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 […]
U.S. Supreme Court to Decide Whether Federal Arbitration Act Covers
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 […]
Trump Administration Seeks Looser Truck Safety Regulations
During the Obama administration, the trucking industry experienced a significant increase in safety regulations. The Trump administration is actively seeking to roll back many of these regulations in an industry that has complained of over-regulation. On November 29, the House Small Business Committee, chaired by Representative Steve Chabot (R-OH), held a two hour meeting during […]
Newly Nominated FMCSA Chief to Face Changing Regulatory Environment
This month, President Trump nominated Raymond Martinez to lead the Federal Motor Carrier Safety Administration (“FMCSA”). Martinez currently serves as the New Jersey Motor Vehicle Commission chief and has previously led the New York Commission of Motor Vehicles and the Governor’s Traffic Safety Committee. Martinez’s nomination is supported by industry groups such as the American […]
Truck Drivers Required to Use Electronic Logging Devices Begin December 18, 2017
Since 1938, commercial truckers have been required to log their duty logs. Until recently logging has been done on paper logs. However, in December 2015, the Federal Motor Carrier Safety Administration (FMCSA) passed a new regulation[1] that requires the phased-in use of electronic logging devices (ELDs). The FMCSA believes that this rule will result in […]