United States: Transportation Developments In The Trump Administration's First 100 Days

Linda Auerbach Allderdice is a Partner in the Los Angeles office

Michael Cavanaugh and David Kully are Partners and Eric Lee is an Associate in the Washington D.C. office

Lawrence Hamilton II and Andrew Steif are Partners in the Jacksonville office

Michael Maroney is Partner in the Boston office

Jameson Rice is an Associate in the Tampa office

In January 2017, Holland & Knight Transportation & Infrastructure lawyers and senior advisors prepared 20 posts for the 20 days leading to President Donald Trump's inauguration regarding what to expect from the Trump Administration, the first session of the 115th Congress and how business planning could be impacted for those in the industry. In this alert, we have prepared updates, if relevant, on transportation-related developments in the Trump Administration's first 100 days, including issues involving Maritime, Motor CarriersRail and Antitrust.

Maritime

Maritime Observations: Not Exactly Smooth Sailing, But Infrastructure Still a Focus

By J. Michael Cavanaugh and Eric Lee

With President Donald Trump's 100th day just completed, the trend towards protectionism continues, but Congress has not passed legislation that would convert the president's most protectionist ideals into law. Even so, there are common objectives among the two branches. Both the president and Congress seem keenly aware that certain aspects of the U.S. infrastructure are in desperate need of upgrades. For instance, the White House and Congress, at different times, have noted the need to help ports and marine terminals invest to ensure that the broader economy remains strong. In this administration, the U.S. maritime industry remains topical.

At the agency level, however, the first 100 days have been a mix of rhetoric, change and confusion, all of which comes with any presidential transition as the agencies adjust to their new chief executive. Some agency activities have raised more concern than others. As an example, U.S. Customs and Border Protection's (CBP) revocation of decades of CBP ruling letters remains a contentious issue, with no clear indication of how CBP will reconcile the realities of the offshore industry, constituent compliance, and its policy position both internally and with the White House. The CBP revocation sits at the cross roads of protectionism, oil and gas industry needs, environmental security and federal regulation – with each begging for a greater weight in the regulatory balancing act. CBP's position over the past several decades suggested that the balance had been struck, yet here we are in another flurry of comments – for the third time in as many presidents.

Given President Trump's broad goals of protecting U.S. interests, it will not be surprising to see more agency-level activity that fleshes out protectionist goals when and where the executive branch can push. Larger, more complex goals will obviously require congressional buy-in, but that is not far-fetched for many of the more prominent maritime concerns. For instance, the idea of supporting maritime infrastructure investment – in particular, sea ports and their terminals – appears to be within reach, with long-term port and terminal infrastructure needs percolating to the top. As we noted prior to his inauguration (see Holland & Knight's alert, " Sailing with the Trump Transition: Cargo, Cabotage and Maritime Infrastructure in 2017," Jan. 5, 2017), President Trump has more than two centuries of challenging history to consider in drafting his policy and structuring his programs. For most of those atop the maritime industry's wish list, he will need Congress to support him.

To find out more about how these plans could affect your company, whether domestic or internationally based, contact Michael Cavanaugh, Eric Lee or Chris Nolan, who will continue to work with stakeholders to shape the process for the future.

Motor Carriers

Momentum Stalls on Speed Limiter Rule

By Lawrence J. "Larry" Hamilton II and Jameson B. Rice

In an earlier article (see Holland & Knight's alert, " Will the Trump Administration Hit the Brakes on the Speed Limiter Rule?", Jan. 9, 2017), we addressed whether the Trump Administration would hit the brakes on the controversial Speed Limiter rule proposed by the U.S. Department of Transportation (DOT), the National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration. The answer appears to be yes, because the proposed rule has stalled and it appears unlikely that it will be enacted anytime soon, if ever.

As previously reported, in the Notice of Proposed Rulemaking dated Sept. 7, 2016, it was proposed that each new multipurpose passenger vehicle, truck, bus and school bus with a gross vehicle weight rating of more than 11,793.4 kilograms (26,000 pounds) be equipped with a speed limiting device. The speed limits suggested for trucks in the proposed rule are 60, 65 and 68 mph.

According to DOT, requiring speed limiting devices on heavy vehicles could save lives and an estimated $1 billion in annual fuel costs. The proposed rule has been criticized by numerous groups on the basis that it is based upon insufficient data and fails to make a recommendation regarding which of the three proposed speeds it believes is best and why. In addition, many commenters on the proposed rule argue that the rule is not needed and have even argued that the disparity in speed between trucks and cars would lead to more accidents.

