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Put in the big hole and gouge on it (truck driver check in)


drifter379

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question

https://www.freightwaves.com/news/rival-carriers-rush-to-assist-stranded-celadon-drivers

reading about the Celadon BK someone is asking about having money on their comdata card and concerned with that

I knew comdata had some fuel payment to it, but it looks like you can have payroll on it as well, but there seems to be something screwy with getting the money from comdata to your bank.....like they want you to have to keep the money on the card

anyone know how that works and do they know if the money is on that card does that mean it is yours or is it like having your pay in a company owned bank (with no FDIC insurance for that bank) and if the company goes under suddenly the money that was supposed to be yours is frozen or gone

or do I have the whole function of comdata and what he is asking about wrong and he is just wondering if he can buy fuel to get home and no payroll associated with it

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question
https://www.freightwaves.com/news/rival-carriers-rush-to-assist-stranded-celadon-drivers
reading about the Celadon BK someone is asking about having money on their comdata card and concerned with that
I knew comdata had some fuel payment to it, but it looks like you can have payroll on it as well, but there seems to be something screwy with getting the money from comdata to your bank.....like they want you to have to keep the money on the card
anyone know how that works and do they know if the money is on that card does that mean it is yours or is it like having your pay in a company owned bank (with no FDIC insurance for that bank) and if the company goes under suddenly the money that was supposed to be yours is frozen or gone
or do I have the whole function of comdata and what he is asking about wrong and he is just wondering if he can buy fuel to get home and no payroll associated with it

If there is money on the card he needs to buy fuel NOW!!!!

Different companies set up com data different. If it’s his money they put it on there as an advance but charge a fee to do so. Not sure how to transfer to a bank but might want to get cash advance at the fuel desk to make sure he gets it before they lock down the cards again.
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Fuel up and get to the house. Let them figure out how to retrieve their truck. In cases like this before the leasing company may pay drivers to return equipment. If he is under a load and wants to deliver the whole industry is aware of the situation and he should be able to hitch a ride toward the house if he needs to.

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Anyone smart enough to tell me what California assembly bill 5 is really about? I know it effects contractors. Is it a way for the state to grab more tax dollars from business not operating in state? Here is our company’s solution as of now.



“California Assembly Bill 5 Info:

As you may have heard, California has enacted changes in determining the status of Independent Contractors as of 1/01/20 pursuant to California AB 5 legislation. We are taking steps to be in compliance with CA AB 5 and to continue to meet the needs of our contractors and customers.

Effective 01/01/20, Mercer will be implementing some mileage monitoring programs for ALL Mercer leased contractors and drivers that will alert and eventually limit the amount of miles that a truck can operate in California to less than 15% of the total miles run each month. Mileage is run each month for fuel tax purposes. If a truck operates more than 15% of their total miles in California, then an alert will be sent to the Truck Coordinator and Truck Operations Manager. If the total miles in a running 2 month period exceeds 15% in California, then Mercer reserves the right to no longer offer or to limit California loads until the CA miles drops below 15% of the total.

We are also confident that Mercer’s response for AB 5 compliance is consistent with the approach of other motor carriers. We will continue to analyze any changes to the existing law and announce and make adjustments to our processes and procedures as needed.

If you have any questions, please reach out to Contractor Relations.”

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2 hours ago, RPM said:

Paywall

works for me???

 

 

The California Trucking Association (CTA) and two owner-operator drivers on Tuesday filed an amended complaint with a federal court, stating that the “employment test” in Assembly Bill 5 (AB5) violates the supremacy and commerce clauses in the United States Constitution.

AB5, which the framers in the California Legislature say addresses misclassification of drivers as independent contractors rather than employees, actually replaces a longstanding, multi-factor test for determining independent contractor status with a “one-size-fits-all” method of determining employment status, the trucking association said in a statement.

If AB5, which was signed into law by Gov. Gavin Newsom on Sept. 11, becomes law on Jan. 1 as scheduled, the ability of more than 70,000 truckers in California to provide services as independent owner-operators will be restricted, Shawn Yadon, CTA CEO, said Tuesday.

AB5 would replace the traditional “ABC test” for determining whether a truck driver should be classified as an independent contractor. The three requirements in the ABC test are: The person is free from the control of the hiring entity; the person performs work that is outside the usual course of the hiring entity’s business; and the person is customarily engaged in an independently established occupation of the same nature as the work performed by the hiring entity.

The CTA in October 2018 filed its original suit stating that AB5 is preempted by the supremacy and commerce clauses in the US Constitution and is in direct conflict with the Federal Motor Carrier Safety Act (FMCSA) and the Federal Aviation Administration Authorization Act (FAAA) of 1994.

Chris Shimoda, vice president of government affairs at CTA, told JOC.com Tuesday the amended complaint was filed because last year’s lawsuit was filed before AB5 was signed. Now that AB5 has been signed into law, the trucking association decided to expand the scope from a few limited stipulations covered in the lawsuit, such as minimum wage and rest requirements, to cover a larger list of business practices.

