#intrastate commerce

[cannabisbusinessexecutive]

Cannabis Litigation Alert: Commerce Clause Back on Blast

By Hilary Bricken Recently, the Department of Health and Human Services recommended to the Drug Enforcement Administration that cannabis be rescheduled on the Controlled Substances Act (“CSA”) from a I to a III. At the same time, the SAFER Banking Act is winding its way through the Senate. And as of October 26, the cannabis industry will try to end prohibition through the courts. Cannabis…

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#Commerce Clause #David Boies #Federal Cannabis Prohibition #Gonzalez v. Raich #intrastate commerce #Merrick Garland #U.S. Attorney General

[maphistorich]

I'm not a legal expert, so I wonder, politics and individual morality aside, is it even possible for Congress to codify Roe v Wade like the SCOTUS seems to suggest?

From what I've been able to gather it may be possible, but it would be a very fine line. Could the SCOTUS just shut down any such law as Congressional overreach? Here's what I've been able to discern so far. If you are a legal expert though, please let me know if I'm missing something.

The Constitution grants limited powers to Congress and any power not expressly given is reserved for the states to decide for themselves. Of those powers, Congress is given the power to regulate commerce, collect and spend revenue from taxes, and make laws that are necessary and proper for it to complete it's duties. (It can also ratify treaties, and raise armies but let's stick to more domestic powers). Congress was also given power after the civil war, by the 13th, 14th and 15th amendments, to ensure equal access to the rights granted to the people for all people. Specifically they can make laws that preserve the rights of life, liberty, and property, and of equal access to voting, and must do so with equal protection for every state, not just a few.

Let's start from the perspective of original powers. From what I understand, Congress does not have unlimited power even within the powers they've been granted. They must use their power to perform the duties laid out for them in the Constitution. In the preamble the government is formed to "...establish justice, provide for the common defense, promote the general welfare, and ensure the blessings of liberty to ourselves and our posterity..." When Congress uses it's powers it generally must adhere to these principals. When the social security act was established, it was in the interest of promoting the general welfare that it was defended in the SCOTUS.

Ignoring the civil war amendments for now, could Congress codify Roe under it's original powers? It doesn't seem likely. They may be able to use some combination of commercial regulation for the general welfare, but generally Congress can only regulate interstate commerce unless intrastate commerce has a knock-on effect in other states. Writing a law that prohibits states from criminalizing certain medical procedures probably wouldn't fly if defended in court simply under the commerce powers with respect to general welfare. This would be more a regulation of the states than a regulation of commerce, so I don't think we can rely on the strength of the original constitutional powers themselves.

Most of the laws Congress has passed that actually restrict state action are made on the basis of the civil war amendments. Civil rights and voting rights are chief among these. There may be a world where Roe could be codified under the 14th amendment. Something like, "no law shall be enacted infringing on a patient's liberty to undergo any medical treatment or procedure under the supervision of a licensed medical professional and with the patient's consent and, if the patient is under guardianship, the patient's guardian's consent."

By grounding the law in liberty it's more likely to withstand a challenge in SCOTUS. But there's still the question of the fetus, being unborn, having a constitutional right to life that would supercede the mother's right to liberty or indeed life in the case of a life threatening pregnancy. I doubt SCOTUS could strike down a law that was specific to medically necessary abortion, but I'm not an expert and they've done some pretty dumb shit already.

The question of the fetus' rights may be open for interpretation. Most legal doctrine, that I've been able to find, are only concerned with a baby once it is born. In fact a baby isn't even a citizen of the US until it is born. Until then, most of the definitions and principles seem to consider a fetus as property until it is born. If that remains the interpretation then the question becomes, whose property is it? Since the fetus cannot survive outside the mother's womb, with some limited exceptions, until it is born and we have no means to transfer a fetus to another person, it seems clear that the ownership is strictly the mother's. No amount of legal wrangling could transfer possession of a fetus to the father without undue burden to the mother and/or fetus.

That seems to be the only possible option, but I put it to anyone with more legal expertise than I, could something like this work? Could Congress pass a law like this, restricting the states ability to criminalize medical procedures, that could stand up to SCOTUS scrutiny? Would it make more sense to codify the regulation of such procedures by a body or bodies such as HHS, the CDC and/or the FDA? Like, states can criminalize treatments/procedures not approved by these bodies, but not those that already have regulatory or special approval?

#roe v wade #scouts #legal #constitution #congress #abortion #states rights #medicine #womens rights #trans rights #privacy rights

[smartpalletsupplier]

Timber Gluts: The Silent Superstars of Building with Sturdy Support and Stability

Timber gluts are well known for their remarkable strength and durability. They are usually crafted from robust hardwoods like oak or beech. These sturdy constructions allow them to support goods, machines, and buildings with dependability and to bear large loads. Whether timber gluts are used as permanent installations in industrial settings or as temporary supports during construction, their unparalleled solidity guarantees the safety and integrity of projects.

Examine the Choice of Installation and Management Ease:

The heat treated pallets are a modest but essential part of development and heavy-duty operations that are sometimes overlooked. Depending on your specific situation, you can encounter a few distinct approaches from companies that charge for storage.

It reduces the likelihood of importing invasive species and protects the integrity of global trade. Wooden pallets have a restricted size range, however, plastic pallets come in a multitude of shapes and sizes. It's easy to find a plastic pallet maker and select a size that meets their needs.

Enhanced Handling of Hazardous Materials

One of the main reasons plastic pallets are the finest export pallets is that they handle hazardous chemicals more safely than wooden ones. It is best to cure the wood before using it to make wooden pallets since the wood may contain fungus, moulds, insects, diseases, and other things.

Because there is a chance that insects and illnesses would travel to non-native locations and destroy indigenous trees, standard pallets cannot be used for this kind of commerce. Heat-treated pallets are essential for cross-border or even intrastate commerce.

Eco-Friendly and Renewable Material with Economical Fix:

Because they are made from sustainable and renewable materials, timber gluts are a green option for building projects. In contrast to artificial substitutes that might lead to contamination and the exhaustion of resources, lumber gluts are disposable and have little effect on the environment.

