We have successfully represented the transportation industry for over 30 years. Regulations and state & federal oversight of commercial vehicles and public transportation has become more specialized. We defend transportation companies.

NHTSA Grants Petition for Inconsequential Determination

inconsequential determination

January 2015

Richards Brandt clients China Manufacturers Alliance, LLC (“CMA”) and Double Coin Holdings Ltd Obtain Favorable Outcome on Petition for Inconsequential Determination Before the National Highway Safety Traffic Administration (“NHTSA”).

Double Coin is one of the world’s largest manufacturers of truck, industrial, and off-the-road tires. CMA is the North American subsidiary of Double Coin. In late May of 2014, NHTSA’s Office of Defects and Investigations notified CMA that two of the Double Coin model tires it was selling did not includeTruck Tire Code
a load range symbol. The Federal Motor Vehicle Safety Standard (“FMVSS”) No. 119 establishes strength, performance, endurance standards for truck tires, as well as marking requirements. Among the ten marking requirements is inclusion of a load range symbol.

CMA and Double Coin submitted a noncompliance report. We then helped CMA and Double Coin prepare a petition for inconsequential determination seeking exemption from the remedy provisions of the Motor Vehicle Safety Act. CMA and Double Coin also commenced an internal review of all tires being sold. From this review, CMA and Double Coin determined that additional tire models were missing the load range symbol, and CMA and Double Coin took the necessary steps to ensure that going forward all Double Coin tires had the load range symbol.

CMA and Double Coin then submitted a revised noncompliance report and we worked with CMA and Double Coin on a revised petition for inconsequential determination to cover all tire models at issue. NHTSA published CMA and Double Coin’s Petition on September 14, 2014. See 79 Fed. Reg. 55068. In the Petition, we argued that the missing load range symbol was inconsequential to motor vehicle safety because Double Coin tires meet or exceed the strength, endurance and performance standards of FMVSS No. 119 and because the information conveyed by the load range symbol was included on all Double Coin tires by Double Coin’s optional inclusion of a load index symbol and ply rating on each tire. Additionally, all Double Coin tires, consistent with the marking requirements of FMVSS No. 119 contained appropriate maximum load/maximum pressure information. After considering CMA and Double Coin’s Petition, NHTSA agreed, granted the Petition, and exempted CMA and Double Coin from the remedy provisions of the Motor Vehicle Safety Act. See 79 Fed. Reg. 78562.

Contact me for more information or questions on this or other regulatory or product liability matters at 801.531.2000 or steven-bergman@rbmn.com.

Transportation & Commercial Vehicles

TRANSPORTATION & COMMERCIAL VEHICLES


PRACTICE AREA / UTAH TRANSPORTATION ATTORNEYS

Attorneys from Richards Brandt are members of the Defense Research Institute, the Utah Defense Lawyers Association, and the American Bar Association. They have the experience to assist you or your company with issues arising out of the operation of commercial vehicles, public transportation or related areas.

Attorneys from Richards Brandt are members of the Defense Research Institute, the Utah Defense Lawyers Association, and the American Bar Association. They have the experience to assist you or your company with issues arising out of the operation of commercial vehicles, public transportation or related areas.

  • Commercial Vehicle Personal Injury Accidents
  • Commercial Vehicle Property Damage Claims & Insurance Coverage
  • Federal Motor Vehicle Safety Standards (FMVSS), CFR 49
  • Recalls and Administrative Action
  • Public Transportation Defense Issues


COMMERCIAL VEHICLE PERSONAL INJURY ACCIDENTS



Defending companies against personal injury claims is a significant focus in our practice. Motor vehicle manufactures, motor vehicle equipment manufacturers, and companies using commercial vehicles are targets for personal injury claims, sometimes before an accident occurs. Our attorneys are committed to defending you and your company.

RECENT TRANSPORTATION & COMMERCIAL VEHICLES LAW UPDATES





TRANSPORTATION ATTORNEYS AT RICHARDS BRANDT IN SALT LAKE CITY



COMMERCIAL VEHICLE PROPERTY DAMAGE CLAIMS & INSURANCE COVERAGE

Property damage comes in many forms. We can help you recover as much of your property as possible, as well as evaluate your insurance policies to determine if you have enough coverage moving forward to protect your assets.

Transportation companies face significant risks every time one of their vehicles hits the road. Insurance companies provide as much coverage as required or desired by the insured. Working with an attorney to evaluate your coverage is a critical step in a good risk management plan.

Preparing for the inevitable claim before it happens provides every organization the peace of mind and confidence that they have protected their business and livelihood.

FMVSS REGULATIONS & COMPLIANCE

Commercial vehicles and equipment are regulated by state and federal laws including The Federal Motor Vehicle Safety Standards under the Department of Transportation and the National Highway Traffic Safety Administration. These laws change regularly, and compliance is required to sell motor vehicles or motor vehicle equipment for use on U.S. roads. Our attorneys can help your organization be prepared to face these regulations with confidence. We will review your policies and practices, make recommendations and work with you to implement best practices.

