Thursday, July 3, 2014

ASECTT v. FMCSA - Win, Lose or Draw?

ASECTT v. FMCSA – A Win, Lose or Draw?
Henry E. Seaton

On June 17, 2014 The D.C. Court of Appeals issued its decision in ASECTT v. FMCSA.  At issue was whether the FMCSA's guidance issued in May of 2012 amounted to a new rule directing shippers and brokers to use SMS methodology in credentialing carriers.  Petitioners' arguments were supported by Declarations showing that SMS methodology does not accurately measure carrier safety performance and that the guidance amounted to a new rule requiring shippers and brokers to use SMS methodology to bar from use thousands of carriers which the Agency itself has found are fit to operate on the nation's roadways.

Monday, June 2, 2014

New Requirements for Medical Examinations

If you or one of your drivers need a new medical examination for a CDL, the doctor who performed your last medical exam might not be qualified to perform a new one.  New rules adopted by the Federal Motor Carrier Safety Administration provide that DOT physical examinations must be performed by a qualified health professional (generally a medical doctor, chiropractor, osteopath, nurse practitioner, or a physician's assistant.)  The important point is that a qualified health professional is an individual who has taken the required training, passed a certification test, and is certified by the FMCSA.

Wednesday, May 21, 2014

S & H Talks To NASCAR

Bob Rothstein recently spoke at a safety seminar, sponsored by the North Carolina Motorsports Association and the American Society of Safety Engineers, and held at Joe Gibbs Racing in Huntersville, NC.  The subject of his presentation was fleet safety compliance for NASCAR teams.  All NASCAR teams have tractor-trailers that transport racecars around the country for races, racecar and tire testing, and sponsor commitments.  While teams may be focused on winning races, they also have a trucking operation to manage. 

Bob's presentation highlighted many facets of the Federal Motor Carrier Safety Regulations, including driver qualification and hours-of service compliance, two areas on which the entire trucking industry is also very focused.  About 30 race directors, general and team managers, and human resources professionals attended the presentation.  Afterwards, Bob passed up the opportunity to buy a used race tire that came off Matt Kenseth's racecar.       

Wednesday, May 7, 2014

Henry Seaton, Speaker -- Seminar: The Essential Guide to Understanding the Function, Practicalities and Complexities of a Bill of Lading

Wednesday, May 14, 2014
LCC, De La Garza Bldg., ITIA Room 101 Laredo, Texas 78041
8:30AM – 12:30AM

The Laredo Licensed U.S. Customs Brokers Association invites you to its 2014 International Trade & Customs Seminar Series

Speaker:  Henry E Seaton, Esq. Partner, the Law Offices of Seaton & Husk, LP

Seating is limited so please pre-register

Tuesday, May 6, 2014

Tuesday, April 29, 2014

TLA Annual Conference, Friday May 2, 2014 - Freight Charges 201, Moderator: John Husk

9-10AM:  Freight Charges 201: Beyond the ABCs of Collection Rights and Remedies (a/k/a This is Not Your Father's Oldsmobile)
An advanced course on freight charge claims, spanning alternative methods of collecting charges, defenses to claims asserted by collection companies against your clients, their trade partners and their customers, considerations north of the border and the latest developments in the field.

Moderator: John T. Husk

For More Information and Registration