Scopelitis, Garvin, Light, Hanson & Feary, P.C.

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News & Analysis

The Transportation Brief®: A Quarterly Newsletter, Spring 2019 - Dispatches

  • Jeff Jackson reports that the Indiana Department of Revenue (INDOR) has been active in assessing statutory civil penalties on motor carriers for past overweight/oversize violations by as much as $5,000 per violation any time within 3 years of the original citation date. Scopelitis attorneys can assist in negotiating significant reductions in these weighty assessments.

  • In light of the recent IPS Worldwide (payment processor) bankruptcy, and after the lessons learned in the similar TransVantage bankruptcy, Craig Helmreich advises brokers and carriers to include an indemnification provision in contracts with their shippers to protect against “claw back” exposure if a payment processor goes bankrupt.

  • Jeff Jackson notes that many companies are exploring dynamic route optimization for pickup and delivery with some piloting proprietary AI tools that set pickup and delivery sequence and adjust routes in real time based on traffic, road construction, and other factors.  While these technological developments may improve overall carrier efficiency, the perceived increase in direction and control require carriers to manage the potentially negative consequence on independent contractor status for owner-operators.