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Is anybody in here an Owner Operator Trucking company??

Ladsm

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How is AB-5 in California going to effect you in a week when companys can no longer hire independent contractors to haul their loads??

The California Truckers Association is warning that 70,000 independent truck owner-operators will be taken off the roads of California later this week as a draconian new law, “AB-5” kicks in: (emphasis ours)

In addition to the direct impact on California’s 70,000 owner-operators who have seven days to cease long-standing independent businesses, the impact of taking tens of thousands of truck drivers off the road will have devastating repercussions on an already fragile supply chain, increasing costs and worsening runaway inflation.

The new law, passed and signed by Democrats, essentially outlaws independent contractors from operating transport trucks in the state of California. When it goes into effect later this week — after the US Supreme Court refused to intervene last week — California will be hit with a “truckpocalypse” shutdown of transportation capacity.

While some transportation companies maintain full-time employees to operate long haul rigs, many drivers are “owner-operators” who own their own trucks and who pick up contract jobs from the hundreds of shipping and transport companies that operate in California. These owner-operators pay their own taxes, buy their own health insurance and cover their own fuel costs. California Democrats, however, think that independent freedom for truckers should be criminalized, since they want all drivers to be union workers in corrupt union organizations that Democrats routinely use for money laundering operations (dems vote to award public money to the unions, and the unions agree to kick back campaign donations to Democrats).

“Food prices are going up while availability is going down. Check out current specials for emergency food storage before the shortages really hit.” — JD Rucker
So they’ve outlawed independent contractors in the trucking industry. The new law goes into effect this week and is expected to cause widespread logjams, cost increases and delays to transportation across America. Say hello to accelerated food inflation…

Catastrophic collapse of trucking and transportation in California​

As FreightWaves.com reports, the implications of this law will be nothing short of catastrophic for transportation infrastructure in and out of California:

Matt Schrap, the CEO of the Harbor Trucking Association, which represents drayage companies, issued a brief but harsh statement in response to the high court’s decision.

“It is extremely unfortunate that this Court couldn’t see through their own political agenda to identify the obvious preemption that exists under the F4A,” he wrote in an email to FreightWaves. “This ruling will have far reaching impacts that will upend the industry as we know it. Tens of thousands of truck drivers will be driven out of established business relationships within a week. No doubt this will further stress the supply chain.”



Not only do transport trucks carry food and consumer goods in and out of California, they routinely distribute ocean freight containers from California ports to inland destinations. The containers move from ships to trucks, and those trucks take them to retail distribution hubs or domestic manufacturers for offloading.

Under California’s new AB5 law, the logistics challenge of receiving good carried by road are going to be a nightmare. Added to this is the fact that Union Pacific railroad is already slashing the number of rail cars it carries for existing customers (such as CF Industries, a fertilizer manufacturer), which means railroads have no excess capacity to pick up the slack from trucking.

America’s logistics infrastructure is crumbling. And with diesel engine oil additives in short supply and expected to run out in about 7 weeks, a huge question looms over America: How will food, coal, spare parts and consumer goods get delivered anywhere? If the truckers are blocked from California’s highways, and diesel engine oil is running out, and railroads are slashing rail cars, and diesel fuel itself is running out in some areas, the scenario for the second half of 2022 doesn’t look very rosy at this point.
 

JFMFG

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This shit just keeps getting worse and worse. What the actual fuck? I use HDS for all of our local pallets my usual driver is planning to retire end of the year so I’m assuming he is gonna just pull out early. I swear California keeps getting worse and worse. It’s like the government wants the economy to take a shit by just making it harder and harder.
 

Singleton

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The majority I know setup an LLC or S-Corp and now are considered vendors/suppliers of the trucking company. A few other items had to be taken care of, but this BS law impacts those independent guys that do not want to deal with all the additional BS of setting up an LLC/S-Corp.
 

vstdispatch

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The majority I know setup an LLC or S-Corp and now are considered vendors/suppliers of the trucking company. A few other items had to be taken care of, but this BS law impacts those independent guys that do not want to deal with all the additional BS of setting up an LLC/S-Corp.

