Estes v. Whatman Hardwoods - Illustration of the Importance of Tariff Terms

Transportation Lawyers Association

Case Note

February 2020

Jeffrey Cox[1]

             Estes Express Lines v. Whatman Hardwoods, 2019 WL 2273847 / 2019 U.S. Dist. LEXIS 89332 (E.D. Va. 2019)

             This case is significant because it reaffirms the principle that a shipper has notice of a carrier’s tariff or terms and conditions through the execution of a bill of lading.

             Estes Express Lines (“Estes”) is a motor carrier based in Richmond, Virginia that specializes in the interstate transport of less than truckload freight. Whatman Hardwoods (“Whatman”) is an Ohio corporation that is engaged in the business of manufacturing various household furnishings using reclaimed wood.

Amazon Exposés Illustrate Foresight Of Attorney's 2018 Paper On New E-Commerce Delivery "Paradigm"

 Amazon Exposés Illustrate Foresight Of Attorney's 2018 Paper On New E-Commerce Delivery "Paradigm" - FreightWaves , FreightWaves.com
https://www.benzinga.com/news/19/09/14394326/amazon-expos-s-illustrate-foresight-of-attorneys-2018-paper-on-new-e-commerce-delivery-paradigm

January Events

January 22, 2016
Hank Seaton and Bill Bierman
Speakers - Transportation Contracts Panel
Transportation Lawyers Association 27th Chicago Seminar
More info: http://www.translaw.org/Documents/Chicago/FORM%20Chicago%20Registration-from%20Oct%20TTL.pdf

January 29-31, 2016

TEANA’s 1^st Annual Winter Networking Weekend

The Westin Key West Resort & Marina

http://www.teana.org/event-information

Learn to avoid legal issues at Logistics Workshop | Furniture Today

Learn to avoid legal issues at Logistics Workshop | Furniture Today



Henry Seaton will present at the workshop, themed “Building Tomorrow’s Supply Chain Today”



“You Can’t Get There from Here: Trucking, Shipping & the Law" by Henry Seaton

June 2-3, 2015

Hilton University Place

Charlotte, N.C.

TLP&SA Newsletter & Conference April 19-21, 2015

It's not too late to register! Please see below for the agenda, newsletter and registration form.

Transportation Loss Prevention & Security Association

April 19-21 ,2015

Chicago Illinois

 

TLP&SA Newsletter April 2015 

TLP&SA Registration Form

TLP&SA AGENDA

1099’s Not Required For O-O’s

The Internal Revenue Service’s Office of Chief Counsel has issued a memorandum confirming that a motor carrier need not issue a form 1099 to report payments to an owner-operator under lease to the carrier, provided that the payments represent amounts earned for hauling freight.

Comments Submitted in response to the FMCSA's Advance Notice of Proposed Rulemaking

On Thursday, February 26, 2015, our office on behalf of five trade associations (NASTC, AEMCA, AHAA, TEANA and TMCA) submitted these Comments in response to the FMCSA's Advance Notice of Proposed Rulemaking entitled, "Financial Responsibility for Motor Carriers, Freight Forwarders and Brokers."

REGULATORY UPDATE March 1, 2015

REGULATORY UPDATE

March 1, 2015

Further Delays

1.         E-Log.  The FMCSA has pushed back the date for a final rule which will require all drivers who currently must prepare RODS to use electronic devices.  The new date for a final rule is November 9, but whenever it is issued, the rule will not take effect for 2 years.

Year End Regulatory Summary

Re:  Year End Regulatory Summary

2015 should be an active year for federal legislation and regulations. 

A highway funding bill is a top legislative priority and with the legislative gridlock of the past two years broken by the Fall election, hopefully a permanent funding bill will be produced.  As always, expect the bill to be used as a vehicle for addressing any number of regulatory concerns of which there are many.

CVSA's Legislative update of FY 2015 FMCSA Appropiations Funding

See below for CVSA's legislative update.

Source: http://cvsa.org/news/2014_legislative.php

FY 2015 Appropriations Update

Yesterday, the House and Senate released the negotiated 2015 spending bill package. The measure funds transportation and most other government spending through the end of the fiscal year (September 30, 2015). However, the Department of Homeland Security is funded for a shorter amount of time, through February of 2015. Funding for FY 2015 is essentially frozen at FY 2014 levels. The bill also contains a number of policy changes, including the provision suspending enforcement of a portion of the hours of service regulations while a study is conducted. A full summary of the relevant provisions can be found below. The House and Senate are both expected to pass the bill this week.

