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News and Events

FMCSA Grants Two Hours of Service Exemptions for Asphalt Haulers

On January 26th, following a request from the National Asphalt Pavement Association (NAPA), the Federal Motor Carrier Safety Administration (FMCSA) published two exemptions to hours of service requirements (HOS) in order to accommodate those carriers engaged in the transportation of asphalt. The first exemption will enable drivers engaged in the transportation of asphalt and related […]

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Virginia Says “Bad Intent” Required for Spoliation of Evidence

The Supreme Court of Virginia recently decided an important case concerning spoliation of evidence and issues of jury instructions and liability at trial. First, you may ask “what is spoliation of evidence?”  You may also ask—“why do I care?” Spoliation of evidence occurs when a party is aware that there is pending or probable litigation […]

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Staying alive?: A Potential Shift in the Virginia Workers’ Compensation Commission’s Treatment of the 24 Month Limitation and Single-day Claims for Benefits for Medical Appointments?

Va. Code Ann. § 65.2-708 generally bars an injured worker from seeking compensation benefits, that is, lost wages, if a claim is not filed within 24 months of the date where compensation was last paid pursuant to an order under the Va. Workers’ Compensation Act (permanent loss and extraordinary equitable circumstances exempted). While this bar […]

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Important Information About Document Retention Policies

In most workplaces, the days of corridors filled with filing cabinets filled with folders filled with documents are gone, replaced by a noisy, overheating room filled with servers loosely connected to obscure, arcane backup options.  In the days of paper, physical space was at a premium, now drive space and bandwidth pose similar limitations on […]

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VTA Educational Meetings: Step-by-Step Process For Protecting Your Company Following A Serious Accident

The Virginia Trucking Association and the Safety & Human Resources Council will be hosting educational meetings in east and west locations. The topic for January is: “It’s 3:00 am—and your driver has been in a serious accident.  What steps should you take to protect your company—and why.” Accident Investigations – Steve Setliff from Setliff & […]

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FMCSA Releases Proposed Guidance on Personal Conveyance

In our Winter Trucking Newsletter sent in December, we published an article entitled “ELDs & Personal Conveyance: Further FMCSA Guidance is Coming.” The guidance is now here! FMCSA Releases Proposed Guidance on Personal Conveyance FMCSA recently released proposed guidance to replace the current interpretation listed in Question 26 under section 49 C.F.R. 395.8. Regarding when […]

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Brokerage of Freight: Is Your Company Safe?

In the field of trucking and freight many issues are raised by brokerage, and especially sub-brokerage, of freight. For the uninitiated, a “broker of freight” or “freight brokerage” is an entity that serves as a middleman between one entity that has freight to ship, and another entity that engages in the act of shipping freight. […]

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Important News from the Virginia Workers’ Compensation Commission

A number of recent changes have occurred and continue to occur with the Virginia Workers’ Compensation Commission (“VWC”). There has been a recent push to expand Alternative Dispute Resolution (“ADR”) and in August the Commission relocated and expanded the Virginia Beach Regional office at 281 Independence Boulevard, Suite 310, Virginia Beach, Virginia. In November the […]

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Dealing with an OSHA Citation

While companies should always be prepared for an unannounced inspection from OSHA, appropriately dealing with citations, once issued, can be time consuming and expensive if not promptly and suitably addressed. If handled incorrectly, a relatively minor OSHA citation could jeopardize the future of a company due to the potentially excessive fines and penalties. An OSHA […]

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EPA Issues Proposed Rule to Repeal Regulation of Glider Kits

On November 9, 2017, the Environmental Protection Agency (“EPA”) issued a proposed rule to repeal the Obama administration’s Medium- and Heavy-Duty Truck Phase 2 Greenhouse Gas Emission and Fuel Efficiency Standards for glider vehicles, glider engines, and glider kits. The GHG Phase 2 rule was slated to go into effect on January 1, 2018. The […]

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