News & Analysis as of

Trucking Industry

Reefer Madness and Beyond - What Happens in California Doesn't Stay in California

by Benesch on

On April 18, 2018, the California Air Resource Board (CARB) issued a press release touting $152K they are collecting to “fund air pollution research, improve children’s health and install air monitors.” The money comes from...more

The Dynamex Decision: The California Supreme Court Restricts Use of Independent Contractors

On Monday, April 30, 2018, the California Supreme Court issued a landmark decision in the matter of Dynamex Operations West, Inc. v. Superior Court of Los Angeles. In a voluminous, 82-page decision, the California Supreme...more

Blockchain Uses in Transportation

by Holland & Knight LLP on

Blockchain technology is most well-known for its use with cryptocurrencies, however, it has wider potential applications in other sectors beyond that of banking and financial services. It is being evaluated for uses in the...more

Contractor Apocalypse: California Supreme Court Adopts Broad New Misclassification Test

by Fisher Phillips on

In a groundbreaking decision, the California Supreme Court adopted a new legal standard yesterday that will make it much more difficult for businesses to classify workers as independent contractors, drastically changing the...more

Truck Driver Shortages In The US And What It Could Mean For Safety

by The Roth Firm on

In 2017, trucks carried approximately 70% of all goods shipped within the United States, and the industry is only growing. The American Trucking Associations (ATA) projects annual growth of the trucking industry to be...more

Will Fewer Truck Inspections in Illinois Impact Safety?

by Howard Ankin on

According to a new state law that took effect January 1, 2018, trucks that operate solely in Illinois will now only be required to undergo one yearly state safety inspection instead of two, and although annual safety...more

Air Resources Board’s Regulatory Relief For Small Truck Fleets Violated CEQA

by Perkins Coie on

A court of appeal has held that the California Air Resources Board violated CEQA when it issued a “regulatory advisory” notifying small trucking operations that they need not meet ARB’s regulatory deadline for retrofitting...more

The Hub: Transportation News & Insights - March 2018

by Wilson Elser on

Pre-trip Inspections: Are You Doing Enough? Every driver who earns a commercial driver’s license must demonstrate that he or she knows how to conduct a thorough pre-trip inspection. However, as technology on commercial...more

Loss of Trust in Manager Is Good Cause to Fire

by Sherman & Howard L.L.C. on

Montana is one of the few states where employers must have good cause to fire an employee. In this recent case, the employer fired its site manager because he had an employee return to work without a medical release and sign...more

Changes in the Wind Bring New Opportunities in Florida for Advanced Israeli Transportation Firms

by Holland & Knight LLP on

Winds of change are blowing across Florida – not a scorcher, but instead tropical breezes that bring new hope for residents dealing with snarled traffic and new opportunities for developers, local communities and Israeli...more

Self-Driving Semi-Trailer Trucks: An Exercise in Futility or a Future Reality?

Reminiscing of the days of afternoon cartoons, The Jetsons futuristic society always seemed far-fetched and nothing more than fantasy. Fast forward 30+ years... while the concept of a flying car still seems far off,...more

Independent Contractor Trucker Class Action that Dodged FAA Arbitration Now Moves to the Supreme Court

by BakerHostetler on

As we await the Supreme Court’s decision on the enforceability of class action waivers, the Court has accepted certiorari on another arbitration-related case, this one relating to the application of the Federal Arbitration...more

Truck "Platooning" and the Vehicle to Vehicle Network - A Chance To Glimpse the Future of Vehicle Cybersecurity in Action

According to most in the automotive industry, a world where self-driving cars and fully automated trucks begin to fill our intersections and highways is still at least a decade or so away. Creative theories abound for how...more

Truck safety crackdown on chameleon carriers must continue

by Michigan Auto Law on

Chameleon carriers – dangerous trucking companies using new names to hide history of safety violations – are 3 times more likely to cause a truck accident - Lawyers who specialize in helping people injured in truck...more

Transportation Developments in Year 1 of the Trump Administration - President Touts New $1.5 Trillion Infrastructure Plan; A...

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

January 2018 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

There were six noteworthy cases in the area of independent contractor misclassification and compliance in January 2018 involving drivers of trucking companies, behavioral therapists, ride-sharing drivers, insurance agents,...more

Opioid Epidemic Spurs Increase in Drug Testing, Risks for Employers

by Ballard Spahr LLP on

The Department of Transportation (DOT) recently added four drugs at the heart of the nation's opioid epidemic to its drug testing panels: hydrocodone, hydromorphone, oxycodone and oxymorphone—the central ingredients in such...more

The Future of Freight

by Tonkon Torp LLP on

By now we've all heard about receiving Amazon packages by drone. Drones haven't cornered this market, though – there are also robots. But these are just the tip of the iceberg for cool new ways for stuff to get delivered more...more

Setting the Course for 2018 and Beyond: The Unified Carrier Registration Fee Final Rule

by Benesch on

On January 5, 2018, the Federal Motor Carrier Safety Administration (“FMCSA”) published a Final Rule setting the fees for the Unified Carrier Registration Plan and Agreement (“UCR”). The January 5, 2018 Final Rule (the “Final...more

Mobile Sources (Title II)/Air Enforcement: U.S. Environmental Protection Agency and Curtiss, Wisconsin Refrigeration Transport...

The United States Environmental Protection Agency (“EPA”) and Abbyland Trucking, Inc. (“ATI”) entered into a December 21, 2017, Consent Agreement and Final Order (“CAFO”) addressing alleged violations of Section 203(a)(3)(A)...more

Section 311/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Transportation Company Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and HollyFrontier Transportation LLC (“HT”) entered into a December 8th Combined Complaint and Consent Agreement (“CA”) addressing an alleged violation of Section 311...more

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

California Continues to Drive Toward Lower NOx Standards for Heavy-Duty Diesels

by Latham & Watkins LLP on

On January 12, 2018, the California Air Resources Board (CARB) will conduct a public workshop regarding CARB staff’s potential amendments to California’s heavy-duty vehicle (HDV) emission warranty requirements. According to...more

Common Defect Found in Multiple-Model Product Liability Class Action

by Bennett Jones LLP on

In a recent case before the British Columbia Supreme Court, N&C Transportation Ltd. v. Navistar International Corp., 2016 BCSC 2129 [N&C], Justice Skolrood certified a multiple-model product liability class action after...more

Driverless Vehicles Have Arrived in North Carolina - How Will Your Industry be Affected?

by Poyner Spruill LLP on

Twelve years old. In North Carolina, a person as young as twelve years old may ride alone in a fully autonomous—or, “driverless”—vehicle....more

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Cybersecurity

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