Water carriers have a moment of clarity on the horizon. An area of conflict between legal jurisdiction and technical obligations is being settled through Trump Administration regulatory reforms....more
7/17/2025
/ Deregulation ,
FMCSA ,
Government Agencies ,
Inland Waterways ,
Interstate Commerce ,
Regulatory Agencies ,
Regulatory Authority ,
Regulatory Reform ,
Shipping ,
Surface Transportation Board ,
Trump Administration
The growth of final-mile package deliveries, especially to residential delivery following the global pandemic, raises important legal questions about the transportation service performed by delivery drivers and their...more
6/16/2025
/ Commerce Clause ,
Contract Terms ,
Delivery Drivers ,
FMCSA ,
Interstate Commerce ,
Jurisdiction ,
Logistics ,
Motor Carriers ,
Regulatory Oversight ,
Supply Chain ,
Transportation Industry
The Federal Motor Carrier Safety Administration (FMCSA) issued an internal agency enforcement policy on May 20, 2025 (the Policy), outlining its approach to English language proficiency (ELP) for commercial motor vehicle...more
6/16/2025
/ Brokers ,
China ,
Commercial Truck Drivers ,
Common Carriers ,
FMCSA ,
Manufacturers ,
Motor Carriers ,
New Regulations ,
Safety Standards ,
Tariffs ,
Transportation Industry
On May 29, 2025, the U.S. Department of Transportation (“DOT”) announced a wide range of deregulatory actions seeking to lower the operational burden and cost of compliance. ...more
6/6/2025
/ Department of Transportation (DOT) ,
Deregulation ,
Executive Orders ,
Final Rules ,
FMCSA ,
Motor Carriers ,
NPRM ,
Proposed Rules ,
Rulemaking Process ,
Transportation Industry ,
Trump Administration
The Federal Motor Carrier Safety Administration (“FMCSA”) issued an internal policy on May 20, 2025, outlining its approach to English language proficiency (“ELP”) for commercial motor vehicle drivers. This policy is more...more
5/27/2025
/ Commercial Truck Drivers ,
Drivers ,
Enforcement Actions ,
Executive Orders ,
FMCSA ,
Motor Carriers ,
New Regulations ,
Policy Memorandums ,
Regulatory Requirements ,
Transportation Industry ,
Trump Administration
Recent headlines about President Trump’s Executive Order on “Enforcing Commonsense Rules of the Road for America’s Truck Drivers” (“EO”) raised questions across the trucking industry and in the media....more
On February 18, 2025, the Federal Motor Carrier Safety Administration (“FMCSA”) granted a request to reopen the comment period for its Broker Transparency Notice of Proposed Rulemaking (“NPRM”) originally published at 89 FR...more
Payment and collection practices are under renewed scrutiny in the transportation business. Legitimate providers and shippers are suffering from the growth of unlawful double brokering, insolvent service providers, and other...more
1/14/2025
/ Brokers ,
Compliance ,
Contract Terms ,
Department of Transportation (DOT) ,
FMCSA ,
Freight Forwarding ,
Insolvency ,
Joint and Several Liability ,
Payment Systems ,
Proposed Rules ,
Risk Management ,
Tariffs ,
Trucking Industry
The regulatory environment is top of mind these days coupled with speculation over potential change. Any attention paid to our obligations for safe and lawful operation is positive as we strive for compliance by our companies...more
12/2/2024
/ Commerce Clause ,
Commodities ,
Compliance ,
Department of Transportation (DOT) ,
FMCSA ,
Food and Drug Administration (FDA) ,
FSMA ,
Hazardous Substances ,
IFTA ,
Interstate Commerce ,
Motor Carriers ,
PHMSA ,
Registration Requirement ,
Regulatory Agencies ,
Regulatory Authority ,
Sales & Use Tax ,
Transportation Brokerage ,
Transportation Industry
The Federal Motor Carrier Safety Administration (“FMCSA”) issued a Notice of Proposed Rulemaking (“NPRM”) on November 20, 2024,titled Transparency in Property Broker Transactions (89 FR 91648). ...more
11/22/2024
/ Brokers ,
Disclosure Requirements ,
FMCSA ,
Motor Carrier Act ,
Motor Carriers ,
NPRM ,
Proposed Rules ,
Regulatory Requirements ,
Shipping ,
Transparency ,
Transportation Industry ,
Trucking Industry
Traditionally, the bill of lading (“BOL”) is a basic transportation contract between shipper and carrier. It’s importance under today’s laws is established in the first sentence of the Carmack Amendment at 49 USC § 14706....more
For-hire and private motor carriers face unique compliance and operations challenges that many other business or company functions do not encounter.
