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How to Make Scarce Drivers More Scarce

You may not recall this, but as of February 20, 2020 it’s going to be much harder to become a CDL driver.  Waaay back on December 8, 2016 the FMCSA set entry-level driver training (ELDT) regulations, substantially increasing the amount of practical and theory education required to obtain a commercial driver’s license.  Oddly, the final version of this rule eliminated […]

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FMCSA to Begin Making Fault Determinations in Crashes Goal is to Avoid Hits to Carrier’s CSA Scores

On August 1, 2019, the Federal Motor Carrier Safety Administration (FMCSA) will make permanent a newly tested program that allows motor carriers to request that crashes the carrier believes were not the fault of their drivers be reviewed by FMCSA for the purposes of making a determination of fault. Under the new program, which has […]

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Truck Driver Involved in Crash Awarded $80 Million Due To Employer Misconduct

Sometimes it is good to read an article that serves as a reminder of what can happen when a company fails to do things the “right way.” In fact, many plaintiff’s lawyers attempt to paint trucking companies like “bad eggs,” even if they set out to do everything correctly. This is certainly a cautionary tale […]

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Virginia Trucking Association Safety & Human Resources Council Educational Meetings for July

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 […]

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Rough Road Ahead: Three Looming Shakeups of the Trucking Industry

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.  […]

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FMCSA To Require Truckers to Register With Federal Drug/Alcohol Database

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 […]

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Workers’ Comp Update: Asleep at the Wheel. On the Clock. But did the injury arise out of the employment?

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 […]

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Who the heck insures what? Insurance under owner operator leases

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 […]

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Virginia Truck Fleet Safety Awards

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 […]

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Deadline Approaching for Fleets Using Automatic On-Board Recording Devices

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 […]

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