Recent headlines about President Trump’s Executive Order on “Enforcing Commonsense Rules of the Road for America’s Truck Drivers” (“EO”) raised questions across the trucking industry and in the media....more
On February 18, 2025, the Federal Motor Carrier Safety Administration (“FMCSA”) granted a request to reopen the comment period for its Broker Transparency Notice of Proposed Rulemaking (“NPRM”) originally published at 89 FR...more
Payment and collection practices are under renewed scrutiny in the transportation business. Legitimate providers and shippers are suffering from the growth of unlawful double brokering, insolvent service providers, and other...more
1/14/2025
/ Brokers ,
Compliance ,
Contract Terms ,
Department of Transportation (DOT) ,
FMCSA ,
Freight Forwarding ,
Insolvency ,
Joint and Several Liability ,
Payment Systems ,
Proposed Rules ,
Risk Management ,
Tariffs ,
Trucking Industry
The regulatory environment is top of mind these days coupled with speculation over potential change. Any attention paid to our obligations for safe and lawful operation is positive as we strive for compliance by our companies...more
12/2/2024
/ Commerce Clause ,
Commodities ,
Compliance ,
Department of Transportation (DOT) ,
FMCSA ,
Food and Drug Administration (FDA) ,
FSMA ,
Hazardous Substances ,
IFTA ,
Interstate Commerce ,
Motor Carriers ,
PHMSA ,
Registration Requirement ,
Regulatory Agencies ,
Regulatory Authority ,
Sales & Use Tax ,
Transportation Brokerage ,
Transportation Industry
The Federal Motor Carrier Safety Administration (“FMCSA”) issued a Notice of Proposed Rulemaking (“NPRM”) on November 20, 2024,titled Transparency in Property Broker Transactions (89 FR 91648). ...more
11/22/2024
/ Brokers ,
Disclosure Requirements ,
FMCSA ,
Motor Carrier Act ,
Motor Carriers ,
NPRM ,
Proposed Rules ,
Regulatory Requirements ,
Shipping ,
Transparency ,
Transportation Industry ,
Trucking Industry
Traditionally, the bill of lading (“BOL”) is a basic transportation contract between shipper and carrier. It’s importance under today’s laws is established in the first sentence of the Carmack Amendment at 49 USC § 14706....more
For-hire and private motor carriers face unique compliance and operations challenges that many other business or company functions do not encounter.
Operating commercial motor vehicles (CMVs) for your business, or as your...more
Public safety on the roadways is the chief objective of the Federal Motor Carrier Safety Regulations (FMCSRs). Some safety and operations teams will from time to time encounter unique circumstances where strict compliance can...more
3/25/2024
/ Commercial Truck Drivers ,
Compliance ,
Controlled Substances Act ,
Exemptions ,
FMCSA ,
Highways ,
Licensing Rules ,
Public Safety ,
Roads ,
Training Requirements ,
Trucking Industry ,
Waivers
Courts have clearly established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight loss or damage. The Act of God defense is an original, and one of the most...more
Double brokering has emerged as a hot topic in this era of supply chain fraud, hostage loads, and cargo theft. The term “double brokerage” is used sweepingly as a reference to a wide range of operational practices where the...more
Many government agencies accomplish their critical missions by using private transportation and logistics services. The General Services Administration (GSA) is often the key federal agency for managing private procurement of...more
9/18/2023
/ Code of Federal Regulations (CFR) ,
Competitive Bidding ,
Compliance ,
Department of Defense (DOD) ,
DFARS ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FMCSA ,
General Services Administration (GSA) ,
General Solicitation ,
Government Agencies ,
Subcontractors ,
System For Award Management (SAM) ,
Transportation Industry ,
Vendors
Air carrier liability has been governed by international convention nearly since the inception of the technology. In 1903, the Wright Brothers infamously conducted powered flight at Kitty Hawk. In 1919, the first reported...more
9/14/2023
/ Air Carriers ,
Boycotts ,
