Legislation

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MISUNDERSTOOD CARGO FORM

Blog by Tommy Ruke, The King Pin – Leading Expert in Truck Insurance MISUNDERSTOOD CARGO FORM Agents have “Asked Tommy” questions concerning customers’ (brokers-shippers) requests for evidence/proof of coverage on cargo forms – “Additional Insured” “Loss Payee” “Waiver of Subrogation” “Primary/Non-Contributory” The cargo coverage form provides “bailee” coverage and agrees to indemnify/protect the person/entity that has the “property” of others in their possession. When providing services to the property owner (store, clean, repair, transport) and the property is damaged, the bailee could/will be liable for the damage if they did not take care of the property in their possession. For-hire interstate motor carriers that are transporting property in interstate commerce have an additional concern – The federal act (Carmack) which makes the motor carrier almost absolutely liable for property while being transported in interstate commerce. The cargo and all bailee forms are a “hybrid” (1st and 3rd party coverage principles in one policy) having two requirements for coverage – The insured must be legally liable [...]

By |2019-11-06T04:27:17+00:00November 6th, 2019|Drivers, Legislation, Truckers|0 Comments

18-YEAR OLD DRIVERS ON THE INTERSTATE!!

Blog by Tommy Ruke, The King Pin – Leading Expert in Truck Insurance 18-YEAR OLD DRIVERS ON THE INTERSTATE!! There are a lot of press reports and I have had a few telephone calls about the “Drive Safe Act” – For those of you that have not heard about it, some information follows. From the “Scopelitis Legislative News – March 2019”: Bill to Authorize 18-21 Year Olds to Drive in Interstate Commerce Introduced – On February 26, a bill, the Drive Safe Act, creating an apprenticeship program to train and authorize drivers between the ages of 18 and 21 to drive in interstate commerce was re-introduced with bipartisan sponsors in the House and the Senate.  The bill would require a specified number of hours of on-duty time and driving time in the company of an experienced driver with a vehicle that is equipped with certain safety technologies in order to successfully complete the apprenticeship program and be eligible to drive without restriction.  Many states currently [...]

By |2019-03-12T13:34:42+00:00March 12th, 2019|Drivers, Legislation, Truckers|0 Comments

BREAKING NEWS!

Blog by Tommy Ruke, The King Pin – Leading Expert in Truck Insurance BREAKING NEWS! From CCJDigital.com, Author James Jaillet - Headline “FMCSA scraps rulemaking on raising liability insurance minimums for carriers” “The Federal Motor Carrier Safety Administration is slated Monday to officially withdraw a rulemaking intended to explore the pros and cons of increasing liability insurance minimums for motor carriers. The agency says a lack of data from key stakeholders, such as insurance providers and carriers, led to the withdrawal of the rule. The Advanced Notice of Proposed Rulemaking, published Nov. 28, 2014, sought input from carriers, brokers, shippers, insurers and others about how increasing the current $750,000 minimum required of carriers would impact insurance premiums, ability to obtain insurance and more. FMCSA was tasked by Congress in the 2012 MAP-21 highway bill to study whether an increase was needed. Current limits were set in the mid-1980s, and groups have argued in recent years they’re too low to cover the costs of today’s crashes [...]

By |2017-06-02T14:40:35+00:00June 2nd, 2017|Insurance, Legislation, Truckers|0 Comments

URS UPDATE (REVISED)

Blog by Tommy Ruke, The King Pin – Leading Expert in Truck Insurance URS UPDATE (REVISED) Most of you have received the information about the long anticipated URS being pushed back (we have been talking about it since 1995 as part of the ICC Termination Act). When presenting, I often have said, “Always blame the government.” Looks like the FMCSA has adopted the “Always blame IT” as it is the reason the dates have been pushed back again. “The October 21, 2015 Final Rule made slight revision to the 2013 rule and delayed the effective dates of the rule. Today’s final rule corrects the effective dates (note from me, what does final mean when it is not final) revised in 2015 to allow FMCSA additional time to complete the information technical (IT) system work.” Have you ever had a system delayed in your business because of IT – Most have – But where would you be if it took five years to accomplish the task? [...]

By |2019-01-15T03:28:05+00:00July 22nd, 2016|Insurance, Legislation|0 Comments

UPDATE ON URS

Blog by Tommy Ruke, The King Pin – Leading Expert in Truck Insurance Update on URS For those of you who read my blog last week concerning the URS, hopefully you noted where I often said, "if the government meets their time line". Well they did not. Thanks to Greg Feary of Scopelitis, Garvin, Light, Hanson and Feary we got an early notice of the delay. A lot of you might have this information already. I am sure we will receive more details from the FMCSA, which I will share with you. I did want you to know what we knew as soon as possible. Here is the information I was furnished: SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY FMCSA Announces Additional Delay of Unified Registration System (“URS”) The FMCSA has announced additional delay to the implementation of URS, which was set to take effect on September 30, 2016.  As most in the industry know, once URS is implemented, the U.S. DOT number will be the [...]

