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Trucking and Transportation Law

Opioid Utilization Rules Enacted by Industrial Commission

On 5/1/18, the Rules for the Utilization of Opioids, Related Prescriptions, and Pain Management Treatment in Workers’ Compensation Claims (hereafter “Opioid Utilization Rules” or “Rules”) went into effect in connection with North Carolina Workers’ Compensation claims. The purpose of the Rules is to ensure that employees receive proper care, adequately contain medical costs, and facilitate timely and effective […]

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DOT/FMCSA – Noteworthy Updates

On 5/16/2018, the Fiscal Year 2019 transportation bill advanced through the House funding subcommittee and was debated by the full committee on 7/19/2018. The bill would de-fund Electronic Logging Device (ELD) enforcement for livestock haulers through 9/30/2019. The current exemption for livestock haulers expires on 9/30/2018. On 5/23/2018, Representatives Greg Gianforte (R-Mont.) and Collin Peterson (D-Minn.) introduced H.R. 5959, the […]

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DOT/FMCSA – Noteworthy Updates

On 4/1/18, the grace period ended for compliance with the Electronic Logging Device (ELD) mandate. Drivers caught without ELDs are now subject to being placed out of service for 10 hours, receiving a civil fine, and having points added to their Compliance, Safety, Accountability (CSA) program scores. If drivers are placed out of service in […]

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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 CMV […]

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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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