Complaint Procedures ,
Corporate Liability ,
Defense Strategies ,
DFARS ,
Dodd-Frank ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FMCSA ,
General Services Administration (GSA) ,
Jurisdiction ,
Mallory v Norfolk Southern Railway Co ,
Montreal Convention ,
Motor Carriers ,
Rest and Meal Break ,
Warsaw Convention
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
In a regulatory victory, interstate household goods movers recently saw the universe of required paperwork reduce by one key document. In 2017, the Federal Motor Carrier Safety Administration (FMCSA) convened a Federal...more
The growing prevalence of supply chain sustainability and related environmental, social, and governance (ESG) principles signals a shift requiring attention. Despite some vocal holdouts across the supply chain, the speed of...more
11/15/2022
/ Climate Change ,
Connected Cars ,
Corporate Governance ,
Customs and Border Protection ,
Cybersecurity ,
Electric Vehicles ,
Environmental Social & Governance (ESG) ,
FMCSA ,
Logistics ,
Military Conflict ,
Offers in Compromise ,
Public Comment ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Restrictions ,
Transportation Industry ,
US Trade Policies
An emerging trend in this era of supply chain disruption is the interest of large enterprise shippers, often in the consumer retail space, to in-source transportation operations at the strategic direction of their boards of...more
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
8/18/2021
/ Actual Delivery ,
Commerce Clause ,
Commercial Truck Drivers ,
Compliance ,
Department of Transportation (DOT) ,
Exclusive Jurisdiction ,
Federal Maritime Commission ,
FMCSA ,
Jurisdiction ,
Surface Transportation Board ,
Trucking Industry ,
TSA
One effect of the COVID-19 pandemic is the renewed need for transportation providers to consider strengthening operating platforms by expanding into new markets, integrating new offerings or adjacent services, or growing the...more
The household goods segment of the motor carrier industry is particularly challenging and, increasingly, a gating issue for new and innovative last mile or Do-It-Yourself service offerings. Understanding whether the statutory...more
The Federal Motor Carrier Safety Administration (“FMCSA”) has issued an Emergency Declaration for motor carriers and drivers providing direct assistance in support of relief efforts related to the COVID-19 outbreaks. The...more
Buy-side decisions for transportation and logistics services are increasingly driven by both internal subject matter experts and their corporate procurement teams. The traditional procurement perspective yields certain...more
7/23/2019
/ Air Carriers ,
Brokers ,
Common Carriers ,
Customs ,
FMCSA ,
Freight Forwarding ,
Logistics ,
Motor Carriers ,
Registration Requirement ,
Regulatory Standards ,
Risk Management ,
Shipping ,
Subject Matter Experts (SMEs) ,
Transportation Industry ,
Vessels
The Federal Motor Carrier Safety Administration (FMCSA) published recommendations from the 2016 FAST Act Household Goods Working Group on February 27, 2019. The Working Group was a Federal Advisory Committee created by...more
Since the U.S. Food and Drug Administration’s (FDA’s) publication of the Final Rule regarding Sanitary Transportation of Human and Animal Food on April 6, 2016, 21 CFR 1.900, et seq. (the STF Rule), there has been an increase...more
4/23/2019
/ Audits ,
Brokers ,
FMCSA ,
Food and Drug Administration (FDA) ,
Food Safety ,
FSMA ,
IFTA ,
Lithium Batteries ,
Motor Carriers ,
Regulatory Agencies ,
Regulatory Standards ,
Sanitary Food Transportation Act (SFTA) ,
Shipping ,
Trucking Industry
The Federal Motor Carrier Safety Administration (“FMCSA”) issued an advance notice of proposed rulemaking (“ANPRM”) on Thursday, September 27, 2018, to address broker and freight forwarder financial responsibility...more
Many outside of over-the-road motor carriers are taking notice of the looming Electronic Logging Device Mandate (ELD Mandate). We are seeing raised hands with many questions and some confusion at this very moment from a wide...more