David Buffo

Proposed House bill 4727 would create a so-called “national hiring standard” for motor carriers which would preclude states from imposing liability on anyone arranging for transportation of goods, i.e. transportation intermediaries such as shippers, brokers and freight forwarders. The bill requires that no more than 35 days prior to pickup of an arranged shipment, such entities verify that a selected carrier: (1) is registered with the Federal Motor Carrier Safety Administration (FMCSA) to operate as a motor carrier or household goods carrier; (2) has the minimum insurance coverage required by Federal regulation and (3) does not have an unsatisfactory safety rating issued by FMCSA in force at the time of the verification.

The Surface Transportation Assistance Act (“STAA”) is a federal law that prohibits employers from discharging or discriminating against truck drivers for reporting safety violations. 29 U.S.C. § 31105. The STAA also protects an employee from termination for refusing to operate a motor vehicle that violates a safety regulation or because the employee has a reasonable apprehension of serious injury to him or herself or the public due to an unsafe condition with the vehicle. To obtain protection under the latter section, the employee must have requested that the employer fix the unsafe condition.