FMCSA

News & Analysis as of

FMCSA Releases Drug and Alcohol Clearinghouse Rule

On December 2, 2016, the Federal Motor Carrier Safety Administration (“FMCSA”) released a final rule creating the Commercial Driver’s License Drug and Alcohol Clearinghouse (the “Clearinghouse”). The rule is designed to...more

BREAKING: FMCSA Announces National Drug And Alcohol Testing Clearinghouse For Commercial Truck, Bus Drivers

The day has finally come. The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced Friday that it had issued a Final Rule establishing a drug and alcohol clearinghouse for holders of...more

Seventh Circuit Denies Challenge to FMCSA Electronic Logging Device Rule

In an opinion issued Oct. 31, 2016, the U.S. Court of Appeals for the Seventh Circuit rejected a challenge to a Federal Motor Carrier Safety Administration (FMCSA) rule that will require most commercial motor vehicles to be...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

Final rule on FMCSA drug and alcohol clearinghouse will be out before end of October

A national database of truck drivers who have failed drug or alcohol tests, or refused to take them, will soon be a reality. That’s according to Juan Moya, Program Manager for the Drug and Alcohol Program of the Federal...more

Third Circuit Affirms Employer’s Right To Provide Truthful Information In Response To Reference Request Without Liability To...

In a recent unpublished decision by the Third Circuit Court of Appeals, the Court affirmed the lower court and held that a former employee could not maintain legal claims against his former employer, based on truthful...more

InterConnect - Summer 2016

On April 6, 2016, the Food and Drug Administration (FDA) published its Final Rule on the Sanitary Transportation of Human and Animal Food (the Final Rule). These long-awaited regulations were mandated by the Food Safety...more

Fourth Circuit Rejects Motor Carrier's Defense in Refusing to Hire Driver Diagnosed with Narcolepsy

The Americans with Disabilities Act prohibits employers from refusing to hire qualified individuals with a disability on the basis of their condition, if they can perform the essential functions of the job with or without...more

DOT Proposes Rulemaking on “Safety Sensitive Positions” in Highway and Rail Transportation

The U.S. Department of Transportation has published an Advance Notice of Proposed Rulemaking (ANPR) on the Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea, 47 Fed. Reg. 12642 (March 10,...more

Statutory Violation Does Not Establish Causation in Wrongful Death Action

In Anthony Toste v. CalPortland Construction, et al. (No. B256946, filed 3/2/16), the California Court of Appeal for the Second Appellate District affirmed the power of the jury to determine causation as an issue of fact in a...more

Transportation Newsletter - January 2016

Illinois Appellate Court: A Contingent Automobile Liability Policy Is Not an Excess Policy - The Appellate Court of Illinois, First Judicial District, was recently confronted with the interpretation of a Contingent...more

InterConnect - Winter 2015/2016

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

DOT Lowers Random Drug Testing Rate to 25 percent for 2016

Last month, the Department of Transportation’s Federal Motor Carrier Safety Administration announced that it is reducing the minimum percentage of annual random drug tests for commercial motor vehicle drivers from 50 percent...more

Drive Carefully! Mandatory Random Substance Abuse Testing Of Truck Drivers To Be Cut In Half

The U.S. Federal Motor Carrier Safety Administration of the Department of Transportation announced yesterday that it is reducing by half the minimum percentage of drivers who must be randomly tested for controlled substances....more

FMCSA Lowers Random Drug Testing Level to 25 Percent in 2016

On December 21, 2015, the Federal Motor Carrier Safety Administration (FMCSA) announced that it is reducing the minimal annual percentage rate for random drug testing for drivers subject to the Department of Transportation’s...more

Historic FMCSA E-Logging Rule Met With Immediate Challenge in the Seventh Circuit

In an action immediately challenged in court, the Federal Motor Carrier Safety Administration (FMCSA) finalized a long-anticipated rule (the “ELD Rule”) to require use of electronic logging devices (ELDs) by all drivers...more

Between Care and Coercion: FMCSA’s Driver Coercion Rule Tries to Draw the Line

On Monday, November 30, 2015, the Federal Motor Carrier Safety Administration (FMCSA) published a long-anticipated rule regarding Prohibiting Coercion of Commercial Motor Vehicle Drivers (the “Driver Coercion Rule”). The new...more

Study on Tired Truckers Part of New Transportation Legislation

A bill approved by federal lawmakers Dec. 3, 2015 calls for a Federal Motor Carrier Safety Administration study on truck drivers’ long commutes and the safety hazards they present. The $305-billion Fixing America’s...more

Liability for Highway Trucking Accidents- Who Is To Blame?

Truck accidents on U.S. highways frequently result in life-threatening and fatal injuries. The Federal Motor Carrier Safety Administration (FMCSA) emphasizes that the sheer weight of most big rigs—often 10,000 pounds or...more

Are leasing companies exempt from negligent truck drivers’ actions?

The Federal Motor Carrier Safety Administration reports that truck crashes have increased in the past few years. According to Illinois statistics, there were over 5,500 collisions involving large trucks in 2012....more

Motor Carriers Are Liable For Injuries to Drivers of Leased Vehicles Who Are Classified As Independent Contractors

Jose Vargas v. FMI, Inc. et al. - In Vargas, California’s Second Appellate District held that the Privette doctrine does not shield a motor carrier operating under a federal franchise from liability for tort injuries...more

InterConnect - Winter/Spring 2015

In this Issue: - Between a Rock and a Hard Place: Employers Must Walk a Narrow Path to Comply with DOT and EEOC Directives - New FDA Guidance for 3PLs on License Reporting Under the DSCSA - Moving Ahead in...more

Do commercial driving training programs give enough attention to truck driver safety?

Commercial trucks are some of the most dangerous vehicles on Illinois roads every day. If drivers do not receive the proper amount of training to operate a rig, their safety and the safety of all those around them are in...more

Trucking companies can be held responsible for a truck accident

When Chicago drivers take to the roads, they put an immense amount of trust in the other motorists with whom they are driving. A negligent individual can make a choice that results in serious injury for those around them at...more

FMCSA studying CDL training programs and truck accidents

Due to a truck’s large size, trucking accidents are usually some of the most devastating roadway collisions that can occur. Unfortunately, many car accident attorneys have seen the number of trucking accidents increase in...more

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