Courts have clearly established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight loss or damage. The Act of God defense is an original, and one of the most...more
Beginning January 1, 2024, California intrastate motor carriers and drivers will be required to use an electronic logging device (“ELD”) as generally required by the federal ELD regulations adopted under 49 CFR § 395, Subpart...more
In a victory for motor carriers and responsible freight intermediaries, on November 16, 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) announced a final rule that will ensure that freight brokers and surface...more
UPDATE: As of October 23, 2023, the FMCSA extended the comment period by 30 days to November 29, 2023.
The Federal Motor Carrier Safety Administration (“FMCSA”) published an advanced notice of proposed rulemaking...more
The Federal Motor Carrier Safety Administration (“FMCSA”) published an advanced notice of proposed rulemaking (“APRNM”) and request for comment on Thursday, August 29, 2023, in efforts to fulfill the Motor Carrier Safety Act...more
Air carrier liability has been governed by international convention nearly since the inception of the technology. In 1903, the Wright Brothers infamously conducted powered flight at Kitty Hawk. In 1919, the first reported...more
9/14/2023
/ Air Carriers ,
Boycotts ,
Complaint Procedures ,
Corporate Liability ,
Defense Strategies ,
DFARS ,
Dodd-Frank ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FMCSA ,
General Services Administration (GSA) ,
Jurisdiction ,
Mallory v Norfolk Southern Railway Co ,
Montreal Convention ,
Motor Carriers ,
Rest and Meal Break ,
Warsaw Convention
Providers and commercial users of transportation services necessarily rely upon the predictability and uniformity afforded by national laws and regulations to support the efficient and reliable supply chains that are so...more
Federal regulators—as well as the marketplace itself—have been scrutinizing the role of certain types of “transportation intermediaries” in the industry. One point of focus has been the role of longstanding models such as...more
The Federal Motor Carrier Safety Administration (“FMCSA”) has issued an Emergency Declaration for motor carriers and drivers providing direct assistance in support of relief efforts related to the COVID-19 outbreaks. The...more
The Ohio Trucking Association successfully led and won the fight to enact House Bill 62 (the “Bill”) in an effort to assist its members in standardizing the administrative processes that burden motor carriers using...more
Many outside of over-the-road motor carriers are taking notice of the looming Electronic Logging Device Mandate (ELD Mandate). We are seeing raised hands with many questions and some confusion at this very moment from a wide...more
12/11/2017
/ Blockchain ,
Commercial Truck Drivers ,
Employer Liability Issues ,
FMCSA ,
Misclassification ,
Motor Carriers ,
Open Source Software ,
Smart Contracts ,
Trucking Industry ,
Uber ,
Wage and Hour
As any mergers and acquisitions (M&A) practitioner knows, one of the keys to a successful transaction is ensuring that all of the moving pieces come together smoothly at the appointed time for closing. Regulatory issues...more
Out Like A Lion?
The waning weeks of calendar year 2015 witnessed a remarkable convergence of regulatory and legislative activity affecting the transportation industry. For instance, the Federal Motor Carrier Safety...more
1/8/2016
/ Chapter 15 ,
Commercial Truck Drivers ,
Fixing America’s Surface Transportation Act (FAST Act) ,
FMCSA ,
Food and Drug Administration (FDA) ,
Freight Forwarding ,
FSMA ,
NVOCCs ,
Reporting Requirements ,
Subcontractors ,
Trade Credit