News & Analysis as of

Trucking Industry

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

A Half-Century Game Changer That Rocked the Transportation World: Dixie Midwest Express, Inc.

by PretiFlaherty on

The transportation industry, especially motor carriage, and the practice of transportation law have changed so dramatically over the last 50 years that it is difficult to recognize today’s business and law practice as their...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

New Avenue for Motor Carriers and Brokers to Remove Cases to Federal Court

by Sands Anderson PC on

Earlier this year in Desiree Luccio and Reed Frerichs v. UPS Co., the Southern District of Florida brought good news for motor carriers and brokers. This case involved UPS’ intrastate transportation of frozen embryos. The...more

EEOC Ordered To Pay $1.9 Million For Frivolous Claims Against Trucking Company

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In the latest chapter of the ongoing legal battle between the EEOC and delivery company CRST Van Expedited regarding the agency’s sexual harassment claims, a federal district court ordered the EEOC to pay...more

Mr. Martinez (Maybe) Goes to Washington: NJ Chief Administrator to be Appointed by President Trump

by Genova Burns LLC on

Raymond Martinez, the current Chair and Chief Administrator of the New Jersey Motor Vehicle Commission (“MVC”), is to be appointed by President Trump as the next Administrator of the Federal Motor Carrier Safety...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

Auto 2.0 Is More Than Just About the Automobile – From Shuttles to Logistics and More

by Foley & Lardner LLP on

The introduction of near autonomous vehicles to public roadways is set to completely revolutionize the way humans and goods navigate cityscapes in the coming years. Although Tesla’s autopilot feature has become the early...more

InterConnect Newsletter - Summer 2017

by Benesch on

The removal of CSA scores from public view may not eliminate the ability for an injured party to sue based on the negligent selection of a motor carrier, but it changes the analysis. The FMCSA still allows public access to...more

The Practical NLRB Advisor Issue 6 Summer 2017

XYZ Logistics has certainly had its share of labor troubles lately. Its truck drivers have been represented by the Teamsters for decades, and it has been bargaining a new union contract for what seems like forever. The...more

The Hub: Transportation News & Insights - September 2017

by Wilson Elser on

Distracted Driving: Not the End of the Road - As a claims professional or attorney, never jump to conclusions when you learn about a distracted driver claim. As the facts surrounding the accident begin to develop,...more

InterConnect FLASH! No. 63 - Employee v. IC: Dual Role of Agent and Small Fleet Owner

by Benesch on

The ‘Agent Model’ is commonly used by motor carriers operating with independent contractors (“ICs”) to increase capacity in various markets. The model allows the motor carrier to align certain increased costs; e.g., sales,...more

Motor Carriers Get Small Reprieve in Electronic Logging Device Implementation

by Holland & Knight LLP on

Trucking companies will receive a small reprieve when it comes to implementation of the Federal Motor Carrier Safety Administration's (FMCSA) electronic logging device (ELD) rule that takes effect on Dec. 18, 2017. The rule,...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

Buckle Up: Autonomous Commercial Vehicles are Coming to a Road Near You

by Holland & Knight LLP on

While most of the buzz about autonomous vehicles involves passenger vehicles, autonomous trucks soon will become a reality, too. Large driverless trucks! Although it sounds implausible, and perhaps frightening to some, it...more

A Blogster's Miscellany: From Flatterers to Casino Boozing to Angus vs. Scottie

by PretiFlaherty on

Kissing Not Welcome in this Room. Here’s another reason to like Tackey Chan, the Quincy rep just appointed House chair of the Joint Committee on Consumer Protection and Professional Licensure: he does not like to be...more

What You Need to Know about Truck Accidents in California

Being involved in a truck accident in Woodland Hills can be devastating. Severe spinal cord injuries, permanent disability, lost wages, and even death are common results. A truck accident doesn’t just change the life of the...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

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

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