Commentary: The AB5 Fight – Music to My Ears!

By Shepard Dunn, TCA Profitability Consultant

In the recent ruling in Calif, Judge Roger Benitez wrote, “There is little question that the State of California has encroached on Congress’ territory by eliminating motor carriers’ choice to use independent contractor drivers, a choice at the very heart of interstate trucking. In so doing, California disregards Congress’ intent to deregulate interstate trucking, instead adopting a law that produces the patchwork of state regulations Congress sought to prevent. With AB 5, California runs off the road and into the preemption ditch of the FAAAA. Accordingly, plaintiffs’ motion for a preliminary injunction is GRANTED.”

You can’t help but agree with how this Judge thinks about trucking as it’s at the very core of every small business in this country. Just the idea of entrepreneurship and the simple pursuit of happiness, which are still our basic rights were challenged at the state level. As Jack Porter says, these I/C’s all made the decision to work for themselves, they do have many other options, with thousands of truck driving jobs available across this country of ours. Ahhh, the beauty of living in a free country, choices.

Currently, Federal Preemption over state rules, at least in this case, is still working. You must applaud the companies, the Calif Trucking Association & many others for standing up for our industry & fighting. It’s a perfect time to step back & say Thank You for a job well done! That doesn’t mean the fight is over though.

It challenges the very being of every Trucking company, large & small, into why it exists. At some point each owner out there started with one truck, trailer, driver (maybe you) & had a dream to haul freight. Remember that feeling?

When this type of fight rolls across this country & comes to your state next, are you ready to fight? If any doubt at all, just remember that feeling.