Fleet Management News & Business Info | Commercial Carrier Journal
Issue link: http://read.dmtmag.com/i/303798
Henry E. Seaton, Esq. Seaton & Husk, LP 2240 Gallows Road Vienna, VA 22182 Tel: 703-573-0700 Fax: 703-573-9786 heseaton@aol.com transportationlaw.net 26 IT MAGAZINE Vo l . 8 , N o . 3 transit is understandable. Yet, to better plan the inventory and cross-dock freight, shippers have increasingly demanded scheduled appointments which are frequently too tight to be made due to congestion or inclement weather. When shippers and brokers start using technology to check on and micromanage driver delivery windows, they only increase their vicarious liability. In this regard, the FMCSA has announced in a 5-year plan that it wants the authority to extend its regulations up the supply chain. Plaintiff 's bar is already actively pursuing shippers and brokers in accident litigation under the theory they exercise so much control over the carrier they become liable for its negligent actions. Traditionally, carriers are required pursuant to the bill of lading to provide service with "reasonable dispatch" and are not bound to transport property in time to meet any particular market. e potential increased liability issues for shippers and brokers tightly scheduling carriers and using technology to micromanage delivery of the load enhances the vicarious liability risk and must be carefully considered. In sum, the use of technology must be placed in context and not simply endorsed as the neatest "must have" invention. Installing technology on new equipment may be far simpler and more cost effective than retrofitting older equipment and participating in rulemaking to ensure a proper cost benefit analysis is important. WITH RESPECT TO LEGAL AND POLICY ISSUES, THE FOLLOWING QUESTIONS ARE IMPORTANT: 1. Are there privacy concerns? 2. Will use of the technology result in unwanted control and legal liability issues? 3. Does use of the technology enhance productivity and flexibility? 4. With increased surveillances involved, are we measuring the right data for the right purpose? NEW! Now available on Trucker Tools! www.TruckerTools.com Accelerated. Dependable. Secure. Provided by McGriff Seibels & Williams Single Trip Cargo Insurance | www.tripcargo.com NOW FEATURED IN THE POPULAR TRUCKER TOOLS APP! www.truckertools.com