U nailed it thats what my guys are doing
 

Danger Dave

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Pete Buttigieg is on his way from Washington to solve this issue. He's riding his bike so it may take him a while, and he will be taking breaks to breastfeed, but don't worry, he's on his way.
 

DLow

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Pete Buttigieg is on his way from Washington to solve this issue. He's riding his bike so it may take him a while, and he will be taking breaks to breastfeed, but don't worry, he's on his way.
Was he pregnant, or was it his husband?
Do they both breast feed?
Would he have to pump and dump on his bike trek across the country?
 

Terminal Velocity

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How does that affect out of state Owner Operators? Are they screwed from coming into/out of state? Will Independents be able to register out of state? Just curious.
 

Ultra...Good

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Pete Buttigieg is on his way from Washington to solve this issue. He's riding his bike so it may take him a while, and he will be taking breaks to breastfeed, but don't worry, he's on his way.

I have heard that butt-plug is usually the first one there.

Something about having his shit packed the night before? I could be wrong.
 

The Prisoner

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Was he pregnant, or was it his husband?
Do they both breast feed?
Would he have to pump and dump on his bike trek across the country?
1657238655526.jpeg
 

DRYHEAT

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How does that affect out of state Owner Operators? Are they screwed from coming into/out of state? Will Independents be able to register out of state? Just curious.
I’m thinking they can’t do anything to non-resident trucks, wouldn’t that be interfering with interstate commerce regulated by the federal government?

It sure would be funny if they decided to have a convoy/blockade in Sacramento like the Canadians did.
 

Singleton

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How does that affect out of state Owner Operators? Are they screwed from coming into/out of state? Will Independents be able to register out of state? Just curious.
They are F’n out of state by regulating what trucks will be allowed on CA roads In the future,
 

brgrcru

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I am o/o
Just part of the game . For now
incorporating the business works for now
To keep trucking

Just wait! im sure the democrat commies will find another way to destroy , yet another industry .
They have been doing a great job trying .

Blame all the idiots that vote these people in power. There are some scum proud dems still posting on here .
Fuck those pos !
 

wash11

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Is this a real thing or hype headlines? 70000 out of 3.6 million truckers in the US (US census 2021) doesn't even break the 2% mark. I agree that whole thing is ridiculous but if you've got money tied up in a tractor/trailer and let it die because you don't want to spend an hour online to incorporate from a sole proprietorship, were you even a player anyway?
 

FCT

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Easy to get around……for now anyways. If that changes I’ll happily relocate.
 

welldigger00

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Im an owner op. I run under my own authority. Which means I’ve got my own MC number, (motor carrier) US DOT number, and CA Dot number. The way I understood this, and I very well may be wrong, is that the mega carriers can no longer lease to drivers that want to consider themselves owners of their own business, truck, trailer, etc, but operate under the mega carrier‘s authority. If the mega carrier is taking all the risk, they are out of pocket on the equipment, they are buying the fuel, paying the IFTA, and all the other costs associated with the business, then how does the driver actually own or have any stakes in the business? I think the drivers that are doing this are getting fucked over by the carriers. They need to go out on they’re own and get their own authority, and purchase their own equipment. Who knows where this is going, but I think it’s not gonna end well for any of us.
 

zhandfull

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Im an owner op. I run under my own authority. Which means I’ve got my own MC number, (motor carrier) US DOT number, and CA Dot number. The way I understood this, and I very well may be wrong, is that the mega carriers can no longer lease to drivers that want to consider themselves owners of their own business, truck, trailer, etc, but operate under the mega carrier‘s authority. If the mega carrier is taking all the risk, they are out of pocket on the equipment, they are buying the fuel, paying the IFTA, and all the other costs associated with the business, then how does the driver actually own or have any stakes in the business? I think the drivers that are doing this are getting fucked over by the carriers. They need to go out on they’re own and get their own authority, and purchase their own equipment. Who knows where this is going, but I think it’s not gonna end well for any of us.
Great post. Some of these big trucking company’s have really been taking advantage of owner operators.
 

