President Trump took steps to dismantle California’s vehicle emissions standards on June 12, 2025, by signing three Congressional Review Act (“CRA”) resolutions revoking California’s waiver under the Clean Air Act. The waiver...more
6/19/2025
/ Automotive Industry ,
CARB ,
Carbon Emissions ,
Clean Air Act ,
Congressional Review Act ,
Electric Vehicles ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Motor Carriers ,
Pending Litigation ,
Surface Transportation ,
Transportation Industry ,
Trump Administration ,
Waivers ,
Zero-Emission Vehicles
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
Independent Contractor Owner-Operators and the Second Trump Administration: Motor Carrier Expectations for the Road Ahead -
The role of independent contractor owner-operators (ICOOs) in the trucking industry has a long...more
2/21/2025
/ Air Carriers ,
Artificial Intelligence ,
Background Checks ,
Credit Checks ,
Criminal Background Checks ,
Employee Credit Checks ,
Employment Contract ,
Executive Orders ,
Fair Credit Reporting Act (FCRA) ,
Independent Contractors ,
Labor Regulations ,
Motor Carriers ,
Supply Chain ,
Trump Administration ,
Warehouses
The role of independent contractor owner-operators (“ICOOs”) in the trucking industry has a long history as a business model and also as a lightning rod for scrutiny. ...more
1/22/2025
/ Biden Administration ,
Business Model ,
Commercial Truck Drivers ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Misclassification ,
Motor Carriers ,
Regulatory History ,
Transportation Industry ,
Trucking Industry ,
Trump Administration
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
Global transportation and logistics services can amount to some of the largest expenses, and even the largest single contracts by spend, for enterprises with high traffic volumes. Among mature buyers and sellers of goods the...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
Accidents on the roadways are an unfortunate reality in the transportation business.
Any carrier that has been in the business long enough, or that has reached a sizeable scale, experiences accidents despite a zealous...more
The Commercial Vehicle Safety Alliance’s (CVSA) International Roadcheck (Roadcheck) is scheduled for May 14-16, 2024. Roadcheck is an annual high-visibility, high-volume commercial motor vehicle inspection and regulatory...more
Transportation services providers are increasingly facing new technology-oriented threats in day-to-day business. Recent cyberattacks and the potential for serious disruption from threat actors have drawn the attention of the...more
4/17/2024
/ Brokers ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Protection ,
Data Security ,
Document Retention Policies ,
Information Technology ,
Motor Carriers ,
New Rules ,
Strategic Planning ,
Technology ,
Transportation Industry ,
Trucking Industry ,
TSA
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
We regularly receive questions about motor carrier liability under the Carmack Amendment. This standard has been ubiquitous with interstate motor carriage since its enactment in 1906. Still, misunderstandings abound and can...more
9/15/2023
/ Burden of Proof ,
Commercial Truck Drivers ,
Common Law Claims ,
Defense Strategies ,
Filing Requirements ,
Liability ,
Motor Carriers ,
Negligence ,
Risk of Loss ,
Shipping Cargo ,
Trucking Industry
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
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
It is no surprise that technology is driving change in the motor carrier industry. In fact, we are observing a perfect trifecta of challenges as technology and carrier business converge. ...more
8/17/2021
/ California Consumer Privacy Act (CCPA) ,
Data Collection ,
Data Privacy ,
Data Protection ,
Electronic Communications ,
Independent Contractors ,
Information Technology ,
Mobile Apps ,
Motor Carriers ,
Personal Information ,
Supply Chain ,
Technology ,
Trucking Industry
Cabotage as a legal principle is neither new nor specific to the United States. It exists as a legal means to shield domestic carriers and their workforce from foreign competition....more
The international forwarding community was not immune from headlines, advisories, and rulemaking dealing with U.S. export controls and economic sanctions in 2020 despite never-ending attention due the global COVID-19...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