Entrepreneurship is intertwined with the American Dream. In trucking, drivers may work as an independent contractor as a stepping stone on the path to running a full-fledged trucking company, or they may just prefer the independence of being an owner-operator.
Don’t Use a Cannon to Swat a Mosquito [Commentary]
Entrepreneurship is intertwined with the American Dream. In trucking, drivers may work as an independent contractor as a stepping stone on the path to running a full-fledged trucking company, or they may just prefer the independence of being an owner-operator.
![Don’t Use a Cannon to Swat a Mosquito [Commentary]](https://assets.bobitstudios.com/image/upload/f_auto,q_auto,dpr_auto,c_limit,w_920/macro-photo-of-a-brown-mosquito-1685610_1768078699686_evglk6.jpg)
Photo: Egor Kamelev via Pexels
But for some, being an independent contractor can become a nightmare. I’ve been reporting on this industry for nearly 30 years, and I’ve heard horror stories, especially about lease-purchase programs. Some such programs are legitimate ways to help truckers get into ownership of an expensive piece of iron. In others, however, the drivers seem to have more in common with indentured servants than with independent business owners.
Similar horror stories were documented by USA Today in a 2017 investigative report it called “Rigged,” claiming that port trucking companies in southern California “saddled drivers with debt and forced them to work around the clock.” Unfortunately, such reporting tends to paint the entire industry with the same brush, leading readers – and lawmakers – to believe all independent contractors are being treated the same as the most extreme examples uncovered by the reporter.
Horror stories like those, combined with lobbying from labor interests, have led to regulations and legislation in states such as California and New Jersey that could all but eliminate the use of independent contractors in trucking.
In California, Assembly Bill 5, scheduled to go into effect the first of this year, was so restrictive that a judge has issued a preliminary injunction prohibiting state officials from enforcing it against trucking, on the grounds it will be pre-empted by federal law. Across the country, New Jersey’s governor just signed several bills making it easier for state agencies to target companies using independent contractors.
Bills like California’s AB5 are like using a cannon to shoot a mosquito – sure, it might get rid of the mosquito, but it’s going to cause a lot of collateral damage.
Sources familiar with the legislative sausage-making that led to AB5’s passage last year told me that the California Trucking Association tried to work with those pushing for the law to address misclassification concerns in a more specific way.
The most commonly cited concern was the leasing model, where drivers buy or finance a truck through the same entity that hires them. Other issues included independent contractors having an intrastate motor carrier permit, the ability to negotiate rates and turn down jobs. But the forces pushing these restrictive independent contractor rules seem to prefer an overly broad approach instead of addressing specifics.
One thing these states have in common is that much of the debate centers around drayage drivers at the ports, who the Teamsters union has been wanting to organize for some time.
Historically, labor unions have done some pretty important things to protect workers in this country. We have them to thank for the fact that children aren’t being maimed in factories where the doors are locked from the outside, for paid holidays and paid sick leave.
But in their zeal to organize port truckers, they’re turning a blind eye to the fact that not all truck drivers want to be employees. In this era of driver shortages, it’s likely that any drivers who truly want to be employees could find a job at a company that uses employee drivers rather than owner-operators. Why not craft a law targeted at ending abusive lease-purchase programs that may be keeping these drivers from seeking employment elsewhere?
Instead of targeting the nightmare that some portion of truckers face in the independent contractor world, these laws are unfairly keeping legitimate owner-operator companies up at night.
More Fleet Management

Run on Less “Messy Middle” Data Shows Multiple Paths Forward for Truck Powertrains [Watch]
NACFE's Run on Less - Messy Middle project demonstrates the power of data in helping to guide the future of alternative fuels and powertrains for heavy-duty trucks.
Read More →
Federal Court Lets NYC Congestion Pricing Continue
A federal court ruling allows New York City’s congestion pricing program to continue, leaving truck tolls in place for fleets delivering into Manhattan.
Read More →
Federal Court Lets NYC Congestion Pricing Continue
A federal court ruling allows New York City’s congestion pricing program to continue, leaving truck tolls in place for fleets delivering into Manhattan.
Read More →
Fontaine Modification Launches Real-Time Truck Modification Tracking Portal
Fontaine Modification has introduced a new customer portal designed to give fleets real-time visibility into the truck modification process, addressing one of the most common questions fleet managers face: “Where’s my truck?”
Read More →
FTR: Trucking Conditions Index Climbs to Highest Level Since 2022
Strong freight rates, rising volumes and tighter capacity push trucking conditions higher, though diesel prices could temper gains in the near term, FTR cautions.
Read More →
Smarter Maintenance Strategies to Keep Trucks Rolling
In today’s cost-conscious market, fleets are finding new ways to get more value from every truck on the road. See how smarter maintenance strategies can boost uptime, control costs and drive stronger long-term returns.
Read More →
ACT Expo 2026 Unveils Speaker Lineup Focused on Real-World Fleet Technology Deployment
Nearly 400 executives and fleet leaders will address AI, autonomy, zero-emission vehicles, and connected technologies at ACT Expo 2026 event in Las Vegas in May.
Read More →
How Thermo King’s AI-Fueled Telematics Drive Fleet Efficiency
Thermo King's AI-powered telematics enhance fleet efficiency with smart monitoring, predictive maintenance, and real-time insights. Improve uptime and help reduce costs with these advanced digital solutions.
Read More →
NMFTA Targets Freight Fraud and Telematics Supply Chain Risks
New carrier identity checks, industry resources, and telematics supply chain research aim to make freight fraud and cyber risks harder to exploit.
Read More →
Bobit Business Media Expands Fleet Technology Platform with Acquisition of Roadz Partner Portfolio
Bobit Business Media has acquired key partner agreement assets from Roadz, expanding its role as a go-to-market partner for fleet technology providers and strengthening its digital sourcing capabilities.
Read More →