It seems clear for the foreseeable future that President Donald Trump's focus on reducing burdensome government regulations will result in the rollback, repeal or cessation of pending regulations and reduce the number of new regulations. The proposed Speed Limiter Rule lacks widespread support and, in the face of the resistance to new regulations, its passage is in jeopardy. For instance, a broad coalition of 17 trade groups opposing the proposed rule sent a letter on March 21, 2017, to Transportation Secretary Elaine Chao, copying certain members of Congress, opposing the proposed Speed Limiter rule and other regulations cited in President Trump's Jan.30, 2017, Executive Order titled "Reducing Regulation and Controlling Regulatory Costs." The proposed Speed Limiter Rule was identified as a significant regulation whose cost to industries was not justified by meaningful safety or economic value.

As a result of the strong opposition to the proposed Speed Limiter Rule, and the questions that have been raised about whether the rule is needed and whether there is sufficient data in support of the proposed rule, there does not appear to be sufficient momentum for the rule to be enacted.

Electronic Logging Device Rule Remains in Place But Faces Continued Industry Opposition

By Lawrence J. "Larry" Hamilton II and Jameson B. Rice

In an earlier article (see Holland & Knight's alert, " Is There an Opening to Withdraw or Modify Electronic Logging Device Rule," Jan. 13, 2017), we discussed whether the Trump Administration might withdraw or modify the controversial final Electronic Logging Device (ELD) rule, published by the Federal Motor Carrier Safety Administration (FMCSA) on Dec. 16, 2015. As the Trump Administration's first 100 days winds to a close, the answer so far is "No." But that does not mean the industry forces against the rule have thrown in the hat.

By way of background, an ELD synchronizes with a vehicle engine to automatically record driving time for purposes of reporting hours of service (HOS). Subject to exceptions contained within the rule, the rule applies to most carriers and drivers who are required to maintain record of duty (ROD) status. It bears noting that Congress initiated the rule in 2012, mandated as part of the Moving Ahead for Progress in the 21st Century Act (MAP-21). It calls for the Secretary of Transportation to adopt regulations requiring ELD use in commercial motor vehicles (CMVs) involved in interstate commerce, when operated by drivers who are required to keep ROD status.

The effective date of the rule was Feb. 16, 2017, and the compliance date is Dec. 18, 2017, after which there is a two-year phase-in period. Accordingly, beginning Dec. 16, 2019, all drivers and carriers subject to the rule must use certified, registered ELDs that comply with the ELD rule and regulations.

We noted previously that the rule had been the subject of an unsuccessful legal challenge by the Owner-Operator Independent Drivers Association (OOIDA), which challenged the rule arguing, among other issues, that it violated the Fourth Amendment's prohibition against unreasonable searches and seizures. However, the U.S. Court of Appeals for the Seventh Circuit rejected OOIDA's arguments and upheld the ELD rule. In a last-ditch effort to invalidate the ELD rule, on April 12, 2017, OOIDA filed a petition asking the U.S. Supreme Court to accept a further appeal.

To date, notwithstanding its strong stance against burdensome regulations, the Trump Administration has not signaled that it will modify the ELD rule or delay its implementation. Nonetheless, a broad coalition of industry groups opposing the rule have not given up the fight. In a March 21, 2017, letter to Transportation Secretary Elaine Chao, copying certain members of Congress, 17 trade groups opposing the ELD rule and other regulations cited President Donald Trump's Jan.30, 2017, Executive Order titled "Reducing Regulation and Controlling Regulatory Costs." That Executive Order calls for the rollback, repeal or cessation of pending regulations and for a reduction in the number of new regulations. The opponents of the ELD rule asserted in the letter that:

"The ELD mandate alone is estimated to cost a whopping $2 billion, making it one of the most expensive of all federal rulemakings advanced by the Obama Administration. Because the technology is primarily used to manage large fleets of vehicles and is incapable of automatically recording changes in a driver's duty status, this mandate comes with no economic or safety value for our members or the wide range of customers who rely on truck transportation. Meanwhile, the small number of large corporations that benefit from the utilization of ELDs are already using the technology to monitor their productivity. In light of these factors, implementation of the mandate will force our members to bear all the $2 billion in costs associated with the installation of these devices, imposing wholly unnecessary financial and compliance burdens on American businesses of all sizes."

