FreightWaves NOW

The Daily | November 17, 2025


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The current intersection of federal regulation and enforcement is creating significant market risk, forcing carriers to exit and fundamentally tightening liability for both carriers and the shippers who hire them. The immediate shockwave comes from California, where the cancellation of 17,000 non-domiciled CDLs—over 9% of the state's for-hire carrier base—is expected to cause substantial capacity constraints and firm up outbound freight rates, signaling national enforcement scrutiny.

This episode unpacks the crucial precedent set by California's AB5 enforcement action, which resulted in an $868,000 penalty against three companies, including shipper Costco and 3PL Ryder Last Mile. Ryder and Costco were found jointly liable with the carrier for exercising "direct or indirect control" over drivers, demonstrating that managing drivers like employees results in liability like an employer.

We debate whether the current market slump is purely demand-driven or if regulatory fear is driving non-compliant carriers out, causing spot rates to slowly "melt up" despite weak volumes. Further regulatory focus is evident as the FMCSA launches a major study with 60 carriers to analyze the link between driver work schedules, hours-of-service, and crash risk, aiming to inform future HOS restrictions.

Shifting focus to logistics investment, the USPS reported a massive $9 billion loss but is executing an urgent, long-term modernization push, including investing nearly $20 billion in automated sorters and new vehicles to attract parcel volume. Finally, we examine the unanimous industry consensus that autonomous trucking is inevitable, with the rapid "J-curve of adoption" expected to hit between 2035 and 2040 as labor and regulatory risks accelerate investment in driverless technology.

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