Tag Archives: minimum insurance

The Trucking Alliance Speaks Out on Hours of Service Rules

Truck Safety, , , , , ,

Washington DC 151Washington DC 156

The Trucking Alliance, in October 2014, made a statement about truck drivers’ hours of service rules which included the following: 

“The stark reality is that until there’s a way to verify industry compliance it doesn’t matter what the federal government’s hours of service rules are for truck drivers, because truck drivers can simply ignore these federal rules. *

They can choose to drive as many hours as they want to drive, and they do every day, because truck drivers are only required to fill out a paper logbook, writing down their driving time, and paper logbooks are easily falsified.

Enforcement of these federal hours of service rules relies on state commercial vehicle safety agencies to conduct roadside reviews and audits. While these agencies perform well, they are largely underfunded and undermanned to assure the public that truck drivers are obeying the law.

So nobody really knows who is and who is not following these federal hours of service rules because paper logbooks easily allow truck drivers to exceed their maximum number of hours behind the wheel.

That’s why the Alliance prefers a deliberate process in which a 2012 congressional mandate is accelerated to require electronic logging devices in all commercial trucks.Congress actually passed this legislation in its last transportation reauthorization bill, called MAP-21, but the Federal Motor Carrier Safety Administration is almost two years behind schedule in implementing this critically important law, a measure that will truly improve highway safety. Every effort should be made to urge the Department of Transportation to accelerate the timeframe for implementing the electronic logging device law, sooner than later.

These electronic logging devices will record driving data that won’t lie. Technology will assure compliance with current rules and also provide objective data to determine how many hours of driving time for truck drivers should be allowed.

Additionally, the Alliance believes that other safety measures can do as much to reduce the number of accidents involving commercial truck drivers and motorists as these hours of service rules. For example, we support another congressional mandate passed in 2012 – to create a national drug and alcohol clearinghouse, which will help identify people who have previously tested positive on a drug and alcohol exam to become a truck driver, as well as related legislation now pending before Congress that will recognize even more effective methods to identify lifestyle drug abusers and keep them out of trucks.

The Alliance also supports speed governors on commercial trucks, an increase in the minimum insurance level for trucking companies and incentives to adopt other commercial safety technologies to reduce accidents on our nation’s highways. These measures will help ensure fewer accidents and safer highways for all Americans.”

Lane Chandler Kidd, Managing Director

October 16, 2014

http://truckingalliance.org/news/32/statement-on-continuing-debate-about-truck-drivers-hours-of-service-rules

* We addressed these issues as they related to our crash in a previous post:  https://annaleahmary.com/2014/08/law-enforcement-with-justice-for-all-balancing-truth-love/

Also, here is an update on Electronic Logging Devices from September 2014:  https://annaleahmary.com/2014/09/update-on-electronic-logging-devices/

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The Rest of the Story

AnnaLeah and Mary, Truck Safety, , , , , ,

If you took the time to read about our crash in the Bloomberg News article published today, please don’t stop there. I want you to understand the entire scope of our concern about truck safety; and it is NOT all about being upset with the truck drivers.

 http://www.bloomberg.com/news/2014-10-01/mom-takes-on-truckers-after-highway-wreck-kills-daughters.html

Please read the post I wrote back in July, called “Our Crash Was Not An Accident.” It summarizes what I am trying to say and why, if we really want changes made in truck safety, we cannot just read and talk and complain about it.

We need to solve this problem together.

 https://annaleahmary.com/2014/07/our-crash-was-not-an-accident/

We Rescue Jesus Saves 018

Wake up, America: Let’s make our roads safe–together!

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Mary's Life

How many people could we save from an untimely death due to a truck crash,  if the U.S. would wake up and follow the example of other countries like the United Kingdom or Canada? Look at how much tougher they are on truckers in Britain – http://www.telegraph.co.uk/news/uknews/road-and-rail-transport/10904178/Foreign-truckers-to-be-fined-for-driving-while-tired.html

And take a look at Canada:

https://canadasafetycouncil.org/safety-canada-online/article/driver-fatigue-falling-asleep-wheel

“…Driving while fatigued is comparable to driving drunk, only there is not the same social stigma attached. Like alcohol, fatigue affects our ability to drive by slowing reaction time, decreasing awareness and impairing judgment. Driving while sleep impaired is a significant issue, and is no longer tolerated. Legislation {in Canada} is beginning to change by handling collisions cause by a fatigued driver as seriously as alcohol-impaired crashes.”

http://www.saaq.gouv.qc.ca/en/documents/pdf/prevention/html/fatigue_management.html

Maybe, here in our country, we need a different, less-fragmented approach to solving the problem of truck driver fatigue–one that would bring together Public Health (Driving While Fatigued is a public health issue), Labor (truck drivers need to be paid and scheduled differently), and Transportation (the many factors that go into monitoring our transportation system–including CDL programs, technology, insurance, & safety measures like underride guards) experts. Let’s get the States to work together on this, too, so that the solutions which are created can be more effective through consistency and enforcement.

