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Kenneth E. Siegel
International Transportation/Logistics Governmental Law International Trade Compliance
As Of Counsel in the firm’s Washington, D.C. office, Ken’s practice involves the representation of motor carriers (both for-hire and private), freight intermediaries, and shippers before federal agencies (including U.S.DOT agencies such as FMCSA, PHMSA, NHTSA, and others) on matters related to safety, hazardous materials, licensing, drug testing, and insurance. Ken also provides advice on and drafting of transportation contracts; independent contractor (owner-operator) leases and related matters; international issues such as customs and immigration, cabotage, and compliance with various federal requirements related to the entry of goods and trucks into the U.S.; intermodal transportation; cargo claims; and collections.
Ken also provides legal and legislative advice to several trade associations. He has been involved in the drafting of every major piece of surface transportation legislation since 1977, including Safe, Accountable, Flexible, Efficient Transportation Equity Act; A Legacy for Users (SAFTEA-LU); Motor Carrier Safety Improvement Act of 1999; ICC Termination Act of 1995 (ICCTA); Federal Aviation Administration Authorization Act of 1994 (preempting state regulation of trucking prices, routes, and services); Intermodal Safe Container Act; STAA of 1992; Motor Carrier Act of 1980. Ken also provides associations written advice on certification programs, antitrust, and corporate affairs.
Ken was Vice President Law and Deputy General Counsel of the American Trucking Associations for 23 years and prior to joining ATA was with the legal staff of the General Accounting Office and a trial attorney with the former Interstate Commerce Commission’s Bureau of Enforcement.
REPRESENTATIVE EXPERIENCE
- Drafted Model Motor Carrier/Broker Agreement for ATA.
- Represented large truckload carrier before Canada Border Services Agency in a voluntary disclosure proceeding resulting in the forgiveness of several millions of dollars of potential fines.
- Defended large LTL carrier in contract dispute claiming overcharges resulting in carrier collecting undercharges due from plaintiff shipper.
- Drafted several transportation and brokerage agreements for various carriers, intermediaries, and shippers.
- Represented several motor carrier associations in judicial challenge to revisions of U.S.DOT hours of service (HOS) rules. Represented national association of safety enforcement officers in challenge to prior HOS rules.
- Represented large LTL carrier in FMCSA administrative proceeding on HOS
- Represented several motor carriers, shippers and testing service before Pipeline and Hazardous Materials Safety Administration with respect to alleged violations of Hazardous Materials Safety Regulations and petitions for exemptions.
- Successfully defended shipper against claims by motor carrier’s subcontractors for freight charges which shipper had paid to motor carrier.
- Obtained qualification as self-insurer from FMCSA for major truckload carrier.
- Advised national van line company with respect to FMCSA audit alleging violation of random drug testing rules.
- Acted as expert defense witness in several class action law suits by owner-operators against motor carriers for alleged violations of truth in leasing regulations.
- Drafted and revised several owner-operator leases, and have advised carriers with respect to relations with owner-operator.
- Led effort to convince TSA to adopt interim final rules enabling Canadian-based drivers to transport explosives in U.S. under Safe Explosives Act.
- Have testified before Congress on behalf of industry.
- Participated in numerous administrative proceedings, drafting comments and petitions on behalf of carriers, associations, suppliers, and shippers.
- Represented Canadian trucking association in Washington, D.C.
PUBLICATIONS AND PRESENTATIONSOverview of Current Developments in Labor Law and Employment Law (motor carriers), 2007 annual conference of the Association of Transportation Law Professionals
Contingent Liabilities of Motor Carriers and Freight Brokers, Inland Marine Underwriters Association annual meeting, 2007.
Comparison Of ATA And TIA Model Motor Carrier / Broker Agreements, ATA Annual Membership Conference & Exhibition, 2006.
“Model Agreement: Advocacy vs. Facilitation”, Transport Topics, published June 19, 2006.
