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While nearly all motor carriers subject to the federal electronic logging device (ELD) mandate have complied with the industry-shaking regulation, a large portion of these carriers have complied using automated onboard recording devices (AOBRDs). Specifically, the final rule mandating ELDs allowed for AORBDs to be grandfathered in and used for an additional two years after the mandate went into effect, despite these devices not technically qualifying as ELDs due to software limitations, information sharing capabilities, lack of connection to the… Read More

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: ”The Employee Handbook: Why you need one and how it can protect you." Steve Setliff, partner and owner of Setliff Law, will discuss what should be included in an employee handbook and why it's so important to keep it up to date. In conjunction with this meeting, the VTA is making available to all… Read More

Assuming everyone is recovered from Thanksgiving, but now headed into the holidays, it seemed appropriate to provide a little light fare in this space. For your consideration, two freshly baked Virginia Comp. opinions: Whenever I am even CLOSE to a deadline, I put a backside in a car if I have to, in order to make sure I have physical delivery of whatever has to get wherever it has to go, on time. Southard v. JB Hunt Transport Services, Inc.,… Read More

A few months back, in an article titled, Americans Like Big Trucks and We Cannot Lie, we discussed the dichotomy between the American tendency to buy large passenger vehicles and the pressure on the auto industry to meet ever more stringent fuel economy standards. While passenger vehicle fuel economy ratings may get plenty of press coverage due to their inherent marketability, passenger vehicles do not enjoy an exclusive license over American roadways. There are an estimated 15.5 million medium-heavy duty… Read More

On Oct. 11, 2018, the Virginia Supreme Court extended the duty of care owed by an employer beyond just employees to any family members or third parties who may be affected by the employer’s action. In a 4-3 decision, the court ruled in Quisenberry v. Huntington Ingalls, Inc. that if an employer knew or should have known that an employee’s clothing dusted with asbestos could be handled by others, the employer owed a duty of care to those other people.… Read More

On Wednesday, October 28, 2018, President Trump signed into law the SUPPORT for Patients and Communities Act (“the Act”). The Act, which passed both Houses of Congress with near-unanimous bipartisan votes (99 to 1 in the Senate, 396-14 in the House), directs the Secretary of Health and Human Services to submit an estimated date for his final scientific and technical guidelines for hair follicle drug testing. The testing would be used for Federal Motor Carrier Safety Administration (“FMCSA”) drug testing… Read More

The U.S. Supreme Court has been in the news a lot lately, but, now that the calendar has turned to the fall, the Justices are back to work. In fact, one of the first cases to be heard at oral argument in this new term could have significant effects on the transportation industry. On October 3, 2018, the Supreme Court heard oral arguments in the case of New Prime, Inc. v. Oliveira. Generally, this case concerns how the Federal Arbitration… Read More

“Active Cruise Control with Stop & Go,” “Super Cruise,” “Lane-Centering Steering,” “Eyesight,” “Traffic-Aware Cruise Control.” Ready or not, autonomous vehicle technology has arrived. Just in time too, because as it turns out, statistics demonstrate that humans are fallible creatures. According to the US Department of Transportation, 94% of automobile crashes can be traced back to driver error. Never fear, technology is here. Today’s cars can “see,” accelerate, stop, park, stay in their designated lanes and even make lane changes without… Read More