News & Analysis as of

Commercial Truck Drivers

DOT Tackles the Opioid Crisis: Agency Issues Guidance on Regulations Adding Semi-Synthetic Opioids to Testing Panel

by Littler on

Effective January 1, 2018, employers with employees subject to the U.S. Department of Transportation’s drug-testing regulations will face new and broader testing obligations based on a Final Rule issued in November 2017....more

DOT Notice Provides Guidance on How the Use of Medical Marijuana Will Affect Drug Testing Results

by McNees Wallace & Nurick LLC on

Typically, a drug test cannot be certified as positive until a Medical Review Officer (“MRO”) verifies the result. For drivers subject to the Federal Motor Carrier Safety Act, Department of Transportation Regulations state...more

ELD Zero-Hour is Nearing, May Lay Traps for the Unwary

by Benesch on

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

InterConnect - Fall 2017

by Benesch on

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

Fourth Circuit Says Mixed-Fleet Drivers Entitled to Overtime

Under the Fair Labor Standards Act, certain drivers of commercial vehicles in interstate commerce are exempt from the law’s overtime provisions. In 2008, Congress amended the FLSA to apply the overtime requirement to drivers...more

Corporate E-Note - November 2017

by Burr & Forman on

In this Alert, Warren Matthews and Lee Thuston share key takeaways from the “State of the Automotive Industry in the U.S.” presentation during the 2017 Southern Automotive Conference. Thuston shared remarks at the conference,...more

FMCSA ELD Mandate is Here, but Will Have Grace Period

by Burr & Forman on

The December 18, 2017 compliance deadline for the FMCSA’s electronic logging device (ELD) mandate is quickly approaching for the transportation industry. The mandate will require all drivers of commercial motor vehicles who...more

Department of Transportation Adds Four New Drugs to Testing Panel

by FordHarrison on

On November 13, 2017, the Department of Transportation (DOT) announced that it is amending its drug-testing program to require testing for synthetic opioids. The new DOT regulations now harmonize with the Department of Health...more

DOT Amends Employee Drug Testing Requirements

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On November 13, 2017, the Department of Transportation amended its drug testing program regulation which, among other things, adds certain semi-synthetic opioids to its drug testing panel. ...more

Autonomous Vehicles Continue to Move Forward

by Holland & Knight LLP on

• The U.S. Senate has been debating its version of autonomous vehicle legislation, which for the time being does not include autonomous trucks. • The Senate Commerce Committee's marked-up version of self-driving car draft...more

Más de 20 Años Después, Continúa la Lucha Transfronteriza de Trasportes de Carga Bajo el TLCAN

by Holland & Knight LLP on

Los principales grupos de la industria de transportes de carga están presionando al Representante de Comercio de los Estados Unidos respecto del programa existente que permite que los camiones de carga mexicanos operen en...more

More than 20 Years Later, Cross-Border Trucking Fight under NAFTA Continues

by Holland & Knight LLP on

Major industry groups are lobbying the U.S. Trade Representative with respect to existing program that allows Mexican trucks to operate in the U.S under NAFTA. It is unclear what the cost to the U.S. would be if it were to...more

Liability, Damages, and Negligence: What Victims Need to Know About North Carolina Trucking Accidents

by Ward and Smith, P.A. on

Commercial trucking is essential to the North Carolina economy. According to one source, over 70% of all freight tonnage in the United States is moved on trucks, and there are 3.6 million heavy-duty commercial trucks on the...more

Aging Truck Drivers Face Medical Conditions that Reduce Roadway Safety

by Howard Ankin on

Aging commercial truck drivers face medical conditions that create safety hazards for themselves and other drivers. The physical and mental exhaustion associated with trucking can negatively impact many age-related...more

Autonomous Commercial Vehicles Closer to Hitting the Road After New Developments

by Holland & Knight LLP on

• The release of new federal guidance on autonomous vehicles, as well as the recent consideration of federal autonomous vehicle legislation in Congress, increases the likelihood that the introduction of autonomous commercial...more

The Alarming New Trend of Truck Safety Regulation Reversals

by Howard Ankin on

A recent trend of trucking regulations reversals has raised caused alarm among safety advocates. The rollbacks, which began at the first part of the year, successfully blocked safety regulations passed by the previous...more

FMCSA Withdraws Proposed Sleep Apnea Rulemaking

by SmithAmundsen LLC on

The Federal Motor Carrier Safety Administration (FMCSA) and the Federal Railroad Administration (FRA) have withdrawn the proposed rulemaking aimed at identifying and treating obstructive sleep apnea in workers in safety...more

USDOT Proposals May Help Reduce the Shortage of Drivers by Making it Easier to Obtain a Commercial Driver's License

by Holland & Knight LLP on

It is common knowledge that a shortage of qualified drivers is a chronic problem in the trucking industry. For instance, the American Trucking Associations (ATA) has estimated that there are 48,000 open jobs in the...more

Supreme Court's Refusal Keeps Electronic Logging Device Rule on Track

by Holland & Knight LLP on

In an earlier article (see Holland & Knight's alert, "Is There an Opening to Withdraw or Modify Electronic Logging Device Rule?," Jan. 13, 2017), we described the controversial final Electronic Logging Device (ELD) rule,...more

First Circuit Finds FAA Applicability A Question For Court And Holds FAA Exemption Applicable To Independent-Contractor...

by Carlton Fields on

The case presented two issues to the court: 1) whether a court must determine the applicability of the FAA to the case when asked to compel arbitration, where parties delegated questions of arbitrability to the arbitrator;...more

May 2017 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

This update of May 2017 developments in the area of independent contractor misclassification and compliance highlights three key legislative developments: the enactment of two new laws (one in New York City and the other in...more

First Circuit Applies FAA Transportation Worker Exception to Independent Contractors

The First Circuit Court of Appeals, in a case of first impression, recently issued an important ruling that will have a major impact on transportation companies using arbitration agreements in the states and territories...more

InterConnect FLASH! No. 61 - Regardless of Status (Broker/Motor Carrier): Contract & Control Still Matter

by Benesch on

Courts continue to review the circumstances surrounding the degree of control exercised over transportation service providers. This has held true in several different segments of the transportation industry whether it is home...more

Seventh Circuit Blazes Truck Driver’s Failure to Hire Claims

by Seyfarth Shaw LLP on

Synopsis: The Seventh Circuit affirmed a summary judgment decision in favor of the employer on the plaintiff’s race discrimination and civil conspiracy claims where the employer did not hire the plaintiff after the plaintiff...more

Transportation Developments in the Trump Administration's First 100 Days

by Holland & Knight LLP on

In January 2017, Holland & Knight Transportation & Infrastructure lawyers and senior advisors prepared 20 posts for the 20 days leading to President Donald Trump's inauguration regarding what to expect from the Trump...more

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