News & Reports
How “Ghost Drivers” Can Skirt HOS Regulations
KBG Injury Law In the modern, digital era, we have all manner of devices, gadgets, and apps that follow our every move, but an electronic logging device, or ELD, is a tracker that is specific to the interstate trucking (and commercial bus) industry. ELDs replaced...
Ghosts in the Machine
Scopelitis Since the mandated implementation of Electronic Logging Devices (ELDs) in December 2019, the trucking industry has largely – sometimes begrudgingly – accepted them and their role in managing Hours of Service (HOS) regulations. However, despite their...
The Differences Between a Criminal Case and a Civil Case
Joseph Bui Civil cases generally only result in monetary damages or orders to do or not do something, known as injunctions. A criminal case may involve both jail time and monetary punishment. The American justice system addresses the wrongdoings that people commit...
Safety Culture – Operating your Motor Carrier in safety and Compliance
The civil cases resulting in NUCLEAR VERDICTS sound the alarm for tort reform. Nuclear verdicts are increasing both in amounts and frequency and the need for tort reform across the nation, especially in so-called “judicial hellholes”. Motor carriers need to be...
Not Just Safety — Reducing Risk by All Departments
Doug Marcello Why It Matters Risk reduction and denuclearization is not solely the responsibility of safety and risk departments. Every department can – and must – act within their powers to reduce exposure to liabilities.This is even more important in an era of...
Federal appeals court finds overtime pay exemption for interstate truckers applies to intrastate oilfield drivers
Tyson Fisher A federal appellate court has found that although Texas oil tanker drivers never leave the Lone Star state, they are still involved in interstate commerce and therefore exempt from overtime pay. Earlier this year, the Fifth Circuit Court of Appeals...
What is an MVR?
Kathy Close States are required, as part of their commercial driver’s licenses (CDLs) programs, to share and receive data from the federal CDL database, Commercial Driver’s License Information System (CDLIS). The state’s MVR includes any data entered on the driver’s...
SEC v. Jarkesy: A Groundbreaking Supreme Court Decision with Significant Implications for Securities Enforcement
NOTE: This Supreme Court Decision is important. 49CFR part 385, FMCSA has laid out the ADMINISTRATIVE process in which a motor carrier can use when receiving a notice of a proposed “unsatisfactory” safety rating or the findings of a Compliance Review. This Supreme...
10 Tips for a Successful ELD Roadside Inspection
Mark Schedler Preparing your drivers and dispatch team for successful roadside inspections doesn’t just help minimize the chance of vehicle-related violations — it’s critical for avoiding accidents and minimizing over-the-road repairs. Improve...
Identifying And Securing Crash Data From A Multitude Of Sources
Todd A. Gray, Taylor McKnight & Joseph Fiorello Those who practice transportation law are acutely aware of the accident investigation process. There are essential tasks that must be completed in short order, such as driver and witness interviews, obtaining crash...