at the median of the Riverside Freeway. After picking up the contract, the OCTA would then collect tolls to pay off tollway debt.

The bill is authored by Assemblyman Lou Correa (D-Anaheim).

For bill status, call (916) 445-4251.

8/19/-02-Two pieces of legislation calling for port operators to be fined for keeping trucks idling and making intermodal chassis inspections tougher are moving closer to passage in the California Legislature.

AB2650 by Assemblyman Alan Lowenthal (D-San Pedro) would require truckers to reach the outside gate of any marine terminal in the state within 30 minutes of getting in line. Originally, the bill's language set a fine of up to $250 on terminal operators who did not meet the 30-minute rule, but a last minute trade-off on the Assembly floor removed the fine if terminal operators set up an appointment system or operated during non-peak hours.

The bill is set for its first hearing in the Senate Appropriations Committee next week.

SB1507 would require ocean marine terminals that conduct intermodal roadability inspection programs to sign under penalty of perjury, that the
inspection was performed. It also provides for a more thorough inspection and a re-inspection if the driver hauling the container believes the chassis is unsafe.

Sen. Gloria Romero's (D-Los Angeles) bill also contains a provision that no commercial driver could be threatened, coerced, or retaliated against for contacting a law enforcement agency regarding the condition of the intermodal chassis. SB1507 is on the calendar for a vote before the full assembly before the end of the month.

Assembly bill status is (916) 445-4251.

7-12-02 - Legislation aimed at pushing semis through the California ports is stuck in the Committee on local government. The measure is being backed by labor unions and the trucking industry, but is opposed by port terminal operators. Under AB2650, by Assemblyman Alan Lowenthal (D-San Pedro), truckers would have to reach the outside gate of a terminal within 30 minutes of getting in line. If they exceed the time limit, terminal operators could be fined up to $250. The bill also makes it a misdemeanor for the owner or operator of a terminal to pass that fine on to an owner-operator. If the owner of a terminal sends an owner-operator to a staging area outside the terminal, they would be subject to a $750 fine. Exemptions would be granted for terminals that stay open during non-peak hours. California's Senate is on break until Aug. 5. The Assembly, which did not pass their budget is still in session. The general number for bill status is (916) 445-4251.

5/10/02-A bill eroding the classification of an independent contractor was found by the Senate Appropriations Committee to have minimal fiscal impact and was given the green light this week to advance for consideration on the Senate floor.

The California Chamber opposed SB1407, introduced by Sen. John Burton (D-San Francisco), mandates that companies provide workers' compensation insurance coverage for independent contractor taxicab drivers the company is contracting.

The Chamber believes SB1407 deviates from the basic premise that independent contractors are not considered employees for the purpose of workers' compensation. The workers' compensation program is premised on employed injured workers being provided coverage on a no-fault basis for injuries "arising out of employment and in the course of employment. "

SB1407 establishes a separate standard for a single class of working persons and implies a "false" façade of employment. In addition, common law and additional case law recognizes the distinction between a self-employed independent contractor and an employee.

The Chamber believes, if passed, this bill only serves to open the door for workers' compensation coverage for all independent contractors regardless of industry or class and would be contrary to the basic premise of long-held standards as established by common and case law.

SB1407 is scheduled for its third reading on the Senate floor May 13. The Chamber is urging businesses to ask their senators to oppose the bill. A sample letter is available at the CalChamber capitol connection (www.calchamber.com/Advlogin.asp) web site.

01/21/02 -- SB278 has been stalled in committee since June 2001 and now appears to be dead. It would have created a "cause of action" allowing truckers to bring a legal complaint against motor carriers who want more hours than the law allows. The bill could have offered remedy for commercial drivers with claims against motor carriers who require or authorize the driver to operate a commercial motor vehicle in excess of the maximum number of hours a driver is permitted to drive under state or federal law. If passed, the bill would have allowed recovery of actual damages, a civil penalty of $250 per day for each day the violation of the driving-hours restriction occurs, plus attorney's fees and costs. A driver would not be able to recover damages, including the civil penalty, for any day that he or she was convicted of violating the driving hours. On Jan. 22, the bill was placed on the inactive list per request of Assembly member Chan.

10/18/01-State Sen. Gloria Romero (D-Los Angeles), says she plans to draft legislation to overhaul the way dangerous chemicals are transported within the state. The move comes after a small part of a hazmat shipment from China Lake Naval Air Weapons Station went unreported.

On Sept. 10, at a transfer location near Sacramento, the carrier found a 50-gallon drum of ammonium perchlorate, a highly flammable powder used to make explosives, missing from the trucker's load. Authorities later concluded the trucker had made two stops - one in Compton and one in Richmond - while leaving the trailer door unlocked.

