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Jeremy W. RichterJeremy W. Richter
Jeremy W. RichterJeremy W. Richter
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federal motor carrier safety administration

Strategies for Preserving Evidence after an Accident: Motor Carrier Records

Strategies for Preserving Evidence after an Accident: Motor Carrier Records

May 25, 2017

This series will address the various types of documents, electronic, human, and physical evidence that can and often will exist after a motor vehicle accident (including accidents involving commercial motor vehicles) and what should be done to preserve the evidence for future litigation. Part 1 was an introduction to the subject and looked at preservation letters. Part 2 considered preserving physical and witness statements. This post, Part 3, will review all the many motor carrier records that must be maintained. Part 4 discusses the various types of electronic data that may be available for retention after an accident. Motor Carrier Records Motor...

Can You Fire a Commercial Driver for Alcoholism?

Can You Fire a Commercial Driver for Alcoholism?

Feb 23, 2017

Jarvela v. Crete Carrier Corp.: A motor carrier does not violate the Americans with Disabilities Act by terminating the employment of a commercial driver who has been diagnosed with alcoholism, because under 49 C.F.R. § 391.41, a commercial driver with a current diagnosis of alcoholism is not physically qualified to operate a commercial vehicle. Just the Facts Sakari Jarvela sued his former employer Crete Carrier Corporation alleging that it had violated the Americans with Disabilities Act and Family Medical Leave Act. Pursuant to its policies, Crete terminated the employment of Jarvela (a commercial truck driver) due to his having been diagnosed...

Common FMCSA Compliance Problems: Medical Examiner’s Certificates & Reports

Common FMCSA Compliance Problems: Medical Examiner’s Certificates & Reports

Jan 5, 2017

The FMCSA requires commercial drivers to be physically qualified to operate a commercial vehicle, a regulation with which motor carriers and drivers commonly struggle to comply.

Common FMCSA Compliance Problems: Hours of Service

Common FMCSA Compliance Problems: Hours of Service

Dec 29, 2016

The FMCSA requires commercial drivers and motor carriers to comply with hours of service regulations that control how long and how often a driver can operate a commercial vehicle.

FMCSA’s Mission, and the Purposes of SAFER, CSA, and SMS

FMCSA’s Mission, and the Purposes of SAFER, CSA, and SMS

Dec 19, 2016

The FMCSA operates to makes the roadways safer (with regulations and programs like CSA) and makes safety information about motor carriers available to the public via various websites like SAFER and SMS.

A Motor Carrier Doesn’t Violate the ADA by Classifying Drivers for Sleep Apnea Testing

A Motor Carrier Doesn’t Violate the ADA by Classifying Drivers for Sleep Apnea Testing

Dec 12, 2016

Robert J. Parker v. Crete Carrier Corp.: The 8th Circuit Court of Appeals has held that a motor carrier does not violate the Americans with Disabilities Act by establishing of class for commercial drivers to undergo medical examination, inclusive of a sleep study, for determining whether a driver suffers from obstructive sleep apnea. Crete Carrier Corporation requires its drivers who have body mass indexes (BMIs) of 35 or greater to undergo medical examinations to determine whether the drivers suffer from obstructive sleep apnea. Pursuant to that policy, Crete instructed its driver Robert Parker to get such a medical examination, and...

How Pre-Employment Screening Program Effects DOT-Required Background Checks

How Pre-Employment Screening Program Effects DOT-Required Background Checks

Nov 3, 2016

The Federal Motor Carrier Safety Administration requires motor carriers to perform background checks for new drivers. Separately, drivers and motor carriers can participate in a voluntary Pre-Employment Screening program.

[Appearance] “The Admissibility of Post-Accident Drug and Alcohol Screens

Nov 1, 2016

An article addressing the admissibility and use as evidence of the results of DOT-required post-accident drug and alcohol testing for commercial drivers.

Considering the Scaly Side of “Beyond Compliance”

Sep 23, 2016

Addressing trucking industry concerns regarding a proposed eighth BASIC category, “Beyond Compliance,” to the FMCSA’s CSA program.

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