Timber gluts not only have structural advantages but also provide an affordable option for industrial and building applications. When it comes to production, acquisition, and upkeep, wooden gluts are comparatively less expensive than customised support systems or artificial substitutes. Because of their inexpensive cost, contractors may use them for projects of any size or budget, maximising resource allocation without sacrificing safety or quality.

Source

#timber gluts #heat treated pallets

[morgansparks32]

High Threat Commercial Truck Insurance

This results in a perpetual workforce of inexperienced drivers who lack the driving and safety skills that can only be gained by years of highway experience. Carriers with a large share of new-hire drivers face a high risk of accidents and civil litigation, many of which could possibly be negligent hiring lawsuits. Every trucking journey presents unique challenges, emphasizing the vital position of business trucking insurance. Cottingham & Butler’s distinctive approach integrates insurance, security management, and claims administration into a single entity. This built-in construction benefits trucking firms at any stage of their development and provides them more options to meet specific wants. Each coverage value relies on individual threat elements such as any visitors tickets, convictions for driving while beneath the influence, past accidents, working radius, and what your typical cargo is. Also known as trucking legal responsibility or main legal responsibility, this coverage pays for third-party bodily injury and property damage and is required by regulation. For interstate truckers, coverage limits are set by the FMCSA and for intrastate truckers, policy limits will be set by the state. There are well over 70 truck insurance suppliers out there at present. No single agent can provide quotes from all these firms, so it is sensible to have a couple of agent shpping for you. This way you can achieve publicity to a bigger share of the whole insurance market and greatly enhance your probabilities of getting a great deal. High-quality insurance is still essential, regardless of the industry dealing with a downturn. They transport clothes, food, furniture, electrical items, and extra all throughout the nation. The trucking trade accounts for greater than 5% of all full-time jobs in the US. However, there's at present a scarcity of roughly 80,000 drivers. With only a few clicks you'll find a way to look up the GEICO Insurance Agency companion your insurance coverage is with to search out coverage service choices and make contact with data. With only a few clicks you can access the GEICO Insurance Agency associate your boat insurance policy is with to find your policy service options and contact data. truck insurance Companies must adjust to the state insurance necessities the place they are registered. However, firms involved in interstate commerce should additionally adjust to Federal Motor Carrier Safety Administration (FMCSA) insurance necessities. Talk to companies that may actually quote you, it would not matter what kind of truck operation you have. Just like with private auto insurance, your driving history plays a task in determining your costs. Some cargo, like livestock, oil/gas, and unsafe materials, require specialised insurance insurance policies. Nationwide also provides an extra coverage for farm truck insurance. While it largely has good reviews, its customer rankings are barely decrease than different commercial truck insurers. The biggest drawback to Nationwide is that it doesn’t insure semi-trucks or tractors. However, it presents complete protection policies for other commercial vehicles.

#truck insurance #truck insurance company #commercial truck insurance #semi truck insurance #truck insurance texas #truck cargo insurance #trucking insurance dallas tx #trucking insurance for new drivers #truck insurance services

[eldamandate07]

Florida's Trucking Regulations: Navigating the Road Ahead

In 2019, Florida's long-haul freight trucking industry contributed a staggering $10 billion to the state's economy, underscoring its pivotal role within the nation's economic framework. Trucks are the lifeblood of commerce, connecting consumer demand to the supply chain. Whether hauling fresh produce or vital pharmaceuticals, these heavy-duty vehicles ensure everyone's needs are met. Given their extensive reach, it's essential to understand the complex web of regulations that govern trucking at both state and federal levels. This article delves into the specifics of trucking regulations applicable to the Sunshine State, Florida.

The Florida DOT's Definition of Commercial Motor Vehicles (CMVs)

The Florida Department of Transportation (DOT) classifies Commercial Motor Vehicles (CMVs) as any non-government-owned vehicle or vehicle combination with a Gross Vehicle Weight (GVW) exceeding 26,000 lbs. or featuring three or more axles, regardless of weight.

Becoming a Truck Driver in Florida

To embark on a career as a commercial motor vehicle (CMV) operator in Florida, one must obtain a Commercial Driver License (CDL). This necessitates holding an Operator's License before applying for a CDL.

New CDL applicants must initially obtain a Conditional Learner's Permit (CLP). With a CLP, applicants can practice driving commercial vehicles on public roads, but they must be accompanied by a qualified CDL holder during each practice session.

To acquire a CLP, applicants must meet several requirements, including:

Holding a Florida driver's license. Passing an eyesight test. Successfully completing a knowledge test. Passing a medical test administered by the Division of Drivers Licenses. Providing proof of identity and residency. Submitting driving records for the past 10 years. Paying the required fees. After fulfilling these prerequisites, applicants must wait for 14 days before proceeding to the vehicle driving skills test, which comprises a vehicle inspection test, basic controls test, and a commercial driving road test. A list of test sites can be found here: Link.

It's important to note that while the minimum age for obtaining a CDL is 18, 18-year-old applicants are restricted to intrastate driving within Florida's borders. To drive interstate, one must be at least 21 years old.

CDL knowledge tests are available in various languages, and, with the exception of the hazardous materials test, can be taken orally in either English or Spanish. However, interpreters may not be permitted during test administration.

CDL License Classes in Florida

Florida issues three classes of CDL licenses:

Class A CDL: Authorizes holders to operate trucks or truck combinations weighing 26,001 lbs. or more and towing vehicles or units weighing over 10,000 lbs.

Class B CDL: Allows holders to operate straight buses or trucks weighing 26,001 lbs. or more.

Class C CDL: Permits drivers to operate vehicles transporting placarded quantities of hazardous materials or designed to carry 15 or more passengers (including the driver) with a Gross Vehicle Weight Rating (GVWR) under 26,001 lbs.

Each class requires passing specific tests, including general knowledge, air brakes (if applicable), pre-trip, basic skills, CDL road test, and relevant endorsement exams.

