Transportation Brief: Full Enforcement of the ELD Mandate Commences
May 22, 2018
As of April 1, 2018, the FMCSA and state law enforcement have begun to fully enforce the electronic logging device (ELD) mandate. Previously, ELD violations, though listed on roadside inspection reports and sometimes prompting fines, did not result in out-of-service orders or negatively impact a motor carrier’s Safety Measurement System (SMS) scores. Now, drivers who are subject to the ELD mandate and found to be operating without a device will be placed out of service for 10 hours. Additionally, motor carriers will start to see ELD-related violations impacting their Hours-of-Service Compliance BASIC score in the SMS. Along these lines, the FMCSA recently updated its SMS methodology to include new ELD-specific violations and their associated severity weights. Notably, violations like “operating without an ELD” and “using a device that is not registered with FMCSA” carry severity weights of 5.
Scopelitis’ Transportation Brief® is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.
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Transportation Brief: My Driver Filed an Unemployment Claim Where? Jurisdiction as a Defense to State Unemployment Claims and Worker Misclassification Challenges
by Steven A. Pletcher , Rebecca S. TrennerDetermining where to report unemployment tax is not only important for employee fleets, but it is also an important potential tool for defending state unemployment tax worker misclassification challenges. Read more here. -
Transportation Brief: Eleventh Circuit Upholds Downstream Carrier’s Limitation of Liability
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Transportation Brief: For the Record Spring 2018
We are pleased to announce that Michael Reed has joined the Firm’s Chicago office. Michael joins the Personal Injury, Property Damage, and Cargo Claims practice group.
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Scopelitis attorneys are often invited to participate in meetings with transportation industry leaders. Learn more about their trips this quarter.
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