• ITVI.USA
    11,011.270
    -13.690
    -0.1%
  • OTRI.USA
    5.290
    0.000
    0%
  • OTVI.USA
    10,996.280
    -11.930
    -0.1%
  • TLT.USA
    2.570
    0.040
    1.6%
  • TSTOPVRPM.ATLPHL
    2.020
    0.120
    6.3%
  • TSTOPVRPM.CHIATL
    1.590
    0.110
    7.4%
  • TSTOPVRPM.DALLAX
    1.380
    -0.030
    -2.1%
  • TSTOPVRPM.LAXDAL
    1.930
    0.070
    3.8%
  • TSTOPVRPM.PHLCHI
    1.140
    0.040
    3.6%
  • TSTOPVRPM.LAXSEA
    2.390
    0.030
    1.3%
  • WAIT.USA
    120.000
    -19.000
    -13.7%
  • ITVI.USA
    11,011.270
    -13.690
    -0.1%
  • OTRI.USA
    5.290
    0.000
    0%
  • OTVI.USA
    10,996.280
    -11.930
    -0.1%
  • TLT.USA
    2.570
    0.040
    1.6%
  • TSTOPVRPM.ATLPHL
    2.020
    0.120
    6.3%
  • TSTOPVRPM.CHIATL
    1.590
    0.110
    7.4%
  • TSTOPVRPM.DALLAX
    1.380
    -0.030
    -2.1%
  • TSTOPVRPM.LAXDAL
    1.930
    0.070
    3.8%
  • TSTOPVRPM.PHLCHI
    1.140
    0.040
    3.6%
  • TSTOPVRPM.LAXSEA
    2.390
    0.030
    1.3%
  • WAIT.USA
    120.000
    -19.000
    -13.7%
Driver issuesLegal issuesNews

ATA joins Walmart in California sleeper berth rehearing request (with video)

A group of trucking interests led by the American Trucking Associations (ATA) is supporting Walmart Inc. [NYSE: WMT] in its bid to have an appeals court reconsider a decision awarding $54.6 million to former California truck drivers for time spent in a sleeper berth during layovers between trips.

The amicus brief, filed Jan. 31 in the San Francisco-based U.S. Court of Appeals for the 9th Circuit, includes the ATA along with the California Trucking Association, CRST Expedited Inc. and U.S. Xpress Inc. [NYSE: USX]. “All have a strong interest in the outcome of this case, which has major implications for the treatment of time that drivers spend off-duty in a truck’s sleeper berth under California wage law,” according to the brief.

In its petition for an en banc rehearing filed with the 9th Circuit in January, Walmart’s attorneys argued that the jury in the lower court was instructed to follow “narrow” language in the retailer’s pay manual to determine if it was exercising control over the drivers even during nondriving times. The petition came two weeks after the appeals court’s three-judge panel upheld the lower court’s decision finding that drivers involved in a class action suit were entitled to back wages under California law.

ATA and its fellow trucking interests argue that the standard of company “control” over drivers created by the appeals court panel that was used to determine that drivers should be compensated under California law “creates an untenable tension” with the off-duty obligations of trucking companies and their drivers under federal hours-of-service (HOS) regulations.

HOS regulations, which prohibit drivers from driving beyond 14 hours of coming on duty until they take a 10-hour off-duty period, do not in and of themselves dictate what portions of a driver’s time are compensable, according to the brief. However, they do define off-duty to exclude not only all time in which drivers work, but also when they are merely “attending a commercial vehicle” while others load or unload it or “remaining in attendance upon a disabled vehicle,” the trucking industry group notes.

“Thus, as a practical matter, there is little if any daylight between time that is off-duty for federal hours-of-service purposes (where so much as attending the vehicle without performing work renders a driver on-duty) and time that is outside the employer’s control (and therefore non-compensable under California law),” they assert. Drivers could not have been required to remain in attendance of their vehicles — as the panel’s decision would have it — and at the same time be off-duty for HOS purposes, ATA and its colleagues maintain.