CDL Endorsements in Florida

Endorsements authorize drivers to operate specific types of vehicles. Florida offers several endorsements for Class A, B, or C commercial licenses:

H endorsement – Placarded Hazmat: Required for transporting placarded hazardous materials.

N endorsement – Tank Vehicles: Necessary for driving tank vehicles.

P endorsement – Passengers: Required for driving vehicles designed to transport more than 15 persons (including the driver).

S endorsement - School Bus: Needed for transporting school students to and from home and school-sponsored events (excluding common carrier buses).

T endorsement – Double/Triple Trailers: Required for driving double or triple tractor-trailer vehicles (Note: Triple trailers are not allowed on Florida roads).

X endorsement: Issued to those who qualify for both H and N endorsements.

Florida DMV Commercial Vehicle Registration

All vehicles operating in Florida must be registered with the DOT. Initial registration can occur at local service centers, requiring submission of identity proof, proof of Florida Insurance, and a completed HSMV form 82040 (Application for Certificate of Title With/Without Registration). An initial registration fee of $225, plus a base vehicle tax dependent on vehicle type, must be paid. Registration fees are determined by class code, license plate type, and registration use. Upon completion, owners receive a metal number plate, registration certificate, and a decal sticker placed on the upper right corner of the license plate.

CDL Holders Transferring from Canada or Other States

Florida's Department of Transportation reciprocates valid out-of-state or Canadian Commercial Driver Licenses (CDLs). However, applicants holding hazmat endorsements must reapply, including taking relevant tests and paying fees. Background checks are also conducted.

Military CDL Waiver for Florida

Military members or veterans seeking a CDL based on military experience must pass necessary knowledge and endorsement tests. They must also present a Certification for Waiver of Skill Test for Military Personnel form completed by their commanding officer during active duty or within 90 days of separation. The CDL issuance must occur within 120 days of service separation, with military personnel exempt from skills tests.

Florida CDL Medical Certification

Federal regulations require all CDL holders to certify their medical status with the state's Driver License Agency in four categories. Non-compliance can lead to license denial or disqualification.

Non-excepted Interstate (Category A): Requires maintaining federal medical certification.

Excepted Interstate (Category B): For those in interstate commerce exempt from federal medical certification.

Non-excepted Intrastate (Category C): For intrastate drivers, complying with Florida's medical certification requirements.

Excepted Intrastate (Category D): For intrastate drivers engaged in operations exempt from Florida's medical certification requirements.

Drivers can no longer claim medical certification exemption if they switch to a non-exempt operation category. Failure to maintain certification requires downgrading to a non-commercial license.

CDL License Costs in Florida

The Division of Driver Licenses charges the following fees:

Fresh CDL issuance or renewal: $75 Endorsements: $7 per endorsement Knowledge exam re-test: $10 Skills exam re-test: $20 All trucking operations in Florida are regulated by the Florida Highway Patrol Office of Commercial Vehicle Enforcement (OCVE).

Size and Weight Limitations

Florida imposes specific size and weight restrictions on commercial trucks, including:

Maximum height of 13.6 feet for commercial trucks. A maximum height of 14 feet for automobile transporter semi-trailers, including the load. A total length limit of 75 feet for trucks towing two trailers. Length restrictions apply only to trailers, not truck tractors or tractor-trailer combinations. Maximum width of 8.6 feet on roads with 12-foot or wider traffic lanes. Some roads may have an 8-foot

[varioustypesoftruckingservices]

Choosing the Right Trucking Service

When it comes to trucking services, you have to know your options to ensure that you get the best possible service. The right trucking service can help you ship cargo from point A to point B safely and economically. Whether you’re a small business owner or an international company, choosing the right trucking service can make all the difference in how quickly and efficiently your goods are delivered.

A trucking company is a transportation service that transports freight by vehicle, either full truckload or less than truckload (LTL). A standard trucking business typically has two types of operations: intrastate and interstate.

Intrastate trucks are hauled within a state, while interstate vehicles travel between states or countries. Until 1995, most states had control over the routes and rates of motor carriers operating within their borders. In 1995, the trucking industry underwent deregulation.

The first thing you need to do is determine what kind of cargo you want to ship. Some shipments require special conditions to be properly handled and transported. For example, if you need to transport appliances or building materials that require protection from the weather, you’ll need to choose a dry van.

Depending on your needs, you can also consider hiring a white glove trucking service to handle the entire shipping process. These companies can handle shipments that involve fragile or valuable items, including furniture and electronics.

These well known trucking jobs can also provide a wide range of other services, such as pick-ups and deliveries, shipments of hazardous materials, and more. This is a great way to save money on logistics and shipping costs.

Some specialized trucking businesses also offer expedited shipping, which involves getting your shipment to you faster than regular transit time. This is an extra charge, but it can be worth it in some cases.

If you’re looking for a reputable trucking business, be sure to check their credentials and reviews before making any decisions. It’s also important to look at their customer feedback.

The trucking industry has been around for centuries, and most people aren’t aware of how important it is to their daily lives. E-commerce and online shopping have brought a lot of change to the trucking industry, and it’s important for you to understand how these trends affect you and your business.

A trucking business is a complex operation, and there are a number of different people involved in it. You will need to have strong communication skills in order to keep everyone on track.

Besides good communication, you will need excellent organizational skills. This will help you manage all the tasks that need to be done and make sure everything runs smoothly throughout the entire process. Browse this website for more insights on truck driving services.

You should also have a good route planner to help you plan your load’s delivery. This will save you time and reduce fuel expenses. Some apps are designed specifically for truckers.

These applications have a variety of features, including real-time tracking and reporting. They can also save you time by predicting your ETA and showing you the best places to stop along the way.

At: https://en.wikipedia.org/wiki/Truck you can get more enlightened on this topic.

