Vondran Legal® - Trucking Law - Arizona and California - Dispute Resolution involving trucks, transportation, repairs, and driver issues. Call us at (877) 276-5084.
Introduction
The Crucial Role of a Truck Lawyer in Safeguarding Your Trucking and Transportation Business. Vondran Legal® has been in the legal trenches for 20 years now. We have fought some of the biggest companies in the United States and wrestled with some of the most complex legal issues that can arise. In that time, we have earned a great reputation as a general dispute resolution firm. We help you settle your disputes in the quickest possible amount of time, and at the lowest possible price.
Running a trucking and transportation company comes with a multitude of responsibilities, challenges, and legal complexities. From ensuring compliance with complex regulations to addressing accidents and insurance claims, the trucking industry demands a keen understanding of the law. This is where the expertise of a professional truck lawyer becomes invaluable, as they play a crucial role in safeguarding your business and protecting your interests. In this blog, we will explore the importance of having a truck lawyer handle legal cases for your trucking and transportation company.
1. Navigating Complex Regulations:
The trucking industry is governed by a labyrinth of complex laws, rules, and regulations at both the state and federal levels. Failing to comply with these regulations can lead to serious legal repercussions that could harm your business. A knowledgeable truck lawyer possesses a deep understanding of these regulations, allowing them to guide you through compliance requirements, licenses, permits, and safety regulations. By working closely with a truck lawyer, you can ensure that your operations avoid legal pitfalls and maintain a strong regulatory standing.
2. Accident Liability and Insurance Claims:
Sadly, accidents can and do happen in the trucking industry, and when they do, the consequences can be devastating. A truck lawyer provides crucial assistance in accident liability cases, enabling you to navigate the complexities of insurance claims, personal injury lawsuits, and property damage disputes. With their expertise, they can help determine liability, protect your company's reputation, and secure fair settlements, should the need arise. By having a truck lawyer handle these cases, you can focus on the successful management of your company while ensuring your legal position is strongly represented.
3. Contract Negotiations and Disputes:
Trucking and transportation companies frequently engage in negotiations and contractual agreements with various stakeholders, such as clients, suppliers, and employees. Having a truck lawyer on your side ensures that your interests are protected in these agreements. They can help draft, review, and negotiate contracts, ensuring that they are fair, legally enforceable, and beneficial to your business. In case of contract disputes, a skilled truck lawyer can represent your company's interests, potentially avoiding costly litigation and helping to resolve conflicts efficiently.
4. Regulatory Compliance Audits:
Government agencies, such as the Federal Motor Carrier Safety Administration (FMCSA), conduct regulatory compliance audits to ensure the adherence of trucking companies to safety regulations. Partnering with a truck lawyer familiar with these audits ensures that your company remains prepared and compliant, minimizing the risk of penalties and fines. A truck lawyer can help you plan and organize your records, policies, and procedures to demonstrate your commitment to safety and regulatory compliance during these audits.
5. Representation in Litigation:
Unfortunately, even with the most proactive measures in place, trucking companies may still face legal battles. Whether it's a personal injury claim, labor dispute, property damage lawsuit, or regulatory violation, having a skilled truck lawyer by your side can make a significant difference in the outcome. A truck lawyer possesses the necessary experience, knowledge, and resources to effectively handle litigation on your behalf, protecting your business's financial well-being and reputation. Their expertise in the field ensures you have a strong advocate fighting for your best interests.
Recent cases
- Represented a West Coast lumber trucking company in a commission and contract dispute
- Prevailed in the defense of a northern California jet fuel trucking and distrubution over false allegations of trade secret theft
- We have handled a large number of cases for one of the leading truck repair companies over claims of faulty repair
Vondran Legal® - Truck Law Legal Services
Vondran Legal® has represented many truck and transportation companies in a wide variety of legal services
- Trade secret disputes with ex-employees
- Non-compete agreements
- Non-solicitation agreements
- Repair disputes (allegations of fraud and negligence)
- Truck crash and injury
- Drivetime disputes
- Commercial trucking litigation
- Truck driver log issues
- Post-accident drug and alcohol testing
- Weight limit disputes
- Contractual legal issues
- Commercial driver's license issues
- Hazardous materials and federal testing requirements
- Disputes involving sales and leasing of trucks and equipment
- Employment and labor disputes
- Breach of contract
Contact us if you are dealing with a legal issue on this list or another issue.