“The decision, in other words, entails the implausible proposition that both Walmart and its drivers have been engaged in an open and pervasive violation of the hours-of-service rules — exposing both the carrier and the drivers themselves to steep liability under the DOT regulations (civil penalties of up to $15,419 for motor carriers and up to $3,855 for drivers for hours-of-service violations) — which has somehow gone unnoticed.”

ATA’s brief also warned of “far-ranging implications” if a rehearing isn’t granted, predicting that it would “usher in a massive new wave of minimum wage litigation,” with lower courts struggling to deal with the implications of the ruling.

“Every motor carrier has an obligation — both to the motoring public and to its customers — to impose some conditions on drivers before they go off-duty, such as requiring that the driver park the truck in a safe, secure, and legal location before beginning an off-duty period elsewhere,” they state. “No motor carrier would expect that such minor, routine limitations on drivers’ ability to unilaterally go off-duty would represent the kind of control that renders the off-duty time compensable.”

Tags
Show More

John Gallagher, Washington Correspondent

Based in Washington, D.C., John specializes in regulation and legislation affecting all sectors of freight transportation. He has covered rail, trucking and maritime issues since 1993 for a variety of publications based in the U.S. and the U.K. John began business reporting in 1993 at Broadcasting & Cable Magazine. He graduated from Florida State University majoring in English and business.

23 Comments

  1. In the prior article titled : Court upholds ruling that Walmart pay California drivers $54.6 million for layover time

    It is mentioned that , and I quote :

    “In a nod to the unique nature of California law, Siler acknowledged that a key part of Walmart’s argument — that drivers should not be compensated during periods when federal and state statutes require them not to work — “has logical appeal, but it does not follow California law.”

    REQUOTE :
    “drivers should not be compensated during periods when federal and state statutes require them not to work ”

    In response ; Nor should employers exercise any sort of control over an employee during periods when federal and state statutes require them not to work . Which also means to relieve any employee from ALL responsibility to the employer when federal and state statutes require them not to work .

    A layover :
    “a period of rest or waiting before a further stage in a journey.”

    Who is putting an employee in such a position away from home due to work ? Is this not a form of “control” ? Is it part of the work agenda ? Therein lies your answer .

    The argument based on , Quote :” exposing both the carrier and the drivers themselves to steep liability under the DOT regulations ” is hypocritical at best . WALMART PAID THE EMPLOYEES ! The argument is that Walmart simply didn’t pay them enough for the control they exercised over the employees during layovers . Therefore is Walmart indirectly admitting to have violated HOS and forcing employee drivers to do so as well under Walmart’s control due to paying employees for time in excess of federally regulated HOS ? Careful , your argument is a double edged sword .

    We need to draw the line here . If an employee is deemed to be under the control of an employer due to working conditions , the employee should be compensated a minimum amount per hour for their time under said control .

    I would even go a step further and suggest , any truck driving employee which is REQUIRED to sleep in a sleeper berth while under the control of an employer putting them in such a situation due to a WORK AGENDA set by the employer , the employee should be compensated due to being under such “control” !

    The trucking industry has used the HOS regulations as they please in their favor manipulatively since yesteryear . Now the industry is being called on their hocus pocus employee fleecing tactics . You can’t have your cake and eat it too . WELCOME REVOLUTION !

    Therefore are carriers aka truck driver employers and truck drivers violating HOS based on its current structure ? ABSOLUTELY ! The current structure is irrational that’s the problem . It’s given an interpretation that unjustly serves the industry , not the labourer ethically .

    While being considered “off duty” , are truck drivers still servicing their employers by sleeping in a berth or while obliged to layover based on the structure of the run created by the employer ? ABSOLUTELY !

    I have mentioned time and time again , the HOS regulations , being paid by the mile and even how they’re generally calculated , and the ELD are all in CONflict !