[petunia-petals-please]

Struggles With Trying To Get a DOT Number

Photo by Digital Buggu on Pexels.com

Getting Your Dot Number

My boyfriend finally filed and got his DOT Number so the truck. The process took a lot longer than him or I were expecting. I definitely thought you would just fill out this form and then that would be the end of it. But silly me, that is not the case 

The Process

The process for filling for a DOT Number is a lot more extraneous than you'd think it would be. For instance, when we first filled for the insurance on the truck we initally thought that all you needed was the requirements for the job hiring you to do the job. My boyfriend will be getting calls through the app called "HONK". They require him to have at least 75k. So. that's what we initially went with when we insured the truck However, the MCA or the people that you go to file the DOT Number with want you to have 1 million dollars worth of coverage.

What is a DOT Number

A Dot Number is for "Companies that operate commercial vehicles transporting passengers or hauling cargo in interstate commerce must be registered with the FMCSA and must have a USDOT Number. Also, commercial intrastate hazardous materials carriers who haul types and quantities requiring a safety permit must register for a USDOT Number" according to Federal Motor Carrier Safety Administration. You do not have to pay for you DOT Number. However, you do need to pay for your MC Number which will cost you $300 for each operational class. ""An MC number identifies a carrier who transports regulated commodities for hire in interstate commerce" ( North Dakota by Legendary)

Did you know . . .

Cars the are being towed are considered hazardous material? Which makes them a class 9 vehicle?

Insurance

That's the reason that the insurance runs so high. Now if he was a class 7 like we thought, he wouldn't have to pay the extra costs for the coverage. The classes are made by the GVWR ( The Gross Vehicle Weight Rating). The GVWR says depending on how heavy a vehicle is, determines what weight class it will fall under. "The Gross Vehicle Weight Rating is basically the maximum total safe weight of your vehicle, counting the curb weight (the weight of our vehicle when empty), plus the weight of your passengers, fuel, any accessories added to the vehicle, cargo, and the “tongue weight” of a tow trailer (normally 10-20% of the combined tow load and trailer weight) according to Sam Leman Automotive Group Then right after her filled for his DOT Number the phone started ringing off the hook from people trying to get his information for things that didn't even relate to him getting his DOT Number. They just wanted money or information out of him. They are still calling when its been about a week now since he filed. Just ridiculous!

Finally,

Be careful when you are filing for your DOT Number. Make sure you read the fine print. Make sure you know what class your vehicle is before you file. Also, you may end up paying more for your insurance that you expected. You do not have to pay for the MC Number Read the full article

#DOTNumber #startup #Startupcompany #StartupTowTruckCompany #towtruckcompany

[forestmonday2]

A Biased View of Intrastate Movers

While an intrastate action may be a bit much less complex than moving across the nation, you still need to have the support of experienced relocating professionals in purchase to take pleasure in a hassle-free encounter. If you're fascinated in possessing your company use for a relocation, let us understand in the reviews. The Vancouver Area is known for its extremely well-educated workforce, therefore many of us who want to help relocate relocate we may apply for moving programs through our local area job organizations. Solomon & Sons Relocation is an award-winning, family-owned organization that puts our consumers initially and goes the additional mile on every action to surpass our customers’ assumptions. We've developed a online reputation around the world of operating and operating businesses that assist make our neighborhood's goal come real.

Whether you want full-service relocation or just need a little bit of aid along with the heavy lifting, it will certainlyn’t take you long to think out that choosing us was the smart choice. When talking concerning employing, there are actually two various strategy you may take. You can easily start by talking to how these people are doing because that's extremely usual for hiring, or you may ask them at several job exchanges and inquire them inquiries that have no various other means of responding to. Trusted Intrastate Moving Company Trusted Intrastate Moving Company It just takes a appeal at our remarkable honors and positive consumer reviews to view what you can anticipate from the Solomon & Sons Relocation staff. To additionally comprehend why our companies are highly sought after by clients, it's crucial to comprehend that our companies are the conclusion of a many years of encounter in creating the world's greatest moving provider service achievable. Our image is everything to us, and the lots of awards we've succeeded provide as a testimony to our commitment to distinction. We have been named an All American University of Medicine, as properly as a Top Ten News Source in their National Health Service list of "Best 5 Under 30 Stories to Watch.". Our trainees additionally obtain to go to four of the condition's best colleges, plus possess gain access to to the University of Kentucky. As one of the very most highly examined agents, our honors and subscriptions feature: American Trucking Associations' Moving & Storage Conference ProMover Accreditation along with the Better Business Bureau with an A-Rating Department of Transportation Chamber of Commerce Realty Today's "Mover of the Year" And More! You Receive The Most Out Of Your Experience, And You Are Simply One! You may understand that we are the No.1 truck drivers and the No. Full-Service Offerings For Your In-State Move Full-Service Offerings For Your In-State Step Guaranteed Pricing with No Hidden Fees Custom Moving Packages, So You Only Pay for for What You Need to have Team Members Fluent in Russian, Spanish, French, Hebrew, and English Thoroughly Evaluated, Fully Licensed Residential Moving Professionals Modern Trucks and Equipment Well Valued Cars and truck Shipping Secure Storage Solutions Standard Insurance Valuation Discover Additional Concerning Our Costs Residential Moving Services Discover Even more About Our Premium Residential Moving Services All set to discover additional about our full-service moving companies? Browse our frequently-asked concerns or phone to speak along with a member of our domestic step staff. Q: What are some of your favored locations? A: With all the possibilities, Portland is always appearing for new destinations to get away from to make your time. Let us assist you get certainly there by aiding you relocate the most dependable method feasible. Our Portland locations supply a range of wonderful offer on home furniture, dining designs, and facilities. You can easily likewise talk to Solomon & Sons Relocation to schedule a free of cost relocation examination and exact cost estimation. In scenario of the condition it will definitely be in the adhering to order after your ask for is helped make: 1) Speak to the office and verify that you can easilynot be put in the loved ones condo 2) Say to him that your condition has been solved. 3) If you are positioned in the home, relocate out promptly, and allow your apartment or condo sit for a brief time period of opportunity. Fill up out our on the web contact form now to get began. Click Here For Additional Info are going to phone on you to take instances where your home was wrongly made use of. It is encouraged that you speak to the building's case manager just before delivering anything to the interest of our Law Department. Our legislation company feels that it would be exceptionally favorable for your residential or commercial property to be came back – even if you are a solitary moms and dad – if you may come back all relevant relevant information.

