As an early Christmas present, the FMCSA issued today its long-awaited proposed changes to the hours of service regulations. A copy of the 109 page proposal is available at the FMCSA’s web site at http://www.fmcsa.dot.gov/HOS, and will also be published in the Federal Register on December 29, 2010. There will be a 60 day comment period for carriers and other interested parties to review and submit their comments and concerns to the FMCSA for consideration. The major hours of service changes proposed by the FMCSA include: A requirement that drivers complete all on-duty work-related activities...

The Federal Motor Carrier Safety Administration (“FMCSA”) released the Carrier Safety Management System (“SMS”) over the weekend meaning that CSA safety information is now available to the general public.  The following disclaimer pops up when you search for carrier safety information on the website (http://ai.fmcsa.dot.gov/SMS): USE OF SMS DATA/INFORMATION The Federal Motor Carrier Safety Administration’s (FMCSA) Safety Management System (SMS) is an automated data system used by FMCSA to monitor motor carrier on-road safety performance. FMCSA analyzes safety performance by...

On March 24, 2010, the U.S. Supreme Court heard oral argument in the Regal- Beloit case to decide whether the Carmack Amendment or the Carriage of Goods by Sea Act (COGSA) governs the inland leg of an intermodal import shipment moving under a “through” bill of lading. The Court’s decision should clarify several issues related to intermodal transportation of international shipments, including whether motor carriers can rely on COGSA’s $500 per-package cargo liability limitation. The issue arises because Carmack typically governs rail and motor carrier liability for cargo loss, damage, and delay,...

Few areas of transportation law are evolving so rapidly as that pertaining to 3PL liability. Long a relative safe-harbor against potential liability, brokers and freight forwarders are increasingly under attack on a number of fronts based on several theories of law whereby a 3PL can potentially be held liable for personal injury and property loss damages arising from a motor carrier’s negligence. Because of the publicity surrounding several high-dollar judgments recently obtained against 3PLs, the plaintiff’s bar seems increasingly prone to name 3PLs as parties to such cases in its never- ending...

An Early Review of CSA 2010 Signals An Advance Warning The Federal Motor Carrier Safety Administration (FMCSA) is field testing its Comprehensive Safety Analysis (CSA) 2010 Program in six states. Once implemented nationally (anticipated in mid-2010), CSA 2010 will effectively replace both SafeStat and the current safety rating methodology process. As such, CSA 2010 is one of the most important FMCSA initiatives in recent years. Early returns from those domiciled in the pilot states indicate that motor carriers operating under satisfactory safety ratings and acceptable SafeStat scores may have...

Electronic Logging – The Future May Be Now Last November, the FMCSA reversed its long-standing policy against the use of Global Positioning Satellite (GPS) and other advanced technology for Hours of Service (HOS) audit and enforcement purposes. As a result, FMCSA investigators are now regularly demanding that the detailed data taken from such technology be turned over for purposes of verifying the accuracy of driver logs. Failing to produce such data is considered a critical violation by the FMCSA, automatically resulting in a downgraded safety rating and, most likely, significant monetary fines. Of...