- Posted on Friday, October 9, 2015
An article in CCJ reflects information that we have been saying and that was included in the March webinar. Congress is pushing back on FMCSA. Recent headlines:
March 4, 2015 – “Senator Deb Fischer to Offer FMCSA Reform Legislation”
March 6, 2015 – “ATA Calls on FMCSA to Make CSA Improvements”
March 23, 2015 – “Still Waiting on CSA Fix”
March 26, 2015 – “ATA Again Calls on FMCSA to Stop Posting Crash Info on Carriers”
March 30, 2015 – “Opinion – FMCSA Refuses to Recognize CSA Defects”
April 6, 2015 – “Texas, Indiana Counties Issue Most CSA Points, Vigillo’s Bryan Says”
The CCJ April 29th article by James Jaillet was of much interest -"House bill clarifies 34-hour restart rules suspension period, bars FMCSA from increasing carrier liability minimums.” The restart part is important and has impact on how our insureds operate. The information from the ATRI study shows that FMCSA needs to revamp the restart rule, which requires a driver, after 168 hours, to spend 34 hours off duty and the period must include two period of 1 am to 5 am. You can read more from the ATRI study. The big news is the increase in limits. This has been a subject that we have been talking about since Map 21 required the study. The study by FMCSA said an increase was needed and took public input. At the end of last year we provided a blog to ask everyone to give input, which I did. Any increase would have a major effect on the smaller motor carrier and, if the increase would be more than $1,000,000, would have impact on insurance providers. Mr. Jaillet includes the following:
The bill, if passed, would also prevent FMCSA from taking any further action on a potential rule to increase the current $750,000 minimum amount of liability insurance required to be held by motor carriers.
The agency issued last November an Advanced Notice of Proposed Rulemaking seeking questions from industry stakeholders about the minimum and its effectiveness. The current limit was set in the 1980s, and safety groups — and FMCSA — have argued it needs to be increased to keep up with inflation and rising medical costs.
Trucking groups, however, contend that just 1 percent of all trucking-related accidents see claims above $750,000, and just a fraction of a percent see claims above $1 million.
We will be tracking this and attempt to share if the bill becomes law or, if not, what the new requirements will be. These are interesting times for insurer providers to motor carriers. The stand that Congress is taking to "slow" down the FMCSA not only affects the restart and insurance limits but other items that are being proposed by FMCSA - ELD, Drug Clearinghouse, new driver training rules, speed limiters and, most important, the SFD based on road side activities. Keep in touch and plan to attend the Annual Conference, where we will have industry experts to sharing what all of this means to our insureds and to the insurance providers.
Blog by Tommy Ruke, The King Pin – Leading Expert in Truck Insurance