News & Analysis as of

Trucking Industry Department of Transportation (DOT)

Benesch

Driving Change: Emissions Regulation Impact and Adaptation

Benesch on

Environmental regulations, including those under the California Air Resources Board’s (CARB’s) jurisdiction, present a complex compliance challenge for vehicle fleet managers and operations departments across the country....more

Benesch

InterConnect Newsletter - Q2 2024

Benesch on

The U.S. Department of Transportation is seeking input from industry stakeholders on the role of artificial intelligence in the supply chain. The DOT’s Advanced Research Projects Agency – Infrastructure is one of many federal...more

BakerHostetler

5th Circuit: Motor Carrier Act Applies to Intrastate Transport of Goods in the Flow of Interstate Commerce

BakerHostetler on

The Fair Labor Standards Act (FLSA) requires that employers pay certain employees one-and-a-half times their regular rate of pay for any hours they work over 40 in a workweek. There are, however, several exemptions from the...more

Venable LLP

The On-Ramp: An Autonomous, Connected, and Electric Mobility Newsletter - May 2024

Venable LLP on

Welcome to The On-Ramp, the newsletter published by Venable's Autonomous and Connected Mobility Team. The On-Ramp explores legal and policy developments in the world of autonomous vehicles, smart infrastructure, emerging...more

Benesch

Lions and Tigers and Bears - Oh My! New FMCSA Guidance on the Definition of Dispatch Services, Bona Fide Agents, and Brokers

Benesch on

Federal regulators—as well as the marketplace itself—have been scrutinizing the role of certain types of “transportation intermediaries” in the industry. One point of focus has been the role of longstanding models such as...more

Littler

U.S. Department of Transportation Adopts Oral Fluid Testing for Regulated Drug and Alcohol Programs

Littler on

The U.S. Department of Transportation (DOT) has published regulations overhauling and expanding its regulated employee testing program to include oral fluids drug tests.  The new regulations, which update 49 C.F.R. Part 40...more

Akin Gump Strauss Hauer & Feld LLP

Safe Integration of Automated Driving Systems for Equipped Commercial Motor Vehicles

On February 1, 2023, the Federal Motor Carrier Safety Administration (FMCSA) restarted the process it began in 2017, requesting comments from stakeholders in a supplemental advanced notice of proposed rulemaking (SANPRM)...more

Seyfarth Shaw LLP

FMCSA Moves to Tighten Hours of Service Requirements During Economic Emergencies

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Federal Motor Carrier Safety Administration (FMCSA), an agency of the Department of Transportation (DOT), today published a notice of proposed rulemaking (NPRM) (FMCSA–2022–0028), that would maintain...more

Woodruff Sawyer

Fleet Liability: DOT-Regulated, Owned Light, and Non-Owned Fleet Exposures Explained

Woodruff Sawyer on

Employers with light fleets, non-owned fleets, and fleets regulated by the Department of Transportation (DOT) all have commercial auto liability exposure. However, with the increase in large verdicts in recent years,...more

Parker Poe Adams & Bernstein LLP

D.C. Appellate Court Upholds DOT Driver Hours of Service Rules

In 2019, the federal Department of Transportation (DOT) issued final regulations that changed requirements for commercial motor vehicle drivers’ rest and break times. The new rules said that if a driver was behind the wheel...more

Clark Hill PLC

FMCSA Practice Tips: Safety Audits for New Motor Carriers

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For the past 20 years, the Federal Motor Carrier Safety Administration (FMCSA) has utilized a “New Entrant Safety Assurance Program” under 49 CFR Part 385, Subpart D for motor carriers receiving USDOT numbers for the first...more

K&L Gates LLP

DOT Releases Policy Recommendations Targeting Supply Chain Disruption

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Dozens of ships anchored outside of America’s busiest ports, steadily spiking freight rates, and frustrated consumers inheriting both the paralyzing delays and the exorbitant price increases: these have been the painful...more

DirectEmployers Association

OFCCP Week In Review: March 2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

FordHarrison

Cannabis Legalization and its Impact on the Transportation Industry

FordHarrison on

Trends in Cannabis Legalization - While employers in the transportation industry are acutely aware of the effects COVID-19 has imposed over the last 18 months, another phenomenon has been making itself known: the...more

Benesch

Key Motor Carrier Provisions in the Bi-Partisan Infrastructure Bill

Benesch on

H.R. 3684 of the 117th Congress passed the U.S. Senate on August 10 with a vote of 69-30. This bipartisan infrastructure legislation would make historic investments without increasing taxes, authorizing $550 billion in new...more

Benesch

Last Mile Transportation Myths Debunked - And A Path Forward

Benesch on

One of the most important stories in the transportation space over the last few years has been the explosive growth of last mile residential delivery. The global pandemic has only further fueled demand for this localized and...more

Jones Day

Ninth Circuit Affirms FMCSA Preemption of California Meal and Rest Break Laws for Drivers Subject to Federal Regulation

Jones Day on

Ninth Circuit decision upholds the Federal Motor Carrier Safety Administration ("FMCSA") determination that federal law preempts California’s meal and rest break laws with respect to Department of Transportation-regulated...more

ArentFox Schiff

California Motor Carriers Rest Easy: 9th Circuit Upholds Preemption of California Meal and Rest Break Rules

ArentFox Schiff on

The 9th Circuit Court of Appeals has upheld a decision by the Federal Motor Carrier Safety Administration (FMCSA) that FMCSA’s rest break regulations preempt the California meal and rest break rules (CA MRB Rules). The...more

Payne & Fears

Ninth Circuit Upholds FMCSA Preemption of California Meal and Rest Break Laws

Payne & Fears on

The United States Court of Appeals for the Ninth Circuit on January 15 upheld the Federal Motor Carrier Safety Administration’s (“FMCSA”) determination that federal law preempted California’s meal and rest break rules (“MRB...more

Holland & Knight LLP

What Will the FMCSA Prioritize in Biden Administration?

Holland & Knight LLP on

The U.S. Department of Transportation (DOT) historically has been less prone to large shifts in policy between presidential administrations. Although President Donald Trump and President-Elect Joe Biden each nominated a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

FMCSA Issues Order Preempting Washington’s Meal and Rest Break Rules as Applied to Commercial Truck Drivers

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) issued an order this week that Washington State’s meal and rest break rules are preempted as applied to property-carrying commercial...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Upholds Mandated Use of CPAP Device for Driver With Sleep Apnea

Truck drivers and some related workers differ from other employees in that they are subject to federal Department of Transportation safety rules that require medical examinations and disqualify workers with certain medical...more

Cozen O'Connor

Keeping Pace with Truck Driver Drug and Alcohol Testing During COVID-19

Cozen O'Connor on

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced on March 13, 2020, that, due to the COVID-19 outbreak, exemptions for some regulations were warranted for certain motor...more

Sheppard Mullin Richter & Hampton LLP

Overview of Recent Updates for Employers in the Commercial Trucking Industry

The COVID-19 pandemic has highlighted the central role local and long haul trucking companies and drivers play in the overall U.S. economy and specifically our public health infrastructure. Now, as states and businesses...more

Parker Poe Adams & Bernstein LLP

U.S. Transportation Department Issues Final Driver Hours-of-Service Rules

On May 14, the federal Department of Transportation issued final regulations easing commercial motor vehicle driver time restrictions. The final rules follow an August proposal that was intended to provide motor carriers with...more

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