Conducting business during challenging times, mitigating risk, and planning for worst case scenarios is nothing new for the trucking industry. COVID-19, while unprecedented, is no different than many common daily challenges for trucking companies. To be successful, keep it simple. Know the rules, have a plan and execute the plan. While we provide some general guidance below, it's always best to consult an attorney about specific compliance questions.
We provide important legal developments, summaries and analyses impacting those involved in the trucking industry and the defense of trucking-related claims and lawsuits.
The Federal Motor Carrier Safety Administration (FMCSA) yesterday published proposed rulemaking to the hours of service rules in an effort to increase safety by providing drivers additional flexibility.
On March 10, 2016, the Federal Motor Carrier Safety Administration (FMCSA) requested comments regarding proposed rulemaking related to obstructive sleep apnea (OSA) and its effects on transportation safety. OSA causes restless sleep, which can lead to deficits in attention, concentration, situational awareness, and memory. While all truck drivers are screened for respiratory issues, FMCSA’s notice could lead to OSA-specific screening requirements. FMCSA’s medical review board recommended using a body mass index (BMI) of 33 as a screening indicator for OSA, which is notable in light of the Nebraska District Court’s recent decision in Parker v. Crete Carrier Corporation.
Yesterday, the Federal Motor Carrier Safety Administration (FMCSA) announced and released the long awaited electronic logging device (ELD) final rule. This final rule mandates use of ELDs by interstate drivers of commercial motor vehicles who currently use a driver’s record of duty status (driver’s log) to record their hours of service. Within two years, motor carriers are required to select an ELD system that connects to the engine of a commercial motor vehicle so driving time can be automatically recorded.
Federal Motor Carrier Safety Administration (FMCSA) regulations require that fleets check their drivers’ commercial license status at least annually to verify the driver has not been convicted of any serious traffic violation or the license disqualified. In 2003, FMCSA stated in a guidance announcement that it was okay for motor carriers to use a third-party notification provider such as New York City-based License Monitor Inc. to satisfy such regulatory requirement.