News & Analysis as of

Trucking Industry Department of Transportation (DOT) Motor Carriers

BakerHostetler

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

BakerHostetler on

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

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

Benesch on

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

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

Woodruff Sawyer

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

Woodruff Sawyer on

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

Benesch

Key Motor Carrier Provisions in the Bi-Partisan Infrastructure Bill

Benesch on

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

Jones Day

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

Jones Day on

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

ArentFox Schiff

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

ArentFox Schiff on

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

Payne & Fears

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

Payne & Fears on

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

Holland & Knight LLP

What Will the FMCSA Prioritize in Biden Administration?

Holland & Knight LLP on

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

Cozen O'Connor

Keeping Pace with Truck Driver Drug and Alcohol Testing During COVID-19

Cozen O'Connor on

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

Sheppard Mullin Richter & Hampton LLP

Overview of Recent Updates for Employers in the Commercial Trucking Industry

The COVID-19 pandemic has highlighted the central role local and long haul trucking companies and drivers play in the overall U.S. economy and specifically our public health infrastructure. Now, as states and businesses...more

Parker Poe Adams & Bernstein LLP

U.S. Transportation Department Issues Final Driver Hours-of-Service Rules

On May 14, the federal Department of Transportation issued final regulations easing commercial motor vehicle driver time restrictions. The final rules follow an August proposal that was intended to provide motor carriers with...more

Littler

DOT-FMCSA Issues Federal Emergency Declaration Establishing Limited Reprieve from Driver Safety Regulations for COVID-10 Relief...

Littler on

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

Roetzel & Andress

DOT Suspends FMCSR Enforcement For COVID-19 Supply And Passenger Transportation; Ohio Suspends Intrastate HOS Enforcement

Roetzel & Andress on

In an unprecedented move, the Department of Transportation (DOT) issued an Emergency Declaration that suspends the enforcement of most Federal Motor Carrier Safety Regulations (FMCSR) for COVID-19 supply and passenger...more

McNees Wallace & Nurick LLC

Compliance Reminder: U.S. Department of Transportation Drug and Alcohol Clearinghouse For Commercial Drivers Takes Effect January...

Employers of drivers who hold commercial driver’s licenses (CDL) have been subject to U.S. Department of Transportation drug and alcohol testing requirements for over twenty-five years....more

Parker Poe Adams & Bernstein LLP

U.S. Transportation Department Drug and Alcohol Database Requirements Begin January 6

Starting January 6, 2020, motor carriers subject to federal drug and alcohol testing regulations must begin using the new FMCSA Drug and Alcohol Clearinghouse. The clearinghouse is a secure federal database that will give...more

Poyner Spruill LLP

New Drug and Alcohol Clearinghouse

Poyner Spruill LLP on

The Federal Motor Carrier Safety Administration (FMCSA) has established the CDL Drug and Alcohol Clearinghouse (Clearinghouse). The Clearinghouse is a database, which will contain information related to violations of the US...more

Littler

FMSCA-Regulated Employers Take Note: Drug and Alcohol Clearinghouse Implementation Quickly Approaching

Littler on

In 2012, Congress passed and President Obama signed the “Moving Ahead for Progress in the 21st Century Act,” a transportation reauthorization bill referred to as “MAP-21.”...more

Seyfarth Shaw LLP

U.S. DOT FMCSA Update on Distracted Driving

Seyfarth Shaw LLP on

Seyfarth Synopsis:  The Federal Motor Carrier Safety Administration (FMCSA) recently rolled out Our Roads, Our Safety, a national safety campaign to raise awareness about sharing the road safely with large trucks and buses....more

Parker Poe Adams & Bernstein LLP

Federal Drug and Alcohol Requirements for Commercial Drivers Begin January 6

Beginning January 6, motor carriers using drivers subject to the Federal Motor Carrier Safety Administration’s drug and alcohol rules will be required to submit testing results and other information to a new electronic Drug...more

Jackson Lewis P.C.

Federal Motor Carrier Safety Agency Proposes Changes To Hours Of Service Rules For Truck Drivers

Jackson Lewis P.C. on

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has published a notice of proposed rulemaking (NPRM) on changes to the hours of service (HOS) rules. Background - First adopted...more

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

Federal Agency Preempts California’s Meal and Rest Break Rules for Property-Carrying Commercial Drivers

In an order with significant implications for motor carriers, the Federal Motor Carrier Safety Administration (FMCSA) concluded that California’s meal and rest break rules are preempted by federal transportation law and may...more

Michigan Auto Law

Truck safety crackdown on chameleon carriers must continue

Michigan Auto Law on

Chameleon carriers – dangerous trucking companies using new names to hide history of safety violations – are 3 times more likely to cause a truck accident - Lawyers who specialize in helping people injured in truck...more

Holland & Knight LLP

Transportation Developments in Year 1 of the Trump Administration - President Touts New $1.5 Trillion Infrastructure Plan; A...

Holland & Knight LLP on

In January 2017, Holland & Knight Transportation & Infrastructure lawyers and senior advisors prepared 20 posts for the 20 days leading to President Donald Trump's inauguration regarding what to expect from the Trump...more

Parker Poe Adams & Bernstein LLP

FMCSA Announces CDL Drug and Alcohol Clearinghouse

In 2012, Congress directed the Department of Transportation to establish a national clearinghouse containing Commercial Motor Vehicle (CMV) operators’ violations of the Federal Motor Carrier Safety Administration’s drug and...more

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