The MCS-90 endorsement is one means by which an interstate motor carrier can demonstrate compliance with minimum financial requirements established by federal statute and regulations. The application of this endorsement by the courts, however, has caused a great deal of confusion and debate. This article will address the MCS-90 endorsement; when and how it applies; […]
The MCS-90 Endorsement
Supreme Court of Texas Affirms Supremacy of Attorney-Client Privilege in Expert Discovery
Suppose a manufacturer wants to designate one of its employees to provide expert testimony about the design process in a products liability case. Perhaps a bank wants one of its loan officers to give an expert opinion on lending practices. There can be many benefits to using a qualified expert who is already in-house, including […]
A Review of a Motor Carrier’s Basic Duties after an Accident
In 2016, 4,213 large commercial vehicles were involved in fatal crashes; 55,633 were involved in injury crashes; and 99,911 were involved in tow-away crashes.[1] For those most serious accidents that result in death, known serious injury, or significant property damage, it may seem like an easy decision for the motor carrier to drug and alcohol […]
U.S. Supreme Court to Decide Whether Federal Arbitration Act Covers
This term, the United States Supreme Court will address whether an exemption to the Federal Arbitration Act (FAA) for certain transportation workers applies to claims by independent contractors. The issue before the Supreme Court is on appeal from the First Circuit Court of Appeal’s decision in Oliveira v. New Prime, Inc., 857 F.3d 7, 9 […]
An Overview of Personal Conveyance Time – Part I
Strict compliance with the hours of service requirements set forth by the Federal Motor Carrier Safety Administration (“FMCSA”) is a goal shared by responsible motor carriers and drivers alike. One aspect of the hours of service requirements that is less than clear is that related to personal conveyance. Because FMCSA regulations do not even address […]
Federal Motor Carrier Safety Administration Announce Additional Electronic Logging Device Transition Guidance
Back on December 16, 2015 the Federal Motor Carrier Safety Administration instituted a requirement wherein most common carriers and drivers that are required to maintain records of duty status must maintain electronic logs. This electronic logging rule also applies to commercial buses, trucks and Canada and Mexico domiciled drivers. There are, of course, exceptions to […]
Department of Transportation Repeals Rule on Electronic Tanker Brakes
This month, the United States Department of Transportation voted to repeal a May 2015 proposed rule that would have required the installation of electronically controlled pneumatic (“ECP”) brakes on certain rail tank cars. The ECP rule rose out of a 2015 rulemaking by the Federal Railroad Administration requiring ECP brakes on certain trains hauling flammable […]
FSMA’s Rule on Sanitary Transportation of Human & Animal Food: What you Need to Know
According to recent data from the Centers for Disease Control and Prevention, foodborne illness is a significant burden that affects nearly 48 million Americans per year, hospitalizing 128,000 and killing 3,000. In response, President Obama signed into law the Food & Drug Administration (FDA) Food Safety Modernization Act (FSMA) on January 4, 2011 to shift […]
Automated Driving Systems in Tractor-Trailers? – They May Be Right Around the Corner.
According to the American Trucking Association, over 70% of all freight moved in the United States is moved on trucks. The ATA further estimates that 3.5 million truck drivers are needed to move such a volume of freight. As a whole, the ATA Truck Tonnage Index rose 3.7% in 2017, which marked the largest annual […]
The Motor Carrier Act of 1980/MCS-90 Endorsement– Does it Create Insurance Coverage or Require a Duty to Defend?
The Motor Carrier Act of 1980 (“the Act”) placed a number of requirements on interstate motor carriers. One requirement involved proof of financial responsibility. The Act states that no motor carrier shall operate a motor vehicle unless the carrier has demonstrated the ability to pay any claim up to a statutory minimum limit. Proof of […]