Thus, although the battle to avoid ELDs has so far been lost at the agency level and in court, whether the Trump Administration will reverse course in the face of strong industry opposition remains to be seen. In the meantime, motor carriers need to be mindful of the upcoming compliance deadline and requirements.

Trump's DOT Still Supports Mexican Carrier Rule, But Other Attacks Loom

By Lawrence J. "Larry" Hamilton II

An earlier article (see Holland & Knight's alert, " NAFTA Discussions May Alter New Rule on Lease of Equipment by Mexican Carriers," Jan. 13, 2017), discussed the Trump Administration's expected renegotiation of, and potential withdrawal from, the North American Free Trade Agreement (NAFTA). Against that backdrop, the potential impact of those renegotiations on the new rule of the Federal Motor Carrier Safety Administration (FMCSA) permitting Mexico-domiciled motor carriers to lease their equipment to U.S. motor carriers (the Mexican Carrier Rule) was discussed. Incidentally, the Mexican Carrier Rule became effective on Nov. 22, 2016, shortly after the election, following an earlier pilot program. Many believe the pilot program and rule resulted, at least in part, to avoid the imposition of retaliatory tariffs exceeding $2 billion on numerous products. Mexico imposed the tariffs based upon its contention that the U.S. was discriminating against Mexican trucks in violation of NAFTA's terms.

Since the inauguration, President Donald Trump's stance and rhetoric on NAFTA have softened somewhat. While the Trump Administration clearly intends to negotiate with Mexico and Canada, and will likely do so under the threat of U.S. withdrawal from NAFTA, the recent tone of the comments from the administration appear to be pointing toward a renegotiation that would maintain strong trade relationships with Mexico and Canada.

In the meantime, the administration does not appear to have retreated, yet at least, from the Mexican-Carrier Rule. While in many other instances, the Trump Administration has openly changed positions in lawsuits initiated by or against the Obama Administration, in a recent oral argument before the U.S. Court of Appeals for the Ninth Circuit, the U.S. Department of Transportation (DOT) continued to advocate in favor of the Mexican-Carrier Rule. The position of the current administration was unequivocally stated on the record in an appeal by the Teamsters, joined in by intervenor Owner-Operator Independent Drivers Association (OOIDA). In the appeal, the Teamsters and OOIDA argued that the DOT's acceptance of applications from Mexico-domiciled motor carriers for permanent operating authority to haul freight in the U.S. was improper and based on inadequate study and data.

At a March 15, 2017, oral argument in response to direct questions from the Ninth Circuit judges deciding the case, DOT's legal counsel confirmed that the agency was still accepting and granting new applications from Mexican motor carriers and stated that "nothing has changed" as a result of the change in administrations.

Nonetheless, it is possible that the Mexico-Carrier Rule could be invalidated, in whole or in part, by the Ninth Circuit. In addition, the rule is likewise the subject of a collateral attack by Rep. Peter DeFazio (D-Ore.). On Feb. 16, 2017, Rep. DeFazio introduced the "Blueprint for America's New Trade Policy," which DeFazio described as principles for renegotiating NAFTA. The resolution calls for NAFTA's replacement, which, among other changes, "should require all foreign service providers' vehicles and drivers entering the United States to meet all United States highway safety and environmental standards before being granted access to and use of United States distribution and transportation systems."

So, while NAFTA continues to be a source of headlines and discussions, the Mexican-Carrier Rule remains in place but will also need to weather independent attacks.

Proposed Safety Fitness Determination Rule Withdrawn, Unlikely to Return

By Lawrence J. "Larry" Hamilton II and Jameson B. Rice

In an earlier article (see Holland & Knight's alert, " Is the Proposed Safety Fitness Determination Rule in Jeopardy?", Jan. 20, 2017), we addressed whether the Trump Administration would proceed with the proposed Safety Fitness Determination (SFD) rule. The rule would update the Federal Motor Carrier Safety Administration's (FMCSA) safety fitness rating methodology by integrating on-road safety data from inspections, along with the results of carrier investigations and crash reports, to determine a motor carrier's overall safety fitness on a monthly basis. The proposed SFD rule would update FMCSA's safety fitness rating methodology and replace the current three-tier federal rating system of "satisfactory-conditional-unsatisfactory" for federally regulated commercial motor carriers (in place since 1982) with a "fit" or "unfit" rating. The FMCSA published the Notice of Proposed Rulemaking (NPRM) with respect to the SFD on Jan. 21, 2016.