See how governors are working together: http://ghsa.org/html/issues/impaireddriving/index.html.

And look at this recent enforcement activity: http://cdllife.com/…/troopers-target-trucks-make-59…/

Let’s face it: we can’t get along without the trucking industry, so let’s make it the best it can be!

“Our current consumer driven economy is driven by our ability to offer a wide choice of competing products with wide scale or ‘intensive’ distribution. Consumers take for granted the choices available whether for a ‘commodity’ such as milk or high value products such as electronics. Store direct delivery and delivery of Internet purchases would not be possible without the trucking industry….

Our freight transportation system enables consumers to enjoy the availability of goods which are not produced in their immediate locale because of climate or soil conditions, the lack of raw materials, utilities, or labor, or the cost of production. Such a system allows consumers a choice of goods which would not otherwise be available….

One of the challenges of the motor carrier industry is to maintain tightly scheduled transit times to meet customer requirements….If you don’t believe transportation is important, just ask Etoys.com or KidsRUs.com. Better still, ask Santa Claus who operates the most efficient transport we have ever seen.”  http://www.fhwa.dot.gov/planning/freight_planning/archive/weart.cfm

LET’S ESTABLISH A WHITE HOUSE TASK FORCE TO PROTECT TRAVELERS FROM TRUCK CRASHES! See my detailed recommendations here: Establishing a White House Task Force to Protect Travelers From Truck Crashes (1)

It’s a Wonder Anything Ever Gets Done to Improve Safety on the Roads

Truck Safety, ,

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Last year, DOT was given the authority to study the question of raising the minimum liability insurance for truckers. (In our case, some of the insurance money from our settlement is still tied up because so many stakeholders wanted a portion of the pot.)

Now, members of the U.S. Senate and House have been asked to introduce and vote on amendments to legislation which would undermine this authority and cause a setback in attempts to more adequately cover the costs of truck crashes.

Minimum insurance requirements have not been increased once in thirty years, and should be increased immediately for medical care cost inflation. Families, like ours, should not have to cover the uninsured damages resulting from truck crashes.

Furthermore, at the same time, members of the House and Senate have also been asked to back legislative amendments which would suspend some of the Hours of Service (HOS) rules which were put into place last summer—until further study can be done. The suspension of the HOS provisions would allow truck drivers to increase their work week to 80+ hours and would increase truck driver fatigue.

Both of these actions are being taken (reportedly backed by the trucking industry) at the last minute when legislators are getting ready to vote on the budget, and both will have a negative impact on truck safety. 2 steps forward, 3 steps back

When I asked if this flurry of opposition was par for the course, I was told that it is particularly well-organized and aggressive.

Expect to hear soon about how you can help halt these actions. We do not want them to undermine 2 out of the 3 improvements which we asked for with our “AnnaLeah & Mary Stand Up for Truck Safety Petition!”

For more details about these two legislative amendments, go here:

The Truck Safety game 001

 

Fact Sheet on the Daines’ Amendment to Halt Minimum Liability Insurance for Truckers

Truck Safety

 This is Daines’ argument on which he based his amendment:

 “The small businesses that make up the majority of the truck and bus industries not only provide jobs for thousands of Americans, they play an important role in moving goods and people and supporting our economy,” Daines said. “It flies in the face of common sense to put people’s livelihoods at risk without any evidence that it would improve the safety of our roads or better meet the needs of catastrophic accident victims. I’m glad the House joined me in supporting this measure to protect small businesses and the jobs they provide.”

  http://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Financial-Responsibility-Requirements-Report-Enclosure-FINAL-April%202014.pdf

 “EXECUTIVE SUMMARY

 On July 6, 2012, President Obama signed into law the Moving Ahead for Progress in the 21st Century Act (MAP-21; P.L. 112-141). Section 32104 of MAP-21directed the Secretary of the U.S. Department of Transportation (DOT) to issue a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the appropriateness of the current minimum financial responsibility requirements for motor carriers of property and passengers, and the current bond and insurance requirements for freight forwarders and brokers.