#Valet Moving Services - Round Rock Movers

[punjabtruckdrivingschool]

UNDERSTANDING FMCSA MEDICAL REGULATIONS

The most crucial part of truck driving is, well, the truck driver. A fit, deft and agile driver is the foremost requirement of any trucking company, because of all the physical exertion involved. With regard to this, Federal Motor Carrier Safety Administration (FMCSA) has been proactive in setting medical requirements and standards that all commercial motor vehicle drivers must meet.

FMCSA medical regulations constitute the Medical Program Division. This Division has a mission committed to improving the safety standards of American roadways via legislating and implementing medical regulations, guidelines and policies that will warrant that commercial motor vehicle drivers engaged in interstate commerce are physically qualified for the same.

FMCSA Portal provides detailed information about all the medical requirements that ought to be met, what exemptions can be made, who is an FMCSA Certified Medical Examiner, and any other information a driver may seek.

Medical Fitness for Duty

The FMCSA Regulations are designed for interstate truck drivers. The intrastate drivers are subject to regulations of their respective states which have been adapted from the federal regulations. There are minor differences between the regulations of each state.

Medical Exam

The Department of Transportation (DOT) mandates a physical exam for truck drivers which is to be conducted by a licensed medical examiner listed on the FMCSA National Registry.

Safe driving is not the only reason why truck drivers must qualify the medical exam. They also have to perform pre and post trip safety inspections, secure the load, and make sure it doesn’t shift.

The FMCSA Portal states that this DOT physical exam is valid for up to 24 months. However, there is an exception that if the truck driver has a health condition that needs to be monitored, then the FMCSA certified medical examiner can issue a certificate for less than 24 months.

Important FMCSA Regulations

The Qualifications find mention in the Code of Federal Regulations Title 49 Subtitle B Chapter III Subchapter B Part 391. It has been titled " Qualification of Drivers and Longer Combination Vehicle (LCV) Driver Instructors."

Three important regulations from this are:

i. 49 CFR 391.41 - Physical Qualifications for Drivers

This part states that a person can operate a commercial motor vehicle only if he or she is medically certified for meeting the physical qualifications, subject to CDL/CLP exemptions. There are 13 qualifications mentioned explicitly in this part, which are as follows:

Has no loss of a foot, a leg, a hand, or an arm

Has no impairment of hand or finger and arm, foot, or leg which interferes with power grasping or the ability to perform normal tasks associated with operating a CMV, respectively

Has no established medical history or clinical diagnosis of diabetes mellitus

Has no current clinical diagnosis of certain cardiovascular diseases

Has no established medical history or clinical diagnosis of a respiratory dysfunction that can affect driving

Has no current clinical diagnosis of high blood pressure that can affect work

Has no established medical history or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, neuromuscular, or vascular disease that can affect work

Has no established medical history or clinical diagnosis of epilepsy or any other condition that can cause loss of consciousness

Has no mental, nervous, organic, or functional disease or psychiatric disorder that can affect operating the CMV

Meets the distant visual acuity given in the CFR or meets the requirements in § 391.44

Meets the given hearing ability requirements

Does not use certain drugs or substances

Has no current clinical diagnosis of alcoholism

ii. 49 CFR 391.43 - Medical Examination; certificate of physical examination

This section has eight paras. The first two paras (a) and (b) talk briefly about the FMCSA certified medical examiner.

(a) The medical examination must be performed by a medical examiner listed on the National Registry of Certified Medical Examiners

(b) there are two exceptions to the above rule:

A licensed ophthalmologist or licensed optometrist may perform the part of the medical examination that involves visual acuity, the field of vision, and the ability to recognize colors

A certified VA medical examiner must only perform medical examinations of veteran operators.

iii. 49 CFR 391.46 - Physical qualification standards for an individual with diabetes mellitus treated with insulin for control

If such an individual meets the physical qualification standards or has an exemption or skill performance evaluation certificate, he/she is physically qualified to operate a commercial motor vehicle. Prior to the examination as per FMCSA regulations, the individual must be evaluated by his or her "treating clinician." Such individuals must self-monitor their blood glucose according to the treatment plan specified by their treating clinician.

Exemptions

FMCSA has Exemption programs through which individuals may apply for exemption from seizure, vision, and/or hearing standards. The Federal Motor Carrier Safety Administration requires the submission of some specific information for review, such as medical exams and employment history, with regard to the Federal Vision Exemption Program and requests for hearing and seizure exemptions. A final decision is made within 180 days of receiving a completed application.

It must be noted that FMCSA's exemption programs are only for drivers who seek to operate commercial motor vehicles in interstate commerce, as FMCSA does not have statutory authority to grant waivers/exemptions to drivers who operate intrastate.

FMCSA Certified Medical Examiner

" Federal Motor Carrier Safety Regulations define Medical Examiner as a person who is licensed, certified and/or registered in accordance with applicable State laws and regulations to perform physical examinations. The term includes but is not limited to doctors of medicine, doctors of osteopathy, physician assistants, advanced practice nurses and doctors of chiropractic."

The Code of Federal Regulations states that the medical examiners shall be knowledgeable of the specific and mental demands associated with operating a commercial motor vehicle as per FMCSA guidelines. The FMCSA certified medical examiner should be proficient in the use of necessary medical protocols.

An Imperative

The trucking system cannot function properly if its human resource is not fit for duty. Human capital is just as essential as any other equipment, if not more. The FMCSA regulations are thorough and detailed in informing truck drivers about which exams they need to take, which qualifications they need to meet and why all of this is important for road safety.

A truck driver who is in good shape can keep the flow of logistics moving uninterrupted, while making sure that safety standards are met.

A healthy driver means a healthy system.

