The Owner-Operator Independent Drivers Association is telling lawmakers that the time is now for them to pass a bill that would prevent FMCSA from mandating speed limiters on heavy-duty trucks.
In a letter sent to House Republican offices on Tuesday, Feb. 20, OOIDA stressed the importance of passing the DRIVE Act before considering a resolution to overturn the Biden administration’s new worker classification rule. The DRIVE Act, which was introduced last year, would stop the Federal Motor Carrier Safety Administration from moving forward with any rulemaking that attempts to mandate speed-limiting devices on commercial motor vehicles.
“As the House of Representatives considers a Congressional Review Act Resolution of Disapproval to overturn the Biden administration’s worker classification rule, we are writing to express our concerns about a provision in the Trump administration’s worker classification rule that would be imposed on owner-operators,” OOIDA wrote in a letter signed by President Todd Spencer. “While we generally supported the 2021 Trump rule and believe it should allow for owner-operators to continue working as independent contractors, we strenuously objected to a provision slipped into the final rule that effectively enables large carriers to mandate that the independent truckers they contract with use dangerous speed limiters. This level of micromanagement flies in the face of independence.”
Although a mandate is strongly opposed by truck drivers, FMCSA is projected in May to unveil a proposal to require speed limiters on most commercial motor vehicles.
Opponents point to dangerous speed differentials and the infringement of a state’s right to set speed limits among the reasons a mandate is a bad idea.
OOIDA also doesn’t want large carriers to be able to force independent contractors to use technologies they deem unsafe. That’s why the Association is urging lawmakers to pass the legislation before it attempts to overturn the U.S. Department of Labor’s independent contractor rule.
“Thankfully, there is legislation introduced in the House – the DRIVE Act – to help alleviate this concern if it is passed before or along with the (Congressional Review Act Resolution),” OOIDA wrote. “Congress must do this if it really wants to preserve the viability of small-business truckers.”
Worker classification rule
In January, the DOL unveiled a final rule that is said to prevent companies from misclassifying workers as independent contractors. The action rescinds a rule from the era of former President Donald Trump that focused on control and profit and replaces it with “guidance for how to analyze employee or independent contractor classification that is more consistent with the Fair Labor Standards Act.” The rule is set to take effect on March 11.
OOIDA has said that any successful worker classification rule must allow truly independent owner-operators to maintain their business model and also protect truck drivers from predatory carriers.
The Association added that if Congress believes the new rule fails to strike the correct balance, it must keep those same independent truckers from being forced to equip their trucks with speed limiters.
“By passing HR3039 before moving a (Congressional Review Act Resolution), you can send a message that you truly support trucking’s independent contractors,” OOIDA wrote. LL
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