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Category Archives: Transportation Industry News

FMCSA Survey Finds No Increase in Driver Harassment When Using ELD (Electronic Logging Device)

A 2011 court ruling which questioned the possibility of increased driver harassment under the forthcoming Electronic Logging Device (ELD) mandate expected in 2015 was the impetus for a recently completed FMCSA (Federal Motor Carrier Safety Administration) survey. The ELD mandate will require most drivers to replace paper logs with electro

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What Has Changed? A look at one Year After Map-21 Increased The BMC-84/85 to $75,000.

It has been a little over a year since MAP-21 increased the required Freight Broker bond from a $10,000 to a $75,000 BMC 84/85 broker bond/Trust. Although, when MAP-21 was implemented, there were many naysayers, it seems the change seems to have helped the industry. Better Brokers One of the intended effects of MAP-21 was to push out th

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How Does an Exoneration Clause in a Through Bill of Lading Affect Liabilities of a NVOCC (Non Vessel Owned Common Carrier) & Other Intermediaries

When an ocean carrier issues a through bill of lading for transport terminating inland in the United States, the terms of the bill of lading govern the liabilities of all parties to the transaction. This includes the rail or motor carriers performing the inland transportation. The case of Sompo Japan Insurance Company of America versus

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Transportation Intermediaries Association Questions Proposed Food Safety Modernization Act (FSMA) Sanitary Transportation Rule

The Food Safety Modernization Act signed into law in 2011 includes provisions that will allow implementation of the 2005 Sanitary Food Transportation Act. On February 5, 2014, the FDA published the proposed requirements for the final transport regulations due March 31, 2016. Since the proposed rule would apply to shippers, receivers and ca

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Map 21 Pension Provisions Extended by HATFA

Recently, President Obama signed into law the Highway and Transportation Funding Act (HATFA) of 2014. Littler reports that among other things, the law extends the pension provisions that were developed by the 2012 Moving Ahead for Progress for the 21st Century (Map 21). Here are the details of the MAP 21 Pension Provisions Extended by HAFT

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Third Party Logistics Companies (3PLs), Motor Carriers and Brokerages Suffer in Labor Shortage

According to a recent article from HDT Trucking Info, the U.S. trucking industry isn’t alone in the suffering brought about by the labor shortage. Brokerages and third party logistics companies are also impacted. At an industry conference, the CEO of Transportation Intermediaries Association (TIA), Robert Voltmann, stated that the

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Delays Expected from FMCSA (Federal Motor Carrier Safety Administration) On New Rule Making

An article from Go By Truck Global News stated that delays are likely on any rule making from the FMCSA (Federal Motor Carrier Safety Administration), particularly regarding anything controversial. Annette Sandberg, a former FMCSA administrator, said that the departure of the head of the administration and the naming of an acting adminis

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A Projected Increase in Holiday Inbound Freight Is Expected To Have a Positive Impact for Transportation Companies & Intermediaries

According to a recent article from Bloomberg entitled “Your Presents On Way Offer Holiday Sales Clues: EcoPulse,” a projected uptick in inbound container volume is projected for the holiday season. Though inbound freight container volume at California’s Los Angeles and Long Beach ports was down .7 percent in July when compare

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Carmack Amendment Argument Doesn’t Hold up in Stolen Load Case & Reinforces Need for Excess Cargo Insurance

If high-value cargo is stolen, is the interstate carrier’s liability limited to only the value of the cargo that is listed on the bill of lading? That’s what the Carmack Amendment claims. However, according to a case recently decided in Ohio, the language in the Master Transportation Services Agreement between the broker and t

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Weighing The Options, BMC-84 vs BMC-85

In October of 2013, the FMCSA raised the financial security requirement for freight brokers from $10,000 to $75,000. The two options available to meet the financial security requirement are, to purchase a security bond, BMC-84 or obtain a trust fund agreement, BMC-85. Either BMC-84 or BMC-85 guarantees payments to shippers or carriers shoul

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