#FMCSA #class a cdl #Class A CDl Training #truck driving school #cdl training

[petnews2day]

Hawaii Weighs Long-Overdue Welfare Reforms in Farm Animal Transport

New Post has been published on https://petnews2day.com/pet-industry-news/pet-travel-news/hawaii-weighs-long-overdue-welfare-reforms-in-farm-animal-transport/

Hawaii Weighs Long-Overdue Welfare Reforms in Farm Animal Transport

Honolulu, HI—Following years of delays, on October 11 the Hawaii Board of Agriculture will finally consider regulations to protect cattle, sheep, and goats transported via sea vessel between the Hawaiian Islands.

In May, the Animal Welfare Institute (AWI) and nine other animal protection organizations, including five in Hawaii, submitted comments to the Hawaii Department of Agriculture (HDOA) advocating changes to the original draft rules. As a result, the proposed administrative rules now require that containers holding these animals be placed in areas that allow the greatest access to ventilation to limit their exposure to heat and stress. The rules also now restrict the number of animals per container and prohibit injured, ill, lame, blind, or late-stage pregnant animals from being transported.

“The proposed rules are a meaningful first step in protecting the welfare of animals during what is already an extremely stressful time,” said Adrienne Craig, staff attorney for AWI’s farm animal program. “But it’s disappointing to see that the rules do not unequivocally require animals to be loaded last and unloaded first during transport or require that animals waiting to be loaded — often for hours — are provided with shade. Moreover, the rule that animals be given food or water within a 24-hour period does not factor in the time they spend waiting to be loaded. The board needs to strengthen these rules if members truly have the animals’ best interests in mind.”

Had these rules been enacted earlier, they could have prevented the suffocation of 21 cattle on a Young Brothers barge en route from Honolulu to Kauai in December 2019. The cattle suffered a prolonged and preventable death after the carriers placed the animal containers too close together, limiting ventilation. Although the animals were inspected at the port in accordance with existing Hawaii regulations for preventing the transmission and introduction of diseases, no steps were taken to determine if the animals had adequate access to ventilation.

Following this tragedy, AWI urged the state to enact standards of care for the shipment of farm animals. In 2020, the state legislature introduced a number of bills; however, they were held in committee after the Hawaii Department of Agriculture instead committed to adopting administrative rules to address these long-needed basic welfare reforms. Currently, there are only voluntary industry standards and disease-prevention protocols related to the intrastate transport of farm animals. There are no laws or regulations to address animal care or welfare in sea vessel shipment or hold carriers accountable for failing to follow the standards.

“We urge the department to uphold its earlier commitment and for the board to adopt these most modest but critical reforms to protect farm animals from unnecessary suffering or death,” said Inga Gibson, president and policy director for Pono Advocacy in Honolulu.

The Animal Welfare Institute (awionline.org) is a nonprofit charitable organization founded in 1951 and dedicated to reducing animal suffering caused by people. AWI engages policymakers, scientists, industry, and the public to achieve better treatment of animals everywhere—in the laboratory, on the farm, in commerce, at home, and in the wild. Follow us on Facebook, Twitter, and Instagram for updates and other important animal protection news.

#Pet Travel News

[longshared]

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Show special courses or training that will help you as a Driver: _ List States operated in for last five years _ If the answer to either A or B is Yes, GIVE DETAILS _ Has any license, permit or privilege ever been suspended or revoked? Have you ever been denied a license, permit or privilege to operate a motor vehicle?ī.

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List complete mailing address, street number, city, state and zip code.Īpplicants to drive a commercial motor vehicle in intrastate or interstate commerce shall also provide an additional 7 years information on those employers for whom the applicant operated such vehicle. Phone Number _Īll driver applicants to drive in interstate commerce must provide the following information on all employers during the preceding 3 years. Person to be notified in case of accident or emergency If hired, on what date will you be available to start work? _ĭate of last DOT Physical Examination _ Who referred You? _ Can you provide proof of age? _ĭo you want to work fulltime or part time? _ Specify days and hours if part time_ Have you ever been convicted of a crime, excluding misdemeanors and summary offenses? _ Position _ Reason for leaving _Īre you currently employed? _ If not, how long since leaving last employment _ Have you worked for this company before? _ Dates: From _ To _ List your addresses of residency for the past 3 years.Īddress _ The laws of some states prohibit some or all of the above mentioned types of discrimination.ĭate of Application _ Public Law 90-202 prohibits discrimination of age. The Civil Rights act of 1964 prohibits discrimination in employment because of race, color, religion or national origin. “ MISREPRESENTATIONS AS TO PRE EXISTING PHYSICAL OR MENTAL CONDITIONS MAY VOID PIGGLY WIGGLY ALABAMA DISTRIBUTING COMPANY INC.Ģ400 J. Landlord (Tenant) Recommendation Letter.

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[unintentionalbrandloyalty]

13 really bad Supreme Court Decisions

1. Dred Scott v. Sanford (1857): Hands down the worst Supreme Court decision ever, Dred Scott held that African Americans, whether free men or slaves, could not be considered American citizens. The ruling undid the Missouri Compromise, barred laws that would free slaves, and all but guaranteed that there would be no political solution to slavery. The opinion even included a ridiculous "parade of horribles" that would appear if Scott were recognized as a citizen, unspeakable scenarios like African Americans being able to vacation, hold public meetings, and exercise their free speech rights.

2. Buck v. Bell (1927): "Eugenics? Yes, please!" the Court declared in this terrible decision which still stands as good law. In an 8-1 decision written by Justice Oliver Wendell Holmes, the Court upheld the forced sterilization of those with intellectual disabilities "for the protection and health of the state." Justice Holmes ruled that "society can prevent those who are manifestly unfit from continuing their kind" and ended the opinion by declaring that "three generations of imbeciles are enough."

3. Korematsu v. United States (1944): Here, the Supreme Court upheld the internment of Japanese Americans during World War II, finding that the need to protect against espionage outweighed the individual rights of American citizens. In a cruel and ironic twist, this was also the first time the Court applied strict scrutiny to racial discrimination by the U.S. government, belying the idea that strict scrutiny is "strict in theory, fatal in fact."

4. Plessy v. Ferguson (1896): The Court's famous "separate but equal" ruling upheld state segregation laws. In doing so, the Court made sure that the gains of the post-Civil War reconstruction era were quickly replaced by decades of Jim Crow laws.

