Trucking Industry

News & Analysis as of

NLRB Regional Director Files a Complaint Alleging that Misclassification of Workers as Independent Contractors is an Unfair Labor...

On April 18, the Regional Director for the National Labor Relations Board (the “NLRB”)’s Los Angeles office issued an unfair labor practice complaint against a transportation company, alleging that the company had...more

Is the NLRB Trying to Make Independent Contractor Misclassification an Unfair Labor Practice?

A Regional Director for the NLRB issued an unfair labor practice complaint on April 18, 2016 alleging that a transportation company “has misclassified its employee-drivers as independent contractors, thereby inhibiting them...more

Dangerous Curves: How Transit Companies Can Navigate Fed Safety Audits

Let trucking and bus companies, and shippers of hazardous materials, beware: Federal safety audits can be hazardous to your company’s overall and financial health....more

Fines Issued to California Businesses that Hire or Dispatch Trucks and Heavy Equipment

The California Air Resources Board (“CARB”) is stepping up enforcement of the emission limits for heavy duty trucks by auditing companies that hire or dispatch those vehicles. Several California businesses have recently been...more

Update – the RSRT's 2016 Order

Delayed start? Yesterday, the Full Bench of the Road Safety Remuneration Tribunal (RSRT) heard from various applicants who had applied for variations to and a stay of the Contractor Driver Minimum Payments and Road Safety...more

The Potential Chain Behind This Supply Chain Order

The April start? Unless the Road Safety Remuneration Tribunal (RSRT) delays the commencement date for the Contractor Driver Minimum Payments and Road Safety Remuneration Order 2016 (RSRO 2016), the order will commence...more

Distracted Truck Drivers Continue to Cause Accidents

Plenty of people check their phones during their work day. According to one study, people check their phones an average of 85 times per day, and this does not exclude time in the office. But when someone’s office is the cab...more

Inadequate Training a Major Cause of Large Truck Accidents

According to the American Truckers Associations (ATA) there is a shortage of approximately 50,000 truck drivers in the United States. In a country that is so dependent on the transportation industry for such a wide variety of...more

FMCSA Proposes New Rules for Trucking Industry

What is Changing with SFD? The existing system, which has been in place since 1982 used ratings of satisfactory, conditional or unsatisfactory to rate motor carriers. The new system proposes to use a single “unfit” rating...more

The California Air Resources Board Expands the Burden on Motor Carriers to Verify if Hired Fleets Comply with Air Quality...

A broker, motor carrier, contractor, public agency, dispatcher, or developer (collectively “Operator”) that operates, or directs the operation, of any vehicle subject to the California Air Resources Board’s (“ARB”) California...more

Can Technology Help Prevent Trucking Accident Fatalities?

Inattentive drivers cause accidents every day. When a truck is involved, those accidents often result in heavy property damage, serious injuries or fatalities. Recent annual Illinois crash data shows that tractor trailers...more

Autonomous Trucking and the Death of Driver Negligence?

The effect of AV technology on the commercial trucking sector will be profound. If Chauffeur were an ordinary truck driver, instead of a collection of lines of code, it would soon be eligible for membership in the coveted...more

Supreme Judicial Court Rules Against Taxpayer in Regency Transportation

On January 6, the Massachusetts Supreme Judicial Court (“SJC”) issued its decision in Regency Transportation v. Commonwealth, finding against the taxpayer. The taxpayer in Regency was a trucking company that purchased...more

OSHRC Law Judge Orders Trial on Enterprise-Wide Hazard Abatement for Powered Industrial Trucks Standard

An Administrative Law Judge has held that the Occupational Safety and Health Review Commission (OSHRC) “may have authority under the Occupational Safety and Health Act” to order abatement measures sought by the Occupational...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

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

Employee Exclusion Applies to Independent Contractor Truck Driver

An auto insurer had no duty to defend a trucking company against an injured driver’s claim because the insurance policy excluded claims by “employees,” notwithstanding that the driver was technically an independent...more

An Update on Dilts v. Penske Logistics

In May 2015, the U.S. Supreme Court denied the petition for certiorari in Dilts v. Penske Logistics, LLC. The 9th Circuit Dilts decision had reversed the District Court’s determination that the Federal Aviation...more

Unanticipated Site Conditions – Beware the Danger Below - Brad Gould Trucking & Excavating Ltd v Bird Construction Co, 2015 NBCA...

The recent New Brunswick Court of Appeal decision in Brad Gould Trucking & Excavating Ltd v Bird Construction Co, 2015 NBCA 47 [Brad Gould], serves as a warning to contractors that a failure to understand the contractual...more

November 2015 Independent Contractor Compliance and Misclassification News Update

PORT TRUCK DRIVERS FILE ANOTHER CLAIM AGAINST TRUCKING COMPANIES IN CALIFORNIA FOR IC MISCLASSIFICATION. - Long Beach and Los Angeles port truckers, who allege that they have been misclassified as independent...more

President Declares “National Impaired Driving Prevention Month”

By Proclamation, President Obama has declared December 2015, to be “National Impaired Driving Prevention Month.” 80 Fed. Reg. 75781 (December 3, 2015). The President declares that “no person should suffer the tragedy of...more

Truck-trailer Accidents – Getting to the basics

Those involved in trucking litigation have become all too familiar with catastrophic injury and loss of life resulting from 18 wheelers (tractor trailers) being operated by drivers impaired by chronic fatigue. Why do we...more

Commercial Trucking Accident – The tragedy of driver fatigue

There are few things more disturbing when traveling on Americas highways than passing by a horrible accident scene involving an 18 wheeler. The images of a minivan, crushed and twisted to the point of being barely...more

It’s Time to Review and Update Safety and Compliance Regimens – OSHA Penalties Set to Surge in 2016

For the first time since 1990, the Occupational Safety and Health Administration (OSHA) has been authorized to increase its civil penalties. The provision was inserted into the expansive Bipartisan Budget Act of 2015, which...more

Energy & Environment Update - November 2015 #3

Energy and Climate Debate - With the November 20 deadline looming, Congress will focus much of this week on the surface transportation bill as House and Senate conferees try to quickly negotiate differences on H.R. 22...more

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