Ex Parte Communications Between Practitioners And Agency Staff/Members, Transportation Law Institute, 2005
Transportation Brokers – Relations, Issues & Initiatives, South Carolina Trucking Association, 2004.
Broker/Carrier Contracts: The Problems & The Solution, ATA Litigation Center General Counsel’s Forum, 2004.
Owner-Operators, Maintaining Their Independent Status, Truckload Carriers Association Teleconference, 2003
Freight Charges: How To Collect Them And Keep Them, Truckload Carriers Association Teleconference, 2002
Economics Vs. Safety; Trucking Across The U.S./Mexican Border – Where There Is A Wheel There Must Be A Weigh, Transportation Law Institute, 2002.
Barring Mexican Motor Carriers Under NAFTA – the Safety Ruse, Transportation Law Institute, 2001.
Federal Preemption Of State Laws & Regulations – A Tool That Is Underused By The Transportation Industry, Association for Transportation Law, Logistics and Policy (ATLLP) Regional Seminar, Washington, D.C., 2001.
North American Transportation Network Under NAFTA – An Unfulfilled Promise, ATLLP Regional Seminar, Washington, D.C., 2001.
Who Should Be Required To Inspect, Repair & Maintain Intermodal Equipment, Transportation Law Institute, 2000.
Important Developments In Motor Carrier Safety, ATLLP Annual Meeting, 2000.
Recent Developments In Motor Carrier Law And Regulation, Transportation Lawyers Association (TLA) Annual Conference/Canadian Transport Lawyers’ Association (CTLA) Midyear Meeting, 2000.
Update On Court And Legislative Activity Affecting Motor Carrier Collection Activity, Credit & Collection Practices Committee, ATA National Accounting and Finance Council, 2000.
Opportunities To Self-Insure, Insurance Committee, ATA National Accounting and Finance Council, 2000.
Cabotage In North America – Recent Customs Reforms And Need For Revision Of Immigration Rules, American Bar Association International Law Committee, 2000.
Moderator of panel on motor carrier tariffs and deregulation, ATA Litigation Center General Counsel’s Forum, 2000.
Antitrust Concerns For Small Carriers, Small Carrier Committee of ATA, 1999.
NAFTA And The Move Toward A Common Safety Certification, Transportation Law Institute, 1997.
Opportunities For Small Carriers Under ICCTA, Small Carrier Committee of ATA, 1997.
“ICC Termination Act of 1995, Information for the Trucking Industry,” published by ATA Litigation Center, 1996.
Developed and presented series of seminars on ICCTA for ATA, 1996.
New Opportunities in Cabotage – Customs’ Revisions to Definition of International Transportation, North American Transportation Alliance, 1996.
Motor Carrier Regulatory Reform and Its Effect on Small Carriers, Pennsylvania Motor Truck Association Annual Meeting, 1996.
An Overview of Regulatory Reorganization and Issues Under the ICC Termination Act, Transportation Law Institute, 1996.
Federal Preemption of State Regulation, Pennsylvania Motor Truck Association Annual Meeting, 1995.
Developed and presented series of seminars on Intermodal Safe Container Act for ATA, 1995.
Shippers’ Obligations under the Intermodal Safe Container Act, Fertilizer Institute, 1994.
Workshop on Cabotage Within North America, TLA Annual Conference/CTLA Midyear Meeting, 1994.
Developed and presented a two week class on “How to Organize and Operate a Privately Owned Motor Carrier,” Nizhny Novgorod, Russia, 1992.
PROFESSIONAL AFFILIATIONSAdmitted, District of Columbia and Pennsylvania, United State Supreme Court, most U.S. Courts of Appeals.
Member: Transportation Lawyers Association, Association For Transportation Law Professionals, Canadian Transport Lawyers’ Association, American Bar Association, District of Columbia Bar Association, Inns of Court, Board of Directors for Transportation Intermediary Association’s P3 program.
EDUCATIONB.S. in Business Administration, Duquesne University, 1969
J.D., Temple University, 1972
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