The Chartwell Chronicles: Trucking
Case In Point: Recent Developments in Employment Law
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
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
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
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
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
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
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
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
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
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
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
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
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
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
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced on March 13, 2020, that, due to the COVID-19 outbreak, exemptions for some regulations were warranted for certain motor...more
Executive Summary: On June 5, 2020, the Federal Motor Carrier Safety Administration (FMCSA) granted a waiver (effective from June 5, 2020 to September 30, 2020) from certain pre-employment testing requirements applicable to...more
On March 24, in response to COVID-19's impact on state driver licensing agencies, medical examiners, and the operators of commercial motor vehicles (CMVs), the Federal Motor Carrier Safety Administration (FMCSA) issued a...more
Following the president's declaration of a national emergency related to the COVID-19 outbreaks, the Federal Motor Carrier Safety Administration (FMCSA) issued its first nationwide Emergency Declaration. Typically issued on a...more
In an effort to address critical transportation needs associated with the COVID-19 emergency, the Federal Motor Carrier Safety Administration (FMCSA) issued an emergency declaration on March 13, 2020 suspending multiple...more
On March 13, 2020, the Federal Motor Carrier and Safety Administration (FMCSA) of the United States Department of Transportation (DOT) announced and issued a national emergency declaration (Emergency Declaration) establishing...more
As we have written here, the day before California’s controversial AB 5 was set to go into effect, U.S. District Court Judge Roger Benitez issued a temporary restraining order to block enforcement of the law as to...more
Seyfarth Synopsis: A federal court has granted a preliminary injunction blocking the State of California from enforcing AB 5 against motor carriers. The court provided a fulsome analysis demonstrating that the Federal...more
The federal court that had granted a temporary restraining order on New Year’s Eve blocking California’s misclassification law from taking effect against the trucking industry just extended that ruling by granting a...more
On January 16, 2020, the U.S. District Court for the Southern District of California entered an order granting a preliminary injunction requested by the California Trucking Association (CTA), which was represented by Ogletree...more
As we recently wrote here, just hours before California’s controversial AB 5 went into effect, a federal court in San Diego issued a temporary restraining order (“TRO”) to enjoin enforcement of the independent contractor...more