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Trucking Industry Motor Carriers FMCSA

Benesch

Motor Carrier Safety Department - Why You Need One and How To Improve Yours

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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

Benesch

Welcome to the Party: California to Require ELDs for Intrastate Drivers

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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

Benesch

Diagnosis: Whiplash! The FMCSA’s Meal and Rest Break Waiver Proposal

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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

Benesch

Lions and Tigers and Bears - Oh My! New FMCSA Guidance on the Definition of Dispatch Services, Bona Fide Agents, and Brokers

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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

Holland & Knight LLP

FMCSA Proposes New Financial Security Requirements

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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

Akin Gump Strauss Hauer & Feld LLP

Safe Integration of Automated Driving Systems for Equipped Commercial Motor Vehicles

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

Jackson Lewis P.C.

Federal Preemption of California’s Meal and Break Laws for Interstate Motor Carriers Applies Retroactively

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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

Benesch

FMCSA Eliminates HHG “Order For Service” Requirement

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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

Burr & Forman

Federal Motor Carrier Safety Administration Requests Responses on The Definitions of “Broker” and “Bona Fide Agents”

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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

Benesch

Key Motor Carrier Provisions in the Bi-Partisan Infrastructure Bill

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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

Benesch

Revisiting Shipper/Carrier Liability to Third Parties for Injury Caused by Allegedly Improperly Loaded Freight

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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

Holland & Knight LLP

Update on Key Issues for Motor Carriers Involving Independent Contractors

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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

Jones Day

Ninth Circuit Affirms FMCSA Preemption of California Meal and Rest Break Laws for Drivers Subject to Federal Regulation

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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

Mitchell, Williams, Selig, Gates & Woodyard,...

Winter Storm/Motor Carrier Regulations: Arkansas Governor Hutchinson Declares Regional Emergency Pursuant to 49 C.F.R. § 390.23

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

ArentFox Schiff

California Motor Carriers Rest Easy: 9th Circuit Upholds Preemption of California Meal and Rest Break Rules

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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

CDF Labor Law LLP

Ninth Circuit Green-Light’s FMCSA Decision to Preempt California Break Rules

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Upholds Federal Preemption of California’s Meal and Rest Break Laws for Interstate Commercial Drivers

In one of the year’s most anticipated court decisions for the trucking industry, International Brotherhood of Teamsters, Local 2785, et al. v. Federal Motor Carrier Safety Administration, No. 19-70413 (January 15, 2021), the...more

Sheppard Mullin Richter & Hampton LLP

The Ninth Circuit Puts the Brakes on Truckers’ California Meal and Rest Break Claims

After a decade of ups and downs on the question of federal preemption, the Ninth Circuit Court of Appeals has upheld the Federal Motor Carrier Safety Administration’s (“FMSCA”) decision to preempt California’s meal and rest...more

Payne & Fears

Ninth Circuit Upholds FMCSA Preemption of California Meal and Rest Break Laws

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The United States Court of Appeals for the Ninth Circuit on January 15 upheld the Federal Motor Carrier Safety Administration’s (“FMCSA”) determination that federal law preempted California’s meal and rest break rules (“MRB...more

Roetzel & Andress

Are Violations Of The FMCSRs Admissible To Show Negligence In A Trucking Case? Not According To The Sixth Circuit

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In trucking cases, plaintiff’s lawyers like to use the Federal Motor Carrier Safety Regulations (“FMCSRs”) against trucking companies and their drivers. Sometimes the FMCSRs are used to argue that truck drivers are...more

Holland & Knight LLP

What Will the FMCSA Prioritize in Biden Administration?

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The U.S. Department of Transportation (DOT) historically has been less prone to large shifts in policy between presidential administrations. Although President Donald Trump and President-Elect Joe Biden each nominated a...more

Holland & Knight LLP

Brokers, Carriers Comment on Federal Motor Carrier Safety Administration Broker Transparency Petitions

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The Federal Motor Carrier Safety Administration (FMCSA) recently requested public comments on petitions for rulemaking backed by owner-operator/small-fleet groups to address the transparency of brokerage rates. The petitions...more

Benesch

Property Broker Regulations: A Chance to Be Heard!

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The Federal Motor Carrier Safety Administration (FMCSA) has called a public listening session for Wednesday, October 28, 2020, from 1:00 PM to 2:30 PM EDT. Advanced registration is required at www.fmcsa.dot.gov. This is a...more

Holland & Knight LLP

Federal Motor Carrier Safety Administration Requests Public Comments on Broker Transparency Petitions

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The Federal Motor Carrier Safety Administration (FMCSA) requested public comments on petitions for rulemaking backed by owner-operator/small-fleet groups to address the transparency of broker rates. The notice is in response...more

Benesch

Household Goods Motor Carrier Regulation - A Primer and Update

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The household goods segment of the motor carrier industry is particularly challenging and, increasingly, a gating issue for new and innovative last mile or Do-It-Yourself service offerings. Understanding whether the statutory...more

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