Even though the missing barrel was noticed one day before the Sept. 11 terrorist attacks, the trucking firm waited nine days to notify state authorities, a spokesman from Sen. Romero's office said.

To date, the alleged barrel is still missing. The California Highway Patrol attributes the loss to a counting error, but the Navy says the drum was lost in transit.

"This is a wake-up call to the threat to public safety posed by transporting hazardous material under existing law," said Romero. Under her proposal, videotapes of the loading, transferring and unloading of hazmat substances would have to be made, and trucks would also need to be locked during transit.

The legislation cannot be introduced until January when state lawmakers reconvene. But, Romero said if the governor should call a special session in the meantime, she will introduce the measure then.

8/01/01 SB 1048, the bill that required mandatory on-board recording devices in every California truck, has been determined dead, (permanently stuck in committee) for the rest of California's first year of session. A spokesman for Sen. Jackie Speier's office said he doubted the senator would ask for another hearing on the bill "without drastically changing the language to meet the expectations of the transportation committee." Because the bill was granted reconsideration status, under California law, it does not need to be reintroduced next session. As of the first Monday in January, 2002, Speier simply can ask for another hearing.

7/19/01-SB624 is in the Assembly Transportation Committee after being amended June 25 to exclude corrugated cardboard if it is baled, banded or palletized and is in compliance with local law. A bill that would limit the length of trucks on some California highways failed its first vote in committee and was re-referred to the Assembly committee on transportation for another try July 9. If SB636 fails a second time, it will die. On May 23, further action on AB880 was canceled by its author, Assemblyman Dean Florez. It is sitting in the appropriations committee with no hearing scheduled. The general number for the California State Assembly is (916) 445-2323.

7/18/01-SB1048, the black box bill authored by Sen. Jackie Speier (D-District 8), had its first hearing in the assembly on July 9. OOIDA board members, Woody Chambers and Tim Trotter represented OOIDA at the hearing in Sacramento.
In Chambers' prepared comments, he lambasted the bill's black box mandate. He pointed out that since HOS regs require the keeping of records up to seven days prior and would also have to be tracked by OBRDs under the bill, California would be effectively regulating freight outside the state. This is a violation of the Commerce Clause of the U.S. Constitution.
"It is understood that this bill only singles out California trucks," says Chambers. "But this is not the way the bill language reads. It says 'any truck registered in California.' If you list California on your IRP, you are for all purposes registered in California, even though you may live in another state.
The bill also proposes stiffer penalties on employers who don't do a thorough background check, suspends a CDL for a year if the driver falsifies the driving history and requires mandatory on-board recording devices in every California truck as of Jan. 1, 2005, though there is an exemption for 100 air-mile radius drivers.
SB1048 was moved from committee and read a second time on July 16. The bill stalled, was amended and re-referred to the Assembly Transportation Committee. The first possible hearing date for the bill is Aug. 28. The number for bill status is (916) 445-4251.

6/25/01 - SB1048, a bill to require on-board recording devices in commercial vehicles was approved by the full Senate (26-9) and now moves to the Assembly for assignment to a committee. A hearing is scheduled for July 2. Watch this website for detail.
If passed, Sen. Jackie Speier's bill would require drivers of trucks with a gross weight exceeding 26,000 pounds to document their hours of service using an automatic onboard recording device beginning on Jan. 1, 2004. There is an exemption for 100 air-mile radius drivers. SB1048 also contains a number of other provisions to change California law concerning truckers. It suspends a commercial driver's license for one year if the driver falsifies driving history related to mandatory substance abuse testing.

5/31/01 - SB1048 has been approved on the Senate floor by a vote of 26-9. It now moves to the Assembly for assignment to a committee.

5/25/01 - SB1048, a bill to require on-board recording devices in commercial vehicles is on the fast track through the Senate. It passed the Senate Appropriations Committee on Thursday by a vote of 5-0 and was expected to have its second reading on Friday (May 25). If it passes, sponsor Sen. Jackie Speier's office said it will be presented to the Senate floor next week.
If passed, Sen. Speier's bill would require drivers of trucks with a gross weight exceeding 26,000 pounds to document their hours of service using an automatic onboard recording device beginning on Jan. 1, 2004. There is an exemption for 100 air-mile radius drivers.
SB1048 also contains a number of other provisions to change California law concerning truckers. It suspends a commercial driver's license for one year if the driver falsifies driving history related to mandatory substance abuse testing.
The section of the bill that called for drug test failures to be sent to a central repository accessible only for employment screening purposes has been dropped. Instead, the section which provides that any consortium, medical review officer or substance abuse professional who fails to register with the Department of Motor Vehicles is unacceptable to provide alcohol and controlled substances testing is still in effect.
In the original version, SB1048 required that only a licensed physician or surgeon do medical reviews. It has now been amended to say the medical exam for commercial license can be conducted by a health care professional acting within his or her scope of practice.
California truckers, call your elected lawmakers now! To follow the status of the bill, the general number for the CA Senate is (916) 445-4311. If you want to express your opinion to Sen. Speier, her e-mail is speier@sen.ca.gov.

