Transportation and Logistics



Meet the Co-chairs - TAGLAW


de Zwart, Stijn
Nysingh advocaten-notarissen N.V.
stijn.dezwart@nysingh.nl


Dwyer, Peter
Piper Alderman
pdwyer@piperalderman.com.au


Meet the Co-chairs - TAG-SP


Hove, John
Scopelitis, Garvin, Light, Hanson & Feary, P.C
jhove@scopelitis.com



Over the past two decades transport undertakings have made a much progress in digitalization and automation. Routes are being scheduled automatically and GPS-tracking and the digital tachograph are looking after the safety of the driver and the transported goods. However, in the use of the electronic consignment note digitalization has lagged behind; it is routine for a paper version of the consignment note to be passed from hand to hand. This article discusses the Benelux pilot with electronic freight note, an initiative which will, in time, wholly change this situation.

Read more: e-CMR: Benelux pilot electronic freight note


In a case closely watched by the transportation industry, this morning the U.S. Supreme Court issued its opinion in New Prime, Inc. v. Oliveira.

The case involved the exemption from the Federal Arbitration Act (FAA) for “contracts of employment” with “transportation workers.” Mr. Oliveira worked as an owner-operator under lease to New Prime and later sued the company, claiming he had been misclassified as an independent contractor. (For more background on New Prime, we previewed the issues presented in the case here, and we recapped the oral argument here.)

Read more: U.S. Supreme Court Unanimously Declares Owner-Operators Exempt from the Federal Arbitration Act


Author: Duygu Oner

Introduction

The general principles on maritime enforcement are set out in Turkish Commercial Code ("TCC") numbered 6102. On the other hand, Turkey has ratified the International Convention on Maritime Liens and Mortgages, signed in Geneva on 6 May 1993 and the International Convention on the Arrest of Ships, signed in Geneva on 12 March 1999 and both conventions have been come into force on 25 March 2017. The provisions of these two conventions have already been taken into consideration by the drafting committee of the code, and the relevant provisions have been incorporated into the TCC in preparing the same. This newsletter reviews the principles and provisions stipulated in the TCC for the arrest of ships.

Read more: Arrest of Ships under Turkish Law


Recent amendments to the Heavy Vehicle National Law now place a primary duty on each party in the chain of responsibility to ensure the safe operation of heavy vehicles.

Partner, Maria Capati, and Special Counsel, Ben Motro, review these changes and what it means for the transport industry.

Recent amendments to the Heavy Vehicle National Law (HVNL) in Queensland from 1 October 2018, now place a primary duty on each party in the chain of responsibility (CoR) for a heavy vehicle to ensure, so far as is reasonably practicable, the safety of the party’s transport activities relating to the vehicle.

This is a significant development as it now provides that heavy vehicle operators can be liable for failing to implement CoR practices, irrespective of whether an accident or incident has even occurred. For that reason, it is imperative that all parties within the chain understand the obligations imposed upon them by these amendments.

Read more: Amendments to the Heavy Vehicle National Law - Understanding your role within the Chain of...