Mr. Wiseman’s practice is devoted to serving clients on awide variety of legal issues directly affecting thetransportation industry, with a concentration on USDOTregulatory and hazardous materials compliance.
PROFILE
Brandon K. Wiseman regularly counsels clients on anarray of regulatory and transportation-related issues. Hedefends USDOT safety audits and civil penaltyproceedings; conducts on- and off-site due diligenceaudits in many areas, including USDOT compliance andindependent contractor classification; and representsclients before administrative agencies, including stateunemployment taxing authorities. Mr. Wiseman is afrequent speaker before transportation industry groups,lecturing on such topics as USDOT compliance andindependent contractor classification.
PRACTICE AREASRegulatory, DOT, and Hazardous Materials ComplianceIndependent Contractor IssuesSharing Economy, Autonomous Vehicles, and Emerging Technologies
EDUCATIONAnderson University, B.A.
magna cum laudeIndiana University Robert H. McKinney School of Law, J.D.
ADMISSIONS/MEMBERSHIPS
Bar AdmissionsIndiana (2011)
Court AdmissionsAll Indiana state and federal courts
Indianapolis Bar AssociationIndiana State Bar AssociationTransportation Lawyers Association
ON THE ROADModel UpdateSep 20, 2019, Canadian Transport Lawyers Association’s 2019 Annual Conference -Winnipeg, Manitoba Arbitration Hits the Skids: Unpacking the New Prime Opinion and What it Means forArbitration with Owner-OperatorsJan 28, 2019, Scopelitis Webinar Series What to Expect from the DOT in 2019 and BeyondJan 17, 2019, Scopelitis Webinar Series FMCSA Regulatory Forecast 2017Jan 26, 2017, Scopelitis Webinar Series
PUBLICATIONSLaw Alert: FMCSA Extends Emergency Declaration Through June 14, 2020
The FMCSA announced an extension of its Emergency Declaration through June 14,2020, allowing motor carriers and drivers providing direct assistance to the COVID-19emergency relief efforts to continue operating under the exemptions set forth in thedeclaration through that date.
Law Alert: FMCSA Extends Emergency Declaration Through May 15, 2020FMCSA has extended its Expanded Emergency Declaration through May 15, 2020,allowing motor carriers and drivers providing direct assistance to the COVID-19emergency relief efforts to continue operating under the exemptions set forth in thedeclaration through that date. Read more about the expanded declarations list and otherkey points regarding this news.
Scopelitis in the News: "Keeping Trucks Moving During The Coronavirus Outbreak." March31, 2020. Law360.
Scopelitis Partner Brandon Wiseman on the role trucking has played and will continue toplay in COVID-19 relief efforts.
Law Alert: FMCSA Issues Temporary Waiver for Drivers with Expiring CDLs, CLPs,Operator’s Licenses, and Medical Cards
FMCSA issued a limited waiver for commercial drivers whose CDLs, CLPs, operator’slicenses, and/or medical cards have expired or are set to expire after March 1, 2020. Thewaiver, which is effective immediately and valid through June 30, 2020, comes inresponse to state DMV and medical clinic closures that have made it difficult forcommercial drivers to renew expiring licenses and medical cards in the midst of theCOVID-19 pandemic.
Law Alert: FMCSA Issues Expanded Emergency Declaration for COVID-19 Relief EffortsFMCSA issued an Expanded Emergency Declaration on Wednesday afternoon, adding tothe list of transportation services covered under the exemption and clarifying the
exemption’s carve-out for “mixed loads.”Law Alert: FMCSA Issues Federal Emergency Declaration and Limited Regulatory Reprievefor COVID-19 Relief Efforts
The FMCSA has issued an emergency declaration, temporarily suspending certain federalsafety regulations, including hours-of-service rules, for motor carriers and driversproviding vital supplies and services in response to the COVID-19 pandemic.
Transportation Brief: Hemp Transportation Remains Risky BusinessDetermining whether hemp qualifies for safe harbor is no easy feat. Read more about thecomplicating factors that go into determining whether or not to accept shipments of hempand hemp-derived products.
Transportation Brief: FMCSA Proposes Revisions to Hours of Service RulesIn mid-August, FMCSA released its highly-anticipated hours-of-service Notice ofProposed Rulemaking with the stated goal of enhancing safety by giving commercialdrivers more flexibility. Read more about the proposal's five main components and what'sto come.
Law Alert: FMCSA Opens Drug & Alcohol Clearinghouse RegistrationScopelitis and STC on how motor carriers can prepare for the January 6, 2020 FMCSADrug & Alcohol Clearinghouse compliance date.
Scopelitis in the News: "The Great Opportunity that Comes with Your Data." August 29, 2019.FreightWaves
Scopelitis Partner Brandon Wiseman in FreightWaves on how technology such as dashcams, electronic logging devices (ELD), telematics and even diagnostics systems arehelping fleets better manage their drivers and assets.
Scopelitis in the News: "Key Changes In Proposed Trucker Hours-Of-Service Rules." August27, 2019. Law360.
Scopelitis Partner Brandon Wiseman on FMCSA's highly anticipated notice of proposedrulemaking on hours of service, or HOS, for truck drivers.
