The Chartwell Chronicles: Trucking
Case In Point: Recent Developments in Employment Law
On April 28, 2025, President Donald Trump published an executive order (“EO”) requiring the secretary of transportation to overhaul the compliance process of certifying a commercial driver’s English proficiency. As set forth...more
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
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
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
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
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
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
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
Motor carriers and private fleet operators need to weigh several critical factors when deciding where to register and plate their motor vehicles and equipment (trailers, flatbeds, tanker units, etc.). Selecting the right...more
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
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
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
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
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
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
Beginning January 1, 2024, California intrastate motor carriers and drivers will be required to use an electronic logging device (“ELD”) as generally required by the federal ELD regulations adopted under 49 CFR § 395, Subpart...more
UPDATE: As of October 23, 2023, the FMCSA extended the comment period by 30 days to November 29, 2023. The Federal Motor Carrier Safety Administration (“FMCSA”) published an advanced notice of proposed rulemaking...more
The Federal Motor Carrier Safety Administration (“FMCSA”) published an advanced notice of proposed rulemaking (“APRNM”) and request for comment on Thursday, August 29, 2023, in efforts to fulfill the Motor Carrier Safety Act...more
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
Providers and commercial users of transportation services necessarily rely upon the predictability and uniformity afforded by national laws and regulations to support the efficient and reliable supply chains that are so...more
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
The Federal Motor Carrier Safety Administration (“FMCSA”) recently published a Notice of Proposed Rule Changes regarding the method in which it evaluates motor carrier safety. The current Safety Measurement System (“SMS”) has...more
The Federal Motor Carrier Safety Administration (FMCSA) on Jan. 5, 2023, issued a notice of proposed rulemaking (NPRM) to implement financial security requirements on brokers and freight forwarders. The proposed changes to...more
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
On February 1, FMCSA published its supplemental advance notice of proposed rulemaking Safe Integration of Automated Driving Systems (ADS)-Equipped Commercial Motor Vehicles (CMVs) (88 Fed. Reg. 6691) (“SANPRM”) requesting...more