Pertinent Case Law Carolina Casualty Ins. Co. v. Yeates There are dozens, if not hundreds, of cases that construe the MCS-90. Its evolution and interpretation has been torturous. In a significant late 2009 decision, the Tenth Circuit in Carolina Casualty Ins. Co. v. Yeates held that the MCS-90 did not…
Retention of Documents: Overview Document retention requirements are found throughout the various subchapters and subsections of the FMCSRs. While the overview of the qualification process laid out thus far in these blog posts has addressed document retention at various points, it makes sense to compile the requirements for quick reference.…
CMV Disqualification Regulations: Observations Like the annual review process, the disqualification regulations are a form of post-hiring check that must be known, understood, and performed by the motor carrier. However, the chance that a motor carrier does not know, understand, or perform its duties under the regulation, is actually quite…
Observations In reviewing the contents of DQ files, often what does not exist may be more telling than what is found. The required annual review documentation should be in the file for “at least” each 12 month period the driver has operated a CMV for the motor carrier, subject to…