5/14/01 - Sen. Jackie Speier's controversial SB1048 has been carved up a bit, but still has a proposal that would require mandatory on-board recording devices in every California truck. SB1048 passed the Public Safety Committee on May 8, and is headed now to the Appropriations Committee. California truckers, call your elected lawmakers now! AB880 introduced by Assemblyman Dean Florez would see stricter pre-employment screening and drug testing of truckdrivers. It states that only a licensed physician would be able to evaluate a driver's mental competency. The bill also calls for drug test failures to be sent to a central repository accessible only for employment screening purposes. AB880 would suspend or revoke a trucking company's license in California for failure to do adequate background checks or failure to answer inquiries from others.
The general number for the California State Assembly is (916) 445-2323.

5/4/01 - SB624 has seen some action in the Senate Transportation Committee. Section 1. has been amended to exclude corrugated cardboard if it is baled, banded or palletized. The bill was recommended "do pass" as amended with a vote of 12 to 1 and re-referred to the Senate Appropriations Committee for a hearing within the next two weeks.

4/24/01 - At press time, AB880 was still alive and scheduled to be heard by the transportation committee April 23. Introduced by Dean Florez, AB880 would see stricter pre-employment screening and drug testing of truckdrivers. It states that only a licensed physician will be able to evaluate a person's mental competency. The bill also calls for drug test failures to be sent to a central repository accessible only for employment screening purposes. One provision of the proposed bill is regarding background checks. AB880 would suspend or revoke a trucking company's license to do business in California for failure to do adequate background checks or failure to answer inquiries from others. The number for the California State Assembly is (916) 445-2323.
SB624 is a bill that targets trash haulers and recyclers and would amend the Vehicle Code to include covering loads of cardboard. On April 17, it was recommended "do pass" as amended and re-referred to the appropriations committee.

3/13/01 - In the aftermath of the deliberate crash into the California state Capitol, Assemblyman Dean Florez, D-Shafter, has introduced a bill to improve pre-employment screening and drug testing of truckdrivers.
In a release, Assemblyman Florez said that he will be working with Mothers Against Drunk Driving (MADD) and the California trucking industry on specific provisions of AB880 that would close "loopholes' contained in present rules governing medical examinations.
The loopholes that are covered in the bill include changing language from "health care professional" to state that only a licensed physician may evaluate a person's mental competency.
Loophole number two places drug test failures into a central repository accessible only for employment screening purposes. The repository is administered under contract to the state and guided by an advisory board of DMV, CHP, trucking industry and organized labor.
Number three would stop owner-operators from driving after a failed drug or alcohol test by allowing companies that hire or lease those owner-operators to quickly check their eligibility to drive.
The fourth loophole has to do with background checks. AB880 would suspend or revoke a trucking company's license to do business in California for failure to do adequate background checks or failure to answer inquiries from others. This bill would protect honest companies by providing legal immunity from lawsuit for complying with required safety checks.
AB880 was introduced on Feb. 25 and could be heard in committee March 27. For more information, call general information for the California Legislature at (916) 445-4311.

3/13/01 -- A California bill that targets trash haulers and recyclers is on the Senate's agenda this session. SB624, as introduced by Senator Nell Soto D-Ontario, will amend Section 23115 of the Vehicle Code to include covering loads of cardboard.
As written, the bill's language is unclear and hard to understand. In essence, the bill would add cardboard to the list of materials that need to be totally covered when being transported to a landfill or recycling center. The loads must now be covered in a manner which will prevent any part of the load from spilling or falling from the vehicle. All other references to being transported would be deleted. Because the bill expands the scope of existing law, it would impose a state-mandated local program to enforce the change in the law.
A spokesman for the Smurfit Recycling Co. in California said the implications of the bill are far-reaching. "It will increase the opportunity for injury," he told Land Line. "We have roadworthy loads, but with this law we will have men climbing on loads in all types of weather. Baled cardboard is slick when wet and the potential danger to a person who has to use a tarp is high."
Smurfit also said the company has never been cited for littering; they suggest their drivers and owner-operators turn down baled loads if they aren't secure. "The cost to us in time and material will be prohibitive," the spokesman said. "We don't cover bales because they don't need it. We have a meeting scheduled with Senator Soto and the California Highway Patrol to discuss adding another exemption for baled cardboard loads because they don't shed."
SB624 was introduced Feb. 22 and is scheduled for a first reading on or about March 26. The general information number for the California Senate is (916) 445-2323.