Expert Insights on DOT Compliance
In-depth analysis, regulatory updates, and practical compliance guidance from transportation attorneys and industry experts.
Wiseman joins FreightWaves to discuss broker liability
Trucksafe’s president Brandon Wiseman recently joined FreightWaves to discuss recent developments in the legal landscape surrounding broker liability for highway accidents. The panel discussed recent federal court cases from the 9th, 11th, and 7th Circuit Courts of Appeal, including the recent Ye v. GlobalTranz case, which held that a plaintiff's negligent hiring claim against a freight broker was preempted by the Federal Aviation Administration Authorization Act (FAAAA). Catch the replay below!
Federal appeals court rules claims against freight broker after crash are preempted
Earlier this week, the 7th Circuit Court of Appeals--the federal court with appellate jurisdiction over courts in Illinois, Indiana, and Wisconsin--ruled in favor of GlobalTranz, a freight broker, in a highway accident suit brought against it by plaintiff Ying Ye after her husband was killed in a crash caused by a carrier GlobalTranz had engaged to haul freight. The appeal presented the question of whether a plaintiff's claims against a property broker for negligently selecting/hiring an alleged
Brandon Wiseman
Wiseman addresses fleet safety & compliance at FreightWaves Fleet Summit
Trucksafe's president Brandon Wiseman recently presented on DOT safety & compliance at the FreightWaves Enterprise Fleet Summit. Wiseman joined host Anthony Smith to discuss some of the most pressing compliance issues faced by fleets today, including hours-of-service violations, CBD use among drivers, offsite DOT audits, and much more. Catch the replay below!About Trucksafe Consulting, LLC: Trucksafe Consulting is a full-service DOT regulatory compliance consulting and training service. We help
PHMSA contemplating several revisions to Hazardous Materials Regulations
The Pipeline & Hazardous Materials Administration (PHMSA)--the federal agency that regulates the multi-modal transportation of hazmat--is proposing several potentially-significant revisions to its Hazardous Materials Regulations (HMRs), according to an Advanced Notice of Proposed Rulemaking (ANPRM) published on July 5, 2023. According to the Notice, "PHMSA is publishing this ANPRM to solicit stakeholder feedback on initiatives PHMSA is considering that may modernize the Hazardous Materials Regul
Brandon Wiseman
FMCSA & NHTSA propose heavy vehicle automatic emergency brake rule
The Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA) published a joint Notice of Proposed Rulemaking on June 22, 2023, which would mandate that all newly-manufactured heavy trucks and buses be equipped with Automatic Emergency Braking (AEB) systems. “Advanced driver assistance systems like AEB have the power to save lives,” said NHTSA Chief Counsel Ann Carlson. “Today’s announcement is an important step forward in improving safety
Brandon Wiseman
FMCSA to implement operating authority exemption for providers of recreational activities
According to a June 2023 Notice of Proposed Rulemaking, The Federal Motor Carrier Safety Administration (FMCSA) intends to publish new rules to implement a statutory exemption from the interstate for-hire operating authority requirement for certain providers of "recreational activities." This proposal comes on the heels of the agency's recent efforts to clarify what types of passenger operations implicate other aspects of its regulations. According to the agency, Section 23012 of Congress's Inf
Brandon Wiseman
FMCSA again declines to tackle double brokerage
In a notice to be published in the Federal Register in the next couple of days, the FMCSA issued its "final guidance" on its regulatory definitions of the terms "broker" and "bona fide agent." This final guidance comes on the heels of the agency's "interim guidance" on this same topic, which it published in November of 2022 and which we discussed in detail in this article. The FMCSA's brokerage guidance is a response to Congress' mandate in its Infrastructure Investment and Jobs Act (IIJA). Spec
Brandon Wiseman
When trucking regulations run amok
Regulations have been my profession, my life, for many years. Trucking regulations, to be precise. I’ve devoted my career to helping fleets better understand and comply with the hundreds of safety-related regulations that govern their operations. And I step in to defend those fleets when they inevitably run afoul of the rules. Trucking is a heavily regulated industry, understandably so. It’s dangerous. Thousands of people die in the U.S. each year in accidents involving large trucks and buses, n
Brandon Wiseman
Telematics for Trucking: A Guide to Choosing the Right Solution
The term "telematics," at least in trucking, is generally understood to mean use of electronic devices to collect and transmit data about commercial vehicles and drivers. This data can be used to improve safety, efficiency, and compliance. In a recent episode of the Trucksafe LIVE! podcast, we broke down that term, identified some of the most common types of telematics solutions, and discussed some of the benefits and pitfalls that fleets should consider when deciding whether to implement a part
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