By Clara L. Rademacher and Ryan McCoy

Seyfarth SynopsisOn December 26, 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) announced they would be accepting comments from the public in response to multiple petitions requesting waivers from the agency’s determinations preempting California and Washington’s meal and rest break rules. This includes the opportunity to respond to the California Attorney

Continue Reading FMCSA To Accept Public Comments In Response To Petitions Seeking Waiver Of Meal And Rest Period Preemption Determination On Behalf Of California And Washington Drivers

By Clara L. Rademacher and Ryan McCoy

Seyfarth Synopsis: In August, the Federal Motor Carrier Safety Administration (“FMCSA”) announced that it would start accepting petitions for waivers from the recent decisions preempting California and Washington’s meal and rest break rules. While the FMCSA has not yet publicized the petitions that it received by the November 13, 2023 deadline, the California

Continue Reading California Attorney General Steps In To Petition FMCSA For Waiver Of Meal And Rest Period Preemption Determination On Behalf Of State’s Drivers

By Adam R. YoungBradley D. Doucette, Bailey G. Green, and Craig B. Simonsen

Seyfarth Synopsis: According to the Centers for Disease Control and Prevention (CDC), drowsy driving is not just a major problem in the United States, it is a public health crisis. “Drowsy driving is the dangerous combination of driving and sleepiness or fatigue.
Continue Reading Enter Sandman: Sleep and Occupational Safety at the Wheel

By Brent I. ClarkJames L. CurtisAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis:  The Federal Motor Carrier Safety Administration (FMCSA) recently rolled out Our Roads, Our Safety, a national safety campaign to raise awareness about sharing the road safely with large trucks and buses. 

The Agency noted that “trucks and buses are
Continue Reading U.S. DOT FMCSA Update on Distracted Driving

By Benjamin D. Briggs, Brent I. ClarkIlana R. Morady and Craig B. Simonsen

Seyfarth Synopsis: The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) published this week a notice of proposed rulemaking (NPRM) on changes to “hours of service” (HOS) rules to “increase safety on America’s roadways.”  84 FR 44190 (Aug. 22, 2019).  The
Continue Reading DOT Publishes Proposed Changes to Hours of Service Regulations for Commercial Motor Vehicle Drivers

By Brent I. ClarkJames L. CurtisAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: Last month at the 2018 National Safety Council (NSC) Congress the speakers noted that “safety programs shouldn’t end when employees walk out the door and get into a vehicle to drive.”  The session was presented by Karen Puckett, the Director
Continue Reading National Safety Council Congress Session on Driving Safety – The Missing Link in Your Company Safety and Health Management Systems

By Brent I. Clark, Erin Dougherty Foley, and Craig B. Simonsen

Seyfarth Synopsis: DOT has withdrawn its rulemaking on safety sensitive positions in highway and rail transportation.

This week the U.S. Department of Transportation has withdrawn its March 10, 2016 Advance Notice of Proposed Rulemaking (ANPR) on the Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep
Continue Reading DOT Backs Away From Rulemaking on “Safety Sensitive Positions” in Highway and Rail Transportation

By Brent I. Clark, Kay R. Bonza, and Craig B. Simonsen

Seyfarth Synopsis: Recently decided court case finds that motor vehicle carriers may lawfully require overweight drivers to submit to a medical examination testing for obstructive sleep apnea.

We had previously blogged about the U.S. Department of Transportation’s Advance Notice of Proposed Rulemaking on the “Evaluation of
Continue Reading Asleep at the Wheel: Trucking Company’s Sleep Apnea Policy and Procedures Reviewed by Federal Courts

By Erin Dougherty Foley, Brent I. Clark, Ilana R. Morady and Craig B. Simonsen

The U.S. Department of Transportation has published an Advance Notice of Proposed Rulemaking (ANPR) on the Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea, 47 Fed. Reg. 12642 (March 10, 2016).

The ANPR is directed at individuals occupying “safety sensitive positions” in
Continue Reading DOT Proposes Rulemaking on “Safety Sensitive Positions” in Highway and Rail Transportation