The 5th Wheel
Government Affairs Update
 
The CTA office will be closed November 25-26 for Thanksgiving - Happy Holidays!
 
From CEO Shawn Yadon
 
I wanted to take a moment to provide an important update on CTA’s litigation challenge to AB 5. As you’ll recall from Friday’s update, we have been awaiting word back from the U.S Supreme Court.
 
I am pleased to report that the U.S. Supreme Court earlier this morning, issued what is known as a CVSG (Call for the Views of the Solicitor General) in our litigation. So instead of issuing a flat denial of our cert petition, or granting our cert petition outright, the U.S. Supreme Court is asking the federal government for its views on the case and the question we pose related to federal preemption of AB 5. It is quite common for cases that involve federal preemption for the Supreme Court to seek the views of the federal government, so from that standpoint we are not surprised by this outcome today. In my view, this is a positive development from the perspective that the U.S. Supreme Court is taking a very close look at our case for consideration.
 
Our preliminary injunction protecting trucking in California from enforcement of AB 5 will continue to remain in place. In terms of timing for the next steps in the process, that is difficult to calculate. The Solicitor General is not faced with a deadline to submit the views of the federal government, so we could be looking at anywhere from 2-5 months as even a general timeframe for the court to hear from the government. We will have the opportunity to reply to that federal government submission once it is filed as well.
 
You will continue to receive updates on this critical litigation as developments warrant.
Last week Senior Vice President of Government Affairs, Eric Sauer, participated in a virtual panel discussion during the Self-Help Counties’ “Back to The Future” transportation summit. The session entitled “Focus on the Future: The Future of Highways” provided CTA an opportunity to provide its perspective on highway capacity issues, transportation funding and advancing technology. Mr. Sauer’s comments focused on the Association’s engagement and efforts on improving the State’s infrastructure (contributing $3 billion annually) and its concerns with the state’s ambitious zero emissions technology goals. He reminded attendees that over 1 million trucks operate in California and transport 80% of goods hauled in the state and with freight growth continuing to climb we need to make sure California has the capacity to accommodate the growth.
Earlier this month CTA was made aware of a proposed (DMV) IRP change that would have had an impact on CTA carrier members who have licensed VIN verifiers on staff. The proposed policy would have prevented the company representative that is signing the Schedule C the ability to perform the VIN Verifications as required by law on behalf of the company. Upon hearing about this issue and its impact on a few CTA members, CTA met with DMV and expressed industry’s concerns with the proposed change. A few days after being made aware of industry’s concerns, DMV informed CTA that DMV IRP Operations was not adopting the new policy and would revert back to its previous policy. For more information contact Eric Sauer at esauer@caltrux.org.
Earlier this month, California Highway Patrol (CHP) Commissioner Amanda L. Ray selected Assistant Commissioner Sean Duryee to serve as the new Deputy Commissioner for the CHP.  In his new capacity Deputy Commissioner Duryee is responsible for the oversight of the Department’s day to day operations, including field and staff operations in addition to the Executive Offices, which include Inspector General, Community Outreach and Media Relations, Internal Affairs, Risk Management, Equal Employment Opportunity, and the Office of Legal Affairs.
 
CTA members will remember Deputy Commissioner Duryee from his time as the Commander of the Commercial Vehicle Section as well as being a presence at many CTA events. The California Trucking Association congratulates Deputy Commissioner Duryee on his promotion and looks forward to working with him in his new capacity.  
CTA partnered with PCS Safety Inc. to develop a COVID-19 Prevention Program designed specifically for the trucking industry to assist our members in complying with recently revised Cal/OSHA regulations and CDC and Department of Public Health safety recommendations for the transportation sector.
 
This comprehensive and customizable program, which has been recently updated with the Cal/OSHA June 2021 revisions to ensure compliance with the requirement that employers implement a written COVID-19 Prevention Program, has the forms, signage, training materials and information your business needs to implement your own COVID-19 Prevention Program. Protect your business, employees and customers.
 
Group Asks for Personal Conveyance Limits
PrePass®
The Commercial Vehicle Safety Alliance has petitioned FMCSA for a second time to more clearly define the term “personal conveyance” in hours of service regulations. It is asking the agency to add a maximum distance or time limit to the rules.
 
Read more in this PrePass blog.
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CTA Highlights
 
Hyundai Translead is a leading manufacturer of dry and refrigerated van trailers, domestic containers, container chassis and converter dollies for the North American transportation industry. Established in 1989, Hyundai Translead is a wholly owned subsidiary of Hyundai Motor Company Korea and is headquartered in San Diego, CA with three state-of-the-art manufacturing facilities located in Tijuana, Mexico. In 1996, the company was the first major trailer manufacturer in North America to receive ISO: 9001 Certification, which was awarded for consistent and documented quality in manufacturing, and has earned re-certification every year since.
 
Nominations are being accepted for the trucking industry’s "pioneers" to participate in the Golden Jubilee Club. Members of this distinguished group meet each year at CTA’s Annual Membership Conference to honor the pioneers of our industry and to introduce new members of the Golden Jubilee Club.
 
Eligible candidates are either working with or retired from CTA member organizations and have served a minimum of 50 years in the trucking industry. 

Recipients will be honored at the CTA Golden Jubilee Club Breakfast beginning at 8am on Saturday, January 22, 2022 at the Paris Hotel, Las Vegas, in conjunction with California Trucking Association’s Annual Membership Conference.
 
Submit nomination forms to Tina Ferguson at tferguson@caltrux.org by 5pm on Thursday, December 30, 2021.
Joe Kent was the Vice President for CTA from 2004-2014. He was an ordinary person who accomplished extraordinary things for our association through selfless acts of service.
This award celebrates Allied members in action, who like Joe, have given generously of themselves for the greater good of our organization over the years. In remembrance of Joe, we have created our highest recognition to be awarded annually at the Annual Membership Conference held each January. The recipient will be honored at the President’s Lunch on Thursday, January 20, 2022 at the Paris Las Vegas, receive a $1,000.00 donation given by the Allied Member Conference that is to be awarded to the CTA activity of the recipient’s choice, and have their name inscribed on a commemorative plaque that will be permanently and proudly displayed at the CTA headquarters in Sacramento.
 
Eligibility:
Be an Allied Member in good standing.
Volunteer on a CTA committee, conference or council.

To be considered for the award:
Have a CTA member (in good standing) nominate you by completing the nomination form.
Receive endorsement from your committee, conference or council Chair to confirm your participation.

All nominees endorsed at the Allied Conference Committee level will be forwarded to the Past Presidents Council who will select the final recipient.
 
Only properly endorsed nominations received by the Past Presidents’ Council by the deadline will be considered.
 
We encourage you to apply for this special award, CTA's highest commendation for Allied Members!
 
Submit nomination forms to Tina Ferguson at tferguson@caltrux.org by 5pm on Thursday, December 30, 2021.
 
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