Transportation

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• Representation for domestic national, regional and local and international in businesses, and workers, such as: airports; aviation; bus; cargo; cargo terminals; commercial motor vehicles (CMVs); commuter railroads; consolidators; container companies; courier services; drivers; flight schools; foreign indirect air carriers (foreign public charter operators); freight forwarders (aviation, ground and maritime); freight railroad; freight terminals; fulfillment entities; insurers; intermodal carriers; limousine services; longshoremen; mechanics; motor carriers; ocean transportation intermediaries (OTIs); passengers; pilots; private fleet owners (of airplanes, cars, ships – both inland barges and vessels as well as ocean-going container, freight and passenger – and trucks); professional employer organizations (PEOs); protection and indemnity (P&I) clubs; refrigerated carriers; ship officers and seamen; shipping; shipping terminals; specialty freight haulers; taxi; third-party logistics (3PL) providers; transportation brokers; transportation entities (aviation, ground, logistics, maritime, railroad, truck); transportation network companies (TNCs); trucking entities; warehousing entities; waste haulers.

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• Negotiating and drafting various agreements, contracts, documents and templates related to transportation practice in general, such as for: agreement for logistics and transportation; bill of lading (BoL) terms and conditions; Bureau of Indian Affairs (BIA) road operation and maintenance; carrier-broker; carrier-shipper; carrier selection protocols; co-broker; collateral access; confidential disclosure (CDA); comprehensive development (CDA); courier; customs brokerage; distribution; drayage; driver staffing; equipment interchange; equipment lease; export forwarder; Federal Transportation Administration (FTA) Build Grant with terms and conditions; freight forwarding; fulfillment; independent contractor; intermodal services; last mile delivery; leased operator; limousine service; master services (MSA); medical transportation; metropolitan planning (MPA); motor carrier services; non-compete (NCA); multimodal transport; non-compete (NCA); non-disclosure (NDA); non-solicitation (NSA); non-vessel operating common carriers (NVOCCs); owner-operator; pick-and-pack; port-terminal operations; proof of delivery (PODA); purchase and sale; rules circulars; safety consulting; sales commission; senior transportation; service level (SLA); specialty transportation; statement of services; transloading; transport broker; transportation; transportation service; taxi services; terms and conditions; Tribal Transportation Program (TTP); utilities construction (UCA); utility preliminary engineering (UPEA); utility relocation (URA); vehicle leases; vessel operating common carriers (VOCCs); warehousing.

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• Legal support for general transportation contracts, which cover basic ground transportation services (not used for aviation services, freight services covered BoLs, maritime services or negotiated freight services) of whatever type, in which a business of whatever type contracts with a carrier of whatever type (air, rail, ship or truck) to transport goods or people from one point to another, whether domestically or internationally, following whatever arrangements, protocols, routes or specifications (such as: number of shipments, if multiple; payment schedules; pickup and delivery dates; termination; types of required insurance) that may be detailed in the transport contract.

