In December 2011, the Internal Revenue Service (“IRS”/”Service”) and the Treasury Department released new temporary regulations – over 200 pages commonly referred to as the “Tangible Personal Property” regulations – which primarily impact tax code Sections 263(a) and 162(a). You might be asking - how does this impact me? The following are some key highlights: ... Read More

The landmark Supreme Court case of Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp., 130 S.Ct. 2433 (2010), continues to be applied and extended in the lower courts. One such example is the recent case of Norfolk Southern Railway Co. v. Sun Chemical Corp., 2012 Ga. App. Lexis 1019 (Nov. 29, 2012). In Sun, Sun Chemical hired an ocean carrier, Compañia Sud Americana de Vapores (CSAV), to transport two containers of ink manufactured by Sun from Kentucky to Brazil.... Read More

On December 3rd, FMCSA announced that changes to the CSA program applying to a motor carriers’ Safety Measurement System (SMS) scores.

After a public comment period that began in March 2012 and input from 19,000 motor carriers and 2,900 law enforcement personnel, FMCSA has implemented 11 “enhancements” to a motor carriers’ monthly SMS scores. ... Read More

If ever there were a reason to make sure you have qualified Human Resources professionals working on your personnel problems, managing the complicated overlap between worker’s compensation, the FMLA, DOT regulations and the ADA is certainly one of them. The “Leave it to Beaver” days of the 1950s-60s are over. It is no longer a safe practice to require that sick or hurt employees stay out of work until they are “100%” or able to return to “full duties.” Nor is it safe to assume that once an employee has been out for 12 full weeks, he may be automatically discharged.... Read More

Recently, the Federal Motor Carrier Safety Administration issued its 2012-2016 strategic plan. The plan begins with a discussion of changes in the commercial motor vehicle industry. The FMCSA regulates approximately 500,000 active interstate motor carriers, 12,000 passenger carriers, and 7 million active commercial CDLs. The total miles traveled by all CMVs have grown 12.3% over the past ten years. That includes an increase of 43.7% for large truck and bus mileage.... Read More

Beginning on January 30, 2012, a commercial driver’s medical certification will become part of his/her commercial driver’s license driving record. One of the purposes of the new regulation is to enable roadside law enforcement to electronically confirm that the commercial driver has a valid medical certification by linking that information with the Commercial Driver’s License Information System.... Read More

The United States District Court for the Middle District of Florida recently handed down a decision concerning spoliation of evidence as it related to the failure to preserve data from a truck’s Electronic/Engine Control Module (ECM) following a fatal collision.