News & Analysis as of

Trucking Industry

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

Accelerating Towards Changes In CoR And Heavy Vehicles

by Seyfarth Shaw LLP on

Throughout 2017 we have been supporting clients to prepare for changes to the Heavy Vehicle National Law (HVNL), effective mid 2018. In our Safeguard Series, we partnered with the Australian Logistics Council (ALC),...more

The Hub: Transportation News & Insights - December 2017

by Wilson Elser on

Patent Trolls and Transportation Companies - Even though courts and legislatures balance the tactics of the patent trolls, every transportation or logistics company needs to be wise and aware of the risks it faces when...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

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

Blockchain & Transportation: Home Run or Hype?

by Benesch on

Technology has increasingly served a critical—and sometimes transformational—role for providers and commercial users of transportation and logistics services. Automation, 3D printing, the Internet of Things, mobile...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

Toll Road Ahead: Fourth Circuit Rules Mixed-Fleet Interstate Truck Drivers May Be Entitled To Overtime Pay

by Jackson Lewis P.C. on

Despite the overtime exemption provided by the Motor Carrier Act, interstate trucking employers who operate “mixed fleets” – those with vehicles both over and under 10,000 pounds – may owe overtime pay to drivers of the...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

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

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

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