Law Alert: FMCSA's Proposes Significant Revisions to HOS RulesScopelitis attorneys on the FMCSA's highly-anticipated hours-of-service Notice ofProposed Rulemaking (NPRM).
Transportation Brief: Canada’s Final ELD RuleWhile there is significant overlap between Canada's recently-published final ELD ruleand the U.S. ELD rule, there are notable differences of which cross-border motor carriersshould be aware.
Transportation Brief: Spotlight on Scopelitis Emerging Tech PracticeThe way transportation companies conduct business today is changing quicker than ever,with technology presenting new opportunities and challenges. The Scopelitis Firmactively follows these changes and frequently assists newly-formed, technology-basedtransportation companies and established companies that seek to adopt new technologiesto enhance their existing business model.
Transportation Brief: Transporting Hemp Still Risky Business After 2018 Farm BillThe 2018 Farm Bill (the Bill) removed hemp and hemp-derived products—provided theycontain a THC concentration of 0.3% or less—from the Controlled Substances Act’s
definition of marijuana, effectively decriminalizing the transportation of those products atthe federal level. But, as some carriers and their drivers have learned, states can prohibittransportation of hemp and related products within their borders.
Law Alert: Idaho and Other States Dig In Their Heels on Interstate Hemp TransportationMore from Scopelitis on the Big Sky Scientific, LLC v. Idaho State Policecase involving shipments of hemp that pass through their borders.
Law Alert: U.S. Supreme Court Unanimously Declares Owner-Operators Exempt from theFederal Arbitration Act
Read more from Scopelitis on the U.S. Supreme Court opinion in New Prime, Inc. v.Oliveira.
Law Alert: U.S. Supreme Court Hears Oral Argument in New PrimeRead more on the oral argument in New Prime, Inc v. Oliveira a case primarily aboutwhether trucking independent contractors are exempt from the Federal Arbitration Act(FAA).
Video Law Alert: New Prime Oral Argument PreviewRead a preview of next week’s oral argument in a trucking case pending before theUnited States Supreme Court that will significantly impact the use of arbitration toresolve disputes with owner-operators.
Law Alert: FMCSA Declares Regional Emergency and Exemptions in Anticipation ofHurricane Florence
Read more on the Federal Motor Carrier Safety Administration's Regional EmergencyDeclaration and exemption in connection with Hurricane Florence.
Scopelitis in the News: Scopelitis Attorneys Serve as Keynotes at SmartDrive CustomerConferences Spotlight Key Trends and Best Practices in Transportation
Scopelitis Attorneys Annette Sandberg and Brandon Wiseman keynote speakers sold-outSmartDrive customer conferences focused on shared learning and collaboration amongsttransportation industry leaders.
Law Alert: Supreme Court Allows Class Waivers in ArbitrationRead Scopelitis' take on the Supreme Court ruling that Class-Action andCollective-Action Waivers in Arbitration Agreements Do Not Violate the NLRA
Transportation Brief: Full Enforcement of the ELD Mandate CommencesPreviously, ELD violations, though listed on roadside inspection reports and sometimesprompting fines, did not result in out-of-service orders or negatively impact a motorcarrier’s Safety Measurement System (SMS) scores. Now, drivers who are subject to theELD mandate and found to be operating without a device will be placed out of service for10 hours. Read more here.
Law Alert: FMCSA Modifies Guidance to Authorize the Use of AOBRD Software onELD-capable Hardware through December 16, 2019
Read Scopelitis' take on modified FMCSA guidance regarding AOBRD software.Law Alert: Supreme Court to Consider the “Transportation Worker” Exemption from theFederal Arbitration Act
Read Scopelitis' take on the U.S. Supreme Court agreeing to hear an appeal by motorcarrier New Prime, Inc. challenging a decision by the U.S. Court of Appeals for the First
Circuit that found the company’s owner-operators worked under “contracts ofemployment.”
Transportation Brief: ELDs Present Unique Opportunities and Challenges for Shippers andIntermediaries
The ELD mandate, although not directly applicable to anyone other than regulated motorcarriers and their drivers, may have a ripple effect on other industry stakeholders,including shippers and third-party intermediaries.
Law Alert: DOT Adds Four Semi-Synthetic Opioids to Its Industry Drug Testing PanelRead Scopelitis' take on the DOT's Final Rule on four semi-synthetic opioids being addedto its drug testing panel for DOT-regulated industries.
Scopelitis in the News: "CSA Study and Next Steps." September 2017 Logistics CarrierJournal, A Monthly Publication of TIA
Scopelitis Attorneys Nathaniel Saylor and Brandon Wiseman offer a summary ofFMCSA's study of the CSA Program.
Law Alert: First Circuit Denies Full-Court Review of Arbitration Opinion Unfavorable forTransportation Providers
Read more on Scopelitis' take on First Circuit decision. Law Alert: Study Concludes CSA is Sensibly and Reasonably Structured But RecommendsImprovements
Read more on Scopelitis' take on NAS report.Law Alert: FMCSA Withdraws Proposed “Safety Fitness Determination” Rule
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