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Transportation Blog

Monday, August 31, 2009

Mandatory Direct Observation for Certain USDOT Drug Tests Goes Into Effect Today

Submitted by Kenneth Siegel*

As of August 31, 2009 the rules of the U.S. Department of Transportation (“USDOT”) on Return-to-Duty and Follow-up drug testing will now require that a same-gender observer check for prosthetic and other devices that could be used to cheat a drug test.  This is in addition to the observer’s subsequently watching the employee urinate into the collection container.

 

On May 15, 2009, the United States Court...

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Posted by Kenneth E. Siegel on Monday, August 31, 2009 in Transportation (47)

Tuesday, August 25, 2009

Common or Contract, That's NOT the Question: Agency Refunds to Motor Carrier Applicants Take One Small Step Toward Actually Following the Statute

By Kenneth Siegel*

Congress eliminated the 60 year old distinction between motor common and motor contract carriers in 2005 as part of the “Safe, Accountable, Flexible, Efficient Transportation Equity Act; a Legacy for Users” (affectionately known as SAFETEA-LU).  Effective January 1, 2007, the statute directed the Federal Motor Carrier Safety Administration (“FMCSA”) to cease issuing common and contract carrier permits and instead to issue a motor carrier...

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Posted by Kenneth E. Siegel on Tuesday, August 25, 2009 in Transportation (47)

Beyond “Checking the Box” for Truck Safety? FMCSA Proposes Proficiency Examination as Part of New Entrant Requirements

Submitted by Kenneth E. Siegel*

Since at least 1980, there has been no serious requirement for proof that prospective new interstate trucking companies can and will follow federal safety regulations. Under deregulation, the daily licensing bulletin from USDOT has shown for years that hundreds of new motor carriers are being registered each week after duly checking the safety certification boxes on the application form, while hundreds of others surrender their registrations after...

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Posted by Kenneth E. Siegel on Tuesday, August 25, 2009 in Transportation (47)

Wednesday, August 05, 2009

Do You Know Where Your Trucking Company Is? FMCSA Issues Guidelines on "Place of Business" for Recordkeeping, Tax Apportionment Purposes

By Kenneth Siegel*

The Federal Motor Carrier Safety Administration (“FMCSA”) has issued regulatory guidance to clarify how a motor carrier should determine its principal place of business.   Federal statutes and regulations require that a motor carrier designate its principal place of business. The regulatory guidance appears in the July 29 issue of the Federal Register (74 F.R. 37653).  The carrier’s principal place of business is, among other...

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Posted by Kenneth E. Siegel on Wednesday, August 05, 2009 in Transportation (47)