Interesting Legislation

As part of its package of legislative recommendations called the Grow America Act, the U.S. Dept. of Transportation is asking Congress for authority to force carriers to pay drivers at least the hourly minimum wage for time spent on duty but not driving. DOT’s proposal carves out an exception if on-duty, not-driving time is covered under a collective bargaining agreement with a unit certified by the National Labor Relations Board.

The driver compensation measure is one of more than 30 provisions included in the Grow America Act’s Title V, which addresses the motor carrier program. None of those provisions rival the driver compensation language in terms of policy, however. “That’s clearly the biggest policy change in the motor carrier provisions and one we are clearly concerned about,” American Trucking Associations Executive Vice President Dave Osiecki told FleetOwner.

Although DOT’s summary of the Grow America Act refers specifically to drivers being “frequently detained for extended periods at shippers or receivers’ facilities,” the proposed statutory language would cover any time on duty but not driving. The legislation would apply to drivers of both trucks and buses.

The proposed legislation “will ensure fair pay for long-distance bus and truck drivers who are often paid by the miles they travel, not their total time on-duty, and face economic pressure to jeopardize safety by driving beyond the mandatory limits,” said FMCSA Administrator Anne Ferro in DOT’s announcement of the Grow America Act.

DOT’s proposal could be the first attempt in decades by a presidential administration to directly regulate truck driver pay, and the measure’s prospects would appear dim as long as the Republicans control at least the U.S. House of Representatives. Even so, industry groups are hardly ignoring it.