Arizona Laws
ARS 28-1100. Vehicles and loads; gross weight restrictions; exceptions
A. Except as provided in subsection H of this section or section 28-1099, a person may operate a vehicle on all highways, including a toll facility as defined in section 28-7751, subject to the following maximum gross weights:
1. Twenty thousand pounds, including enforcement tolerances, on any one axle.
2. Thirty-four thousand pounds, including enforcement tolerances, on a tandem axle.
3. Eighty thousand pounds on a vehicle combination of five axles or more.
28-1103. Excess size and weight special permits; definition
A. Subject to section 28-1104, subsection E, on application in writing and for good cause, the director with respect to highways under the jurisdiction of the department and a local authority with respect to highways under its jurisdiction may issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in this article or otherwise not in conformity with this chapter on any highway under the jurisdiction of the party granting the permit and for the maintenance of which the party is responsible.
B. A special permit may be issued for the movement of overdimensional and overweight loads that is subject to department rules for overdimensional and overweight loads. The director shall adopt rules for overdimensional and overweight loads. The director may establish fees to cover all or part of the cost of review and analysis of requests for overdimensional and overweight load permits. The department shall collect the fees, in addition to the special permit fee provided by this section or section 28-1105.
C. Subject to this section, the director or local authority may issue the following special permits that are valid for thirty days or one year and that may be limited by the director or local authority:
1. A special permit authorizing the applicant to transport a load by means of a truck-semitrailer, truck-trailer, truck tractor-semitrailer-semitrailer or truck tractor-semitrailer-trailer combination, if all of the following conditions are met:
(a) The overall length of the cargo carrying unit of the vehicle combination does not exceed ninety-five feet.
(b) The axle weight limitations are subject to sections 28-1099 and 28-1100.
(c) The overall gross weight of the vehicle combination does not exceed one hundred twenty-nine thousand pounds.
(d) The vehicle combination is traveling within twenty miles of the borders of this state and an adjacent state that allows such combinations of length and gross vehicle weight.
California Laws
Here are some of the major California laws, rules and regulations that trucking, shipping and transportation carriers should be aware. This is not an exclusive list.
1. California Weight and Size Regulations: Trucking companies in California must comply with weight and size regulations set forth by the California Department of Transportation (Caltrans). These regulations include restrictions on maximum vehicle weight, axle weight limits, and overall truck dimensions.
2. Commercial Driver's License (CDL) Requirements: In California, all truck drivers operating commercial motor vehicles must possess a valid CDL issued by the California Department of Motor Vehicles (DMV). Trucking companies should ensure their drivers have the appropriate CDL class for the type of vehicle they operate.
3. Hours of Service (HOS) Regulations: Trucking companies operating in California must follow HOS regulations outlined by the Federal Motor Carrier Safety Administration (FMCSA). These regulations limit the number of consecutive hours a driver can be on-duty or driving and require specific rest and break periods.
4. Drug and Alcohol Testing: California law mandates that trucking companies implement drug and alcohol testing programs for their drivers. These programs must comply with FMCSA guidelines, including pre-employment testing, random testing, post-accident testing, and reasonable suspicion testing.
5. Environmental Regulations: California has stringent environmental regulations that trucking companies must adhere to, including emission standards for diesel-powered vehicles. Compliance with regulations such as the California Air Resources Board (CARB) regulations for heavy-duty vehicles is necessary to operate legally.
6. Workers' Compensation Laws: Trucking companies in California must comply with workers' compensation insurance requirements. They must provide coverage for their employees and ensure that the insurance policy meets the state's minimum requirements.
7. Vehicle Maintenance and Inspection: California has specific laws regarding the maintenance and inspection of commercial vehicles. Trucking companies must regularly inspect and maintain their vehicles to ensure they meet safety standards and have the necessary documentation to prove compliance.
8. Hazardous Materials Transportation: If a trucking company transports hazardous materials in California, it must comply with the Hazardous Materials Regulations set forth by the FMCSA and additional state laws. This includes proper labeling, handling, and reporting of hazardous materials.
