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A Motor Carrier or Shipper who is engaged in the transportation of hazardous materials, such as explosives, radioactive material and other chemicals deemed hazardous by the United States Department of Transportation, may be able to protect themselves under the Hazardous Material Transportation Act 1 from liability in negligence or strict liability actions brought in state or federal courts.
By now, most motor carriers1 should be familiar with electronic logging devices (ELDs) or alternative on-board recording devices (AOBRD). As of April 1, 2018, inspectors for the Federal Motor Safety Carrier Administration (FMCSA) may issue out-of-service orders to drivers for failure to install or use an ELD.
When hiring or recruiting drivers, commercial truck driving companies must walk a tightrope between not violating the Department of Transportation’s health standards for long-haul truck drivers (DOT Regulations)
Consider these facts: an over-the-road truck driver signs an independent contractor operating agreement with a national trucking company to transport freight. Later, the over-the-road truck driver accidentally hits a utility pole, causing property damage to the owner of the trailer, and leading to termination of the independent contractor operating agreement.
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