Operating commercial motor vehicles (CMVs) for your business, or as your...more
Public safety on the roadways is the chief objective of the Federal Motor Carrier Safety Regulations (FMCSRs). Some safety and operations teams will from time to time encounter unique circumstances where strict compliance can...more
3/25/2024
/ Commercial Truck Drivers ,
Compliance ,
Controlled Substances Act ,
Exemptions ,
FMCSA ,
Highways ,
Licensing Rules ,
Public Safety ,
Roads ,
Training Requirements ,
Trucking Industry ,
Waivers
Courts have clearly established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight loss or damage. The Act of God defense is an original, and one of the most...more
Double brokering has emerged as a hot topic in this era of supply chain fraud, hostage loads, and cargo theft. The term “double brokerage” is used sweepingly as a reference to a wide range of operational practices where the...more
Many government agencies accomplish their critical missions by using private transportation and logistics services. The General Services Administration (GSA) is often the key federal agency for managing private procurement of...more
9/18/2023
/ Code of Federal Regulations (CFR) ,
Competitive Bidding ,
Compliance ,
Department of Defense (DOD) ,
DFARS ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FMCSA ,
General Services Administration (GSA) ,
General Solicitation ,
Government Agencies ,
Subcontractors ,
System For Award Management (SAM) ,
Transportation Industry ,
Vendors
Air carrier liability has been governed by international convention nearly since the inception of the technology. In 1903, the Wright Brothers infamously conducted powered flight at Kitty Hawk. In 1919, the first reported...more
9/14/2023
/ Air Carriers ,
Boycotts ,
Complaint Procedures ,
Corporate Liability ,
Defense Strategies ,
DFARS ,
Dodd-Frank ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FMCSA ,
General Services Administration (GSA) ,
Jurisdiction ,
Mallory v Norfolk Southern Railway Co ,
Montreal Convention ,
Motor Carriers ,
Rest and Meal Break ,
Warsaw Convention
Federal regulators—as well as the marketplace itself—have been scrutinizing the role of certain types of “transportation intermediaries” in the industry. One point of focus has been the role of longstanding models such as...more
In a regulatory victory, interstate household goods movers recently saw the universe of required paperwork reduce by one key document. In 2017, the Federal Motor Carrier Safety Administration (FMCSA) convened a Federal...more
The growing prevalence of supply chain sustainability and related environmental, social, and governance (ESG) principles signals a shift requiring attention. Despite some vocal holdouts across the supply chain, the speed of...more
11/15/2022
/ Climate Change ,
Connected Cars ,
Corporate Governance ,
Customs and Border Protection ,
Cybersecurity ,
Electric Vehicles ,
Environmental Social & Governance (ESG) ,
FMCSA ,
Logistics ,
Military Conflict ,
Offers in Compromise ,
Public Comment ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Restrictions ,
Transportation Industry ,
US Trade Policies
An emerging trend in this era of supply chain disruption is the interest of large enterprise shippers, often in the consumer retail space, to in-source transportation operations at the strategic direction of their boards of...more
One of the most important stories in the transportation space over the last few years has been the explosive growth of last mile residential delivery. The global pandemic has only further fueled demand for this localized and...more
8/18/2021
/ Actual Delivery ,
Commerce Clause ,
Commercial Truck Drivers ,
Compliance ,
Department of Transportation (DOT) ,
Exclusive Jurisdiction ,
Federal Maritime Commission ,
FMCSA ,
Jurisdiction ,
Surface Transportation Board ,
Trucking Industry ,
TSA
One effect of the COVID-19 pandemic is the renewed need for transportation providers to consider strengthening operating platforms by expanding into new markets, integrating new offerings or adjacent services, or growing the...more
The household goods segment of the motor carrier industry is particularly challenging and, increasingly, a gating issue for new and innovative last mile or Do-It-Yourself service offerings. Understanding whether the statutory...more
The Federal Motor Carrier Safety Administration (“FMCSA”) has issued an Emergency Declaration for motor carriers and drivers providing direct assistance in support of relief efforts related to the COVID-19 outbreaks. The...more