Department of Transportation (DOT)

News & Analysis as of

Stevens Transport Sued By EEOC For Disability Discrimination

Company Refused to Hire Air Force Veteran With Bipolar Disorder as Truck Driver, Federal Agency Charged - DALLAS - Stevens Transport, the largest refrigerated trucking company in Texas and one of the top four largest...more

A Deal on New Jersey's Transportation Trust Fund: What Does it Mean for Affected Contractors?

As a follow-up to our July post on New Jersey state budget problems threatening public construction projects, the political fight over funding New Jersey’s Transportation Trust Fund (“TTF”) finally ended on September 30,...more

In Effort to Increase Both Transparency and Safety, PHMSA Releases Civil Penalty Framework

The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a General Policy Statement for civil penalties (“Penalty Framework”) on October 17, 2016. The Penalty Framework...more

Civil Penalties Up For Some Aviation Violations

The Department of Transportation (DOT) recently issued an interim final rule to increase the maximum aviation-related civil penalty amounts to adjust for inflation. The rule became effective on August 10, 2016, and will apply...more

November 2016 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s recently issued consumer protection rules and initiatives, the GAO’s report on air traffic control reorganization, DOT’s tentative approval of...more

Commercial Trucking Goes Green for Safer Streets

A new federal mandate requires most commercial truck drivers to “go green” by trading in their old paper logs for electronic logging devices (ELDs) by December 18, 2017. Thought to affect roughly 3.5 million truck drivers,...more

DOT Invites Public Comment on Cybersecurity Best Practices for Modern Vehicles

Public comments on the proposal are due by November 28; guidance will influence automotive cybersecurity practices. Increasingly “connected” automobiles bring convenience and other benefits to drivers and passengers, but...more

US designates alternative fuel corridors for transportation

U.S. federal highway administrators have announced the designation of 55 routes as "alternative fuel" corridors, capable of accommodating electric vehicles or those powered by hydrogen, propane, or natural gas. The...more

U.S. Department of Transportation Solicits Project Applications for $850 Million in FASTLANE Grants

The U.S. Department of Transportation (USDOT) is calling for project applications for $850 million in transportation infrastructure grants, representing the second opportunity for funding from a program that has already...more

Picking Up Speed: DOT Releases Guidance on Automated Vehicles

New NHTSA guidance represents the federal government’s first attempt to develop a comprehensive regulatory structure for automated vehicles. This transformative technology offers vast promises and significant concerns...more

DOT Issues Proposed Cybersecurity Guidance to Automotive Industry

Vehicle-related cyber incidents could have devastating and deadly effects, particularly as cars and trucks become more highly automated and rely more heavily on wireless technologies. To combat this threat, the U.S....more

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

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