Comments Requested on Increase In Liability Insurance Minimum

Last month the FMCSA seemed ready to release an NPRM to raise the current amount of liability insurance carriers are required to maintain.

The current regulatory minimum for commercial motor vehicles carrying property is $750,000 per occurrence although most carriers maintain $1,000,000 in coverage. Although the minimum has not been changed in decades and the cost of catastrophic loss has escalated, determining a new amount requires a cost benefit analysis including an examination of the effect of resulting increased premiums on small carriers (ATA and OOIDA contend that just 1%  of all truck related crashes exceed the current minimum).

CVSA asks FMCSA to pull CSA scores from public view - CCJ

Even CVSA, which includes the State Enforcement Officials now agrees SMS is not fit to publish.  See http://www.ccjdigital.com/cvsa-asks-fmcsa-to-pull-csa-scores-from-public-view/?utm_source=daily&utm_medium=email&utm_content=11-24-2014&utm_campaign=CCJ&ust_id=34d52e4283&

Rates & Lanes with Rico Muhammad with Special Guest, Henry Seaton

11/20/14 - 7PM EST - Tune in! Call in to speak with the host (347) 677-1799

http://www.blogtalkradio.com/rates/2014/11/20/rates-and-lanes-with-rico-muhammad-and-special-guest-henry-seaton

Electronic Filing Required For Heavy Vehicle Use Tax Return When Reporting More Than 25 Vehicles

11/10/2014 - UPDATE
In a final regulation published two days after the effective date of the regulation we reported on below, the Internal Revenue Service has rescinded the requirement that anyone paying the federal heavy vehicle use tax for more than 24 vehicles must file and pay electronically.  That rule has been in place since 2011.

IRS stated in the introduction to the amended regulation that the change was made to reduce the burden on small businesses.  In the future, IRS will accept paper filings of the HVUT Form 2290 for fleets of any size.

We are sorry for any confusion!  Please call with any questions you may have.

-----
10/31/2014
Final regulations have been issued by the Department of the Treasury's Internal Revenue Service requiring the electronic filing of Form 2290, Heavy Highway Vehicle Use Tax Return.  Those regulations in part provide that effective October 29, submission of a paper Form 2290 for 25 or more vehicles constitutes a failure to file for purpose of the Section 6651 penalty.  The tax form for fewer than 25 vehicles may still be filed by paper, but the IRS is moving toward electronic submission of all returns.

Bob Rothstein
 

New Washington D.C. Commercial Vehicle Loading Permits

For any motor carriers that regularly make deliveries or will be delivering goods in Washington, D.C. please note that Washington's new curbside loading zone program starts on January 1, 2015. This program requires commercial vehicles to obtain an annual or daily permit to park in a curbside loading zone.

Carriers can begin acquiring permits on November 3, 2014.  

Daily permits can be purchased online and are $25.00 per vehicle per day.

Annual permits are $323 per vehicle and a $50.00 annual fee for the company

The permit allows the vehicle to park for 2 hours in a loading zone.  The permit must be displayed on the vehicle's windshield.

As anyone knows who spends or has spent time in Washington D.C. they are very aggressive on parking enforcement. Make arrangements to be in compliance or you can expect parking fines.

Sincerely,
Jeffrey Cox, Esq.
703-573-0700

No Good Deed Goes Unpunished" and Response to Article

Please see "No Good Deed Goes Unpunished" article and a follow up "Letter to Editor in Response."

Fall 2014 Safety Update

Fall 2014 Safety Update

            1.         Safety Fitness Determination.  The FMCSA has scheduled for release in the next several months its safety fitness determination rulemaking.  Release of this water shed rulemaking has been delayed numerous times over the past 4 years and release cannot be predicted.  The Agency has said that the ultimate safety fitness determination will be based upon objective criteria, not the grade on the curve SMS percentile basis.  Yet, to the extent the safety fitness determination is based upon flawed SMS data and ratings are assigned without due process or audit, the systemic flaws (inadequate data, inaccurate data, enforcement anomalies, the law of large numbers, etc.) will remain.  The industry must be prepared to analyze and comment on any new rule, particularly if carriers are branded as "marginal" without due process and the negligent selection threat is not addressed.

FMCSA AND “DUE PROCESS”

FMCSA AND “DUE PROCESS”

            The Fourteenth Amendment to the United States Constitution guarantees that no persons property shall be taken without due process of law. 5 U.S.C. §702 et seq (The Administrative Procedures Act) states that: “A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof.”

ASECTT v. FMCSA - Win, Lose or Draw?

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

Henry E. Seaton
(click for printable version)

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.

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.