News & Analysis as of

Department of Transportation (DOT)

Seventh Circuit Affirms Summary Judgment in Favor of Employer Finding That Required Mental-Health Examinations Did Not Violate the...

by FordHarrison on

Recently, the United States Court of Appeals for the Seventh Circuit in Painter v. Illinois Department of Transportation affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging a...more

MDOT Planning To Remove I-375 In Detroit. If History Were Different, Could A Proposal To Build It Be Challenged?

by Clark Hill PLC on

I take a run at historical fiction in light of MDOT’s plans to remove I-375 and in the process discuss necessity and public use concepts. The Michigan Department of Transportation (MDOT) recently announced that it is...more

West Virginia, Tightening the Belt, and Growth - Financing Public Improvements in Lean Budget Times

Since 2008, many state and local governments around the country have faced budget challenges. As lawmakers struggle to produce balanced budgets in the face of declining revenues, investment in public improvements, such as...more

Ninth Circuit Rejects Challenges to Arizona Highway Project

by Nossaman LLP on

On December 8, 2017, the Ninth Circuit Court of Appeals unanimously rejected two challenges to the 20-mile South Mountain Freeway Project in Phoenix, Arizona. The decision is the latest in a series of court decisions...more

Medical Marijuana is Coming—Is Your Business Ready?

In 2018, Arkansas businesses will face for the first time the prospect that job applicants and employees will produce a medical marijuana registry ID card approved by the Arkansas Department of Health (“ADH”) in response to a...more

DOT to Test Safety-Sensitive Transportation Workers for Additional Opioids - Employers May Need to Update Drug Testing Policies as...

by Holland & Knight LLP on

Safety-sensitive transportation workers in the aviation, trucking, rail, transit and pipeline industries, as well as certain U.S. Coast Guard employees, are required to submit to random drug testing under federal law....more

PHMSA Raises Random Drug Testing Rate To 50% For 2018

by Jackson Lewis P.C. on

The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration announced December 8, 2017 that during calendar year 2018, the minimum random drug testing rate will be increased to...more

Department of Transportation Repeals Controversial Rail Brake Rule

by Holland & Knight LLP on

In a decision that had become all but inevitable, the U.S. Department of Transportation (DOT), on December 4, 2017 rescinded its rule that would have required railroads carrying highly hazardous flammable materials, such as...more

GAO Report on Automated Vehicles Finds DOT Needs Roadmap

On November 30, 2017, the U.S. Government Accountability Office (GAO) released a report (“Report”) outlining its findings of the key challenges facing policy-makers as the regulatory environment seeks to promote the...more

Infrastructure Insights: Issue #9

Fast-moving Tax Bill Creates Uncertainties for Infrastructure Plan - As the GOP works to resolve its House and Senate tax bills, the legislation’s impact on President Trump’s $1 trillion infrastructure plan is far from...more

Trump Announces Drone Integration Pilot Program

by Snell & Wilmer on

On October 25, President Trump issued a memorandum directing Secretary of Transportation Elaine L. Chao to launch an initiative to safely test and validate advanced operations for drones in partnership with state and local...more

U.S. Department Of Transportation Publishes Guidance For Updating Drug And Alcohol Testing Policies

by Jackson Lewis P.C. on

The drug testing panel utilized by the U.S. Department of Transportation’s operating agencies will change on January 1, 2018. (Click here to read our blog post on that change). DOT published guidance on December 1, 2017 to...more

DOT Adds Synthetic Opioids to Drug Testing Panel

by Smith Anderson on

As of January 1, 2018, employers regulated by the federal Department of Transportation (DOT) must include certain synthetic opioids in their mandated drug testing policies and programs. DOT published a final rule on November...more

Fifth Circuit Decision in Highway Guardrails Case Provides Important Guidance on Materiality in False Claims Act Cases

by Mintz Levin on

The U.S. Court of Appeals for the Fifth Circuit recently decided a case that could have a substantial impact on False Claims Act (“FCA”) jurisprudence with respect to the element of “materiality.” In U.S. ex rel. Joshua...more

Department of Transportation Forms Pilot Program to Integrate UAS into National Airspace

by Stinson Leonard Street on

The Department of Transportation (DOT), in consultation with the Federal Aviation Administration, has announced details of the UAS Integration Pilot Program, a new program focused on developing and advancing new technologies,...more

Pending Dispute Over Contract Performance Prompts Agency to Find Contractor Non-Responsible and Rescind Bid Award on Separate...

by Davis Wright Tremaine LLP on

This past summer, the Alaska Department of Transportation and Public Facilities (“DOTPF”) rescinded a bid award after determining that the awardee was not a responsible contractor within the meaning of DOTPF’s bid...more

Department of Transportation Publishes Final Rule on Drug Testing

On November 13, 2017, the U.S. Department of Transportation (DOT) published a final rule making significant changes to 49 Code of Federal Regulations Part 40, which affects employers administering drug tests in the...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

New PA Driver’s Licenses and Photo ID Cards

Earlier this year, PennDOT began issuing new format PA driver’s licenses and photo ID cards. The newly-designed cards will be phased in over a four-year renewal cycle until all licenses and photo IDs issued are in the new...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

November 2017 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

by Cozen O'Connor on

This edition of the Cozen O’Connor Aviation Regulatory Update discusses new restrictions on Cuba travel, DOT’s Small Community Air Service Development Grant Program, new DOT drug testing requirements for safety-sensitive...more

OTA & Travel Distribution Update - Nov. 10th, 2017

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending November 10, 2017 is below. Senator Kobuchar’s recent request for an DOJ and FTC investigation into OTAs’ purportedly anti-competitive practices leads this...more

President Trump To Open Skies For Companies To Test Commercial Drones

Recently, President Trump issued a Presidential Memorandum purporting to relax rules for testing of commercial drones by private sector corporations. The Memorandum proposes that more companies should be allowed to fly their...more

Administration’s Drone Pilot Program to Spur Innovative Drone Use

by Jones Day on

To promote the integration of drone technology, the White House’s three-year Unmanned Aircraft Systems Integration Pilot Program partners the federal government with state, local, and tribal governments in the development,...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

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