The date for compliance with the Entry-Level Driver Training (ELDT) rule is rapidly approaching. As of February 7, 2020, gone will be the days of aspiring truck drivers obtaining a learner's permit and then taking the CDL road test with little to no behind the wheel training. The new rules will require far more time and resources for drivers to be eligible to obtain a CDL. Is your entry-level driving training program ready for the new FMCSA requirements? Join us… Read More

Although it is by no means all of what we do, a lot of what we do here at Setliff Law involves (directly or indirectly) transportation and trucking. From liability defense to worker’s compensation defense to intellectual property, even when what we do isn’t directly related to a truck, it is often related to trucking. Since this newsletter is read largely by that interest group, here are a few things we’re watching that will probably have a big impact on… Read More

The FMCSA recently issued new rules that will require drivers to register with a federal database before they can change jobs in the industry. Beginning on January 6, 2020, drivers will be required to register with FMCSA’s “Commercial Driver’s License Drug and Alcohol Clearinghouse” as part of all future employment-related background checks. Drivers can begin registering voluntarily in October 2019. This Clearinghouse will be a secure federal database that will collect and catalogue real time information about CDL driver drug… Read More

It is common for claimants to request workers’ compensation benefits after being involved in motor vehicle accidents. As in all claims, the motor vehicle accident must “arise out of” the employment to be found compensable. Motor vehicle accidents that happen on public roadways may be found to arise out of the employment subject to the “actual risk test.” Mktg. Profiles, Inc. v. Hill, 17 Va. App. 431, 434-35, 437 S.E.2d 727, 729-730 (1993). Under the actual risk test, it is… Read More

With qualified drivers getting tougher to find, more and more carriers are turning to independent contractors to haul their loads. Contractors, using their own equipment, “lease on” to the carrier and run under its authority. While this arrangement is common practice, it is chock full of risks if done improperly. Among other things, Federal Motor Carrier Safety Administration (FMCSA) regulations contain a laundry list of terms that must be included in a written lease agreement, including the carrier having “exclusive… Read More

The Virginia Trucking Association presented its 2019 Safety Awards on April 3rd during its Annual VTA Safety and Human Resources Conference, held at the UVA Inn at Darden in Charlottesville, VA. The safety awards are generously sponsored by Nansemond Insurance Agency of Suffolk, VA. J.D. Newman, Inc. of Elkwood, VA was presented the 2019 Grand Trophy for Fleet Safety in Virginia. This award is presented to the company that was judged to have had the state's most effective motor carrier… Read More

By December 16, 2019, motor carriers who were granted a 2-year extension on the electronic logging devices (ELDs) mandate because they were using an Automatic On-Board Recording Devices (AOBRD) will be required to transition their AOBRDs to ELDs. With the deadline quickly approaching, it is important for carriers to assess their current situations to determine the plans that must be in place in order to ensure the smoothest possible transition. First and foremost, carriers must determine whether their fleet is… Read More

Jason Mackey has been with Setliff Law for 6 years and in that time has consistently demonstrated an ability substantially “beyond his years,” according to firm owner Steve Setliff. "His work on a day to day basis is outstanding, our clients love him and he works as hard as any lawyer I have seen in my 32 years of practice. Moreover, he is well on his way to becoming an outstanding trial lawyer." Mr. Mackey’s practice areas include personal injury… Read More