DRYHEAT

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Im an owner op. I run under my own authority. Which means I’ve got my own MC number, (motor carrier) US DOT number, and CA Dot number. The way I understood this, and I very well may be wrong, is that the mega carriers can no longer lease to drivers that want to consider themselves owners of their own business, truck, trailer, etc, but operate under the mega carrier‘s authority. If the mega carrier is taking all the risk, they are out of pocket on the equipment, they are buying the fuel, paying the IFTA, and all the other costs associated with the business, then how does the driver actually own or have any stakes in the business? I think the drivers that are doing this are getting fucked over by the carriers. They need to go out on they’re own and get their own authority, and purchase their own equipment. Who knows where this is going, but I think it’s not gonna end well for any of us.
I think they’ve been trying to ram this legislation through for quite a few years.

Aside from being out of a job it makes me wonder how badly it’s going to fuck up these guys personal credit and finances, the leases they sign pretty much have you by the balls. Sad deal for sure, a lot of those guys have no idea what they’re signing up for. Some people can make the leases work for them and eventually go out on their own, but much of the time you’re just buying a really crappy job where you work like a dog for pennies.
 

C-2

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When independent guys are working for large trucking companies, I don't understand how forming an LLC or corp sidesteps the ABC test.

Whether you're a dba hauling loads, or an LLC/Inc hauling loads, the fact remains you're still hauling loads.

Good:
Small trucking company Acme Trucking transports loads for XYZ Widget company.
Drivers are employees of Acme Trucking.
XYZ makes and sells widgets.
Acme Trucking is a trucking/transport company.

Good:
Owner/operator John Doe transports loads for XYZ Widget Company and other similar companies.
Doe is a trucking transport owner/operator.
XYZ makes and sells widgets.
Businesses are dissimilar.
Whether dba or LLC/Inc, Doe meets the ABC test.

Bad:
Acme Trucking subcontracts with John Doe to transport XYZ's widgets.
Acme Trucking is a trucking/transport company.
Doe is a trucking transport owner/operator.
Both fail the ABC test on two of the 3 ABC prongs. 1) Their businesses are not dissimilar and, 2) Acme Trucking exercised control of Doe by giving Doe instructions (what to pick up, where to transport it, and deadline).
Whether Doe was a dba or LLC/Inc is irrelevant, it doesn't change the underlying act.

Sounds like setting up an LLC/Inc to skirt the law is snake oil?
 

Gonefishin5555

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When independent guys are working for large trucking companies, I don't understand how forming an LLC or corp sidesteps the ABC test.

Whether you're a dba hauling loads, or an LLC/Inc hauling loads, the fact remains you're still hauling loads.

Good:
Small trucking company Acme Trucking transports loads for XYZ Widget company.
Drivers are employees of Acme Trucking.
XYZ makes and sells widgets.
Acme Trucking is a trucking/transport company.

Good:
Owner/operator John Doe transports loads for XYZ Widget Company and other similar companies.
Doe is a trucking transport owner/operator.
XYZ makes and sells widgets.
Businesses are dissimilar.
Whether dba or LLC/Inc, Doe meets the ABC test.

Bad:
Acme Trucking subcontracts with John Doe to transport XYZ's widgets.
Acme Trucking is a trucking/transport company.
Doe is a trucking transport owner/operator.
Both fail the ABC test on two of the 3 ABC prongs. 1) Their businesses are not dissimilar and, 2) Acme Trucking exercised control of Doe by giving Doe instructions (what to pick up, where to transport it, and deadline).
Whether Doe was a dba or LLC/Inc is irrelevant, it doesn't change the underlying act.

Sounds like setting up an LLC/Inc to skirt the law is snake oil?
No it’s legit. I’ve done payroll audits with EDD and they don’t look at money paid to an entity. I had the one with two sales reps one was an S Corp and the other was not. The auditor saw the payments to the corp and said it was fine. It’s common knowledge now to have any “risky” vendors form an entity.
 
