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By Adam R. Young, A. Scott Hecker, and Craig B. Simonsen

Seyfarth Synopsis: The Federal Motor Carrier Safety Administration (FMCSA), an agency of the Department of Transportation (DOT), today published a notice of proposed rulemaking (NPRM) (FMCSA–2022–0028), that would maintain non-emergency hours of service requirements during labor strikes and other economic emergencies.

FMCSA regulations have strict Hours…

Continue Reading FMCSA Moves to Tighten Hours of Service Requirements During Economic Emergencies

By Adam R. Young, Bradley D. Doucette, Bailey G. Green, and Craig B. Simonsen

Seyfarth Synopsis: According to the Centers for Disease Control and Prevention (CDC), drowsy driving is not just a major problem in the United States, it is a public health crisis. “Drowsy driving is the dangerous combination of driving and sleepiness or fatigue. …
Continue Reading Enter Sandman: Sleep and Occupational Safety at the Wheel

By Brent I. Clark, James L. Curtis, Adam R. Young, and Craig B. Simonsen

Seyfarth Synopsis:  The Federal Motor Carrier Safety Administration (FMCSA) recently rolled out Our Roads, Our Safety, a national safety campaign to raise awareness about sharing the road safely with large trucks and buses. 

The Agency noted that “trucks and buses are…
Continue Reading U.S. DOT FMCSA Update on Distracted Driving

By Benjamin D. Briggs, Brent I. Clark, Ilana R. Morady and Craig B. Simonsen

Seyfarth Synopsis: The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) published this week a notice of proposed rulemaking (NPRM) on changes to “hours of service” (HOS) rules to “increase safety on America’s roadways.”  The proposal, if adopted, would update existing …
Continue Reading DOT Publishes Proposed Changes to Hours of Service Regulations for Commercial Motor Vehicle Drivers

By Brent I. Clark, James L. Curtis, Adam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: Last month at the 2018 National Safety Council (NSC) Congress the speakers noted that “safety programs shouldn’t end when employees walk out the door and get into a vehicle to drive.”  The session was presented by Karen Puckett, the Director …
Continue Reading National Safety Council Congress Session on Driving Safety – The Missing Link in Your Company Safety and Health Management Systems

By Brent I. Clark, Kay R. Bonza, and Craig B. Simonsen

iStock_000021314720_MediumSeyfarth Synopsis: Recently decided court case finds that motor vehicle carriers may lawfully require overweight drivers to submit to a medical examination testing for obstructive sleep apnea.

We had previously blogged about the U.S. Department of Transportation’s Advance Notice of Proposed Rulemaking on the “Evaluation of…
Continue Reading Asleep at the Wheel: Trucking Company’s Sleep Apnea Policy and Procedures Reviewed by Federal Courts

By Erin Dougherty Foley, Brent I. Clark, Ilana R. Morady, and Craig B. Simonsen

iStock_000021314720_MediumThe U.S. Department of Transportation has published an Advance Notice of Proposed Rulemaking (ANPR) on the Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea, 47 Fed. Reg. 12642 (March 10, 2016).

The ANPR is directed at individuals occupying “safety sensitive positions”…
Continue Reading DOT Proposes Rulemaking on “Safety Sensitive Positions” in Highway and Rail Transportation

By Ilana R. Morady and Craig B. Simonsen

The Federal Motor Carrier Safety Administration (FMCSA) has just issued a notice and request for comment on “The Impact of Driver Compensation on Commercial Motor Vehicle Safety.” 80 Fed. Reg. 6159 (February 4, 2015).

The FMCSA has been studying the relationship between commercial motor vehicle (CMV) driver compensation and safety. The most…
Continue Reading Impact of Driver Compensation on Commercial Motor Vehicle Safety

By Ada W. Dolph and Craig B. Simonsen

The Occupational Safety and Health Administration (OSHA) recently flexed its muscle, announcing a nearly $1 million damages award and reinstatement for a foreman and two truck drivers against an asphalt paving company accused of terminating them in retaliation for filing separate OSHA complaints asserting that they had been directed to violate the…
Continue Reading OSHA Orders Asphalt Paving Company to Pay Nearly $1 Million and Reinstate Foreman and Two Drivers In Whistleblower Complaints

By Ilana R. Morady

The Federal Motor Carrier Safety Administration (FMCSA), the Department of Transportation (DOT) agency that regulates commercial motor vehicles, is increasing its attention on passenger carriers. Earlier this year, FMCSA Administrator Anne Ferro announced a targeted safety crackdown on motorcoach companies. The agency will be using specially trained investigative teams and coordinating with state law enforcement to …

Continue Reading New DOT Initiative Targets Motorcoach Industry