Court Schedules Arguments on FMCSA's New Hours of Service Rule on March 15, 2013
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
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
Beginning January 1, 2024, California intrastate motor carriers and drivers will be required to use an electronic logging device (“ELD”) as generally required by the federal ELD regulations adopted under 49 CFR § 395, Subpart...more
UPDATE: As of October 23, 2023, the FMCSA extended the comment period by 30 days to November 29, 2023. The Federal Motor Carrier Safety Administration (“FMCSA”) published an advanced notice of proposed rulemaking...more
The Federal Motor Carrier Safety Administration (“FMCSA”) published an advanced notice of proposed rulemaking (“APRNM”) and request for comment on Thursday, August 29, 2023, in efforts to fulfill the Motor Carrier Safety Act...more
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
Providers and commercial users of transportation services necessarily rely upon the predictability and uniformity afforded by national laws and regulations to support the efficient and reliable supply chains that are so...more
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
The Federal Motor Carrier Safety Administration (“FMCSA”) recently published a Notice of Proposed Rule Changes regarding the method in which it evaluates motor carrier safety. The current Safety Measurement System (“SMS”) has...more
The Federal Motor Carrier Safety Administration (FMCSA) on Jan. 5, 2023, issued a notice of proposed rulemaking (NPRM) to implement financial security requirements on brokers and freight forwarders. The proposed changes to...more
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
On February 1, FMCSA published its supplemental advance notice of proposed rulemaking Safe Integration of Automated Driving Systems (ADS)-Equipped Commercial Motor Vehicles (CMVs) (88 Fed. Reg. 6691) (“SANPRM”) requesting...more
In early 2021, the 9th Circuit upheld federal preemption of California’s meal and rest break laws for interstate motor carrier drivers, in the consolidated case of International Brotherhood of Teamsters v. Federal Motor...more
Beginning January 6, 2023, motor carrier employers subject to the regulations of the Federal Motor Carrier Safety Administration (FMCSA) may conduct part of the safety performance history investigation that is required for...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
On June 10, 2022, the Federal Motor Carrier Safety Administration (“FMCSA”) issued a notice and request for comments in Docket No. 2022-134 to assist the agency in issuing guidance by November 15, 2022, in response to the...more
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
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
The possibility of a shipper being found liable to a third party who is injured by allegedly improperly loaded freight is an evolving one. Historically, the onus of responsibility, and liability, for loading freight has been...more
The U.S. Department of Transportation Federal Motor Carrier Safety Administration issued a “Clearinghouse Update” on May 27, 2021 reminding commercial motor vehicle drivers who are regulated by the FMCSA that they should...more
This Holland & Knight Transportation Blog post provides an update on several developments of interest that impact motor carriers and their logistics operations. FMCSA Meal and Rest Break Rule Preempts California's "ABC...more
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
Governor Asa Hutchinson issued a Proclamation declaring a regional emergency for Arkansas pursuant to the Federal Motor Carrier Safety Administration (“FMCSA”) regulations at 49 C.F.R. § 390.23. Parts 390 to 399 of the...more
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
The Ninth Circuit Court of Appeals recently upheld the Federal Motor Carrier Safety Administration’s (FMCSA) determination that federal law preempts California’s meal and rest break requirements as to drivers of...more