News & Analysis as of

Department of Transportation (DOT) Motor Carriers FMCSA

Benesch

Regulatory Housekeeping: U.S. DOT Regulatory Easing Includes FMCSA Final Rules and Proposed Rules

Benesch on

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

Husch Blackwell LLP

FMCSA Announces 18 Proposed Rule Changes Affecting the Trucking Industry

Husch Blackwell LLP on

This week, the Federal Motor Carrier Safety Administration (FMCSA) announced a slew of proposed rule changes—18 in all—designed to streamline operations, reduce unnecessary paperwork, and align regulations with modern...more

Holland & Knight LLP

The Upcoming Trump Administration and Its Impact on Motor Carrier Regulations

Holland & Knight LLP on

In January 2025, the Trump Administration will take office, and it is anticipated that President-Elect Donald J. Trump's second term will lead to significant regulatory changes generally. In his first term, President Trump...more

Benesch

Motor Carrier Regulatory Agencies: Determining Which are Applicable and How to Comply

Benesch on

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

Benesch

Bill of Lading Primer - Types and Regulatory Requirements

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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

Benesch

The Use of Mock DOT Audits

Benesch on

A Department of Transportation (“DOT”) audit is something that all motor carriers dread. The potential for a Federal Motor Carrier Safety Administration (“FMCSA”) investigator can often have adverse consequences....more

Benesch

Surviving a DOT Audit

Benesch on

To most Americans, the word “audit” conjures up a visceral fear of the IRS combing through their records and finances. However, to those in the motor carrier industry, “audit” means something much different, but no less...more

Benesch

Transportation Brokering, Double Brokering, Co-Brokering, Interchange, and Interlining - Legal Rules in the Era of Fraud

Benesch on

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

Benesch

Lions and Tigers and Bears - Oh My! New FMCSA Guidance on the Definition of Dispatch Services, Bona Fide Agents, and Brokers

Benesch on

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

Akin Gump Strauss Hauer & Feld LLP

Safe Integration of Automated Driving Systems for Equipped Commercial Motor Vehicles

On February 1, 2023, the Federal Motor Carrier Safety Administration (FMCSA) restarted the process it began in 2017, requesting comments from stakeholders in a supplemental advanced notice of proposed rulemaking (SANPRM)...more

Jackson Lewis P.C.

Motor Carrier Employers May Conduct Safety Performance History Investigations in FMCSA Clearinghouse as of January 6, 2023

Jackson Lewis P.C. on

Beginning January 6, 2023, motor carrier employers subject to the regulations of the Federal Motor Carrier Safety Administration (FMCSA) may conduct part of the safety performance history investigation that is required for...more

Benesch

Key Motor Carrier Provisions in the Bi-Partisan Infrastructure Bill

Benesch on

H.R. 3684 of the 117th Congress passed the U.S. Senate on August 10 with a vote of 69-30. This bipartisan infrastructure legislation would make historic investments without increasing taxes, authorizing $550 billion in new...more

Jackson Lewis P.C.

FMCSA Issues Reminder To CDL Drivers Regarding Use Of CBD Products

Jackson Lewis P.C. on

The U.S. Department of Transportation Federal Motor Carrier Safety Administration issued a “Clearinghouse Update” on May 27, 2021 reminding commercial motor vehicle drivers who are regulated by the FMCSA that they should...more

Jones Day

Ninth Circuit Affirms FMCSA Preemption of California Meal and Rest Break Laws for Drivers Subject to Federal Regulation

Jones Day on

Ninth Circuit decision upholds the Federal Motor Carrier Safety Administration ("FMCSA") determination that federal law preempts California’s meal and rest break laws with respect to Department of Transportation-regulated...more

ArentFox Schiff

California Motor Carriers Rest Easy: 9th Circuit Upholds Preemption of California Meal and Rest Break Rules

ArentFox Schiff on

The 9th Circuit Court of Appeals has upheld a decision by the Federal Motor Carrier Safety Administration (FMCSA) that FMCSA’s rest break regulations preempt the California meal and rest break rules (CA MRB Rules). The...more

Payne & Fears

Ninth Circuit Upholds FMCSA Preemption of California Meal and Rest Break Laws

Payne & Fears on

The United States Court of Appeals for the Ninth Circuit on January 15 upheld the Federal Motor Carrier Safety Administration’s (“FMCSA”) determination that federal law preempted California’s meal and rest break rules (“MRB...more

Holland & Knight LLP

What Will the FMCSA Prioritize in Biden Administration?

Holland & Knight LLP on

The U.S. Department of Transportation (DOT) historically has been less prone to large shifts in policy between presidential administrations. Although President Donald Trump and President-Elect Joe Biden each nominated a...more

Fisher Phillips

Preparing Hazardous Materials Shipping Papers

Fisher Phillips on

The Federal Motor Carrier Safety Administration enforces the Hazardous Materials Regulations on our nation’s highways, requiring anyone who offers, ships, or transports a hazardous material to include shipping papers that...more

Cozen O'Connor

Keeping Pace with Truck Driver Drug and Alcohol Testing During COVID-19

Cozen O'Connor on

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced on March 13, 2020, that, due to the COVID-19 outbreak, exemptions for some regulations were warranted for certain motor...more

Sheppard Mullin Richter & Hampton LLP

Overview of Recent Updates for Employers in the Commercial Trucking Industry

The COVID-19 pandemic has highlighted the central role local and long haul trucking companies and drivers play in the overall U.S. economy and specifically our public health infrastructure. Now, as states and businesses...more

Littler

DOT-FMCSA Issues Federal Emergency Declaration Establishing Limited Reprieve from Driver Safety Regulations for COVID-10 Relief...

Littler on

On March 13, 2020, the Federal Motor Carrier and Safety Administration (FMCSA) of the United States Department of Transportation (DOT) announced and issued a national emergency declaration (Emergency Declaration) establishing...more

McNees Wallace & Nurick LLC

Compliance Reminder: U.S. Department of Transportation Drug and Alcohol Clearinghouse For Commercial Drivers Takes Effect January...

Employers of drivers who hold commercial driver’s licenses (CDL) have been subject to U.S. Department of Transportation drug and alcohol testing requirements for over twenty-five years....more

Jackson Lewis P.C.

FMCSA Raises Random Drug Testing Rate To 50% For 2020

Jackson Lewis P.C. on

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced on December 27, 2019 that beginning on January 1, 2020, the minimum annual percentage rate for random drug testing is 50% of the...more

Parker Poe Adams & Bernstein LLP

U.S. Transportation Department Drug and Alcohol Database Requirements Begin January 6

Starting January 6, 2020, motor carriers subject to federal drug and alcohol testing regulations must begin using the new FMCSA Drug and Alcohol Clearinghouse. The clearinghouse is a secure federal database that will give...more

Amundsen Davis LLC

FMCSA Drug And Alcohol Clearinghouse Rule Deadline – Employers Of DOT Regulated Employees Have You Registered Yet?

Amundsen Davis LLC on

While the Federal Motor Carrier Safety Administration’s (FMCSA) Clearinghouse Rule became effective on January 4, 2017, it has been a while so here is a reminder that the Rule goes into effect on January 6, 2020, just over a...more

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