DOT clarifies position on recreational-use marijuana

Despite some states now permitting recreational use of marijuana, the Department of Transportation’s Drug and Alcohol Testing Regulation – 49 CFR Part 40 – does not authorize the use of Schedule I drugs, including marijuana, for any reason. It is important to note that marijuana remains a drug listed in Schedule I of the Controlled Substances Act. It remains unacceptable for any safety-sensitive employee subject to drug testing under the Department of Transportation’s drug testing regulations to use marijuana.

New round of engines targeted by CARB

As of January 1, 2013, California’s Truck and Bus regulation is now targeting 2000-2004 engine model year trucks.
If you are operating a 2000-2004 engine model year truck in California (including out-of-state vehicles) with a gross vehicle weight of 14,000 lbs or greater, your truck must be equipped with an approved particulate matter filter. Installing the filter on these trucks will satisfy state law through the year 2023 at which time you will be required to replace the engine with an engine model year 2010 or better.
The California Air Resources Board is warning truckers that
inspectors will be checking for compliance at random roadside locations, truck stops, weigh stations, distribution centers, fleet facilities and various other locations.
A non-compliant vehicle (including out-of-state vehicles) may not be legally operated in California. Penalties start at a minimum of $1,000 per violation
per month and increase over time.
More information on how to comply with the regulation is available at
www.arb.ca.gov/truckstop.

What coverage(s) do you really need?

CASE #145 – Trucker delivers long arm tractor to bridge.

In the scenario described below, we briefly summarize a collision in an effort to highlight the importance of certain applicable coverages. When given the opportunity, your agent will analyze your policy(ies) to ensure adequate protection for the loads you’re hauling. Sometimes however, truckers take their insurance for granted thinking that they’re fully covered for whatever they choose to haul. That is the case here where an unfamiliar load is hauled which leads to a loss and an underinsured situation.

THE SCENARIO
When this trucker decided to deliver a piece of heavy equipment, his problems began the moment it was loaded onto the trailer. First, this was not a normal load for this driver. His knowledge of heavy equipment was limited and his cargo limits were not adequate. His cargo (a long arm tractor) was improperly loaded onto the trailer which allowed the tractor’s arm to release, extending its height above 14 ft. – higher than the bridges on his route. Secondly, and very importantly, the trucker did not know the height of his load. According to the highway patrol, the trucker’s load was already higher than allowed on that route before the arm released.
As a result, his cargo struck a traffic light entering the freeway. Once on the freeway, the tractor’s arm extended and it didn’t take long before it collided with a bridge at roughly 40-50 mph.

THE DAMAGE
The bridge sustained deep gashes in the concrete and a gaping hole roughly 6 ft. x 4 ft. which exposed the rebar inside. Debris from the collision was scattered all over the freeway – luckily there were no injuries to other motorists. The long arm tractor, the trailer and the truck all sustained serious damage. The roadway beneath the bridge had impact damage from the falling concrete. The driver was not critically injured, but did sustain cuts and bruises.

COVERAGE
Coverage in this case is as follows: The damage to the bridge and roadway would be covered under a commercial auto liability policy. The damage to the truck would be covered under a physical damage policy. The damage to the trailer would also be covered under a physical damage policy if it is listed on the policy and owned by the insured. Otherwise, the damage to the trailer would likely be covered under an unidentified trailer physical damage policy. The damage to the long arm tractor would be covered under a cargo policy. Injuries sustained by the driver would be covered under workers compensation if the driver is an employee; or major medical or occupational accident if the driver is an independent contractor.

TIPS
1) Anytime you haul commodities different from normal, it’s very important to check with your agent to be sure your coverage and limits are adequate for your equipment and cargo. While limits can easily be changed for different situations, policies often contain exclusions.
2) Check the contract that you have with your broker to be sure you’re meeting minimum required limits and not breaching the contract.
3) Whenever you are carrying a wide load or tall load, you should know the height and width of your cargo and equipment and plan your route accordingly.
4) When securing your cargo, be sure to check with FMCSA guidelines for the latest cargo securement rules. (www.fmcsa.dot.gov)

Not all situations are exactly the same and may require additional investigation to conclude actual coverage. The situation above is meant as a general overview of the claim described and not an actual account of the incident or the coverage(s) providing protection.

Thank you! For all you do . . .

This week (Sept 16 – 22, 2012) is National Truck Driver Appreciation Week (NTDAW). NTDAW was initiated by the American Trucking Association 24 years ago in an effort to celebrate and thank the hard working men and women who deliver life’s essentials. We couldn’t agree more.

In all you do as trucking professionals, know that all of us here at Commercial Carriers Insurance Agency are very appreciative of your service to the American way of life. You are truly “Kings of the Road”.

Smartway Deadline Approaches for carriers operating in CA

Beginning September 1, 2012, small motor carriers (fleets of 20 or less box-type trailers) operating in California with trailers 53 feet and longer are required to register with the U.S. Environmental Protection Agency (EPA) for their SmartWay program. The greenhouse gas regulation (Smartway) applies to both tractors and trailers. Owners of tractors subject to the regulation must either purchase new SmartWay certified tractors or retrofit existing tractors with low rolling resistance tires. Owners of trailers subject to the regulation must either purchase new SmartWay certified trailers or retrofit existing trailers with SmartWay-verified aerodynamic technologies and low rolling resistance tires. Full compliance in the program is expected by January 1, 2013.
Source: www.arb.ca.gov