As we approach the Fourth of July many drivers will be asked to make short-distance deliveries of fireworks to, for example, retail stores and stands. Daily driver’s logs are a custom and practice of commercial drivers; however, an exemption applies to limited distances that satisfy the 100 air-mile radius rule. The Federal Motor Carrier Safety…
Fireworks display companies across the nation should be ‘dancing, dancing, dancing in the streets’ (to coin a San Francisco Bay-area phrase) as a result of the ATF’s timely issuance of a ruling favorably addressing the com-mon practice of open storage ‘pick’ bins. Ruling 2012-2 (indicating the second ruling issued in 2012 calendar year) (the “Ruling”),…
This article analyzes that statutory framework regarding long-arm statutes, while next month’s article will examine the minimum contacts test that courts employ in determining whether or nor long-arm jurisdiction is available. As fireworks retailers expand their business activities outside their state of incorporation a host of related issues pertaining to the exercise of personal jurisdiction…
Any display business understands that the current ATF&E table of distances for storage of display fireworks is nonsensical and needs to be revamped. Particularly disturbing is the fact that when storage of display fireworks exceeds 10,000lbs., net weight, the business needs to comply with the distance table relating to explosives rather than the distance table…