    The industry needs to be restructured due to its irrational structure . The industry is using its own defined regulations and ill structure to fleece drivers . The arguments used in an attempt to justify fleecing drivers in this case are based on the industry’s “own regulations” and it’s definition thereof . WOW ! This industry is nothing less than extremely flawed and abusive !

    If an employee is under the employers “control” during 24 hours , the employee should be compensated for 24 hours , not based on some hocus pocus self defined HOS regulation in an attempt to neglect what “hours of service” truly is defined to be .

    Again I’ll ask based on simplicity .

    How many hours in a 24 hour period is an employee under the control of an employer based on the work agenda set by the employer ?

    That answer will define if an employer in the trucking industry is violating true HOS . While under the control of an employer there are different actions that cover HOS . Working/physical labour/driving , waiting ,and sleeping . Anyone of those actions performed as part of a “working environment” aka work agenda , are defined to be under the control of the employer . Anything , any action, an employee must undertake that is part of their employment duties are to be compensated .

    What the trucking industry is attempting to suggest is that when you’re “married” , you’re only married while making love . When you’re not making love you’re not married . Furthermore , they decided to reserve the right to determine what defines making love according to their desired interpretation . That way they can cheat their spouse without any financial repercussions . LOL !

    That’s exactly what they do in regards to the way they calculate miles , and define HOS .

    In my humble opinion ………..

      1. Just because these big companies have unlimited money, that does not give them the right to lie and cheat the drivers!!!! I worked for Walmart for 15 years and YES they did take control of the drivers 24 hrs. a day…
        We could not leave the truck, we were NOT ALLOWED to sleep at home unless we got permission from management!! And if we got permission we did NOT get our layover pay!!!! and if we did sleep at home without permission and Walmart found out we would be fired on the spot!!!!’ Walmart thinks they are above GOD, and control everything we do!!!

  2. All this nonsense can be easily bypassed if TRUCK DRIVERS UNITE and structure their Alliance innovatively , ethically , and wisely .

    Why O why are you drivers allowing yourselves to be yanked around by people who want to take advantage of you and prosper off your backs in the process ?

    Unite , collectively own this industry and you’ll be paid 24 hours a day , 365 days a year . You wouldn’t be overworked and underpaid . You would literally set the bar .

    You structure it so that it not only renders you extremely prosperous , but for it to become fun as well . Remember , if you enjoy what you do and you’re paid for it , then you’re paid to enjoy yourself . This industry is beyond whacked . We don’t need to be clocked . We know when we’re working and not . We don’t need someone to define it . This has become beyond absurd .

    Look at these shippers getting whacked left and right . There is a way to prevent and relieve them from this , at least in regards to their transportation needs at first . We don’t need to argue about HOS . We don’t need to compete among each other if we unite . That’s the beauty of it .

    The industry as we know it has lost its marbles due to competing against one another to the point of underpaying and overworking their breadwinners .

    Efficiency ? Cut out the middlemen ! You just increased your earnings tremendously by doing so . Too many people have their hands in driver pockets , too many ! Even “truck stops” . Who do they typically cater to ? TRUCK DRIVERS ! Without you , no truck stop . That business depends upon YOUR “needs” . United you position yourselves to own them if they are still needed according to your structure .

    Parking ? United you can have all the parking space you want depending on how you “structure” your ALLIANCE ! You create space according to the needs of your runs . You time your runs so that they coordinate with the space they need . If you’re going to be pressured into paying for parking , position yourselves to buy the whole freaking lot(s) ! Some of those lots can also be extended into drop & hook trailer switch yards ! Why not include a truck wash and repair service center etc . All conveniently at one location .

    If truck drivers were to coordinate their runs so that they could all easily bypass any one truck stop , how long do you think that truck stop could sustain itself without you ? Test it ! That’s the sort of legal power you would obtain through collective free will if you unite . No law forces you to stop at any one truck stop . Though if any one of them were to go belly up , you could potentially collectively buy it out to relieve the owner from their burden , LOL !

