Trucking Industry

News & Analysis as of

Is the Proposed Safety Fitness Determination Rule in Jeopardy?

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

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

Will Trump Administration Curb the Recent Targeting of Independent Contractors?

A critical but unresolved issue for the motor carrier industry is the continuing viability of the independent contractor truck driver model, which is under siege by state and federal regulatory agencies as well as private...more

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

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?

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?

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

InterConnect FLASH! No. 59 - Massachusetts "ABC" Test Court Decision: Fresh Application On Old Spin

Over the last two years, the Benesch Transportation & Logistics Team has written in various installments of the FLASH about the Massachusetts Independent Contractor Law, Mass. Gen. Laws ch. 149, §148B (the “Massachusetts...more

Massachusetts High Court Rules Prong Two of Independent Contractor Test is Severable for FAAAA Preemption Purposes

Massachusetts’s highest court recently issued a decision that impacts the ability of delivery companies operating in the commonwealth to use independent contractors in providing delivery services. In Chambers v. RDI...more

Massachusetts SJC Strikes a Blow to Massachusetts Independent Contractor Statute

Seyfarth Synopsis: The Massachusetts Supreme Judicial Court recently held that the FAAAA preempts the second prong of the Massachusetts Independent Contractor Statute as applied to certain delivery drivers. Although the...more

Labor and Employment Group News: Independent Contractor or “Employee, Inc.”?

It is usually the case that when you contract for services with another company you have engaged it as an "independent contractor." And, as a result, its employees cannot claim that you owe them overtime pay....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

Supreme Court Hears Oral Argument in Jevic on Whether Distribution of Settlement Proceeds May Depart From Statutory Priority...

The United States Supreme Court heard oral arguments on December 7, 2016 in Czyzewski v. Jevic Holding Corp. The case poses a question that has divided the Second, Third, and Fifth Circuits: Whether a bankruptcy court may...more

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

November 2016 Independent Contractor Misclassification and Compliance News Update

Our news update for last month highlights the fact that IC misclassification lawsuits are happening across the country and in virtually every industry, both in the on-demand economy and in more traditional business sectors....more

Eleventh Circuit Clarifies CAFA Jurisdiction Continues After Dismissal of Class Claims

On November 22, the Eleventh Circuit clarified that Class Action Fairness Act (CAFA) jurisdiction is not eliminated when the class claims are dismissed before the class is certified. The plaintiff, an Alabama trucking...more

Trump Transition Team Taps Transportation Secretary

President-Elect Donald Trump has announced his pick to head the Department of Transportation: Elaine L. Chao. Ms. Chao is clearly a veteran of Washington: as the Secretary of Labor under George W. Bush, and a deputy...more

DOT Creates CDL Drug and Alcohol Clearinghouse, Imposing Employer Reporting and Query Obligations

On December 2, 2016, the U.S. Department of Transportation announced a final rule establishing a new “Commercial Driver’s License Drug and Alcohol Clearinghouse.” The Clearinghouse will provide a central database identifying...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

What Is the Impact of NHTSA Automated Vehicle Policy on Transportation Liability?

On September 19, 2016, the National Highway Transportation Safety Administration (NHTSA) issued a Policy regarding automated vehicles. NHTSA issued the Policy for the purpose of providing guidance to the states,...more

Patent Trolls v. Transportation Companies – Contract Tips to Help Avoid Paying the Toll

Transportation companies have become prime targets for patent infringement lawsuits in recent years. Some mistakenly assume that technology companies are the only companies subject to infringement claims, however, the use 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

Bill Caravetta Prevails on Defense of Bad Faith Claim, Judge Rules on Motion for Summary Judgment

This was a workers’ compensation/bad faith lawsuit brought by Plaintiffs Kenneth Ingram and Wiley Harrison, both truck drivers for M3 Transportation. While transporting Department of Defense cargo for M3 Transport, Plaintiff...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

The Eighth Circuit & the ADA, Part I: Court Tips the Scale in Employer’s Favor in Suit Challenging Sleep Test for Overweight...

In Parker v. Crete Carrier Corporation, et al, No. 16-1371 (October 12, 2016), the Eighth Circuit Court of Appeals held that a trucking company complied with the Americans with Disabilities Act (ADA) in requiring its drivers...more

InterConnect Flash! No. 57 - 10Tth Circuit Hurls Knuckleball at Carriers Attempting ELD Roll-Outs

While the rest of the country was basking in the glow of the Cleveland Indians improbable trip to the World Series last week (ok so maybe just the City of Cleveland) the 10th Circuit Court of Appeals threw a knuckleball to...more

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