  Section 32104 also directed the Secretary to issue a report on the appropriateness of these requirements every 4 years starting April 1, 2013. The Secretary delegated the responsibility for this report to the Federal Motor Carrier Safety Administration (FMCSA).

  The legislative history of minimum insurance requirements for commercial motor vehicles (CMV)indicates that Congress recognized that crash costs would change over time and that DOT would periodically examine the levels and make adjustments as necessary. A variety of recent studies indicate that inflation has greatly increased medical claims costs and related expenses. In conclusion, FMCSA has determined that the current financial responsibility minimums are due for re-evaluation. The Agency has formed a rulemaking team to further evaluate the appropriate level of financial responsibility for the motor carrier industry and has placed this rulemaking among the Agency’s high priority rules. The FMCSA will continue to meet with the stakeholders, including impacted industries, safety advocacy groups, and private citizens, as it moves forward with developing a proposed rule.”

Media Coverage of the Daines’ Amendment:

 http://www.insurancejournal.com/news/national/2014/06/13/331775.htm

 “The 214-212 vote was largely along party lines with 210 Republicans and only four Democrats voting in favor.

 The FMCSA concluded in a recent report to Congress that current minimum financial responsibility limits for the commercial motor vehicle industry — including the $750,000 limit for general freight carriers— are inadequate to meet the costs of some crashes, mainly because of rising medical costs.

The regulatory agency stopped short of recommending specific new limits but could have a proposal by the end of June and new limits could be published in November.

The minimum limits have not been raised in more than 30 years.”

 http://fleetowner.com/regulations/update-house-votes-block-higher-minimum-liability-insurance-level

http://fleetowner.com/regulations/house-passes-dot-funding-bill

https://annaleahmary.com/2014/06/the-daines-amendment-passed-contact-your-u-s-representative/

 

The Daines Amendment Passed: Contact Your U.S. Representative

Truck Safety

J, M, I The Hill

See how your U.S. Representative voted yesterday—for or against the Daines Amendment, which would block increases to minimum liability insurance levels for trucks. It passed 214 – 212: http://trucksafety.org/see-how-your-representative-voted-the-daines-amendment/

Make a difference…Tell your Representative:

  • “Thanks for your vote!” OR
  • “Please reconsider your vote! The minimum insurance levels have not been raised for over 30 years. Who will suffer? Independent Owner Operators. Accident victims & their families. Taxpayers.”

FMCSA Releases Report on Minimum Insurance: April 2014

Truck Safety,

We are glad to see that the FMCSA has recently released a report from their study of the need to increase minimum liability insurance for truck drivers. We hope that the rulemaking process will proceed in a timely fashion.

http://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Financial-Responsibility-Requirements-Report-Enclosure-FINAL-April%202014.pdf

Here are some details from the FMCSA’s April 2014 Report:

“On July 6, 2012, President Obama signed into law the Moving Ahead for Progress in the 21stCentury Act (MAP-21;P.L. 112-141). Section32104of MAP-21directed the Secretary of the U.S. Department of Transportation (DOT) to issue a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the appropriateness of the current minimum financial responsibility requirements for motor carriers of property and passengers, and the current bond and insurance requirements for freight forwarders and brokers.

Section 32104 also directed the Secretary to issue a report on the appropriateness of these requirements every 4 years starting April 1, 2013. The Secretary delegated the responsibility for this report to the Federal Motor Carrier Safety Administration (FMCSA).

The legislative history of minimum insurance requirements for commercial motor vehicles (CMV) indicates that Congress recognized that crash costs would change over time and that DOT would periodically examine the levels and make adjustments as necessary. A variety of recent studies indicate that inflation has greatly increased medical claims costs and related expenses.

In conclusion, FMCSA has determined that the current financial responsibility minimums are due for re-evaluation. The Agency has formed a rulemaking team to further evaluate the appropriate level of financial responsibility for the motor carrier industry and has placed this rulemaking among the Agency’s high priority rules. The FMCSA will continue to meet with the stakeholders, including impacted industries, safety advocacy groups, and private citizens, as it moves forward with developing a proposed rule.”

Here is some information on how OOIDA, the Owner Operators Independent Driver Association, has publicly responded to the DOT/FMCSA’s report on minimum insurance.

http://www.ooida.com/MediaCenter/PressReleases/pressrelease.asp?prid=344

“(April 17, 2014) – The Owner-Operator Independent Drivers Association responded to a report by the Federal Motor Carrier Safety Administration indicating the agency’s intention to significantly raise insurance requirements for interstate motor carriers.