    Truck drivers could be treated like kings if they think and position themselves like kings . On the other hand , there’s nothing wrong with being a peasant if that brings one joy .

    In my humble opinion …………

      1. At one time they were quite a force to be reckoned with . Deregulation in the trucking industry weakened them tremendously . Currently organized labour unions lack innovation . If you go far back in history to their origins in the 1800’s , you’ll realize just how old the current regime is . It most definitely needs major improvement .

        You may like to give the “Noble and Holy Order of the Knights of Labor” when Terence V. Powderly was the leader a look . Check out The Haymarket affair/Haymarket riot and why it took place , and its influence on how Labour Day came into existence .

        You may like to look into Robert Owen’s influence on the 8 hour work day ,and 40 hour work week , cooperatives and trade union . A remarkable individual to say the least .

        In my humble opinion ……

    1. Truck drivers needed to paid all hours except the mandatory sleeper berth unless shopping or some other personal items. The A T A wants to keep truck drivers under paid without overtime pay and proper medical care. The whole industry needs many changes. I am in Ontario Canada at Queens park protesting the lack medical treatment for injured drivers and the homeless and insurance companies not responding to fire ,theft and windstorm claims waiting over 5 years after a house has been condemned. Then trying delays in court putting a big burden on the nonprofits and the taxpayers. The A T A needs to make sure truck drivers are not leaving because of injuries caused by no safe parking area and low pay with E-logs

      1. Quote :
        “Truck drivers needed to paid all hours except the mandatory sleeper berth unless shopping or some other personal items. ”

        NO !

        The debate here is based on the “control” an employer has on an employee ! If an employee “needs” to sleep wherever while ON THE JOB under the control of an employer , then that employee should be compensated for the time under an employers control , period .

        Simple example . Let’s assume that your employer’s truck broke down on the road and it would take 2 days to service it at a repair shop . The employer decides to put you in a hotel while waiting for the truck to be repaired . You are to be compensated for all hours while under the employers control ! The sleeper berth has nothing to do with it per se . Time under the employers control is the issue .

        Read the article . A layover is considered to be , and actually is, time under an employers control . So that’s what we’re debating . Time an employee is under the employers control .

        In my humble opinion ………..

        1. If you live and work in a construction camp you are not paid for time spent in the camp sleeping. I want fair truck driver pay and treatment but I want to fair. Currently truck driver treatment is not fair. I agree that if the truck is broken down the truck driver should be paid but limited to 10 hours per day plus a hotel room.

          1. Now you’re comparing the construction trade to trucking ???

            Perhaps that’s where you should go to drive a truck if you want what’s fair . You’ll be paid according to the class of the truck and the decree according to the class . You can’t get any fairer than that . You’ll be part of a labour union . You won’t have a choice , that’s how it functions in construction .

            In this public road transportation industry fair doesn’t exist . There is no salary structure , no decree .It’s each one for themselves . That’s why a driver that just got out of trucking school can be paid the same salary as a driver that has been driving for 30 years . Plus there is no overtime unless above 50 hours with a statutory holiday in the given week . Without the statutory holiday overtime is only applied above 60 hours within a given week based on Canada’s government labour wage code/law. Unless you find a transportation company that has a “fairer” structure .

            If we attempt to establish a decree they will cry F4A preemption . So we need to outsmart them and restructure the industry or get F4A ratified .

            The government’s minimum wage labour code would need to establish a maximum 8 hour regular work day and every hour under the control of the employer above it within the same 24 hour period paid at time and a half for OTR .

            If that were to occur it would add up to $34.285 an hour based on the current maximum HOS in Canada which is 14 hours , assuming minimum wage would be $15 an hour but calculated as being under and employers control during 24 hours OTR .

            But even then , you’ll be wasting a lot of time collecting your dues . This industry is whacked . Most are unethical . They pay by the mile and expect charity when it comes to detention .

            You speaking about fair means this industry is not for you unless you’re willing to create a significant change for it to become “fair” across the board .