5. The Civil Rights Cases (1883): Another testament to the Court's failure to protect civil rights, the Civil Rights Cases struck down the Civil Rights Act of 1875. That law sought to ban racial discrimination in businesses and public accommodations. The court, in an 8-1 decision, held that the enforcement provisions of the Thirteenth and Fourteenth Amendments do not allow Congress to prevent non-governmental racial discrimination. It would take over 80 years for the Court to switch course, allowing for the government protection of civil rights in Heart of Atlanta Motel v. U.S -- this time under the Commerce Clause.

6. Bowers v. Hardwick (1986): This decision upheld a discriminatory Georgia sodomy statute that criminalized sexually active gay and lesbian relationships. As Justice Harry Blackmun noted in his dissent, the majority opinion displayed "an almost obsessive focus on homosexual activity." Bowers was overruled in 2003 by Lawrence v. Texas, though unconstitutional anti-sodomy laws still exist in several states.

7. Lochner v. New York (1905): Look, they're not all civil rights cases! In this case, the Supreme Court struck down a New York law limiting bakery work hours to 10 hours a day, finding an implicit "liberty of contract" in the Due Process Clause and giving birth to the Lochner era.

8. Hammer v. Dagenhart (1918): Here, the Court ruled that Congress could not ban child labor in intrastate commerce. Sure, Congress could legislate against gambling and other vices, but whether children were to be kept out of mines and factories was a question only states could decide.

9. Kelo v. City of New London (2005): Taking land from one private party to give it to another is a valid public use under the Takings Clause, the Supreme Court ruled in Kelo. The decision allowed New London to condemn Susette Kelo's land and transfer it to a private developer as part of a "comprehensive redevelopment plan."

10. Lucas v. South Carolina Coastal Commission (1992): A developer purchased vacant lots on South Carolina beaches. The state, seeking to prevent beach erosion, passed a management act which prevented Lucas from building homes on the land. That, according to the Supreme Court, was a total destruction of all "economically viable use" and a per se taking. Not only are the case's factual conclusions implausible, but as UCLA Law professor Jonathan Zasloff notes, the opinion is full of "expressly and needlessly anti-environmental" views.

11. Bush v. Gore (2000): You don't have to be a Democrat to question the wisdom of this Supreme Court case. In a partisan split, the Supreme Court's five Republican appointees halted the recount of contested ballots in Florida, handing the election to George W. Bush. Even Justice Sandra Day O'Connor has come to regret the ruling.

12. Exxon Shipping Co. v. Baker (2008): Want to send a message to corporate wrongdoers? Don't expect the Roberts Court to make it easy. Following the Exxon Valdez oil spill, one of the greatest environmental disasters of the time, and after years and years of litigation, Exxon was finally held responsible for its negligent captain and hit with $5 billion in damages. Then the Supreme Court ruled that Exxon couldn't be subject to punitive damages in excess of compensatory ones, dropping total damages down to $500 million. Not only did Exxon evade billions in damages, the Supreme Court's ruling increased the value of its stock by $23 billion in two days. That was particularly a boon to Justice Alito, who chose to recuse himself from the case because he owned Exxon stock.

13. Citizens United v. FEC (2010): Perhaps the most hated decision from the Roberts Court, Citizens United held that political donations are speech protected by the First Amendment, opening the floodgates to unlimited personal and corporate donations to "super PACs." Though widely unpopular, the ruling isn't going away anytime soon. It would take a constitutional amendment or a new Supreme Court makeup to reverse the decision.

–findlaw.com

Yeah, the Court always gets it right. :(

#badsupremecourt

[daleschaferlaw]

Dale Schafer Law News - 8/23/22

Dale Schafer Law News – 8/23/22

Courtesy of CannaLaw Blog #cannabisindustry – “In Fry v. United States (421 U.S. 542 (1975)), the Supreme Court held that “even activity that is purely intrastate in character may be regulated by Congress, where the activity affects commerce among the States or with foreign nations.” This is very broad language that can cover just about any activity. Moreover, Congress does not “need make…

View On WordPress

#Cannabis #cannabis industry #cannabis politics #Congress #Federal #Legalization #legislation #Marijuana

[idealmovingboxestips]

Just how to Lower the Prices of Hiring a Relocating Solution

When working with a moving service, you require to think about just how much your move will cost you. A lot of relocating firms rate intrastate actions in a different way, and also you must investigate this before employing a company to relocate you. Some fee by the cubic foot, while others will certainly retain a hourly price and also add a traveling cost. Ultimately, the quantity you spend on a step must depend on how much job you have to do. Nevertheless, there are a couple of points you can do to decrease your expenses and also optimize your revenue. Get the best moving boxes upper west side company services by just clicking here!

First off, you should identify all of your relocating boxes. You should clearly classify your boxes to suggest which room they belong in. It will certainly make unpacking easier later on. If you have a variety of items, make certain to classify them plainly, and also take into consideration buying flag tape at a big-box shop to identify which boxes go where. Lastly, develop a relocating checklist to help you ensure that your step goes as smoothly as possible. The relocating labor solutions that you hire must consist of loading and dumping your products. These firms are skilled and also qualified to move a wide range of objects, including huge, challenging, or cumbersome furniture. 

They will certainly know exactly just how to steer furnishings via narrow spaces and get it all to the brand-new place. You can after that hire a moving vehicle for the day and remainder easy. Nonetheless, you must keep in mind that this cost is not tax-deductible. If you do not have time to lots as well as discharge your own relocating truck, hiring a moving labor solution is your best choice. You should also examine the company's reputation online. Some business are not credible, while others have excellent reputations. Check to see if the company has issues or positive testimonials from previous consumers. If it has great deals of negative responses, you might wish to hesitate before hiring them. 

If you wish to be risk-free while employing a relocating service, it is far better to work with one with a credibility of dependability. So, make sure to review the evaluations of each service before employing a company. Employing a full-service moving firm is the very best alternative if you have comprehensive items that need packaging. These moving companies will load whatever for you. They will also dismantle and also reassembly your furnishings for you. Last but not least, they will certainly deal with packing materials properly, view here for more insights about these services.  With this, you'll save on your own a great deal of hassle. Furthermore, you won't need to make any trips to the shop. 

