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Feb 11, 2012

STATES' BILLS * USA

* New Jersey bill would reclassify port, parcel truckers

Trenton,NJ,USA -Land Line Magazine, by Keith Goble -10 Feb 2012: -- An effort underway at the New Jersey statehouse would reclassify drayage truck operators and parcel drivers as employees...  Dubbed the “Truck Operator Independent Contractor Act,” the legislation would deem port truckers, including owner-operators going onto a port, to be employees...  The legislative attack on driver classification follows a successful lawsuit in the U.S. Court of Appeals for the 9th Circuit brought by the American Trucking Associations. The truckers group sued Los Angeles over portions of its clean truck program, including an expensive concession requirement that all trucks entering the port would have to comply with...  The ruling confirmed that states cannot regulate the routes, rates or services of trucks engaged in interstate commerce...  Supporters of the reclassification in New Jersey claim that drayage and parcel truckers in the state are being misclassified...  Gail Toth, executive director of the New Jersey Motor Truck Association, said the state would be better served to enforce existing rules on classification...


* Minnesota bill would negate indemnity clauses

Saint Paul,MINN,USA -Land Line, by Keith Goble -10 Feb 2012: -- On the move at the Minnesota statehouse is a bill that is intended to protect truck drivers in the state from an unfair clause in motor carrier contracts...  The Senate Transportation Committee voted Thursday, Feb. 9, to advance a bill to do away with indemnification clauses in trucking contracts. The clauses are set up to protect shippers or hold them harmless from anything that happens with a shipment...  There are 30 states that have acted to outlaw the provisions in contracts. In the past year alone Arizona, Oregon, Utah and Wisconsin have adopted the protection for truckers...  Supporters say that indemnification clauses require freight carriers to take on liability for the negligence of shippers. As a result, truckers are responsible for trailer packing, even though shippers actually do the packing...

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