News & Analysis as of

FMCSA

Supreme Court Refuses to Hear Driver’s ADA Challenge to Sleep Apnea Screening Program

by Benesch on

Earlier this week, the Supreme Court denied a driver’s Americans with Disabilities Act (“ADA”) challenge to a carrier’s sleep apnea screening program in Parker v. Crete Carrier Corp., U.S. Supreme Court Case No. 16-2002. In...more

FMCSA to Withdraw Safety Fitness Determination Rule

by Baker Donelson on

The Federal Motor Carrier Safety Administration (FMCSA) on Wednesday, March 22, announced its intention to withdraw its proposed Safety Fitness Determination rule this week. The rule would have utilized data from the agency's...more

Motor Carriers Be Aware: The CVSA’s 30th Annual International Roadcheck is Coming to a Highway Near You on June 6-8, 2017

by Benesch on

The Commercial Vehicle Safety Alliance (“CVSA”) has announced that its 30th annual International Roadcheck will occur June 6-8, 2017. This year’s Roadcheck will place a particular emphasis on cargo securement safety....more

InterConnect - Winter 2017

by Benesch on

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

Is the Proposed Safety Fitness Determination Rule in Jeopardy?

by Holland & Knight LLP on

The Federal Motor Carrier Safety Administration (FMCSA) published a notice of proposed rulemaking (NPRM) in the Federal Register on Jan. 21, 2016, designed to enhance the agency's ability to identify non-compliant motor...more

Carriers Advocate for Data-Driven Regulations

by Holland & Knight LLP on

Freight carriers of all modes ­– rail, truck, water, air and pipeline – are all in the business of moving cargo for compensation and thus share many similar goals. Furthermore, cargo is often moved in multiple modes in its...more

NAFTA Discussions May Alter New Rule on Lease of Equipment by Mexican Carriers

by Holland & Knight LLP on

It is common knowledge that a major platform of President-Elect Donald Trump's campaign was the need to renegotiate the terms of the North American Free Trade Agreement (NAFTA) with Mexico and Canada. Thus, it leaves open the...more

Is There an Opening to Withdraw or Modify Electronic Logging Device Rule?

by Holland & Knight LLP on

The Federal Motor Carrier Safety Administration (FMCSA) published its final electronic logging device (ELD) rule on Dec. 16, 2015, which the FMCSA claims, "is intended to help create a safer work environment for drivers, and...more

Will the Trump Administration Hit the Brakes on the Speed Limiter Rule?

by Holland & Knight LLP on

One controversial rule proposal that many expect will not become final under the new Trump Administration is the Speed Limiter rule proposed by two agencies of the U.S. Department of Transportation (DOT), the National Highway...more

FMCSA Announces CDL Drug and Alcohol Clearinghouse

In 2012, Congress directed the Department of Transportation to establish a national clearinghouse containing Commercial Motor Vehicle (CMV) operators’ violations of the Federal Motor Carrier Safety Administration’s drug and...more

FMCSA Releases Drug and Alcohol Clearinghouse Rule

by Benesch on

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

by McGuireWoods LLP on

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

by Baker Donelson on

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...

by Kelley Drye & Warren LLP on

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

by Benesch on

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

by Seyfarth Shaw LLP on

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

by Wilson Elser on

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

by Benesch on

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

by Littler on

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

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