Well this has been an interesting month up here in the Big Apple, with an earthquake and a visit from Irene.  Even the New York City Subway system, which stops for nothing, was shut down.  What ever happened to the slow days of August?

This month our own Shuie Yankelewitz was provided an opportunity to represent your interests at the Traffic Records Forum in Charlotte, North Carolina.  He did a great job representing the insurance industry, if I do say so myself.  He was extremely successful in impressing upon the state agencies that you are in this with them and everyone is pulling for safer roads.  The need for correct data is critical to insurers, law enforcement and other governmental agencies.

Tiana Cain has set up an on-line survey questionnaire for you to complete to tell us how we are doing. The responses have been great so far and we thank you for taking the time out of your busy day to give us feedback. For those of you who have not responded you can take the survey by clicking here.

For anyone in the Minnesota area, I will be speaking at the IMUA meeting on September 13, 2011.  The link for the meeting presentation and registration can be found on the IMUA website at www.imua.org. I am looking forward to meeting up with you as we discuss the issues facing the cargo insurer industry.

In other news:

EOBR – The OOIDA has been successful in its initial attack on the proposed regulations requiring electronic onboard recorders for motor carriers with a safety history of 10 percent or greater level of non-compliance with the hours-of-service regulation after a compliance review.  The 7th Circuit held that that DOT failed to ensure that the regulations would not harass drivers, a mandate required before the regulation can be implemented.

HOUSEHOLD GOODS – The FMCSA issued regulatory guidance to clarify the appropriate and intended use of blank or incomplete documents under 49 CFR 375.501(d) – Must I write up an order for service? According to the release, carriers may require shippers to sign incomplete, but not blank, documents so long as the omitted information is limited to: (1) The actual weight of the shipment, in the case of non-binding estimates; and (2) unforeseen charges incurred in transit. The guidance also clarifies that carriers may not require shippers to sign “Revised Written Estimates,” “Rescissions of Old Estimate,” or other documents authorizing the carrier to rescind an estimate unless the shipper and carrier mutually agree to amend the estimate, and the shipper signs a new estimate before the carrier loads the shipment. The original version of § 375.501(d), published as an interim final rule, prohibited carriers from requiring individual shippers to sign blank or incomplete estimates, orders for service, bills of lading, or any other blank or incomplete documents pertaining to the move.

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Hello from the Green Mountains of Vermont.  I must say that it is difficult to focus on trucking issues while here in the mountains, away from the sweltering heat in NYC; but I guess I must.  I hope you are all taking some time to enjoy the summer.

This month we report:

NAFTA – As the battle lines continue to be formed over the opening of the border, the TSA issued its report on thefts in Mexico. According to TSA’s “Transportation Suspicious Incidents Report”, criminals in Mexico hijacked more than 10,000 commercial trucks last year – many of which likely included cargo.  In addition the TSA has reported that drug cartels and other highly organized criminal groups could be able to circumvent American border security by “cloning” trucks that have clearance through programs like the Customs-Trade Partnership Against Terrorism (C-TPAT) and Free and Secure Trade (FAST).  The FMCSA has also issued notice that it intends to proceed with its pilot program to open the border.  A copy of the notice of intent can be viewed here. The OOIDA immediately filed a petition to seek to stay the border opening which the FMCSA has rejected.  The borders are expected to open under the pilot program in the upcoming weeks.

TORT REFORM – Tennessee has signed into law legislation capping non-economic and punitive damages in personal injury actions. Subject to certain exceptions, non-economic damages can not exceed $750,000 and punitive damages can not exceed twice the total compensatory damages or $500,000 which ever is greater. The act goes into effect on October 1, 2011.  Special thanks to my colleague, John Anderson, Sr of Dickinson Wright, PLLC for passing this info along.  In Pennsylvania, joint and several liability has been eliminated, with each defendant responsible only for their own share of the damages.  Both legislative efforts are applauded by truckers and insurers alike.

SUIT AGAINST FMCSA – An action has been commenced against the FMCSA stemming from a fatal truck accident.  The plaintiff alleges that the FMCSA needs clearer guidelines for carriers with multiple violations so that they are taken off the road before accidents like this happen.  We will follow to see where this goes and expect it to be vigorously fought by the FMCSA.

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