News & Analysis as of

Transportation Industry Motor Carriers

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing...

The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) clarified in an August 12th Interpretive Letter the Hazardous Materials Regulations (“HMR”) applicable to emergency discharge control equipment for...more

Husch Blackwell LLP

Supreme Court Asked to Resolve Circuit Split on Broker Liability Under FAAAA Safety Exception

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Freight broker liability under the Federal Aviation Administration Authorization Act (FAAAA) is once again before the U.S. Supreme Court, with two new petitions for certiorari—Total Quality Logistics (TQL) v. Cox and...more

Amundsen Davis LLC

Lost in Translation: Trump Administration Overhauls Compliance Requirements for English Language Proficiency

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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

Benesch

Trump’s Emissions Rollback: What Motor Carriers & Private Fleets Must Know

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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

Benesch

Final-Mile Delivery and Nature of Commerce - The Most Important Legal Question Providers Struggle to Answer

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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

Benesch

InterConnect Newsletter - Q2 2025

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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

Husch Blackwell LLP

DOT Intends to Amend or Revoke 52 Transportation Regulations

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Recently, the Department of Transportation (DOT) announced its intention to implement 52 deregulatory actions across the Federal Highway Administration, Federal Motor Carrier Safety Administration, and National Highway...more

Benesch

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

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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

Parker Poe Adams & Bernstein LLP

Department of Transportation English Proficiency Guidance Takes Effect in Late June

Last month, President Donald Trump signed an executive order directing the Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) to begin enforcement of English language proficiency (ELP)...more

Husch Blackwell LLP

FMCSA Announces 18 Proposed Rule Changes Affecting the Trucking Industry

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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

Benesch

UPDATE: English Language Proficiency Requirements for Drivers

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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

Weber Gallagher Simpson Stapleton Fires &...

Mitigating the Risk of a Commercial Motor Vehicle Claim

The numbers are frightening. In recent years, juries have routinely rendered outsized verdicts, a trend attributable in part to social inflation, public sentiment toward corporate defendants, and sophisticated litigation...more

Benesch

The Devil You Don’t Know - Might Not Be So Bad! Good News for Driver Credit and Background Checks

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In this era of driver and employee shortages, employers of all kinds -  motor - carriers, freight intermediaries and shippers, should be aware of a byzantine array of federal statutes that could confer liability upon them,...more

Benesch

Colorado LER Reporting Deadline Extended for Brokers, Motor Carriers, Freight Forwarders & Private Fleets

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Motor carriers, brokers, freight forwarders and private fleets that are required to comply with Colorado’s new Large Entity Reporting (“LER”) requirement, a relatively unpublicized new regulatory measure in the State of...more

Roetzel & Andress

Ohio Joins Other States in Enacting Legislation to Govern Disputes Between Motor Carriers and Tow and Storage Providers Involved...

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On January 8, 2025, Governor Mike DeWine signed into law House Bill 403, which enacts § 4513.71 of the Ohio Revised Code and establishes clear dispute resolution protocols to secure expedited release of motor vehicles and...more

Benesch

Independent Contractor Owner-Operators and the Second Trump Administration: Motor Carrier Expectations for the Road Ahead

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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

Amundsen Davis LLC

7th Circuit Again Upholds Preemption of Negligent Hiring Claims Against a Freight Broker

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The Seventh Circuit Court of Appeals recently issued another important ruling for brokers, upholding that a claim for negligent hiring against a freight broker was preempted by the Federal Aviation Administration...more

Jackson Lewis P.C.

DOT Random Drug and Alcohol Testing Rates for 2025

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The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2025. The rates are the same as 2024, except that PHMSA has increased its random drug testing rate to 50%....more

Benesch

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

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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

When “No Comment” Isn’t an Option: FMCSA Publishes Proposed “Broker Transparency” Regulation

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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

Benesch

Colorado LER Requirement

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Breathe In That Rocky Mountain Air:  Motor Carriers, Brokers, Freight Forwarders, and Private Fleets Operating in Colorado Face November 30, 2024 Deadline to Comply with State’s New Emissions Reporting Requirements and Avoid...more

Benesch

Global Services Contracts - Going to Market with the Best Strategy for Your Case

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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

Benesch

The Use of Mock DOT Audits

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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

Integrating Sustainability into Transportation Contracts: A Guide for Shippers

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As concerns about environmental degradation and climate change intensify, shippers across a wide variety of industry verticals are seeking ways to make their supply chain operations more environmentally sustainable....more

Benesch

The Transportation Security Screening Modernization Act (H.R. 5840) Offers Potentially Significant Benefits to the Transportation...

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During a presidential election year, it is very difficult to get both sides of the aisle to agree on anything. However, thus far, the Transportation Security Screening Modernization Act (H.R. 5840) recently passed by the...more

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