            Or work for a company/carrier that has a labour union established within it . Or be very good at negotiating . To put chances on your side you’ll need to drive for an O/O or a small carrier . Big carriers have their own structure established . They won’t negotiate much with you if at all .

            Pay should be limited to 10 hours per day ??? What are you talking about ? This industry is definitely not for you . You’re not even fair with yourself ! Or we certainly don’t share the same interpretation of what “fair” is .

            In my humble opinion

  3. Lol sleeping in your truck is part of the job and is and has been for decades the off duty time is included in your base pay you want paid for 24 hours bullcrap all the carriers have to do is restructure the base pay so you’re still making the same

    1. Quote :

      “sleeping in your truck is part of the job ” BINGO ! PART OF THE “JOB” aka under the control of an employer !

      And it should be recognized as such and accounted for within the HOS as being in service on the job . In this manner everyone will be on the same page and the industry will become a little more transparent .

      I wouldn’t want to burden the industry too much , however , they should perhaps ratify the HOS regulation to include ALL hours on duty(under an employers control) otherwise the “work week” would end slightly before the completion of 3 days under its current structure . We certainly wouldn’t want the industry to experience a “driver shortage” now would we .

      As a first step that’s all I suggest . Render the trucking industry transparent and abide by labour laws . “All hours” a labourer is under the “control” of an employer should be recognized as such and accounted for as on duty . Keep in mind that general labour law wages are based on minimum compensation time by the hour , not per mile .

      Thanks for your recognition .

      You can manipulate and restructure the base pay as you please by abiding and within general labour laws to account for the 24 hours of service as your heart desires .

      You’ll come to the realization that you’ll need to restructure the current regime within the industry . That’s the point ! I anticipate all your moves before you even start thinking about them , LOL (wink)

      In my humble opinion ………

  4. Sleeper berth .

    Another example :

    If you were to be on the job as a team in the truck , are you paid while in the berth ? Now you’ll say: ” yes but that’s while another driver is driving” . That is another of the industries hocus pocus justifications . The point is you are paid while in the sleeper berth while structured as a team . Now remove the industry’s self proclaimed manipulative “rules” . You’re on the job under an employer’s control and you should be compensated for that time whether the truck is moving or not . ABOLISH the pay per mile hocus pocus . Focus on “time” .

    My point reflects the point labour laws are pointing out . While under the control of an employer you’re on the job and should be compensated for all time under an employers control , period !

    Pay per mile was structured when you could drive as long as your heart desired . Today it no longer functions that way , though the industry wants to keep compensating you as if you could . Major flaw in that structure . It no longer holds . Therefore to simplify based on the employer employee control factor , it’s only reasonable to focus on time in accordance with labour wage laws .

    That being said , we need labour laws to establish a limit on what is considered regular labour time . Ahhhh now it becomes interesting . Now we come to the 8 hour work day and 40 hour work week which we have fought so hard to establish . Any time that surpasses an 8 hour work day UNDER THE CONTROL OF AN EMPLOYER needs to be established as compensation at time and a half in labour laws .

    The trucking industry has the freedom of choice in the way they CHOOSE to “structure” their runs . I’m not saying that an employer needs to hire a driver to work beyond 8 hours a day under their control . That remains within the freedom of their choice . All I’m saying is that there needs to be very clear rules established that everyone must abide by in regards to labour . However , no employer should be allowed to “force” an employee to work or be controlled by an employer beyond 8 hours per day . The labourer should be granted the choice of accepting to work and or be under the control of an employer beyond 8 hours per day .

    Otherwise there’s no point and exaggeration and abuse it shall continue to be . We must not allow an inch of ambiguity ! Otherwise they will abuse and take a mile . Isn’t that what has occurred with paper log books and detention ?

    In my humble opinion …………

  5. Furthermore , once UNITED it is highly recommended to establish the truck drivers Alliance’s own truck driver school . Within its curriculum there is a driver perfection program . The school must incorporate an obstacle course which every driver must attend once a month during a full 8 hour day . Obviously not all drivers at once on the same day within the month .