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Singleton

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When independent guys are working for large trucking companies, I don't understand how forming an LLC or corp sidesteps the ABC test.

Whether you're a dba hauling loads, or an LLC/Inc hauling loads, the fact remains you're still hauling loads.

Bad:
Acme Trucking subcontracts with John Doe to transport XYZ's widgets.
Acme Trucking is a trucking/transport company.
Doe is a trucking transport owner/operator.
Both fail the ABC test on two of the 3 ABC prongs. 1) Their businesses are not dissimilar and, 2) Acme Trucking exercised control of Doe by giving Doe instructions (what to pick up, where to transport it, and deadline).
Whether Doe was a dba or LLC/Inc is irrelevant, it doesn't change the underlying act.

Sounds like setting up an LLC/Inc to skirt the law is snake oil?

It is all about tax revenue for the state. The entire law was written to maximize state tax collections, nothing about protecting anyone as it was sold.

If you hire John Doe (payments issued to John), John pays income tax to the state.
If you hire JD Trucking (payments made to JD trucking, which is owned by John Doe), it changes the tax game. Now JD Trucking has to file a tax return as an entity and John has to pay income tax on the salary he draws from JD Trucking.
 

HBCraig

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Im an owner op. I run under my own authority. Which means I’ve got my own MC number, (motor carrier) US DOT number, and CA Dot number. The way I understood this, and I very well may be wrong, is that the mega carriers can no longer lease to drivers that want to consider themselves owners of their own business, truck, trailer, etc, but operate under the mega carrier‘s authority. If the mega carrier is taking all the risk, they are out of pocket on the equipment, they are buying the fuel, paying the IFTA, and all the other costs associated with the business, then how does the driver actually own or have any stakes in the business? I think the drivers that are doing this are getting fucked over by the carriers. They need to go out on they’re own and get their own authority, and purchase their own equipment. Who knows where this is going, but I think it’s not gonna end well for any of us.
Do you have a 9 axle in your fleet? I occasionally need cranes moves and would rather give my business to a member here
 

welldigger00

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Do you have a 9 axle in your fleet? I occasionally need cranes moves and would rather give my business to a member here
I don’t run a nine. I got an RGN stretch and a step deck. pm Me for more info!
 

02HoWaRd26

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Further efforts to kill ma and pa and take care of the big businesses. Never saw Walmart close over a simple virus, but they definitely had no issues shutting down pa’s lumber.
 

FROGMAN524

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Has anyone else said it yet? What about the fucking weather!!!??!?!
 

BIG MIKE

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Do you have a 9 axle in your fleet? I occasionally need cranes moves and would rather give my business to a member here
We are located in Rancho Cucamonga and have two 9axles. We specialize in crane moves for most of the big crane companies. If you ever need anything please feel free to PM me.
 
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BIG MIKE

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I don’t run a nine. I got an RGN stretch and a step deck. pm Me for more info!
I turn down work for stretch RGN’s as we do not have any. Not sure how busy you are, but I would like to run them by you before I tell my customer no.
 
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Rvrluvr

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Im an owner op. I run under my own authority. Which means I’ve got my own MC number, (motor carrier) US DOT number, and CA Dot number. The way I understood this, and I very well may be wrong, is that the mega carriers can no longer lease to drivers that want to consider themselves owners of their own business, truck, trailer, etc, but operate under the mega carrier‘s authority. If the mega carrier is taking all the risk, they are out of pocket on the equipment, they are buying the fuel, paying the IFTA, and all the other costs associated with the business, then how does the driver actually own or have any stakes in the business? I think the drivers that are doing this are getting fucked over by the carriers. They need to go out on they’re own and get their own authority, and purchase their own equipment. Who knows where this is going, but I think it’s not gonna end well for any of us.

