OTA Dispatch Issue 2 2018

31 www.ortrucking.org Issue 2 | 2018 L aid bare in Article 1, Section 8 of the U.S. Constitution is Congress’ responsibility for interstate commerce. The Founding Fathers created the Commerce Clause to address one of the major failures of the Articles of Confederation, which created a feckless central government with no authority over interstate commerce, leading to states establishing “rival, conflicting, and angry resolutions,” in the words of James Madison. The Founding Fathers rightly learned that America’s economic strength—and the growth of our national power—relied on a harmonious system of laws that facilitates commerce between states, not hinders it. Perhaps no industry knows more deeply the importance of interstate commerce than the trucking industry. Trucks move more than 70% of our nation’s freight, continuously crossing state lines to deliver the goods that make businesses run, keep store shelves stocked, and our homes filled. It is why it is essential that Congress uphold its responsibility to facilitate interstate commerce. When our trucks stop moving, America’s economy stops growing. And it is why American Trucking Associations strongly supports clarifying the Federal Aviation Administration Authorization Act’s preemption provision to ensure that truckers can continue to operate efficiently and competitively, under nationally- uniform federal regulations—rather than being forced to adhere to a state-by-state patchwork of rules governing driver hours and pay practices. When an individual state like California creates laws that directly conflict with federal laws governing truck driver hours, it not only impacts commerce—it also jeopardizes the safety of the drivers and those they share the road with. Federal law strictly defines how many hours a driver can work in a given day and given week, as well as mandatory meal and rest breaks. Now imagine if those standards changed from state to state. Such a complicated patchwork of rules would make the safe and efficient delivery nearly impossible—just as the Founding Fathers saw and understood when writing the Constitution. Without uniform federal laws and regulations governing motor carriers, multiple layers of rules threaten to impair and impede the movement of freight throughout the country, creating a substantially burdensome and redundant system of rules for operation. As Congress noted in 1994 when passing the Federal Aviation Administration Authorization Act, “The sheer diversity of [state] regulatory schemes is a huge problem for national and regional carriers attempting to conduct a standard way of doing business.” On April 27, 2018, the United States House of Representatives passed the Federal Aviation Administration reauthorization bill, which included the Denham Amendment about F4A. The Senate is expected to consider its version of the FAA reauthorization bill in August. Today, as Congress considers legislation to reauthorize FAA, it must include the Denham Amendment to ensure a uniform set of rules governing interstate trucking. The safety and efficiency of interstate commerce depend on it—and the Constitution demands it. American Trucking Associations is the largest national trade association for the trucking industry. Through a federation of 50 affiliated state trucking associations and industry-related conferences and councils, ATA is the voice of the industry America depends on most to move our nation’s freight. The amendment by Rep. Jeff Denham (R-CA) prohibits states from imposing labor laws or regulations on companies whose employees are subject to federal DOT hours of service (HOS) rules. Additionally, states may not enact or enforce laws that require a motor carrier that pays employees on a piece-rate basis to pay those employees separate or additional compensation, provided the primary compensation is equal to or greater than the applicable hourly minimum wage of the state. The Federal Aviation Administration Authorization Act (known as F4A) of 1994 says that local or state laws cannot interfere with price, routes, or services. However, California courts have repeatedly failed to recognize that the federal preemptions under the Federal Aviation Administration Authorization Act apply to interstate trucking operations. When the U.S. Supreme Court declined to consider a recent appeal, the industry’s remaining recourse became Congress and legislation. The Denham amendment fixes this problem.