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CTA in Action: Government Affairs Update
Last week, Judge Robert T. Benitez issued rulings on two pending motions in CTA’s lawsuit against AB 5. First, as expected, the Court denied the Teamsters' request for a stay of the preliminary injunction, which means the State is still prohibited from enforcing AB 5 as it relates to motor carriers. In rejecting the Teamsters’ arguments, the Court relied largely on earlier findings in Judge Robert T. Benitez’s order granting CTA’s motion for a preliminary injunction. The Court also questioned whether the Teamsters even had standing to challenge the preliminary injunction order on the State’s behalf. Second, the Court issued its order on the State’s motion to dismiss. In short, the Court found that CTA has standing and may pursue the FAAAA preemption claim; however, the Court did dismiss our Dormant Commerce Clause claim. In its decision to reject the State’s challenges to CTA’s legal standing and to our FAAAA claim, the Court similarly relied largely on its findings in its preliminary injunction order. As for the Dormant Commerce Clause claim, the Court held that judicial review under the commerce clause is limited to circumstances where, “Congress has not acted or purported to act” and that in this circumstance, Congress acted by adopting the FAAAA. In summary, the Court’s stay of enforcement of AB 5 as it pertains to motor carriers remains in place and our strongest claim, that AB 5 is preempted by the FAAAA, will move forward. CTA will continue to update membership on the status of this case. At this month’s California Transportation Permit Advisory Council (CTPAC) meeting in Long Beach (at the Port of Long Beach), Caltrans informed attendees that they will be making a major policy change when it comes to vehicle inspections for certain extra-legal hauling equipment. Over the past number of years, CTA and many of its Heavy Specialized Carrier members have been advocating for a change to the Inspection Policy.
Compliance and Regulatory News
Registration is open for the Southern Safety Council Meeting (March 12) and the Northern Safety Council Meeting (March 17). Attendees will receive an FMCSA Clearinghouse update from DOT Safety Investigators. These informative presentations will review the Clearinghouse Regulations, address frequently asked questions and provide guidance on how to respond to common issues with the Clearinghouse system. Register for the upcoming Industry Roadside Inspection Course – Vehicle Requirements, hosted by the Commercial Vehicle Safety Alliance in Kent Ohio from April 6-10. This training will provide attendees with the tools and knowledge to achieve compliance with the roadside safety regulations and a better understanding of the relationship between regulatory requirements and out-of-service conditions. Included in the course is information on regulatory requirements outlined in parts 393, 396 and Appendix G of the Federal Motor Carrier Safety Regulations, the CVSA North American Standard Level I Inspection Procedure and the out-of-service criteria as it relates to vehicle components of a commercial motor vehicle. The deadline to register is March 27. More information Unit News and Events
San Joaquin Unit President's Night Dinner Dance Sacramento Unit Meeting at Capitol Bowl – NEW DATE!! Kern Unit President's Night & Lamb Fry San Bernardino/Riverside Unit Unit Meeting - Save the Date! Los Angeles/Orange Unit Meeting - Save the Date! Sierra Cascade Unit Meeting Statewide Event Calendar
Date: Friday, February 28, 2020 The training will give you an overview of the political process, why it's important to build relationships with legislators, and the knowledge/tools to build political relationships that will have a lasting impact. This training is perfect for any members new to political engagement as well as those who are looking for a refresher. Upcoming trainings
Tuesday, March 3 - Wednesday, March 4 Training is conducted by Angel Arzaga with NATMI Member Alerts
TUFSOB Scholarship Application
Find more information on the Fleet Safety page
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