By |2019-01-15T03:28:11+00:00July 21st, 2016|Insurance, Legislation|0 Comments

URS – SECOND PHASE LESS THAN 90 DAYS

Blog by Tommy Ruke, The King Pin – Leading Expert in Truck Insurance URS – SECOND PHASE LESS THAN 90 DAYS The next phase of the Unified Registration System (URS) becomes a reality on 9/30/16 or at least this is the current information from FMCSA. Will they meet their published time line? The 1995 (yes, 1995) ICC Termination Act included instructions to simplify the registration system for interstate motor carriers by 1/1/98. The simplification was so that an interstate motor carrier did not have to register with the federal government in two steps – One to obtain a DOT# and second, to haul processed goods of others in interstate commerce, obtain a MC#. The MC# also required proof of financial responsibility. The qualified interstate motor carrier in some cases also had to meet state requirements to operate through the state or even if domiciled in the state. The fees that originally started with “Bingo Stamps” that were replaced with the Single State Registration System only [...]

By |2019-01-15T03:28:16+00:00July 7th, 2016|Legislation|0 Comments

2016 – Another Year and a Lot Going On

Blog by Tommy Ruke, The King Pin – Leading Expert in Truck Insurance 2016 – Another Year and a Lot Going On The close of 2015 had us dealing with FAST and the requirement to hide CSA’s scores. I hope that all of you have worked through this. There is a statement that the more things change; the more they stay the same. Thanks to CAB, the information insurance providers relied on is still available; not much different than before FAST. CAB has agreed to do our February 11th Truck Stop webinar to go through the information they are still providing and their interpretation of CSA scores which is based on CSA Methodology and FMCSA information. Carrier Software has also developed a program based on CSA methodology and information to keep providing their interpretation of CSA scores as well as still providing information tracking a motor carrier’s scores. This is still important so that when a motor carrier approaches an alert their agent can take [...]

By |2019-01-15T03:28:27+00:00January 12th, 2016|CSA, Legislation|0 Comments

THE GOVERNMENT ERUPTS

Blog by Tommy Ruke, The King Pin – Leading Expert in Truck Insurance THE GOVERNMENT ERUPTS Last week’s Transport Topics’ editorial titled “Government Erupts” pointed out some of what we have discussed, been surprised by, worried about and explored options because of the FAST bill that hid the CSA scores. By now, things have calmed down and we understand with CAB and Carrier Software the past information will be available; just now have to take steps and “yes” pay something to access the information. Now we are back to the continuing discussion of do the CSA scores have a relationship with crashes and how flawed the scores are? A couple of happenings follow. The long awaited Electronic Log Device Rule has been issued. Commercial motor vehicles must have ELD’s within two years. We have stated before that we believe an insured should start equipping their units now and not wait until the last months. They are not that expensive. The Rule does not require a [...]

By |2019-01-15T03:28:36+00:00December 18th, 2015|Legislation|0 Comments

CSA SCORES NO MORE? – BUT SO IS ALL THE INFORMATION!

Blog by Tommy Ruke, The King Pin – Leading Expert in Truck Insurance CSA SCORES NO MORE? – BUT SO IS ALL THE INFORMATION! If you have not yet attempted to find a motor carrier’s on-road information and crashes you might not know that there is nothing there. The President signed FAST. FMCSA was ready so when FAST was signed, it took the scores away plus all other information. In the Act there was wording that the information should still be public - not scores, but all the other information. In the memo sent to “stakeholders”, it was stated that “FMCSA is working to return the website and app to operation as quickly as possible.” What does that mean? Hopefully not when CSA is revamped. At least 18 months but when the website is redone and scores are not shown, Safety Event Groups are not reflected but inspections and crash information will still be available as FAST requires. Hopefully by Thursday’s Truck Stop, we will [...]

By |2019-01-15T03:28:44+00:00December 7th, 2015|CSA, Legislation|0 Comments

FAST AT LAST!

Blog by Tommy Ruke, The King Pin – Leading Expert in Truck Insurance FAST AT LAST! A five-year highway bill, The Fixing America’s Surface Transportation Act (FAST) has been agreed on by the House and Senate Conferees and is projected to be passed by the weekend by both chambers and sent to the President for his signature. As reported in a Blog before Thanksgiving, CSA scores will be hidden: Sect. 5223 Data Certification (a) In General – On and after the date that is 1 day after the date of enactment of this Act, no information regarding analysis of violations, crashes …, alerts, or the relative percentile for each BASIC developed under the CSA program may be made available to the general public … How will this affect you as an insurance provider? If you are an underwriter, how often do you look at the CSA scores to determine who to provide insurance to and at what price? As an agent, how often do you [...]

By |2019-01-15T03:28:51+00:00December 2nd, 2015|Legislation|0 Comments