Interstate, intrastate and international transportation is complex. Our attorneys have worked throughout the U.S., Canada, and Mexico to resolve claims involving multiple parties.

RECALLS AND ADMINISTRATIVE ACTIONS

Our attorneys have assisted clients when regulators begin administrative actions to recall a vehicle or motor vehicle equipment. We have helped clients avoid recalls through Petitions for Inconsequential Determination as well as worked with NHTSA once a recall is ordered or a client determines that a recall is necessary.

COMMERCIAL VEHICLE HIRING AND EMPLOYMENT ISSUES

Your attorney not only has years of experience dedicated to the trucking and commercial vehicle industry but has worked with clients to address their labor and employment needs.

Employees are a significant investment for any company and sometimes present risks for a company both internally and externally. We work with companies to implement best practices and train your employees on complying with applicable transportation laws. Ongoing training and reinforcing specific guidelines are necessary for your employees’ success and makes up a significant portion of regulatory compliance under the law. Our attorneys work with you to identify what your supervisors and employees need to know to be successful, and practices they must adopt in order to protect the organization as a whole.

Training and proactive risk management efforts create a strong defensible position and go a long way with the courts should you have to face a lawsuit.

Several other laws impact trucking, commercial vehicles and public transportation companies including Americans with Disabilities Act (ADA), Fair Labor Standards Act (FLSA), Family & Medical Leave Act (FMLA) and those discrimination claims that fall under the EEOC. Our Labor & Employment attorneys work with our Transportation group to deliver the most comprehensive legal counsel available to transportation businesses.

TALK WITH US

FREQUENTLY ASKED QUESTIONS (FAQS)



BUSINESS TRANSACTIONS & CORPORATE GOVERNANCE / FEATURED FAQS



Answered by:

Barry G. Scholl

Barry Scholl

Shareholder, Cybersecurity Section Chair and Business Practice Chair

A: To decide which entity is right for you, we look at: liability, taxation, and maintenance. Both corporations and LLC’s have limited personal liability—this means that owners are usually not responsible for business debts. However, corporations and LLC’s are taxed very differently—corporations are classified as a separate taxable entity, whereas LLC’s are typically taxed as a pass-through entity (unless you choose otherwise). And corporations and LLC’s have different levels of maintenance—LLC’s have fewer reporting requirements and can operate solely with members acting as the managers. Conversely, corporations are required to hold certain annual meetings, keep certain records, and appoint boards and officers to manage the company for the stockholders. Every situation is unique so we recommend that you consult with an attorney in making your decision. Contact our firm, Richards Brandt, if we can help you decide which entity is right for you.

Answered by:

Barry G. Scholl

Barry Scholl

Shareholder, Cybersecurity Section Chair and Business Practice Chair

A: To decide which entity is right for you, we look at: liability, taxation, and maintenance. Both corporations and LLC’s have limited personal liability—this means that owners are usually not responsible for business debts. However, corporations and LLC’s are taxed very differently—corporations are classified as a separate taxable entity, whereas LLC’s are typically taxed as a pass-through entity (unless you choose otherwise). And corporations and LLC’s have different levels of maintenance—LLC’s have fewer reporting requirements and can operate solely with members acting as the managers. Conversely, corporations are required to hold certain annual meetings, keep certain records, and appoint boards and officers to manage the company for the stockholders. Every situation is unique so we recommend that you consult with an attorney in making your decision. Contact our firm, Richards Brandt, if we can help you decide which entity is right for you.

Answered by:

Barry G. Scholl

Barry Scholl

Shareholder, Cybersecurity Section Chair and Business Practice Chair

A: To decide which entity is right for you, we look at: liability, taxation, and maintenance. Both corporations and LLC’s have limited personal liability—this means that owners are usually not responsible for business debts. However, corporations and LLC’s are taxed very differently—corporations are classified as a separate taxable entity, whereas LLC’s are typically taxed as a pass-through entity (unless you choose otherwise). And corporations and LLC’s have different levels of maintenance—LLC’s have fewer reporting requirements and can operate solely with members acting as the managers. Conversely, corporations are required to hold certain annual meetings, keep certain records, and appoint boards and officers to manage the company for the stockholders. Every situation is unique so we recommend that you consult with an attorney in making your decision. Contact our firm, Richards Brandt, if we can help you decide which entity is right for you.



BUSINESS TRANSACTIONS & CORPORATE GOVERNANCE – CASE STUDIES





Utah Manufacturing Company Needed Employment Contracts For Key Staffers




Utah Construction Company Needed Planning For Business Growth & Protection




Utah Family Enterprise Needed Guidance and Representation to Sell Business

REVIEWS




“Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat.”

“Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat.”

“Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat.”




Copyright © 2021-2022 by Richards Brandt. All rights reserved. Attorneys located in Salt Lake City, Utah