As matters stand now, AB5 is still scheduled for implementation on Jan. 1, unless some action is taken, such as an injunction by a court blocking implementation until outstanding legal challenges are addressed, Shimoda said.

Violation of the FAAA was first addressed in the Port of Los Angeles Clean Truck Act of 2006. The port’s original proposal included a provision that in order to serve the port, harbor truck drivers must be employees. The US Supreme Court in 2013 found the employee-driver requirement to be a violation of the FAAA.

Since it was signed by Newsom in September, AB5 has generated rumors and confusion throughout California, especially at the ports of Los Angeles, Long Beach, and Oakland. A persistent rumor is that drivers with trucking companies not in compliance with AB5 would be turned away from terminals on Jan. 2.

The ports on Tuesday debunked that. “They won’t be denied entrance to the port based on imposition of AB5,” said David Libatique, deputy executive director of stakeholder engagement at the Port of Los Angeles. “The state will be using a different test to be determining whether drivers are employees or contractors, but that’s not up to us to determine, check upon, or enforce.” 

The confusion could rest in part on a different bill, California Senate Bill 1402, that addresses actions by trucking companies that had already received unsatisfactory judgments involving driver misclassification.

“In the next iteration of the clean truck program, we will require companies to comply with state laws such as SB 1402,” Libatique said. 

The Los Angeles-Long Beach Clean Truck Program of 2006 is updated every few years. An AB5 violation could eventually get a trucking company on the list established through SB 1402, but it would require a group of drivers to sue, win their case, and the carrier refusing to pay damages.

Contact Bill Mongelluzzo at bill.mongelluzzo@ihsmarkit.com and follow him on Twitter: @billmongelluzzo.

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2 hours ago, RPM said:

How long before the lettuce starts stacking up in Salinas?

It won't.  Company drivers that are paid a wage and overtime, and true independent owner-operators will be happy to haul those loads. 

The OP, who has told us has no authority to operate independently, won't be hauling those loads, as he's fully-leased to a company.  True independents (owner-operators with their own "numbers") are fine, as far as I can tell.  

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Yeah, about that... the number of true independents are few and far between. The lone wolf out there hustling his own loads is a romantic trucking tale that really doesn't exist anymore. I don't know of anyone other than Union or local delivery drivers that get paid hourly with overtime. It's a very confusing situation that's going to get worse before it gets better.

Edited by RPM
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Yeah, about that... the number of true independents are few and far between. The lone wolf out there hustling his own loads is a romantic trucking tale that really doesn't exist anymore. I don't know of anyone other than Union or local delivery drivers that get paid hourly with overtime. It's a very confusing situation that's going to get worse before it gets better.

I have a couple of friends that are running their own authority but they pretty much are dedicated to just a couple of customers. They all say they’d starve to death trying to run boards to hustle freight.
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Headed south through Ridgeland SC this afternoon minding my own business and this fucking mouth breathing window licker pulls out of a gas station crosses two north bound lanes, crosses the center turn lane, thinking surely he’s going to stay in that left lane. But no. The motherfucker crosses 5 FIVE!! lanes of traffic and runs into the side of my truck!

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You clearly do not understand the mindset of BMW drivers. Do you know how much they paid for that car? Don't you realize they have permanent right-of-way?

I was damn near hit by a BMW yesterday that didn't understand the concept of Yield to Ramp. 

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That’s funny you say that, and this is anecdotal af.  But 95% of the cars I can remember almost hitting me thru acts of asshole driving has been BMWs.  That and Nissan Jukes.  I’m fact, every time I see one of those Jukes, it’s doing something stupid.  Uncanny. Hope it doesn’t keep you off the road at all @drifter379 

And somehow, I just now realized your handles significance.  

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5 hours ago, drifter379 said:

Scraped the tank took out the side box and mangled the 1/4 fender.

As far as wrecks go this is best case scenario.

I’ll be getting the alignment checked too to make sure I didn’t tweek that front drive.

 

Yep, if it's out you'll be eating tires. 

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4 hours ago, drifter379 said:

Gonna be a rough night.

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Just remember what ol' Jack Burton does when the earth quakes, and the poison arrows fall from the sky, and the pillars of heaven shake. Yeah, Jack Burton just looks that big ol' storm right square in the eye and he says, "Give me your best shot, pal. I can take it."

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  • 2 weeks later...
6 minutes ago, drifter379 said:


I don’t. I thought about it but decided against for now.

Just curious. Didn't have them back in my day, it was idle or freeze/sweat. Around '83 a friend of my Dad named Mike Novotny designed one with a 2cyl Jap diesel motor that ran a generator and cycled the engine oil and water. He sold it to ThermoKing for an undisclosed (shitload) sum. 

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