On April 1, 2018, Department of Transportation (“DOT”) and state officials will begin issuing out-of-service orders to drivers who are found in violation of the electronic logging device (“ELD”) mandate. This will mark an end to the “grace period” that was in effect after the final rule establishing the ELD mandate came into effect on December 18, 2017. During this period, those found in violation of the final rule would not have their CSA scores penalized if found without an…
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As you have likely noticed, the tides have been turning on the issue of medical marijuana in America—as more than half of all states have comprehensive medical marijuana laws, and several have expanded to legalize various forms of recreational marijuana use. Meanwhile, marijuana remains a Schedule I controlled substance under federal law. All of this might leave employers confused about how to approach the issue of medical marijuana when it arises. In February 2015 Governor Terry McAuliffe signed into law…
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On January 26th, following a request from the National Asphalt Pavement Association (NAPA), the Federal Motor Carrier Safety Administration (FMCSA) published two exemptions to hours of service requirements (HOS) in order to accommodate those carriers engaged in the transportation of asphalt. The first exemption will enable drivers engaged in the transportation of asphalt and related materials to use 30 minutes or more of on-duty “waiting time” to satisfy the requirement for the 30-minute rest break, provided they do not perform…
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The Supreme Court of Virginia recently decided an important case concerning spoliation of evidence and issues of jury instructions and liability at trial. First, you may ask “what is spoliation of evidence?” You may also ask—“why do I care?” Spoliation of evidence occurs when a party is aware that there is pending or probable litigation involving evidence in the party's custody or under its control, and such evidence, if destroyed or otherwise not preserved, will interfere with the ability of…
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Va. Code Ann. § 65.2-708 generally bars an injured worker from seeking compensation benefits, that is, lost wages, if a claim is not filed within 24 months of the date where compensation was last paid pursuant to an order under the Va. Workers’ Compensation Act (permanent loss and extraordinary equitable circumstances exempted). While this bar is not jurisdictional and can be waived, see Diaz v. Wilderness Resort Ass'n & Liberty Mut. Ins. Co., 56 Va. App. 104, 116, (2010), it…
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In most workplaces, the days of corridors filled with filing cabinets filled with folders filled with documents are gone, replaced by a noisy, overheating room filled with servers loosely connected to obscure, arcane backup options. In the days of paper, physical space was at a premium, now drive space and bandwidth pose similar limitations on the storage of documents. As part of this shift from corporeal to cyber, both laws, and partly as a result of laws, policies regarding document…
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The Virginia Trucking Association and the Safety & Human Resources Council will be hosting educational meetings in east and west locations. The topic for January is: “It’s 3:00 am—and your driver has been in a serious accident. What steps should you take to protect your company—and why.” Accident Investigations - Steve Setliff from Setliff Law will present on how to prepare for and handle initial investigation of a motor vehicle accident and the necessary follow up. Steve also will talk…
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In our Winter Trucking Newsletter sent in December, we published an article entitled “ELDs & Personal Conveyance: Further FMCSA Guidance is Coming.” The guidance is now here! FMCSA Releases Proposed Guidance on Personal Conveyance FMCSA recently released proposed guidance to replace the current interpretation listed in Question 26 under section 49 C.F.R. 395.8. Regarding when a driver may operate a commercial motor vehicle (CMV), the proposed guidance states “[a] driver may record time operating a CMV for personal conveyance (i.e.,…
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In the field of trucking and freight many issues are raised by brokerage, and especially sub-brokerage, of freight. For the uninitiated, a “broker of freight” or “freight brokerage” is an entity that serves as a middleman between one entity that has freight to ship, and another entity that engages in the act of shipping freight. Freight brokerage can, in some circumstances, be sub-brokered - that is, an entity that has contracted to carry freight may further contract with yet another…
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A number of recent changes have occurred and continue to occur with the Virginia Workers’ Compensation Commission (“VWC”). There has been a recent push to expand Alternative Dispute Resolution (“ADR”) and in August the Commission relocated and expanded the Virginia Beach Regional office at 281 Independence Boulevard, Suite 310, Virginia Beach, Virginia. In November the VWC began moving the main, or Richmond, office from the outskirts of the City of Richmond to the downtown area, at 333 East Franklin Street,…
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