A full-service relocating service can decrease your anxiety degree as well as make relocating a wind. Before working with a moving company, check for particular dates that fit your routine. Moving firms vary in cost, and you can locate the most effective deal by doing some legwork. It's also valuable to sign up with local associations and chambers of commerce. These organizations assist you develop partnerships with regional services as well as professionals. Also, if you weaken your ownerships prior to employing moving companies, you'll have the ability to save money. By doing this, you can spend extra on other points that will aid your organization grow.

Find out more details in relation to this topic here: https://simple.wikipedia.org/wiki/Moving_company.

[northcarolinaprelawland-blog]

Four Civil Rights Activist Posthumously Vacated of 1947 Convictions

By Kyra Goins, University of North Carolina Chapel Hill, Class of 2023

June 21, 2022

On Friday, June 17th, four North Carolina “freedom riders,” Bayard Rustin, Andrew Johnson, Igal Roodenko, and Joseph Felmet, had their convictions from 1947 posthumously vacated [3]. “Freedom riders” is a term referring to individuals in the Jim Crow era who challenged the segregation laws of the time [2]. More specifically, the freedom riders got their name from participating in so-called “freedom rides” to protest mandated segregation on buses [2].

Their story begins in the spring of 1947. On April 13, eight black men and eight white men boarded a bus in Orange County, North Carolina heading from Chapel Hill, NC, to Greensboro, NC [3]. All the men, black and white, made a point to take their seats in the front of the bus [3]. This bus ride was only one segment of a longer journey that these men had embarked upon; this group of freedom riders began a two-week trip by boarding buses in Washington, D.C. and planned to make several stops in North Carolina [3]. The trip was known as the “Journey of Reconciliation” [3]. This journey came in response to the 1946 Supreme Court ruling in Morgan v. Virginia [2]. The case was to decide on “the constitutionality of an act of Virginia, which [required] all passenger motor vehicle carriers, both interstate and intrastate, to separate without discrimination the white and colored passengers” [1].

Excerpt from Supreme Court decision of Morgan v. Commonwealth of Virginia; 1946 [1]

The court decided that racial segregation on modes of interstate travel unconstitutional on the grounds that such segregation impedes interstate commerce [1]. The court writes that although “there is no federal act dealing with the separation of races in interstate transportation” and “no state law can reach beyond its own border nor bar transportation of passengers across its boundaries [resulting in] diverse seating requirements…it seems clear to us that seating arrangements for different races in interstate motor travel require a single, unfirm rule to promote and protect national travel” [1]. The court ruling was a win for civil rights, but the men embarking upon the Journey of Reconciliation wanted to test how well this ruling would realistically be upheld.

Prior to their arrival in Chapel Hill, NC, the men had been arrested at two other stops in North Carolina: Asheville and Mount Airy [3]. However, in both these instances the charges against the men were thrown out, considering racial integration on interstate transportation was perfectly legal according to the prior year’s Supreme Court ruling [3]. However, the men ran into trouble when boarding their bus in Chapel Hill.  When the group went to sit in the front of the bus, “some were forced off by the bus driver, but four refused and were met with angry cab drivers” before they were arrested by the police [3]. Two black men, Bayard Rustin and Andrew Johnson, were arrested on the grounds of refusing to move to different seats, and two white men, Igal Roodenko and Joseph Felmet, were charged with “interfering” [3]. The following month, the four men were convicted by Orange County judges and “sentenced to 30 days on a prison chain gang” [3].

Now, 75 years later, the justice system in Orange County has sought to correct the injustice against these four men, even in a small way [2]. The Orange County Board of Commissioners launched the special session of the Orange County Superior Court that vacated the freedom riders’ conviction following research the court had done following an anniversary of the 1947 trial [2]. Judge Allen Baddour, who oversaw the special session spoke to a room full of people in the same courtroom the men were originally sentenced: “‘We failed these men. We failed their cause and we failed to deliver justice in our community. And for that, I apologize. So we’re doing this today to right a wrong, in public, and on the record’” [2].

______________________________________________________________

[1] Cornell Law School. (n.d.). Morgan v. Commonwealth of Virginia. Legal Information Institute. Retrieved June 18, 2022, from https://www.law.cornell.edu/supremecourt/text/328/373

[2] Foreman, T. (2022, June 18). Court posthumously vacates Freedom Riders' 1947 convictions in North Carolina. PBS. Retrieved June 18, 2022, from https://www.pbs.org/newshour/nation/court-posthumously-vacates-freedom-riders-1947-convictions-in-north-carolina

[3] Johnson, K. (2022, June 18). Orange County apologizes to 1st freedom riders who challenged Jim Crow south. MSN. Retrieved June 18, 2022, from https://www.msn.com/en-us/news/us/orange-county-apologizes-to-1st-freedom-riders-who-challenged-jim-crow-south/ar-AAYCd4V  

[todaysdocument]

Photos taken in Alexandria, Louisiana railroad stations, showing that the state was maintaining segregated waiting rooms in violation of the regulations of the Interstate Commerce Commission, 11/22/1961. 

File Unit: U.S. and I.C.C. v. F. Jean Pharis, et al. Alexandria Louisiana, 1939 - 1970

Series: Class 144 (Civil Rights) Case File Enclosures, 1939 - 1970

Record Group 60: General Records of the Department of Justice, 1790 - 2002

Image description: The exterior of a railroad station building. A sign above the double doors reads, “WHITE WAITING INTRASTATE PASSENGERS.” 

Image description: A railroad station waiting room, with chairs and a fan. A door is labeled “WOMEN,” and a sign above the door reads, “FOR WHITE INTRASTATE PASSENGERS.” Another sign with the same words hangs above the drinking fountain.

#archivesgov #November 22 #1961 #1960s #civil rights #Louisiana #segregation #railroads #travel #history #African American history #Black history