US EPA Approves Waiver for CARB to Enforce Tractor-Trailer GHG Rule

Requirements on trucks pulling 53 foot van styled trailers – enforcement could begin soon

The U.S. EPA will be publishing in the Federal Register its approval for the California Air Resources Board to begin enforcement of its Heavy-Duty Tractor-Trailer Greenhouse Gas Regulation or more commonly called the SmartWay rule. Read more

California Supreme Court Orders Trial to Determine if O-O’s were Misclassified as Independent Contractors

Drayage carrier Pac Anchor utilized truck lease-purchase business model

In another major set-back for California based motor carriers, the California Supreme Court issued a decision on July 28, 2014 affirming California’s Business and Professional Code § 17200 (“unfair competition law” or “UCL”) is not preempted by federal law. This decision is closely tied to the recent Ninth Circuit decision finding no federal preemption exists concerning motor carriers being required to follow California’s (paid) meal and rest break requirements for their employee truck drivers. Read more

FMCSA Head Anne Ferro to Step Down

U.S. Secretary of Transportation Anthony Foxx announced on July 25, 2014 that Anne Ferro, Administrator of the Federal Motor Carrier Safety Administration (FMCSA) intended to resign her position at the end of August. Read more

CCTA Comments to CARB; “Keeping it Real”

CARB’s Proposed Plans to Implement Rule Changes Needs More Work

The CCTA officially submitted its comments today to the California Air Resource Boards on its proposed language to implement board approved amendments. Instead of writing an article about our comments, we’re simply reposting the filed comments in their entirety.

July 17, 2014

VIA E-MAIL

Clerk of the Board

California Air Resources Board

1001 “I” Street

Sacramento, CA. 95812-2815

Re: Proposed amendments to the Truck and Bus Regulation (section 2025); 15 – day   Modifications to Title 13, California Code of Regulations

To Whom it Concerns,

On behalf of the members of the California Construction Trucking Association (“CCTA” or “Association”) formerly known as the California Dump Truck Owners Association (“CDTOA”) we submit these comments in response to the California Air Resources Board (“CARB”) 15-day notice of proposed amendments to the Statewide Truck and Bus regulation implementing additional compliance options approved by the full board on April 25, 2014.

Read more

CARB “Loan Denial Provision” Language a Farce

15 – Day Rule Change Procedures Make Access Unlikely for Most Truckers

After all the hoopla, name calling, and even one lawsuit to stop CARB from moving forward with proposed amendments to the Statewide Truck and Bus rule, it appears CARB staff never intended to allow anyone to access a new provision called the “Economic Hardship Extension” or commonly referred to as the “loan denial provision.”

On July 1, 2014 CARB issued its Supplemental 15-Day Notice describing how the agency intends to implement board approved amendments to give truckers – typically owner-operators and small-business truckers unable to secure financing more time to comply with CARB’s rule. The requirements laid-out in the 15 – Day Notice are so onerous it is difficult to imagine many truck owners will attempt to take advantage of this new provision. Read more

LOIS HENRY: Science behind air regs more sketchy all the time

By Californian columnist Lois Henry

The more I learn about how certain air regulations were concocted, the more ludicrous it all seems. Tomorrow the California Air Resources Board will debate whether to extend the deadline for small trucking firms to comply with rules on PM2.5. (That’s tiny bits of fine particulate matter contained in soot, dust and diesel exhaust.)

Truckers will be fighting truckers over table scraps. Read more

State and Federal OSHA Focus on Fall Safety

Federal and state Occupational Safety and Health Administration (OSHA) agencies are putting their focus on fall safety, the number one cause of death at construction sites, this summer.

Cal/OSHA inspectors fanned out at construction sites in the San Francisco Bay Area late last month, following a recent rash of fatal accidents in the region. Investigators have been deployed to inspect construction worksites throughout the coming weeks to determine whether adequate measures have been taken to identify safety hazards and prevent injury. Read more

Major Changes Coming to Heat Illness Standard

The Division of Occupational Safety and Health is proposing major revisions to California’s heat illness prevention standard.
The action is not yet a formal rulemaking, but the agency is sending its proposal to the Standards Board, is a big first step in revising the almost 10-year-old regulation. Employers with heat exposures may be well advised to pay attention to this issue as it advances through the regulatory process. Read more

Rally in the Valley: “Fed Up At the Pump” Coalition Gets Rolling

By Betty Plowman – Northern California Service Director CCTA

A newly formed coalition that is taking a stand against a fuel tax increase set for January 1, 2015, held its kick-off event at 3B’s Truck and Auto Plaza in Lodi on May 23, 2014.

The group is calling the state mandated increase a hidden, regressive tax created by the California Air Resources Board (CARB) without voter approval or approval of state legislators. The CARB created price increase under is a result of its “Fuels Under The Cap” regulations, part of AB 32, the Global Warming Solutions Act, which was passed in 2006. Read more

Caltrans Budget Final Cut $1.78 Billion, No Rescue

The dust has settled on the California state budget process so we now know how bad the cuts for Caltrans’s fiscal 2014-15 budget (which started July 1) will be—$1.78 billion or 13.8 percent chopped off—for a total of $11.065 billion as compared with $12.89 billion for last year.

Virtually all of the cuts will come from the project side of the ledger as Governor Brown’s new five-year infrastructure plan kicks in this year with its emphasis on repair and maintenance, rather than new capacity for our highways, bridges and rural roads. (see the details for the infrastructure plan at www.ebudget.ca.gov/2014-Infrastructure-Plan.pdf ). Read more