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• Compliance with domestic Federal and state, and international, administrative agencies, frameworks, guidelines, laws, recommendations, regulations, rules and statutes, related directly to transportation practice in general, such as the: 49 C.F.R. §373 (carriers, not brokers or shippers, must issue the receipt or BoL, but the only actual BoL requirements are that the: consignor and consignee must be named; number of packages, the description of the freight, and the weight, volume or measurement for rating purposes must be included; and, origins and destinations must be identified); 49 U.S.C. §14101(b) (carriers may enter written signed agreements with brokers and shippers which may expressly waive application of otherwise-applicable general rules of Federal transportation law); Age Discrimination in Employment Act (ADEA); Americans with Disabilities Act (ADA); American Trucking Associations (ATA); Bureau of Industry and Security (BIS); Civil Rights Act (CRA) Title VII; Consolidated Omnibus Budget Reconciliation Act (COBRA); Council for Logistics Research (CLR); Council of Logistics Engineering Professionals (CLEP); Council of Supply Chain Management Professionals (CSCMP); Customs and Border Protection (CBP); customs issues (such as: bonded carriers; bonded warehouses; container freight stations; foreign trade zones); Customs-Trade Partnership Against Terrorism (C-TPAT) certification; Department of Homeland Security (DHS) Support Anti-terrorism by Fostering Effective Technologies (SAFETY) Act; Department of Labor (DOL); Employee Retirement Income Security Act (ERISA); Environmental Protection Agency (EPA); Equal Employment Opportunity Commission (EEOC); Export Administration Regulations (EAR); EAR anti-boycott regulations; Fair Credit Reporting Act (FCRA); Fair Labor Standards Act (FSLA); Family and Medical Leave Act (FMLA); Federal Acquisition Regulation (FAR) Part 47 – Transportation; Federal Energy Regulatory Commission (FERC); Federal Maritime Commission (FMC); Federal Railroad Administration (FRA); Federal Register (FR) International Trafficking in Arms and Munitions Regulations (ITAR); Federal Trade Commission (FTC); Federal Trade Commission Act (FTCA); Federal Trade Regulations (FTRs); Foreign Corrupt Practices Act (FCPA); Global Logistics Emissions Council (GLEC); Health Insurance Portability and Accountability Act (HIPAA); Lanham Act (Trademark Act); National Highway Traffic Safety Administration (NHTSA); National Historic Preservation Act (NHPA); National Labor Relations Board (NLRB); New Jersey Admin. Code § 6A:27-9.16 – Joint Transportation Agreements; National Transportation Safety Board (NTSB); Newborns and Mothers Health Protection Act (NMHPA); North American Free Trade Agreement (NAFTA); North American Transportation Employee Relations Association (NATERA); Occupational Health and Safety Act (OSHA); Office of Federal Contract Compliance Programs (OFCCP); Office of Foreign Assets Control (OFAC) anti-money laundering (AML) regulations; Pregnancy Discrimination Act (PDA); Surface Transportation Board (STB); Truth In Leasing Act (TILA); Truth In Lending Act (TILA);  Federal Unified Carrier Registration (UCR) program; United States–Mexico–Canada Agreement (USMCA); US Department of Transportation (DOT) Transportation Acquisition Regulation (TAR) Part 1216 – Types of Contracts; Warehousing Education and Research Council (WERC); World Logistics Council (WLC).

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• Compliance and familiarity with transportation industry trade association guidelines and recommendations, such as from the: American Public Transportation Association (APTA); American Trucking Associations (ATA); Association of State Highway and Transportation Officials (AASHTO); Cargo Network Services (CNS); Intermodal Association of North America (IANA); International Air Transport Association (IATA); National Association of Professional Employer Organizations (NAPEO); National Council on Compensation Insurance (NCCI); National Industrial Transportation League (NITL); National Motor Freight Traffic Association (NMFTA) – publisher of the National Motor Freight Classification (NMFC), maintained by the Freight Classification Development Council (FCDC), from which the industry standard uniform straight domestic BoL is derived.

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• Any intermodal or multimodal shipping agreement that includes any element of transportation by rail should, at a minimum, include: a reasonably-detailed itemization of the individual items in the shipment; who bears risk of loss (ROL) on every segment of the trip; limitation of liability (LOL) on every segment of the trip; over-dimension surcharge; required insurance for both parties from origin point to destination point, and at all points in-between; standard terms and conditions (Ts & Cs – such as: altered movement of tendered shipment; assignment; choice of law; combination rate charges; contact information for each party; domestic storage; flip charges; ; hazardous materials – hazmat – surcharge; indemnification; intermodal container transfer facility – ICTF – gate fee;international storage; payment; mis-describing penalties – such as, for example: for specifying the incorrect weight of the container or shipment; mis-describing the contents of a container or shipment, or describing a domestic shipment as an international shipment, or describing a hazmat shipment as freight of all kinds – FAK; schedule of milestone dates; venue; violations of metal products conditions; violation of prohibited articles regulations; violations of restricted articles prohibitions; use of rail carrier’s US Customs bond; and the like); the various duties of the rail carrier on every segment of the trip (such as: what mode of motor transport – such as container carrier or tractor-trailer truck – should be engaged to get the shipment from the location point to the train loading point; who is responsible for unloading the shipment from the mode of transport onto the train well car (if a container) or rail car – whether the shipment is contained in containers or must unloaded and loaded onto the train as various individual items by hand; coupling or uncoupling of particular rail cars during transit; unloading/reloading/unloading of various containers or rail cars during transit; unloading at the final rail terminus point; what mode of motor transport – such as container carrier or tractor-trailer truck – should be engaged to get the shipment from the final rail terminus point to the final destination point; who unloads the container or shipment at the final destination point).

