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Trucking and Transportation Law

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

Recent developments in the North Carolina Industrial Commission’s efforts to deter employers subject to the North Carolina Workers’ Compensation Act from failing to carry workers’ compensation insurance are worthy of attention by all North Carolina employers. The developments may be of specific interest to those in the Trucking and Transportation sector due to the varied […]

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Cell Phone Litigation

Over the last ten years or so it has become self-evident that distractions related to cell phone use while driving present grave hazards. As a result, individual drivers and commercial carriers have begun to rely on blue-tooth or other hands-free technologies to communicate while driving. The issue for litigation which arises is whether hands-free communication […]

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DOT/FMCSA – Noteworthy Updates

On 9/23/16, the Federal Motor Carrier Safety Administration (FMCSA) issued a final rule allowing voluntary mounting of certain “vehicle safety technology” devices on the interior of commercial motor vehicles within the area swept by windshield wipers. These devices include video event recorders, lane departure warning systems, collision mitigation or warning systems, transponders, and hands-free-driver equipment […]

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DOT/FMCSA – Noteworthy Updates

On December 18, 2015, President Obama signed the 2016 fiscal year appropriations bill. That law further suspended the 34-hour restart rule, which took effect in July 2013 and which requires drivers to take off two consecutive periods of 1 a.m. to 5 a.m. during a 34- hour restart. As with the rule’s previous suspensions, it […]

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EPA Emission Standards

In June 2015, the United States Environmental Protection Agency (EPA) and the Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) jointly proposed a national program to establish the next phase of greenhouse gas (GHG) emissions and fuel efficiency standards for medium and heavy duty vehicles. The program’s purpose is to continue significantly reducing carbon […]

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