Great West Casualty Company Blog

Good drivers are hard to find; can I get an exception for a driver who doesn't have an acceptable MVR? With concerns about the driver shortage, to get a truck moving again, it can be tempting to consider younger, less-experienced drivers or those with a history of crashes or violations. However, hiring at-risk drivers puts a motor carrier in a bad position. Not only can hiring at-risk drivers negatively affect a motor carrier’s insurance premiums and overall insurability, but also, if such a driver were to be involved in a crash, the motor carrier could face claims of negligent hiring or negligent retention. Exceptions are not the norm, and they depend heavily on the motor carrier’s ability to demonstrate it has the management controls in place to effectively supervise the driver and the added risk.

Every year since 2008, the American Transportation Research Institute (ATRI) has published “An Analysis of the Operational Costs of Trucking.” Last year’s report is now available; it contains helpful analysis in two areas of particular interest: high-level benchmarking of interest to motor carriers, and potential transportation impact assessments, of interest to public sector agencies.

One of the most frustrating cargo claims for any motor carrier is the rejection of an entire shipment of product because the trailer arrived without the seal or with a broken seal. Most of the time, the cargo itself is in pristine condition—still in its packaging, shrink-wrapped, and palletized. Furthermore, the trailer is loaded in such a way that no one is able to reach beyond the rear pallets. Many times, the cargo is not even touched. Still, the shipper or consignee insists that the entire load must be rejected or destroyed. They may allege a chain of custody issue, a safety issue, or their own internal policy. With the Sanitary Transportation of Human and Animal Food (STHAF) regulations drafted by the Food and Drug Administration (FDA), claimants may now allege it is a “food safety violation under the new regulations,” or say “we cannot accept it under the new food transportation regulations.”

For many over-the-road drivers, finding an available place to stop or rest for the night after an 11 to 14-hour shift can be cumbersome. In their study, titled "Critical Issues in the Trucking Industry,” the American Transportation Research Institute (ATRI) found that the lack of “available, safe parking for truck drivers,” ranked as the fourth overall issue impacting the industry in 2016.

What is the new drug and alcohol testing rule for motor carriers who lease drivers from a staffing agency?

The Commercial Vehicle Safety Alliance (CVSA) will hold its 30th annual International Roadcheck Enforcement Event from June 6-8, 2017. The event is the largest targeted enforcement program for commercial motor vehicles. During last year’s 3-day event, nearly 63,000 vehicles were inspected in the United States, Canada, and Mexico.

With the start of the new year, there are numerous regulatory updates that motor carriers should be watching and taking action on. Here is a high-level overview of the changes that will affect motor carriers. 

In early December 2016, the Federal Motor Carrier Safety Administration (FMCSA) issued a final ruling on the creation and management of a first-ever federal clearinghouse for driver drug and alcohol test results. Administered and maintained in strict compliance with Federal Security Standards and the Privacy Act, the clearinghouse database will become a central repository containing the alcohol and drug test records of every driver for five years, or until the driver has completed the return-to-duty process, whichever is later.

Going through a roadside inspection can be an intimidating and stressful event, but it’s one that commercial truck drivers must deal with on a regular basis. Roadside inspections take time; possibly costing you money in lost loads, missed appointments, and perhaps, even receiving a fine for infractions. The key is preparation and to avoid bringing undue attention to one’s self and equipment.

In early December 2016, the Federal Motor Carrier Safety Administration (FMCSA) issued a final ruling on the creation and management of a first-ever federal clearinghouse for driver drug and alcohol test results. Administered and maintained in strict compliance with Federal Security Standards and the Privacy Act, the clearinghouse database will become a central repository containing the alcohol and drug test records of every driver for five years, or until the driver has completed the return-to-duty process, whichever is later.