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Commercial Truck Drivers Motor Carriers

Sands Anderson PC

Garbage Collector Loses Sovereign Immunity Because Accident Happened During Mere “Normal Driving”

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Picking up trash is one of those unglamorous but essential government functions that we take for granted right up until a couple pick-ups in a row are missed.  In those moments we all learn just how essential it is that the...more

Rodemer Kane Attorneys at Law

Colorado Springs Personal Injury Lawyer Explains Semi Truck Laws and Truck Driver Rights

Colorado's scenic highways and bustling urban centers are home to a constant flow of commercial truck traffic. With this heavy presence of large vehicles comes the need for robust laws and regulations to ensure safety for all...more

Benesch

A Broker Nuclear Verdict Reversal! (And a Very Good Year [In the Courts] for Brokers)

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Suffice it to say that the past year has been a very good year for brokers; in the courts, that is! While there have been several very favorable preemption decisions across the country, the preemption doctrine is not...more

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

BakerHostetler

5th Circuit: Motor Carrier Act Applies to Intrastate Transport of Goods in the Flow of Interstate Commerce

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The Fair Labor Standards Act (FLSA) requires that employers pay certain employees one-and-a-half times their regular rate of pay for any hours they work over 40 in a workweek. There are, however, several exemptions from the...more

Benesch

International Roadcheck Is Coming Soon

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The Commercial Vehicle Safety Alliance’s (CVSA) International Roadcheck (Roadcheck) is scheduled for May 14-16, 2024. Roadcheck is an annual high-visibility, high-volume commercial motor vehicle inspection and regulatory...more

Benesch

Ejected! California District Court Dismisses Trucking Industry’s New AB5 Challenge

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As March Madness gets underway, a California federal judge has called a flagrant foul and ejected the trucking industry from its ongoing battle to challenge Assembly Bill No. 5 (“AB5”)....more

Chartwell Law

The Chartwell Chronicles: Trucking

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In Episode 27 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson are joined by special guest Garner Berry from our Ridgeland, MS office to discuss trucking claims. Colin, Brittany, and Garner cover a variety...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

Movin’ On Up: FMCSA’s New Safety Fitness Determinations

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UPDATE: As of October 23, 2023, the FMCSA extended the comment period by 30 days to November 29, 2023. The Federal Motor Carrier Safety Administration (“FMCSA”) published an advanced notice of proposed rulemaking...more

Benesch

Carmack Amendment Liability: Reminder of the Basic Legal Principles

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We regularly receive questions about motor carrier liability under the Carmack Amendment. This standard has been ubiquitous with interstate motor carriage since its enactment in 1906. Still, misunderstandings abound and can...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

Shumaker, Loop & Kendrick, LLP

Checklist for Booking Shipments via Brokers

With the effects of the pandemic and recession being felt through­out the transportation industry, our firm has seen an increase in claims by unpaid motor carriers against shippers and consignees for nonpayment, where the...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

MG+M The Law Firm

The Growing Risk of Liability for Freight Brokers, Direct Shippers and Third-Party Logistic Providers in Motor Carrier Collisions

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Negligence claims arising from motor carrier collisions have typically focused on the driver, owner and/or operator of the subject vehicle involved in the accident. This traditional model allowed freight brokers, direct...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

Woodruff Sawyer

Fleet Liability: DOT-Regulated, Owned Light, and Non-Owned Fleet Exposures Explained

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Employers with light fleets, non-owned fleets, and fleets regulated by the Department of Transportation (DOT) all have commercial auto liability exposure. However, with the increase in large verdicts in recent years,...more

Holland & Knight LLP

Trucker Protest Over California Independent Contractor Law Shuts Down Port of Oakland

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The U.S. Supreme Court recently denied the California Trucking Association's (CTA) petition for certiorari related to a case involving federal preemption of California Assembly Bill 5 (AB-5), a law that changed the legal...more

Fisher Phillips

Supreme Court Steps on the Brakes: How Its Recent AB 5 Decision Will Throw California’s Trucking Industry into Disarray

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While the U.S. Supreme Court has made a number of headlines this term, flying under the radar was its refusal to consider whether California’s controversial worker classification law should be blocked by a federal law that...more

Benesch

Time to Adapt: U.S. Supreme Court Declines Review of California Assembly Bill No 5

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Unfortunately, today, June 30, 2022, the U.S. Supreme Court delivered a deeply disappointing loss to the transportation industry and supply chain interests throughout the country by declining to review the California Trucking...more

Benesch

Transporting Alcohol - Staying Above the Influence

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One of the first questions we ask of new for-hire motor carrier clients is: “What are you hauling?” The typical trigger words that cause lawyers and trucking consultants to perk up should not come as a surprise: hazardous...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

Flaster Greenberg PC

To Hire or Not to Hire: A Difficult Question Made Easier to Answer Courtesy of the Eighth Circuit’s Ruling in CRST v. Swift

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The trucking industry is experiencing an unprecedented driver shortage. The American Trucking Associations estimates that the industry is short a record 80,000 drivers, a figure that is currently projected to double by 2030....more

Jackson Lewis P.C.

Infrastructure Investment and Jobs Act: Motor Carrier Safety Provisions’ Impact on Employers

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The Motor Carrier Safety provisions in the $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) will impose new obligations on employers and require new studies that, in turn, could lead to additional legislation...more

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