FMCSA acknowledges that more than 99 percent of commercial vehicle accidents are readily covered under current requirements and that they have not done an assessment of the financial impact that increased requirements would have on small businesses.

‘Even though the agency’s report confirms that fewer than one percent of all truck-involved accidents result in injuries or property damage that exceed current insurance requirements, it seems pretty clear they plan to raise those requirements anyway,’ said Todd Spencer, executive vice president.

OOIDA contends that an increase in insurance would be a death nail for the small businesses that comprise over 90 percent of the trucking industry.

‘The amount of insurance carried by motor carriers has never been shown to have a correlation with safety,’ continued Spencer. ‘The agency seems to be bowing to the economic objectives of the personal injury attorneys and mega-trucking companies who have been campaigning for higher insurance requirements. Trial lawyers will see windfall payouts in the increases, and big trucking companies – who already use special exceptions in the law to avoid buying insurance on the open market – see an opportunity to drive up business costs and do away with their small-business competitors.’

Under current insurance requirements, truckers already often find themselves pushed into court by attorneys after accidents that were not their fault due to the possibility of high dollar settlements.

The Owner-Operator Independent Drivers Association is the largest national trade association representing the interests of small-business trucking professionals and professional truck drivers. The Association currently has more than 150,000 members nationwide.”

http://www.overdriveonline.com/house-bill-would-increase-trucking-insurance-minimum-by-millions/

“The Owner-Operator and Independent Drivers Association and the American Trucking Associations both disagree with the findings of the study, however, and both say that just 1 or 2 percent of crashes involving trucks actually see a claim above $750,000.

OOIDA’s Todd Spencer in June called the study ‘bogus,’ adding that ‘All the Alliance will succeed in doing is increase costs for their competition in trucking and chum the water for personal injury lawyers.’

ATA spokesman Sean McNally echoes Spencer, saying that just 1 percent of settlements exceed the minimum. The Alliance, he says, recommends the limit increase ‘in satisfaction of some unstated goal.’

The Federal Motor Carrier Safety Administration ‘consistently found over the same time period examined by the Trucking Alliance that the average cost of a crash involving a large truck is less than a third of the minimum limit required today,’ McNally added.”

One of our family members has responded to these statements in this way:

“The 1% issue is at best a red herring. Refusing to raise a limit because such a small percentage reach the limit only indicates that the increase in cost should be minimal. It can’t be both ways, either this increase should raise the cost of doing business or the effect should be minimal.

This isn’t life insurance where all the money is always paid out. Nor is this homeowner’s insurance in which you have a set amount of house that can be destroyed. This is liability insurance in which the amount paid out is based on the amount of damage being done. If such a small percentage of claims reaches the limit then greedy lawyers, increased costs, and mythical ‘windfall’ payments are all proven absurd or irrelevant.

What we actually have here is discrimination against the minority. ‘You are so small a portion of the people we harm we are not obliged to deal with you fairly.’ Under such logic they might as well suggest that because less than 1 percent of the time on the road involves accidents they shouldn’t be compelled to have insurance at all.”

Meet AnnaLeah & Mary

AnnaLeah and Mary, Truck Safety, , , , ,

       

Mary and AnnaLeah at Battle Park, Rocky Mount, NC
Mary and AnnaLeah at Battle Park, Rocky Mount, NC

On May 4, 2013, AnnaLeah and Mary Karth were in a truck-related car accident. AnnaLeah died at the scene of the accident. Mary died a few days later due to her injuries.

This website is dedicated to preventing more deaths in truck-related accidents from happening. Specifically, the Karth family is working to raise awareness about three issues related to truck safety: minimum liability insurance levels, driver fatigue, and underride guards. More information can be found on the pages specific to those issues.

The family has also created a Facebook memorial page where they share memories, photos, and videos of the girls.  https://www.facebook.com/pages/In-Memory-of-AnnaLeah-1995-to-2013-and-Mary-Lydia-Karth-1999-to-2013/464993830249803

And the Facebook posts from the first few years after the crash can be accessed in chronological order through our Journey Through Grief Page on this website: Journey Through Grief.

AnnaLeah, full of peace, forever 17, and Mary, full of joy, forever 13.  We are thankful for  the years that we had them in our lives. We know that, by faith, they believed in Jesus as their Savior & Lord. And because of that, we have the sure hope that we will see them again—and be with them forever.