    You will not only be “truck drivers” . You will become experts in all sorts of conditions and dealing with all sorts of issues . We can fabricate synthetic ice and snow any time of the year . We can simulate anything within a safe and protected environment with the right equipment .

    The trucking schools we have today have some good ideas but are nothing compared to what I’m suggesting .

    A new student driver would go through schooling while being compensated . That student would go through a sophisticated truck driving educational program on a sophisticated educational truck driving course , not on public roads . Once the student has accomplished a certain degree of ability and knowledge , then that student would be brought out to drive a truck on a public road , not before .

    Your minds should be moulded into sophisticated expert high precision drivers through constant and never ending improvement .

    As the Alliance progresses it is highly recommended to incorporate truck design and manufacturing . You will not only be involved in expert high precision driving , you will collectively be involved in improving truck design and fabricating parts . You will be part of an empire that specializes in trucking transportation from A to Z . The Alliance hires its own designers , engineers , labourers, and obtains its own manufacturing plant etc . The Alliance leaves no stone unturned in this industry , not a single one !

    Anyways , I’ve mentioned this before .

    On another note . As I’m writing this comment I’m listening to the video in the article .

    I don’t like the excuse that trucking is different from other “jobs” and therefore be preempted from certain “regulations” in regards to employment laws . BS ! There is no bona fide justification to allow anyone under any circumstance to be allowed to take advantage of another unethically , NONE !

    You set the rules for everyone to abide by and then let them figure out a way to structure within those rules . That’s what they did with the ELD mandate . As much as I’m against the way that mandate was introduced and enforced without setting up the industry beforehand to incorporate it easier , they did it . So do it again ! Apparently they’re real good at enforcing things without fully thinking them out before hand .

    Let’s keep this very simple . If truck drivers UNITE , laws like AB5 or whatever hocus pocus HOS the regulators want to come up with will not affect them in the least . The “general” reason for such laws were due to abuse , negligence , and a complete disregard for ethics .

    So while the “system” still argues over how to improve it , UNITED truck drivers can improve it simply by being ethical among one another and structuring the Alliance so that they all collectively prosper equally financially across the board . Enough with the pencil pushers and fleecing cheerleaders already . We’ll lobby you when the time is opportune to wake you up .

    If we design and manufacture trucks(or partner with one) that we are only willing to drive and render them safer , more efficient , we will not only increase our safety and facilitate our jobs , we will also be increasing the publics safety as well .

    We will go even further . We will also incorporate automobile driver education within the Alliance’s trucking school . I believe both should be merged into one . In this way the automobile drivers will truly understand what a truck on the road is all about , and they will become high precision drivers due to the obstacle course too.

    Freaking primitive system , wow ! They should have done this decades upon decades ago !

    In my humble opinion ……….

    1. Well then , YOU care James ! If you didn’t care about how they pay then you wouldn’t care about it adding up to justify your time and effort .

      When it comes to expressing our concerns in this industry , we must be very clear and straight forward . Otherwise you’ll be played like a fiddle . They’ve been playing drivers like a fiddle for decades ! WE SAY NOMORE ! It needs to stop and we need to stop it collectively . All for one and one for all !

      They want to use the FAAAA preemptive card foolishly in their favor at drivers expense ,fine ! We’ll get rid of them and in doing so , the manipulative use of the FAAAA will cease as well .

      Problem solved !

      In my humble opinion ………..

      1. Would you like to know Walmart’s biggest fear ? They fear organized labour unions like the plague !

        The UFCW have managed to put their foot in the Walmart door . I’ve seen Walmart stores shut down and close to avoid a labour union from establishing itself in it . Walmart can’t shut them all down though , LOL !

        However , the union doesn’t have the best tactic to win at Walmart’s little game . They need to hit them ALL at the same time during a particular moment during the year . Not one by one .

