Department of Transportation (DOT)

News & Analysis as of

Competition Law: U.S. DOT Issues Request for Information Regarding Potentially Unfair Business Practices

On Tuesday, October 18, 2016, the White House and the United States Department of Transportation (DOT or the “Department”) announced a suite of actions to enhance protections for consumers who travel by air. While almost all...more

U.S. DOT Issues New Air Travel Consumer Protection Rulemaking Initiatives

The U.S. Department of Transportation (DOT) has announced a new round of consumer protection-related rulemaking initiatives affecting U.S. and foreign airlines, ticket agents, and air travel consumers. As part of these...more

Status of Public Private Partnerships in Texas

In recent years, the state of Texas jumped headlong into public-private partnerships in a variety of different arenas. Often called PPP, 3P or P3, this delivery method has rapidly become the go-to avenue for delivering...more

Hot Pocket: Samsung Galaxy Note 7 Recall Highlights Risk of Lithium Batteries During Air Transportation

Air transportation of lithium ion batteries recently garnered significant attention due to events following reports of the Samsung Galaxy Note 7’s batteries overheating, catching fire, and even exploding. See Samsung Recalls...more

Eighth Circuit Rules That Sleep Apnea Testing Does Not Violate Disabilities Act

On October 12, 2016, the U.S. Court of Appeals for the Eighth Circuit, which hears appeals from federal courts in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota, ruled that a trucking company did...more

EU-US Privacy Shield: What You Need to Know for Transatlantic Data Transfers

The flow of data across international borders is crucial to commerce in today’s global economy. After last year’s invalidation of the Safe Harbor framework, which enabled companies to transfer personal data from the EU to...more

Asleep at the Wheel: Trucking Company’s Sleep Apnea Policy and Procedures Reviewed by Federal Courts

Seyfarth Synopsis: Recently decided court case finds that motor vehicle carriers may lawfully require overweight drivers to submit to a medical examination testing for obstructive sleep apnea. We had previously blogged...more

Wrap-Up of Federal and State Chemical Regulatory Developments, October 2016

TSCA/FIFRA/IRIS/NTP/TRI - EPA Issues Statements Of Findings For September 2016: On September 23, 2016, the U.S. Environmental Protection Agency (EPA) issued a notice announcing its findings after its review of Toxic...more

Environmental Case Law Update

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

Eighth Circuit Upholds Trucking Company's Sleep Study Requirement Based on Driver BMI

On October 12, 2016, the U.S. Court of Appeals for the Eighth Circuit found in favor of a large transportation employer’s driver sleep study testing requirement in a lawsuit challenging the practice under the Americans with...more

Massachusetts DOT Seeks to Retain Driver Data from the State Turnpike

The Massachusetts’ State Department of Transportation (MassDOT) has proposed a policy by which they would retain drivers’ speed data for 30 days after it is collected on the Massachusetts Turnpike through its new...more

Money, Dirt and Steel: Fall 2016 Newsletter

Statute of Limitations for Encroachment on an Easement - Injury to easement versus removal of encroachment distinguished - In our 2014-2015 Update we reported on the decision issued by the North Carolina Court of...more

Trucking Company Owner Personally Liable for Whistleblower Retaliation Claim

Recent amendments to the Surface Transportation Act include a new cause of action for employees of companies engaged in interstate transportation who allege that they were fired or had other adverse action taken against them...more

PHMSA Implements New Emergency Safety Authority Effective Immediately

On October 3, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA) announced an Interim Final Rule (IFR) establishing when and how it will issue Emergency Orders to address imminent safety hazards across...more

Feds give green light, unroll red tape for autonomous vehicles

Federal transportation regulators have given the green light to autonomous vehicles, accelerating an already brisk race among technologists and car manufacturers to remove human operators from the driver's seat....more

PHMSA Implements Authority to Issue Emergency Orders

Interim Final Rule allows the Pipeline and Hazardous Materials Safety Administration (PHMSA) to respond immediately to unsafe conditions or practices that pose an imminent hazard to public health and safety or to the...more

DOT Policy Starts Paving the Way for Autonomous Vehicles

Traffic has cleared and the National Highway Traffic Safety Administration has released its highly anticipated Federal Automated Vehicles Policy. While the revolutionary first iteration of the NHTSA Policy is in guideline...more

U.S. Department of Transportation Checklist for Self-Driving Cars

Some of 2016’s most exciting technological advances have involved the use of—and planning for the use of—self driving cars. Earlier this month, the U.S. Department of Transportation released their Federal Automated Vehicles...more

Colorado High Court Holds Highway Condemnations Unauthorized Since 1994, Dismisses Taking Suit Against U-Haul Under Nondelegation...

On September 26, 2016, the Colorado Supreme Court, in a 7-0 opinion on an original proceeding, held the Colorado Department of Transportation (CDOT) has no condemnation authority under a 1994 resolution that unlawfully...more

Is the Golden State about to Fumble Away a Golden Program?

Streamlining environmental reviews of highway projects and fixing state highway issues faster with reduced costs, have all proven successful under the NEPA Assignment Program (Program) that California entered in 2007. In...more

Department of Transportation Releases Policy Guidance on Autonomous Vehicle Technology (Part II: State Government Guidance)

In addition to its industry guidance, covered in the previous post, the DOT’s Policy Guidance for autonomous vehicle technologies also proposed a “model state policy” for regulating these new vehicles. This guidance jumps off...more

DOT Shifts Into Gear on Self-Driving Cars and Issues New Automated Vehicles Policy

The National Highway Traffic Safety Administration (NHTSA) has issued a comprehensive policy on “automated vehicles,” more commonly known as self-driving cars. Part of the U.S. Department of Transportation, NHTSA is the...more

Department of Transportation Releases Policy Guidance on Autonomous Vehicle Technology (Part I: Industry Guidance)

As automakers and their suppliers alike have been working through the issues confronting autonomous vehicles, they have been doing so with a giant blind spot: just how the federal government, which regulates almost every...more

Accelerating the autonomous vehicle revolution

Accelerating the autonomous vehicle revolution - USDOT announces new policy for safe design, development and deployment of autonomous vehicles - In an important step towards facilitating the safe introduction and...more

Federal Automated Vehicles Policy: 6 Key Issues for the Automotive Supply Chain

The U.S. Department of Transportation (“DOT”) and the National Highway Traffic Safety Administration (“NHTSA”) last week finally issued the long-awaited Federal Automated Vehicles Policy (the “HAV policy”). The HAV...more

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