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|National Transportation Safety Board Provides Tractor Trailer Safety Recommendations to the National Highway Traffic Safety Administration|
Brian Del Gatto, Michael Lettiero; Wilson Elser Moskowitz Edelman & Dicker LLP;
May 16, 2014, previously published on May 14, 2014On April 3, 2014, the National Transportation Safety Board (NTSB) provided seven safety recommendations to the National Highway Traffic Safety Administration (NHTSA) addressing tractor trailer safety. The recommendations comprise four general topics:
|Ohio: Supreme Court Holds Local Income Tax Preempted for “Motor Transportation Companies”|
McDonald Hopkins LLC;
May 13, 2014, previously published on May 1, 2014The Ohio Supreme Court has recently held that the Village of Seville’s (the Village's) income tax on net profits was preempted by a state law when such local income tax was applied to “motor transportation companies.” (Panther II Transp., Inc. v. Seville Bd. of Income Tax Rev.).
|A Peek at the NHTSA Provisions in the DOT's Transportation Bill|
Christopher H. Grigorian; Foley & Lardner LLP;
May 12, 2014, previously published on May 5, 2014Last week, the U.S. Department of Transportation (DOT) unveiled its long-term transportation bill, entitled the Grow America Act, which it is sending to Congress for consideration. Among other things, the bill contains several provisions that enhance the National Highway Traffic Safety...
|Off With Your Head(quarters)? Oklahoma's Headquarters Deduction Survives Constitutional Challenge|
Timothy A. Gustafson, Kathryn E. Pittman; Sutherland Asbill & Brennan LLP;
May 5, 2014, previously published on April 29, 2014The Oklahoma Supreme Court held Oklahoma’s deduction for capital gains arising from the sale of a company headquartered in the state for three or more years does not violate the dormant commerce clause of the U.S. Constitution. The taxpayer, a California company with its headquarters in...
|OSHA Comments on Distracted Driving Initiative|
John D. Surma; Adams and Reese LLP;
April 29, 2014, previously published on April 21, 2014In OSHA’s April 15, 2014, issue of “Quick Takes,” its bi-monthly newsletter, the agency commented on the US Department of Transportation’s national campaign to stop texting while driving and other forms of distracted driving. OSHA took the opportunity to remind employers of...
|Utilities Feel Effects of Rail Disruptions|
Sutherland Asbill Brennan LLP;
April 17, 2014, previously published on April 14, 2014On April 10, representatives for companies that rely on rail shipments appeared at a Surface Transportation Board (STB) hearing to highlight the problems that recent rail shipment disruptions have caused in their industries and to ask STB to take steps to reduce these disruptions.
|Industry Canada Introduces Online Search Tool for Railcar Security|
Jennifer Wasylyk; Cassels Brock & Blackwell LLP;
March 20, 2014, previously published on March 18, 2014In 2013, we provided an overview of the process for registering security interests over railcars or rolling stock in Canada and outlined several considerations to be mindful of when taking railcar security in Canada. Industry Canada has recently launched a new online search tool for railway...
|High Court Blows the Whistle on Private Employers|
Joel Matthew Bagby, Kevin Koronka; Husch Blackwell LLP;
March 12, 2014, previously published on March 10, 2014The U.S. Supreme Court extended the whistle-blower protections provided in the Sarbanes-Oxley Act to include employees of privately held companies that are contractors or subcontractors of a public company. The high court’s ruling in Lawson v. FMR LLC, marks a significant expansion of the...
|DOT Revises the Standard Industry Fare Level for First Six Months of 2014|
Husch Blackwell LLP;
March 11, 2014, previously published on March 6, 2014The U.S. Department of Transportation recently revised the Standard Industry Fare Level (SIFL) rates that are used to value an employee's personal use of a company aircraft, as required by the Internal Revenue Code Section 61 and the Federal Tax Regulations Section 1.61-21(g). The Department...
|Fourth Circuit’s Decision in Cargo Loss Case Should Be Wake-Up Call for Motor Carriers as to Limitation of Liability|
Jim Bryan; Nexsen Pruet, LLC;
March 11, 2014, previously published on February 27, 2014Motor carriers attempting to limit their liability for shipments of cargo should take note of a recent Fourth Circuit decision, ABB Inc.v. CSX Transportation, Inc., 721 F.3d 135 (4th Cir. 2013), that found in favor of a shipper because of an incomplete bill of lading. Motor carriers and shippers...