The proposed SFD rule would use Compliance, Safety, Accountability (CSA) data to classify the most at-risk carriers. CSA is the FMCSA's safety compliance and enforcement program, which uses Safety Management System (SMS) data to analyze carrier safety. The proposed rule was under consideration as required by the 2015 Surface Transportation bill, the Fixing America's Surface Transportation (FAST) Act. However, industry opponents of the SFD rule argue that the underlying SMS data is inaccurate.

Congress and the Obama Administration's FMCSA clashed over the use of CSA data. The Trump Administration has announced that it will implement a reduction in government regulations, announced in President Donald Trump's Executive Order titled "Reducing Regulation and Controlling Regulatory Costs." That being the case, and in the face of strong opposition to the SFD rule, it is not surprising that the FMCSA formally withdrew the proposed rulemaking in March 2017, stating that it "must receive the Correlation Study from the National Academies of Science, as required by the Fixing America's Surface Transportation (FAST) Act, assess whether and, if so, what corrective actions are advisable, and complete additional analysis before determining whether further rulemaking action is necessary to revise the safety fitness determination process." 82 Fed. Reg. 14848 (March 23, 2017).

The Correlation Study is expected to be completed in June 2017. Thereafter, the FMCSA will evaluate whether to issue another proposed SFD rule. However, given the current headwinds against new regulations generally, and the opposition that industry opponents have raised with respect to this particular proposed rule, it is not expected that the SFD rule will be back in the foreseeable future.

Administration Hands Trucking Companies a Quick Victory on Use of CSA Data

By Jameson B. Rice

In an earlier article published just before President Donald Trump's inauguration (see Holland & Knight's alert, " Carriers Advocate for Data-Driven Regulations," Jan. 19, 2017), it was noted that railroads and trucking companies were aligned in their desire for regulations based on demonstrable data. Trucking companies have already received an early victory from the Trump Administration with respect to the use of Compliance Safety Accountability (CSA) data.

The trucking industry has long taken issue with the CSA data collected by the Federal Motor Carrier Safety Administration (FMCSA), calling into question whether that data is a good indicator of a trucking company's safety. CSA data is the safety data aggregated by the FMCSA and broken down into categories (BASICs), much of which had been public, and used to assess the safety of a motor carrier. Congress has required that the data be removed from public view while its efficacy is studied. Nevertheless, under the Obama Administration, the FMCSA issued an Notice of Proposed Rulemaking, indicating its intent to increase the use of CSA data as part of its safety fitness determinations. 81 Fed. Reg. 3562 (Jan. 21, 2016).

The FMCSA formally withdrew the proposed rulemaking in March 2017, stating that it "must receive the Correlation Study from the National Academies of Science, as required by the Fixing America's Surface Transportation (FAST) Act, assess whether and, if so, what corrective actions are advisable, and complete additional analysis before determining whether further rulemaking action is necessary to revise the safety fitness determination process." 82 Fed. Reg. 14848 (March 23, 2017). Critics of the rule appear to have convinced the FMCSA that it should, at minimum, take a wait-and-see approach regarding CSA data.

Independent Contractor Model Remains a Target

By Linda Auerbach Allderdice, Lawrence J. "Larry" Hamilton II and Michael T. Maroney

Our earlier article (see Holland & Knight's alert, " Will Trump Administration Curb the Recent Targeting of Independent Contractors?", Jan. 17, 2017) addressed whether the Trump Administration would attempt to turn the tide and promote regulatory and legislative initiatives that would favor the independent truck driver as a small business or shun the mantle of federal regulation in favor of a state's right to regulate the way in which the interstate trucking business is conducted. As its first 100 days comes to a close, the Trump Administration has not, as yet, reigned in the Obama Administration's targeting of the independent contractor model. However, the battle wages on in the courts and in Congress.

As previously reported, the defense of pre-emption under the Federal Aviation Administration Authorization Act of 1994 (FAAAA) has not completely shielded motor carriers from lawsuits alleging that the use of independent contractor truck drivers violates state wage and hour laws. Nonetheless, motor carriers continue to assert the defense. See, e.g., Remington v. J.B. Hunt Transport, Inc., C.A. No. 15-10010 (D. Mass.), Dkt. No. 67 (motion for judgment on the pleadings based in part on FAAAA preemption pending). In addition, it appears that the Senate Committee on Appropriations is considering new legislation aimed at addressing some of the FAAAA pre-emption issues that have arisen recently.

