It’s amazing how the government finds ways to expand its reach. You give them an inch and they take a mile. The case of Ex Parte Iratacable, 55 Nev. 263, 30 P.2d 284 (1934) is a perfect example. In that case, the Nevada Supreme Court was asked to consider whether it was constitutional for the legislature to require motor carriers operating in the State of Nevada to be licensed. It is hard to imagine a day when the government was not breathing down the neck of the trucking industry. But this case, decided when automobiles were still a novelty and the interstate highway system was just a dream, reminds us that there was a day long ago when truck owners were responsible for their own safety and oversight . . .
The Nevada Legislature Can Constitutionally Regulate Commercial Carriers, Even If The Only Reason They Are Doing It Is To Raise Money
July 1, 2011 by
In Nevada, a Garage Lien Does Not Disappear Even If The Garage Returns The Truck To The Owner Prior to the Bill Being Paid
June 23, 2011 by
We at Mills & Associates regularly look for situations where the law in Nevada is unique. In the case of liens on trucks held by the garages that service them, Nevada goes against the flow. In most jurisdictions, when a repair shop owner voluntarily surrenders possession of the truck or trailer, it thereby relinquishes any lien that it has established. However, in Nevada, mechanics’ liens are controlled by statute . . .
CSA 2010: Seven Deadly Sins … Plus Three
June 16, 2011 by
For those who fail to comply with CSA 2010’s Safety Measurement Systems, serious financial consequences are soon to follow. Unlike Safe Stat’s pass / fail system, even a single violation identified in an audit can result in automatic failure and the suspension or revocation of a carrier’s authority under CSA 2010. Below are critical items every motor carrier must keep an eye on . . .
Big Trucks Vs Tornado… Photos of Joplin, MO
June 9, 2011 by
It’s difficult to imagine an OTR truck driver who isn’t intimately familiar with the Petro in Joplin, MO. Located just off of I-44, the Joplin Petro truck stop has been a Mecca for OTR drivers for decades. Unfortunately, the devastating tornado that ripped through Joplin, MO on May 23, 2011 traveled right down I-44 . . .
Use + Impairment + Admissibility
June 2, 2011 by
When a case is tried, will evidence of the driver’s prior drug or alcohol use always be given to the jury? The South Carolina Supreme Court gives an answer in the case of Kennedy v. Griffin and Dick Simon Trucking, Inc., 358 S.C. 122, 595 S.E.2d 248 (Ct. App. 2004). In Kennedy, the plaintiff said he got hurt when he ran his car into the back of a stopped semi. Weather was clear and . . .