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• Management of typical transportation practice issues, including: advertising; alternate dispute resolution (ADR); antitrust; arbitration; bankruptcy; claims (such as cargo, personal injury, property damage); class actions; collections; compliance (with Federal, state and international laws); corporate governance; corporate policies; consumer fraud; crisis management (such as from attacks on business or personal reputation); cross-border; customs bonds; customs issues; data privacy; data security; discrimination; driver leasing; drug testing; emergency responses (such as to governmental audits); due diligence; employee benefits; employee handbooks; environmental law (such as contamination from maintenance facilities); establishing captive insurance entities; finance issues; foreign air freight forwarder registrations; harassment; Hart-Scott-Rodino premerger notification requirements; hazardous materials (hazmat); insurance coverages (such as for the transportation of hazardous materials); intellectual property; investigations (such as Customs and Border Protection Form 28 requests for information); joint ventures; labor issues (such as from independent contractors, owner-operators and unions); letters of credit; letters of indemnity; licensing; litigation; marketing; mediation; mergers, acquisitions and divestitures (M&A); permitting; personal injuries; promotional activities; publicity rights; reductions in force (RIFs); reservation of rights letters; risk management; sales playbooks; strategic alliances; subrogation; supply chain management; tax issues; trade secrets; transportation arbitration (TA); Transportation Security Administration (TSA) Indirect Air Carrier (IAC) Certified Cargo Screening Facility (CCSF) certification; unfair competition; United States (US) Department of Justice (DOJ) business review letters; wage and hour laws; workforce management; workers’ compensation; wrongful discharge.

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• Legal support for all aspects of the written BoL, which the Federal Motor Carrier Safety Administration (FMCSA) of the United States (US) Department Of Transportation (DOT) requires every carrier of goods to prepare for every shipment transported by every freight carrier of any type, specifying the details of each such shipment, including an inventory of all the items in each such shipment and the value of each such item (or at a minimum, an estimate, whether binding or non-binding, of the total value of the goods in the shipment), the service order, as well as other required information (such as: contact information for both the owner/shipper and the freight carrier; form of payment; pickup and delivery dates and locations; proof of insurance), granting to the freight carrier temporary title to the goods specified in such BoL under the Uniform Commercial Code (UCC), functioning as the transportation contract between such owner (shipper) of the goods and the freight carrier, and which should be held in the custody of the driver during transport and then surrendered by the driver upon delivery (the freight carrier is required by law to retain copies of all BoLs for a period of at least one calendar year from the date of creation).

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• Preventative representation (such as audits for regulatory compliance).

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• Provided transportation practice legal training for management and personnel.

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• Working knowledge of the proper usage of the Incoterms maintained by the International Chamber of Commerce (ICC), such as: the seven (7) Incoterms applied to all modes of transport – CIP (meaning ”Carriage and Insurance Paid To”) [then insert place of destination]; CPT (meaning “Carriage Paid To”) [then insert place of destination]; DAP (meaning “Delivered at Place”) [then insert place of destination]; DDP (meaning “Delivered Duty Paid”) [then insert place of destination]; DPU (meaning “Delivered at Place Unloaded”) [then insert place of destination]; EXW (meaning “Ex Works”) [then insert place of delivery]; FCA (meaning “Free Carrier”) [then insert place of delivery]; and, the four (4) Incoterms applied to inland waterway and ocean transport – CIF (meaning “Cost Insurance and Freight”) [then insert named port of destination]; CFR (meaning “Cost and Freight”) [then insert named port of destination) FAS (meaning “Free Alongside Ship”) [then insert named port of loading]; FOB (meaning “Free on Board”) [then insert named port of loading].

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• Working knowledge of comprehensive specialty insurance coverages related to transportation operations, such as for business auto: coverages may include auto liability, general liability, excess liability and physical damage; eligible operations may include armored cars, boom trucks, building materials transporters, contractors, couriers, cranes, dairies, farms, food deliveries, funeral operations, magazine distributors, newspaper distributors, retail deliveries and wholesale deliveries.

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• Working knowledge of comprehensive specialty insurance coverages related to transportation operations, such as for the transportation of environmentally-hazardous materials: coverages may include auto liability, auto physical damage, designated insured endorsement, excess, general liability, International Standards Organization (ISO) Pollution Liability-Broadened Coverage for Covered Autos (CA 9948) endorsement, MCS-90 endorsement, medical payments (med pay), mis-delivery of liquid products endorsement, motor truck cargo, personal injury protection (PIP), primary and non-contributory endorsement, statutory no fault, uninsured motorist (UM), underinsured motorist (UIM), umbrella, Uniform Intermodal Interchange and Facilities Access Agreement (UIIA) trailer interchange endorsement and waiver of subrogation endorsement; eligible operations may include for-hire petroleum transportation, hauling bulk dry commodities, hauling bulk food-grade commodities, hauling bulk liquid, hauling hazardous waste, hauling non-hazardous waste, non-hazardous materials in tank trucks and truck transportation of hazardous materials requiring placards; specific exclusions may be garbage hauling, poisonous gases, infectious substances, radioactive materials and refuse hauling.