Meanwhile, many are disappointed that the U.S. Department of Labor and the National Labor Relations Board have not yet signaled a reversal of course on the Obama-era positions assailing the independent contractor model. Private litigation also continues to challenge the independent contractor model traditionally used by motor carriers while settlements of long-standing litigation have been reported at a faster pace. Moreover, as long as states continue to encourage targeting companies that operate with independent contractors, it will be difficult to put the genie back in the bottle even if the federal government does back off on the issue.

Rail

Trump Keeps Promise to Coal Industry, But How Much Will It Help?

By Jameson B. Rice

In an earlier article leading up to President Donald Trump's inauguration (see Holland & Knight's alert, " Railroads May Benefit if Trump Keeps Promise to Energize Coal Industry," Jan. 19, 2017), it was noted that a few factors have negatively impacted the transportation of coal, including the relatively low price of natural gas and regulatory burdens with respect to coal. As a result, structural changes have already been made by power plants and railroads to move away from coal, and any improved coal prospects would need to be both substantial enough and sustained enough to alter the long-range planning of both industries and justify the large capital expenditures that would likely be necessary to utilize substantially more coal.

Among the many Executive Orders (EO) issued by President Trump in his first 100 days was "Promoting Energy Independence and Economic Growth," issued on March 28, 2017, which, among other things, focuses on putting coal miners back to work, a Trump campaign promise. (For a detailed analysis of the EO, see Holland & Knight's alert, " A Closer Look at President Trump's Executive Order on Energy Independence," April 12, 2017.)

Soon after the release of the EO, some media outlets have included similar statements regarding a return to the use of coal, including CNNMoney ("The falling price of natural gas is the primary reason for the plunge in use of coal by utilities") and NPR ("Renewable energy is surging. Natural gas is cheaper. The market forces just don't play in coal's favor"). However, some power plants might be able to take advantage of a coal resurgence. Jim Matheson, CEO of the National Rural Electric Cooperative Association, told NPR, "Some of our members are in a situation where they've got very expensive coal plants that had some investments made just recently for pollution control, and having the capacity to or the flexibility to run those and pay those down is really important to them and their particular consumers."

Railroads have made recent public statements that coal revenue is not something railroads should depend on long term. That said, a recent report from the Association of American Railroads showed that coal traffic in the first week of April was up 29 percent year-over-year. As mentioned in the previous article, one category of coal that presents an opportunity for increased rail transportation is export coal. If President Trump's EO or further congressional action is able to increase coal traffic, even marginally, railroads would benefit in the short term and it might smooth the transition to other commodities.

Antitrust

Antitrust Enforcement Under Trump: Less Intervention But Not Abandonment

By David C. Kully and Andrew J. Steif

Since the inauguration, the Trump Administration's antitrust enforcers at the Antitrust Division of the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) have not taken any formal actions that reveal how aggressive the new Administration will be in enforcing federal antitrust laws (see Holland & Knight's alert, " Will Trump Relax DOJ's Enforcement of Antitrust Laws?", Jan. 17, 2017). But the Administration has offered some clues, and those clues point to a less-interventionist approach to antitrust enforcement than we saw during the Obama Administration – but by no means an abandonment of antitrust enforcement altogether.

On March 27, 2017, President Donald Trump picked Makan Delrahim to head up antitrust enforcement at the DOJ. Delrahim served at the DOJ during the George W. Bush Administration, and, in that role and in other antitrust-related policy work in which he has been involved in the past, has established a strong reputation for principled, evidence-based enforcement of antitrust laws. He will likely not shy away from challenging mergers or anticompetitive conduct when intervention is warranted, but he is unlikely to support pushing the enforcement envelope by bringing cases based on novel economic theories. For example, Delrahim reportedly stated when AT&T's acquisition of Time Warner was announced in October 2016 that the deal, currently under review at the DOJ, was unlikely to pose antitrust problems because it did not involve the merger of direct competitors. (Trump, then the Republican presidential nominee, stated his disapproval of the deal at the time it was announced.)

At the FTC, President Trump named Commissioner Maureen Ohlhausen to serve as acting chair. She, like Delrahim, has a long track record of supporting antitrust enforcement but urges "regulatory humility" generally, respect for intellectual property rights and cases based on sound economic theory. Ohlhausen, for instance, opposed the FTC's challenge, in the closing days of the Obama Administration, to Qualcomm's patent licensing practices as "based on a flawed legal theory ... that lacks economic and evidentiary support." Ohlhausen also further demonstrated that the FTC will take a more humble enforcement approach than it did in the Obama Administration by touting the FTC's recent efforts to reduce the burden that FTC information requests impose on the businesses that receive them.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions