CARB Fines Marten, Roadrunner for Record-Keeping

Injun

Rabid Squaw
Staff member
Supporter
CARB did not fine them for sending out of compliance trucks to California. CARB did not fine them because CARB checked any trucks that went to California under dispatch by either company. CARB fined them for not keeping records that the companies had verified whether the trucks were or weren't compliant.

CARB fines two out-of-state transportation brokers for violations of Truck and Bus Regulation | California Air Resources Board
CARB has fined Marten Logistics and Roadrunner Transportation Systems for failure to verify that trucks hired or dispatched for service were compliant with the state’s tough Truck and Bus Regulation, and for not keeping adequate records as the law requires.
Neither carrier is headquartered in California. But apparently, that doesn't matter.

California's recent action against two brokers set a new enforcement precedent
“The regulation requires any California based broker to meet regulatory requirements,” Young said. “Brokers are California based when they broker loads in California, regardless of where the broker is physically located.”
And it doesn't stop there. The broker doesn't even have to dispatch a California load to be subject to this:

CARB TRU Broker Amendment | TIA Advocacy
The requirement applies to any broker that hires a carrier that will travel on a California highway or railway, regardless of where the broker or forwarder is based or conducting business. **CARB staff indicates that brokers are not responsible if a driver chooses to enter California by choice if the origin and destination are outside of California, but if the route the load in question is traveling on typically includes travel in California (i.e. AZ to OR), the broker should ensure compliance.
So if a truck picks up in Phoenix and is going to Portland, OR and chooses to take I-17 to US 89 to I-15 to I-84, the broker must make sure the truck is compliant with CARB regulations and keep a record of it...because California believes the truck will travel in California as a primary route. Who the hell would want to, with the 55 mph speed limit, congested roads and other BS?

Regardless, what this means for us is if you have a noncompliant truck and take a load from AZ to OR (or WA), you could be getting your broker into hot water with CARB. Hell, they might just try to send you a ticket, too, even though you weren't within 50 miles of California at any point on your route.
 

GAnthony

Well-Known Member
Supporter
what a bunch of BS if i ever heard it.

what's next, a non coffee drinking trucker has to pay a coffee tax under suspicion he might buy a cup of coffee.>???

yet another in the reasons why CA need to have "the big one" and be gone.
 

Injun

Rabid Squaw
Staff member
Supporter
Agent_Z Agent_Z this might be of particular interest to you.
 

dave350

Well-Known Member
These business shakedowns made legal by govt regulations need to be shuttered.
 

mndriver

curmudgeon extraordinare
Supporter
Will be interesting to see how this plays out
 

Agent_Z

Well-Known Member
I'm going to forward this to like five people right now. In my experience, we leave the burden of compliance on the carrier. I've never once been coached to keep a "record." Our software had a little area for notes where we'd list if trucks were compliant, or not, but there are definitely no detailed records. We'd ask the dispatcher, the dispatcher would say yes / no, and that would be the end of it.

WOW!!! Unbelievable.

Dear CARB,

Enjoy all of the freight that won't come into your state now. I hope California citizens all starve.

Sincerely,
Z
 

ironpony

Professional Pot-Stirrer
Supporter
Whoa! You're saying they're just a wee bit outta control out there??!!!

:eek-64:
 

dchawk81

Well-Known Member
Or simply say F U and refuse to pay and/or ship there. I don't see how California can enforce it and actually collect.
 

ironpony

Professional Pot-Stirrer
Supporter
Damn. They should get together and sue CARB.
Or simply say F U and refuse to pay and/or ship there. I don't see how California can enforce it and actually collect.
I'm certainly not taking California's side, but it's a civil violation of state records law. Somewhere these corporations signed something that allows them to do business in California, and abide by their laws. Having said that, there's a balance here... saying FU to California and suing to overturn this bullshite, or possibly having problems with doing business in California - that may amount to millions of dollars per year going forward.

Those fines may just be viewed as a cost of doing business.

:confused-96:

Nah! Sue th' ****ers!

:mad-97:
 

Blood

Driveler Emeritus
Supporter
I'm certainly not taking California's side, but it's a civil violation of state records law. Somewhere these corporations signed something that allows them to do business in California, and abide by their laws.
I never signed anything pertaining to operating in Ca...
or any other state for that matter.
I expect it's more a matter of being responsible for familiarizing ones self with local laws/ordinances.
Something like Ar's dumbass Ad Valorem tax.
IIRC, Ar never contacted me with a notification ( but it's been a while so I could be mistaken).
You're simply suppose to be aware of every issue that effects you and comply accordingly.
 

Rigjockey

In Gord we trust!
Supporter
Wow that is quite the over reach outside of their state. So even if a truck did not enter their state but could have entered their state, they will be subject to fines. Over reach.
What if the truck did not have the state of California on their cab card so they could not enter the state without a permit? Would CARB still be able to enforce these fines for non-compliance?
 

Duck

Quack
Supporter
Civil disobedience is the only way to handle these things. Just refuse to pay, and stay the hell out of California.

They have no authority over anything outside their borders.
 

Mike

Well-Known Member
Staff member
I had to fill out paperwork with Schneider verifying whether my truck was compliant or not. It wasn't a Schneider policy, it was crap required by California. If you didn't fill it out, you would end up unable to dispatch yourself on a load, found that out by being stubborn and refusing to do it the first year they required it.

When I got my authority last year, OOIDA asked me if I was running in California. Told them no, and that was it on my end. Not sure if they had to do anything special or not.
 

Duck

Quack
Supporter
I had to fill out paperwork with Schneider verifying whether my truck was compliant or not. It wasn't a Schneider policy, it was crap required by California. If you didn't fill it out, you would end up unable to dispatch yourself on a load, found that out by being stubborn and refusing to do it the first year they required it.

When I got my authority last year, OOIDA asked me if I was running in California. Told them no, and that was it on my end. Not sure if they had to do anything special or not.
Yep. Just stay out of California and all is well. :thumbsup:

But own an AR-15 in case they go after you anyway. :thumbsup:
 
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