9. Wage and Hour Laws: Trucking companies must adhere to California's wage and hour laws, including minimum wage requirements, overtime provisions, and mandatory breaks and meal periods for drivers and other employees.
10. Electronic Logging Device (ELD) Mandate: Starting December 16, 2019, trucking companies operating commercial vehicles in California must comply with the federal ELD mandate. This requires the use of ELDs to electronically record a driver's hours of service, replacing traditional paper logbooks.
Federal Trucking Law
Trucking companies in the United States must comply with several federal laws, rules, and regulations to operate legally and ensure safety in the transportation of goods and cargo. Here is a summary of some key areas of compliance that trucking companies need to be aware of:
1. Federal Motor Carrier Safety Regulations (FMCSRs): These regulations, enforced by the Federal Motor Carrier Safety Administration (FMCSA), cover a wide range of safety requirements, including driver qualifications, hours of service (HOS) limits, drug and alcohol testing, vehicle maintenance, and recordkeeping. Trucking companies must adhere to these regulations to ensure the safe operation of their vehicles and prevent accidents.
2. Hours of Service (HOS) Regulations: HOS regulations define the maximum driving hours and rest periods for truck drivers. Companies must monitor and enforce these limits to prevent driver fatigue and ensure road safety. The rules specify the duration of driving shifts, mandatory breaks, and limits on weekly driving hours.
3. Commercial Driver's License (CDL) Requirements: Truck drivers must obtain a CDL, which is regulated at the federal level. Companies must ensure that their drivers possess the appropriate CDL classification and endorsements for the type of vehicles they operate. Additionally, companies need to maintain accurate records of their driver's license information and periodically review driver records.
4. Hazardous Materials Regulations: Trucking companies involved in transporting hazardous materials must comply with specific regulations. These regulations cover packaging, labeling, handling, and documentation requirements for hazardous materials shipments. Compliance includes training for drivers and personnel involved in the handling of hazardous materials.
5. Electronic Logging Device (ELD) Mandate: The ELD mandate requires trucking companies to install electronic logging devices on their vehicles to automatically record driver HOS, replacing traditional paper logs. The mandate aims to improve compliance with HOS regulations and enhance accuracy in recording driving hours.
6. International Fuel Tax Agreement (IFTA): Trucking companies operating across multiple states must comply with IFTA requirements for reporting and paying fuel taxes. Companies need to track and report the fuel consumed in each jurisdiction and pay the appropriate taxes accordingly.
7. Federal Vehicle Weight Limits: Federal regulations define weight limits for commercial vehicles, including gross vehicle weight, axle weight, and bridge formula limits. Trucking companies must ensure that their vehicles comply with these limits to prevent damage to infrastructure and maintain road safety.
8. Equal Employment Opportunity (EEO) Regulations: Trucking companies, like any employer, need to comply with EEO regulations that prohibit discrimination in hiring, promoting, and treating employees based on race, color, religion, sex, national origin, age, disability, or genetic information.
It is important for trucking companies to regularly monitor and stay updated on any changes in these federal laws, rules, and regulations. Non-compliance can lead to penalties, fines, loss of licenses, and reputation damage, so ensuring strict adherence is crucial for a compliant and successful trucking operation.
49 CFR Part §396 of the Code of Federal Regulations (CFR)
Appendix "A" - (annual carrier inspections if hauling hazardous materials)
Legal Resources
Here are some helpful resources for trucking and transportation companies:
- California trucking association
- Arizona trucking association
- NHTSA - National Highway Traffic Safety Administration
- United States Department of Transportation
- OSHA trucking
Contact our firm
The importance of having a truck lawyer on your side cannot be overstated. From navigating complex regulations and handling accident liability cases to protecting your interests in contract negotiations and litigation, legal experience can help safeguard your trucking and transportation company from potential legal risks and liabilities. By prioritizing legal counsel, you can focus on growing your business, confident that you have the necessary support to handle any legal challenges that may arise. For more information about cases arising in California or Arizona, call us at (877) 276-5084. You can also fill out the contact form and we can reach out to you.
