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Trucking and Transportation Law

DOT/FMCSA – Noteworthy Updates

  On 1/18/18, the comment period ended for the Federal Motor Carrier Safety Administration’s (FMCSA) proposed regulatory guidance regarding driving commercial motor vehicles (CMV) for personal use while off-duty. The guidance affects those drivers who are required to record their hours of service (HOS) while operating a CMV. A driver may record time operating a […]

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A Defendant’s Answer to Reptile Litigation

In today’s world of litigation strategy and tactics have evolved into more than putting your evidence on at trial and making good arguments on behalf of your clients to achieve the desired outcomes.  Occasionally, lawyers may retain jury consultants to help pick a jury that may be best suited to hear a particular case, but […]

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Reigning in the Parsons Presumption, Part II

In the Summer, 2016 Edition of this Publication, we addressed certain recent developments with regard to the “Parsons presumption.”  Since that time, a decision by the North Carolina Supreme Court and subsequent action taken by the General Assembly of North Carolina has further clarified the extent to which the “Parsons presumption” will be applied. By […]

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DOT/FMCSA – Noteworthy Updates

The long-awaited Electronic Logging Device (ELD) rule takes effect 12/18/17. In August, a bill presented by Brian Babin (R-TX) to delay the ELD mandate quietly gained traction in Congress with 43 cosponsors, including high-ranking Kevin Brady (R-TX), and from outside Capitol Hill with the support of the Owner-Operator Independent Drivers Association (OOIDA). Babin ultimately withdrew the bill but offered […]

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The Camera Doesn’t Lie

“In-Cab” or “dash-cam” cameras are becoming a more and more popular way for trucking companies to use technology to lower their costs and improve the safety of their drivers.  The relatively low cost of a dash-cam system compared to the high price of insurance, fuel costs, and possible litigation make them an economically feasible risk […]

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Industrial Commission Increases Efforts to Identify and Prosecute Uninsured Employers, Part II

A prior post contained the first of this two-part installment about the North Carolina Industrial’s Commission’s efforts during the past couple of years to deter employers subject to the Workers’ Compensation Act from failing to carry workers’ compensation insurance. This second and final installment of the series further explores the issue and information presented in […]

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DOT/FMCSA – Noteworthy Updates

The Federal Motor Carrier Safety Administration’s (FMCSA) Compliance, Safety, Accountability (CSA) and Behavioral Analysis and Safety Improvement Categories (BASICs) data and algorithms for identifying high-risk carriers is currently under review by a National Academy of Sciences’ (Academy) panel of 12 researchers.   The Academy’s study of the accuracy and reliability of the CSA and BASICs scores […]

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DOT/FMCSA – Noteworthy Updates

On 3/2/16, the Department of Transportation (DOT) Inspector General (IG) released preliminary results of the DOT study on the Federal Motor Carrier Safety Administration’s (FMCSA) hours-of-service restart rule. In his statement, the DOT IG indicated that the study “did not explicitly identify a net benefit on driver operations, safety, fatigue, and health.” The much-maligned provision […]

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