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…
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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…
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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…
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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…
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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…
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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…
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On February 26, 2019, Senators Todd Young (R-IN) and Jon Tester (D-MT) reintroduced the DRIVE-Safe Act in both houses of the United States Congress. A nearly identical version of the Act was introduced as recently as August 2018, but it stalled out before ever becoming law. Generally, the DRIVE-Safe Act will change federal law that prohibits individuals from 18 to 21 years old from operating commercial motor vehicles across state lines. One main goal would be to increase the pool…
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In recent months we have seen a lot of situations where clients have dug themselves a hole by signing a contract. In some cases the client didn’t read the contract. In others the contract didn’t reflect the agreement. In others, the contract was just a bad deal for them. In all of them, we didn’t see the contract until there was a problem. That is less than ideal. Regardless, two common sayings apply: “Don’t be a penny wise and a…
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For many, the thought of buying a new car evokes a compulsory flood of emotion. Those emotions likely differ for each reader, but for most, they will include a healthy mix of excitement, pride, fear and anxiety. Since we here at Setliff Law prefer to focus on the positive, we assume that when you close your eyes and imagine yourself sitting in your choice of new car or truck (without consideration of financial constraint, of course) your sensory perception is…
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Thanks to a new set of rules recently passed in New York City, drivers for ride-hailing applications like Uber and Lyft are about to be guaranteed a minimum hourly wage. The new rule, passed by the New York City Taxi and Limousine Commission, mandates a wage floor of $17.22 per hour after expenses—or $26.51 per hour before expenses—a move that is estimated to raise the average rate of pay by approximately $9,600 per year for the over 77,000 ride-sharing drivers…
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