Legislative Session Recap: Significant Wins for Trucking The 2023 State

Legislative Session brought landmark legislation to improve fleet safety regulation and relief for the ongoing truck parking crisis.

By ATA Staff

During the recently concluded Alabama Legislative Session, the state’s trucking industry achieved remarkable milestones for fleet safety and truck parking. Thanks to the successful partnership between the Alabama Trucking Association and lawmakers, pivotal bills were enacted to tackle pressing safety concerns and address the critical issue of truck parking availability. These groundbreaking legislative measures aim to elevate safety standards, drive operational efficiency, and work to prioritize the welfare of truck drivers and the public alike.

Independent Contractors Safety

One of the notable accomplishments of the legislative session was the passage of House Bill 256, sponsored by Rep. Rhett Marques, and Senate Bill 183, sponsored by Sen. Garlan Gudger. These bills, championed by Alabama Trucking, introduced a safe harbor provision for motor carriers that employ independent contractors (ICs). The new law eliminates the consideration of a motor carrier’s use of safety improvements in determining a driver’s classification as an IC or an employee under state law.

Previously, motor carriers employing ICs faced a challenging dilemma. While they aimed to enhance safety by deploying technologies and implementing safety measures, these actions could be misconstrued as exerting employer-like control over ICs. This classification ambiguity exposed carriers to worker misclassification risks. The law now allows motor carriers to implement safety improvements across their operations, regardless of the classification of their drivers. Removing this obstacle promotes the adoption of safety technologies and practices, benefiting drivers and the public.

Truck Parking Resolution

With the passage of the Infrastructure Investment & Jobs Act, significant resources have become available to address the nationwide truck parking shortage. The U.S. Dept. of Transportation estimates that 98 percent of truck drivers face challenges finding safe parking. This shortage poses a growing concern as freight volume is expected to increase by 21% in the next decade.

To tackle this issue, Alabama Trucking leaders, alongside the American Trucking Associations, worked closely with the Ivey Administration and ALDOT to secure funding for expanding truck parking in Alabama.

ATA also collaborated with Sen. Gerald Allen and Rep. Randall Shedd, urging the state and ALDOT to address the truck parking shortage. Ongoing efforts in Congress aim to allocate additional funding for this issue.

Streamlining CDL HAZMAT Regs

Efforts to streamline the process for commercial drivers applying for or renewing their hazardous materials endorsement (HME) gained substantial support during the legislative session. House Bill 404 aimed to eliminate duplicative background checks by allowing individuals with a valid Transportation Worker Identification Card (TWIC) to apply that background check toward obtaining a HAZMAT endorsement without undergoing the entire process again or paying additional fees.

Commercial drivers currently seeking HMEs and TWICs must undergo redundant background checks and pay duplicative fees, causing financial burdens and delays. By recognizing a valid TWIC as meeting the TSA security risk clearance requirements for HMEs, the proposed legislation sought to streamline the process and reduce unnecessary administrative hurdles. Although the bill did not pass, its broad bipartisan support indicates the importance of addressing these regulatory inefficiencies. ATA leaders will continue to push this issue forward.

All considered, ATA leaders are pleased with the outcomes of the 2023 Legislative Session. The passage of the safety improvement law, the resolution to tackle the truck parking shortage, and the efforts to streamline CDL HAZMAT requirements demonstrate the Alabama Trucking Association’s commitment to promoting safety and its resolve to improve conditions for professional drivers.