        You have ALL non management employees walk out at a very opportune moment . Walmart would crack ! Do you have any idea how much money on average a Walmart draws in on a given day ? I do . Do you have any idea what sort of a financial loss they would endure if a labour union came up with a strategy that couldn’t fail ?

        Walmart would bend or literally shut down . You give them no other alternative . When they’re that big , you need to apply a strategy that would shock them dramatically instantly on a massive scale . They wouldn’t be able to deal with it . To pull this off effectively , you need to approach their competitors where unions are already established .

        I’ve NEVER written nor mentioned this anywhere but now and here . The bigger they are , the harder they fall . Walmart is no different . I’d take that challenge in a heart beat . I guarantee I would win without the benefit of a doubt . It isn’t even really a challenge .

        Anyways , that being said , my eye is on uniting truck drivers and creating a Truck Driver Alliance . Now that’s a freaking challenge , LOL !

        In my humble opinion …………..

  6. I work for Walmart for 15 years and 4 months they were the most controlling company I have ever worked for they’re different programs for the drivers to choose from five two meaning work 5 days 2 days off week on week off and so on I worked a 5-2 they still force you to extend and working to your weekend with no extra pay we control your Sleeper Berth time you can’t leave the truck if you do without permission you’ll be fired the only time you could leave the truck is if you get permission and you park at a Walmart facility how many of us live close to the Walmart facility to go home and see our family if you leave the truck if you’re close to home and they find out you will be fired. the best thing I ever did was leave Walmart

  7. All they have to do is put people on a daily rate and get rid of cpm. It is easily fixed pay wise but for violating the HOS. They will have to give drivers the card that says they are relieved of all duties while they are on their 10 hr break. It was that way years ago and was accepted in The communist country of California.
    If they have to pay some one 24 hrs a day then you pay them minimum wage for all 24 hrs. That will increase a lot of people’s pay and make inflation skyrocket. Some states will be paying $360 a day and others will be paying $174 a day. Companies will make sure they don’t hire from the expensive states.

    1. No to the inflation theory .

      It will force them to restructure and be more efficient .

      It has to be set as 8 hours regular work time and anything above 8 hours paid at time and a half . Paying a driver at time and a half will force them to limit the shift at 8 hours per shift due to costing less to have another driver take over at regular pay after the first one completes an 8 hour shift rather than keeping the same driver on .

      Therefore , rather than have 1 driver paid for 24 hours with 16 of those hours paid at time and a half , you hire 3 drivers to drive 3 shifts and trucks run 24 hours a day like if it were running with teams .

      No more violating HOS , nor stressed drivers trying to beat the clock ,and no more tired drivers . No more parking issue since the driver is back at the terminal after the 8 hour shift .They no longer sleep on the road . If you have a load that takes more than 8 hours to get to its destination , have drivers switch at safe & secure service yards after 3 to 3.5 hours of driving time coming from opposite directions .

      The more those trucks run the less it costs . Consolidate carriers & brokers . In other words , the industry would be coming back to a similar structure as it was back in the 50’s . The industry would no longer need sleeper trucks for dry van and reefer loads . Those sorts of OTR loads will be covered by autonomous trucks anyways .

      Specialized loads would need to be structured a little differently . Example : car carriers would have to have full loads loaded by someone other than the driver due to the time constraint . No more long haul truck drivers driving around like a taxi picking up & or dropping off cars at numerous destinations . They drop the full trailer in a yard & switch . A city driver drops off and or picks up the vehicles at numerous destinations within a certain radius around a city .

      The reason why the industry is structured the way it is , is due to getting away with abuse . Remove the abuse and they’ll restructure it to function without abuse .

      No more sleeping on the road . No sleeping on the road means the truck produces more . You no longer live on the road , you have a life aside from work . It’s no different than a factory functioning 24 hours a day with three 8 hour shifts .

      Hours won’t be paid at minimum wage due to drivers being employees and UNIONIZED . Nothing prevents drivers from uniting themselves and creating a or plural Co-Op Carrier(s) .

      IMHO

Close