The impact on the trucking industry and owner-operators by California’s AB-5 law continues to raise concerns for short-haul truckers and CDL holders across the state.
More than five years later, many in the trucking industry and owner-operators still don’t fully understand how AB-5 impacts their business.
For those driving I-80 through Roseville and Placer County, the question is no longer whether the law affects them—it’s how deeply it already does.
In this blog post, we will take a look at how it could affect you.
How AB-5 Changed the Landscape for Truck Drivers
When AB-5 went into effect, it impacted the trucking industry and owner-operators overnight.
The law requires most independent contractors to be reclassified as employees unless they pass the strict “ABC Test,” which is nearly impossible to do, as Ninth Circuit Judge Bennett pointed out in his ruling:
“…independent-contractor truckers hauling goods for the hiring entity are perforce not performing work outside the usual course of the hiring entity’s business, which is, of course, hauling goods.”
The intent was worker protection—ensuring drivers receive benefits like overtime and sick pay. But for many commercial drivers who value independence, AB-5 feels more like losing the freedom that first drew them to trucking.
The ABC Test and Its Impact on Owner-Operators
The ABC test sets three conditions that define whether someone can legally work as an independent contractor.
To qualify a worker, in this case, a driver must:
A. Operate free from the direction and control of the hiring company.
B. Perform work outside the usual course of the company’s business.
C. Run an independently established trade, occupation, or business of the same kind.
For truckers, Prong B is the most difficult to meet. Driving freight is at the core of a carrier’s business, so a driver hauling loads for a carrier likely fails that prong. As a result, carriers must often classify those drivers as employees.
That’s why many California owner-operators have had to sign on as company drivers, shift to brokerage models, or leave the state entirely.
What the Court Decisions Mean Today
California courts upheld AB-5’s application to trucking, rejecting claims that federal law preempts it.
The Ninth Circuit ruled that AB-5 is a “generally applicable” labor law—not one directly targeting motor carriers.
That ruling left many small operators in limbo. For example, drivers who once managed their own rigs and chose their routes faced compliance rules that could end their independence.
Some carriers now avoid contracting with California drivers altogether.
How AB-5 Affects CDL Holders on the Road
For CDL holders traveling through Placer County or along I-80, these changes could add pressure or dramatically change how truckers and carriers interact.
AB-5 limits flexibility, but another growing issue is moving violations. Even a minor traffic ticket can disrupt a driver’s record, raise insurance costs, or threaten employment. Whose responsible for the ticket?
For instance, does the carrier pay the fine for an overweight truck? Previously, in the trucking industry, owner-operators knew it was on them. Now, the employer/employee dynamic has shifted, and both parties must address these questions before hitting the road.
Speeding tickets, commercial lane violations, unsafe following distances, and other moving violations that might carry serious DMV and DOT consequences.
Why CDL Drivers Should Challenge Every Ticket
A single moving violation can scar a driver’s Pre-Employment Screening Program (PSP) record and make it more difficult to negotiate pay and benefits. Carriers must consider those records before hiring or renewing contracts.
That’s why CDL holders should never just pay the fine. It’s not simply a ticket—it’s a potential conviction that can affect your driving career.
A skilled traffic attorney can help by seeking dismissal first or negotiating a no-point conviction or alternate charge when facing a driver disqualification for a second or subsequent “serious offense,” such as excessive speeding or illegal cell phone use.
Consult Bigger & Harman, APC, About Moving Violation Tickets in Roseville, CA
At Bigger & Harman, APC, we understand the trucking industry and owner-operators because we work with commercial drivers almost daily. If ticketed, call us today for a free initial consultation at (661) 349-9300 or 349-9755 (se habla Español).
You can also email attorney@biggerharmanlaw.com or use our website's contact form for a free initial consultation.
Our team helps CDL holders dispute traffic tickets in the Roseville Courthouse in Placer County.
We know local court procedures, CHP and law enforcement officers, and we understand what’s at stake for drivers who make their living on the road. Don’t let one ticket jeopardize your livelihood. Download our e-book, Protecting Your Commercial Driver License.
❓ Frequently Asked Questions (FAQ) Section
Q: Should I hire a CA traffic attorney for a moving violation in Roseville?
A: A conviction can impact your CDL, CSA severity score, PSP, and future job prospects. A traffic attorney can help you dispute it or request a dismissal.
Q: Can Bigger & Harman handle tickets issued in Placer County?
A: We regularly assist commercial drivers with traffic tickets in Roseville Courthouse in Placer County, CA.
Q: How does AB-5 affect the trucking industry and owner-operators now?
A: AB-5 makes it more difficult for independent contractors to work without being classified as employees, limiting flexibility for truck drivers.
References:
Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal. 5th 903.
AB 5, Gonzalez. Worker status: Employees and Independent Contractors.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.