-
Feb 20, 2025 | 
lexology.com | Jonathan Todd |Marc Blubaugh |Thomas O’Donnell |Martha Payne |Brian Cullen
On February 18, 2025, the Federal Motor Carrier Safety Administration (“FMCSA”) granted a request to reopen the comment period for its Broker Transparency Notice of Proposed Rulemaking (“NPRM”) originally published at 89 FR 91648.
-
Jan 13, 2025 | 
beneschlaw.com | Jonathan Todd
Adoption of AI Technology in Operations There are many anecdotal stories of deploying artificial intelligence. Some operations have found that AI can perform certain administrative fast quickly, effectively, and with very low error rates. AI platforms on the market today can review and summarize new service requests, shipping documents, and prepare communications with vendors and customers.
-
Jan 13, 2025 | 
beneschlaw.com | Jonathan Todd
Rules of the road do exist for freight payment and collection. This article summarizes common statutory rules. 18 Month Rule – Carriers may pursue collection of undercharged amounts within 18 months after the claim accrues. Likewise, those owing carriers may purse recovery of overcharges within 18 months after the claim accrues. The rule is found at 49 USC § 14705. Many transportation agreements will include this principle.
-
Dec 4, 2024 | 
beneschlaw.com | Jonathan Todd |Christopher C. Razek
The change in international law is due to an increase under the Montreal Convention 1999 (“Montreal Convention”), formerly known as the Convention for the Unification of Certain Rules for International Carriage by Air, which applies to traffic with signatory nations. The change was recently announced by the International Civil Aviation Organization (“ICAO”), a United Nations agency that leads international alignment of technical standards and strategies for international air shipments.
-
Dec 3, 2024 | 
beneschlaw.com | Jonathan Todd
-
Nov 26, 2024 | 
beneschlaw.com | Jonathan Todd
This article provides a high-level summary of the balance between federal and state jurisdiction with frequently occurring examples of what that means for regulatory agencies governing operations, their jurisdiction, and key programs requiring regulatory compliance. Federal and State Jurisdiction – The “Commerce Clause” in the US Constitution grants our federal government jurisdiction over traffic routed between the states or between a state and a foreign country.
-
Nov 21, 2024 | 
beneschlaw.com | Jonathan Todd |Brian Cullen |Martha Payne
Proposed Regulatory Changes The proposed rule would amend the “Records to be kept by brokers” regulation located at 49 CFR 371.3 with four key changes: Electronic Recordkeeping. Brokers would be required to keep their transaction records for each shipment in an electronic format in order to facilitate more efficient access of the broker’s records by others. Broker Must Keep Detailed Transaction Records.
-
Nov 4, 2024 | 
beneschlaw.com | Jonathan Todd
The true meaning of force majeure sometimes goes missing in those stressful circumstances. Force majeure is essentially a defense to performing as a service provider otherwise committed to do. This means that it saves the service provider from claims of contract breach and resulting damages. It does not, however, mean that failure to perform may continue indefinitely or that it is excused for mere business inconvenience or increased cost.
-
Nov 4, 2024 | 
beneschlaw.com | Jonathan Todd
The precise requirements for the fields of a BOL and its language are less straight-forward. Key differences exist for the requirements of BOL issued on general commodities movements, household goods movements, hazardous materials movements, and where use of the Uniform Straight Bill of Lading is required. Motor Carriage of General Commodities – The regulatory requirements for a BOL issued on tender of general commodities are found at 49 CFR § 373.101.
-
Oct 29, 2024 | 
beneschlaw.com | Jonathan Todd
The Wabash case is expected to be appealed. Regardless of how liability ultimately lands when the dust settles, this is a cautionary tale with implications far beyond product defect cases. Transportation is a relationship business with many moving parts, literally and figuratively. All companies involved the business of our ubiquitous 53′ trailers can take this moment to reflect on the best ways to protect our companies and the motoring public.
