Motor carriers may and should limit their liability for freight loss or damage. Limitations are permitted by California and federal laws (Cal. Comm. Code 7309; 49 USCA 14706). In Rational Software v. Sterling, 2393 F. 3d 276, a shipper hired the carrier
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Last week the FMCSA announced significant changes to its Hours of Service (HOS) requirements to provide greater flexibility for drivers. The four primary changes to the HOS requirements are: Short Haul: Increases the short-haul exceptions from 100 air miles to 150 air miles,
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As of April 8, 2020, the Federal Motor Carrier Safety Administration (FMCSA) extended its Emergency Declaration which suspended “hours-of-service” regulations that limit how many hours a commercial vehicle driver may work before going off-duty. The FMCSA’s Emergency Declaration states the COVID-19 pandemic
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On January 13, 2020, during ABA’s Bus Industry Safety Council (BISC) winter meeting, Federal Motor Carrier Safety Acting Administrator Jim Mullen announced that FMCSA has granted ABA’s petition stating that California’s Meal and Rest Break (MRB) rules are preempted under 49 U.S.C.
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On December 31, 2019, the U.S. Southern District Court granted the California Trucking Association’s request for a temporary restraining order (“TRO”). The Court Order prevents the state’s enforcement of Assembly Bill 5 (“AB-5”) until the court makes a decision on the CTA’s
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The California Supreme Court Dynamex case has been construed as eliminating independent contractors in California. AB 5 represents proposed statutory law aimed at codifying the Dynamex ruling as part of our statutory law. Various industries, including the motor carrier industry, are lobbying
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Chauvel & Glatt is pleased to announce that Attorney Derek Myers was elected to serve on the California Trucking Association’s Board of Directors. Since 2017, Derek has been a director of the CTA’s Bay Area Unit Steering / Planning Committee. In May
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Carriers and shippers often enter transportation contracts covering the transportation of the shipper’s freight (the “Contract”). However, each individual shipment is covered by a Bill of Lading (the “B/L”). The B/L operates at law as both a receipt for the goods and
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On May 3, 2019, in the case of Anthony Ayala v. U.S. Xpress Enterprises, the U.S. Central District Court of California dismissed a California plaintiff’s meal and rest break claim on the basis that the Federal Motor Carrier Safety Administration’s December 21, 2018 Order preempted
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On January 15, 2019, the United States Supreme Court ruled in New Prime, Inc. v. Oliveira that an interstate trucking company cannot force independent contractor drivers to arbitration based on arbitration clauses in independent contractor agreements. The case involved drivers who entered into agreements which required them to settle disputes with
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