Insurance mainly. New authorities look like “new” drivers so the insurance is crazy high ($20k+year) Most guys buying a truck dont take this into consideration & cant afford to buy the insurance. Some jyst like the convienience of big company taking care of all the little shit including ifta, IRP, etc
You can lease on and get a base plate, full ins (cheap because its under the large co name), ifta, for a weekly payment and nothing to get started. So its an ez way in. Yes you get screwed but it works for a lot of peeps.
When independent guys are working for large trucking companies, I don't understand how forming an LLC or corp sidesteps the ABC test.

Whether you're a dba hauling loads, or an LLC/Inc hauling loads, the fact remains you're still hauling loads.

Good:
Small trucking company Acme Trucking transports loads for XYZ Widget company.
Drivers are employees of Acme Trucking.
XYZ makes and sells widgets.
Acme Trucking is a trucking/transport company.

Good:
Owner/operator John Doe transports loads for XYZ Widget Company and other similar companies.
Doe is a trucking transport owner/operator.
XYZ makes and sells widgets.
Businesses are dissimilar.
Whether dba or LLC/Inc, Doe meets the ABC test.

Bad:
Acme Trucking subcontracts with John Doe to transport XYZ's widgets.
Acme Trucking is a trucking/transport company.
Doe is a trucking transport owner/operator.
Both fail the ABC test on two of the 3 ABC prongs. 1) Their businesses are not dissimilar and, 2) Acme Trucking exercised control of Doe by giving Doe instructions (what to pick up, where to transport it, and deadline).
Whether Doe was a dba or LLC/Inc is irrelevant, it doesn't change the underlying act.

Sounds like setting up an LLC/Inc to skirt the law is snake oil?
Llc or s-corp you are an employee to yourself. Your llc gets paid by the customer & You collect a pay check with taxes just as if you flipped burgers at McDonalds
 

C-2

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Thanks for the explanations Gonefishin, Singleton and Rvrluvr. 👍 Becoming an employee of a "company," and thus changing/eliminating the definition of being an independent contractor makes sense. I suppose a government entity could argue an alter-ego theory if the owner co-mingles bank account funds and treats the LLC/INC like a dba, but a responsible owner should be able to pull it off.
 

Done-it-again

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Has anyone else said it yet? What about the fucking weather!!!??!?!
I’ve been thru 15 states so far this summer for vaca and I can tell you. CA has nastiest looking sky right now (does beat out NM). I live inland, near Rancho, Fontana, Ontario area don’t live near the shore so there is that. But it’s damn ugly. Not the “blue” sky’s we have seen on our recent travels.

I’ll be in Atlanta I’n a few weeks and will be interesting to see. Already know its humid.
 

FROGMAN524

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I’ve been thru 15 states so far this summer for vaca and I can tell you. CA has nastiest looking sky right now (does beat out NM). I live inland, near Rancho, Fontana, Ontario area don’t live near the shore so there is that. But it’s damn ugly. Not the “blue” sky’s we have seen on our recent travels.

I’ll be in Atlanta I’n a few weeks and will be interesting to see. Already know its humid.
The inland empire has the worst air quality besides Salt Lake City due to the mountains creating a soup bowl of smog.
 

Kachina26

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I’ve been thru 15 states so far this summer for vaca and I can tell you. CA has nastiest looking sky right now (does beat out NM). I live inland, near Rancho, Fontana, Ontario area don’t live near the shore so there is that. But it’s damn ugly. Not the “blue” sky’s we have seen on our recent travels.

I’ll be in Atlanta I’n a few weeks and will be interesting to see. Already know its humid.
Should have seen it when Kaiser Steel was still open.
 

zbudman

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Was he pregnant, or was it his husband?
Do they both breast feed?
Would he have to pump and dump on his bike trek across the country?
What’s wrong with you Heathens……….its now called, “Chestfeeding”. Please try to keep up.
 

RVRKID

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Anyone on the 710 right now? Truckers have it all stopped up protesting...
 

RVRKID

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The inland empire has the worst air quality besides Salt Lake City due to the mountains creating a soup bowl of smog.
Hell when I was in Elementary and Jr High school we had smog alerts and couldn't go out on the playground or for PE.
 
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