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• Working knowledge of comprehensive specialty insurance coverages related to transportation operations, such as for fleet trucking: coverages may include auto liability, auto physical damage, blanket additional insured endorsement, broadened auto pollution with CA9948 endorsement, blanket waiver of subrogation endorsement, excess liability, general liability, medical payments (med pay), motor truck cargo, statutory no fault, uninsured motorist (UM), underinsured motorist (UIM), umbrella;  eligible operations may include containers, dry van, flatbed, for-hire goods, intermodal, perishable goods and refrigerated; specifically-excluded operations may include any type of waste disposal, drive-aways (meaning the hauling of other vehicles of any type), fracking output, “hot shots” (meaning smaller, time-sensitive, unique, unusual, valuable, LTL loads, within a specific time frame, usually to a single customer or destination), logging, moving and storage, oilfield, passengers for-hire, towing, “white glove” delivery (meaning both delivering an unusual object to a specific location and then placing it somewhere within that location services, at the customer’s direction), wrecking.

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• Working knowledge of comprehensive specialty insurance coverages related to transportation operations, such as for limousine services: coverages may include auto liability, auto physical damage, excess auto and general liability; eligible operations may include airport buses, charter buses, luxury buses, luxury sedans, luxury SUVs, luxury vans, on-demand car service and pre-arranged limousine service.

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• Working knowledge of comprehensive specialty insurance coverages related to transportation operations, such as for logistics: coverages may include all risk for inland marine and ocean shipments and storage, carriers legal liability, contingent cargo, freight forwarders errors and omissions (E&O) freight forwarders legal, goods of others, shippers interest inland transit, shippers interest ocean cargo, warehouse legal liability and warehouse storage; eligible operations may include domestic transportation brokerage, customs house brokerage, freight forwarders, indirect air carriers (IACs), international transportation brokerage, motor truck carriers (MTCs), non-vessel operating common carriers ( NVOCCs), warehousing.

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• Working knowledge of comprehensive specialty insurance coverages related to transportation operations, such as for non-hazardous waste hauling: coverages may include auto including pollution, auto physical damage, CA9948 endorsement, MCS-90 endorsement, environmental impairment, general liability and umbrella; eligible operations may include carting companies, construction debris, demolition debris, dumpsters, landfills, medical waste, non-hazardous waste, portable toilets, recycling, refuse, roll-off bins, sanitation collections, septic service, solid waste, sweeping, transfer stations and trash hauling.

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• Working knowledge of comprehensive specialty insurance coverages related to transportation operations, such as for marine cargo insurance: coverages may include cargo and transit, global stock throughput and project cargo; eligible operations may include business-to-business (B2B) internet sales enterprises, exporters, importers, multi-national enterprises, retailers and wholesalers.

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• Working knowledge of comprehensive specialty insurance coverages related to transportation operations, such as for recycling operations: coverages may include auto, conversion coverage (meaning coverage against purchasing items from a seller which does not have legal title or possession), crime, environmental and general liability exposures, equipment and production machinery breakdown, general liability, impaired property, inland marine, limited pollution, products (meaning coverage for material to be reclaimed, reconditioned or recycled), professional liability for document destruction, property, stock and sale price valuation, umbrella, workers’ compensation; eligible operations may include automobiles electronics, glass, paper, plastic, rubber, scrap metal and textiles; there may be inclusions for various specified standard industrial classification (SIC) codes; there may be inclusions for various specified general liability class codes.

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• Working knowledge of comprehensive specialty insurance coverages related to transportation operations, such as for truck brokers’ contingent liability: coverages may include contingent auto, contingent cargo, errors and omissions (E&O) and general liability; eligible operations may include freight brokerage, truck brokerage and truck leasing.

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• Working knowledge of comprehensive specialty insurance coverages related to transportation operations, such as for transportation workers’ compensation: coverages may include contingent liability, occupational accident and workers’ compensation; eligible operations may include auto transport, bus operations, couriers, deliveries, flatbed haulers, long-haul, moving and storage, refuse haulers.

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    PROGRESS DRAFT - Last updated 210531_2135