Legislation introduced to clarify broker/shipper carrier-selection requirements

| May 23, 2014

Congressman John Duncan (R-Tenn.) along with Erik Paulsen (R-Minn.) and Rodney Davis (R-Ill.) introduced H.R. 4727 Thursday, May 22, to create a “national hiring standard” for motor carriers, according to the Transportation Intermediaries Association. The bill would require that before contracting the services of carrier a shipper, broker, freight-forwarder or receiver ensure that the carrier is: 
**Registered with the Federal Motor Carrier Safety Administration (FMCSA);
**Has obtained the minimum insurance; and
**Has not been given an “unsatisfactory” safety rating in the Safestat safety rating system. 

As long as those entities do that, text in the legislation prohibits states from imposing liability “on an entity that hires a motor carrier for the transportation of property or household goods if such liability arises from a claim or cause of action related to the negligent selection of such motor carrier … for personal injury, death, or damage caused to cargo or other property by such motor carrier.”

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TIA believes the “hiring standard would clarify and standardize industry best practices for hiring safe motor carriers.” Tucker Company Worldwide General Counsel recently highlighted the reality in today’s world — with the Compliance, Safety, Accountability Safety Measurement System and Safestat safety rating system running in parallel and often offering seeming contradictory assessments of carriers.

golden triangle“H.R. 4727 would remove the confusing and conflicting vagaries of the CSA BASIC data as it relates to the negligent selection of a carrier,” ran a recent TIA press release. “TIA will continue to advocate that the CSA initiative is a valuable internal tool for the Agency, but until the Safety Fitness Determination (SFD) rulemaking is complete, the BASIC data should not be used as a tool for carrier selection.”

The legislation stops short, however, of requiring removal of SMS BASIC scores from public view, a move a sizable majority of Overdrive readers recently indicated they supported: 

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“The current state of affairs of CSA and the ever-increasing threat of negligent selection lawsuits based on the BASIC data are hurting the transportation industry,” said TIA President and CEO Robert Voltmann. “In the marketplace today, every time a shipper, broker, forwarder, or receiver hires a carrier, they are essentially playing Russian roulette for their businesses’ livelihood. This national hiring standard reinforces the safety rating and licensing process already established by FMCSA, helps small business across America, and improves the overall safety of the transportation industry.” 

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  • Todd

    What a bunch of crap to waste more money they don’t have,any company that does not do this already should be liable,the dumbing down of America continues

  • Stormy

    The wheels on the truck go round and round while the beaucrarts are just stuck in the mud going in circles chasing their tails.

  • localnet

    A cya bill from the lobbyists… Who’d a thunk?

  • centerlaneshow

    What the hell are they talking about if they implement this with the current CSA scoring system which is already screwed up. This will just be the nail in the coffin for thousands of small trucking company’s all over. The third requirement is a joke (**Has not been given an “unsatisfactory” safety rating in the Safestat safety rating system.)
    This system is a joke its so biased all the major trucking company’s never get an unsatisfactory even thou they have thousands more accidents per year than any other company. They have way more fatalities than any other company. This is just another way for Big Corporate America to control the trucking Industry. When are the drivers of our great nation going to wake up and really do something about it. Its almost to late

  • Richard Wilson

    Something tells me that if you want to have your voice heard on this call our show, cause I bet we are going to be discussing this one

    http://www2.gcnlive.com/CMS/index.php/showinfo?showCode=81

  • Richard Wilson

    1pm central, 2pm Eastern!

  • Del Ray Johnson

    Richard, I would love to be on your show it appears to me that the drivers need to form a completely voluntary labor organization. Like I have said Longshoremen do not put up with nonsense and the UPS driver get a fair wage. I want to have this legislation sponsored ASAP:
    *This legislation is designed to verify paperwork it should also have PIGGYBACKED minimum rate of ALL brokered freight is 125% of DOE posted fuel prices no exceptions in other words appx $5 per mile.

    1. First and foremost, we the professional drivers are going to demand an immediate repeal of the exemption of motor carriers from the minimum wage laws both federal and in each state.
    2. The new federal minimum wage for a professional driver with 1 year or more of experience will be 65CPM no exceptions not even “small” carriers or anyone with a foreign name on their truck.
    3. The new minimum wage for any new driver with less than 1 year of driving will be 35 CPM and they must team up for least 6 months as an “apprentice” again no exceptions.
    3. After 3 years + the new minimum wage for drivers will be 75 CPM or indexed for inflation no exceptions.
    4. And so on 5+ years experience.

    5. There will be surcharge of 5 CPM for any state where the speed limit is below 55mph on major the interstate, i.e. Oregon.

    6. Under the new law, there will be a new tax for the established of the federal “Professional Driver’s Retirement Fund” this is similar to the Railroad Retirement Board and in addition to social social benefits. In support of these revolutionary changes the professional driver will increase safety and professionalism
    7. The professional driver will not smoke for health reasons leading to better safety.
    8. All professional drivers will sign up for the company’s wellness plan.
    9. Every professional driver will meet the PT standards promulgated athttp://usarmybasic.com/army-ph….
    10. Every professional driver will complete leading to an AA degree over a 3 year period a safety class at any community college, 6 hours of American and World history, 3 hours of English, etc.
    11. hours of community service in Crenshaw, Englewood, Bed-Stuv, or a church, homeless shelter, nursing home and the like.

    Any Professional driver that cannot meet these new qualifications whether they speak English or not should find another industry for low paying jobs end of discussion. Please send me an invitation I mean every time I turn around new laws NO NEW, better wage.

  • Iron Mule

    Hmmmm! So brokers become exempt from liabilities , the carriers insurance premiums increase and us owner/operator mules get passed on the cost.

  • RichieC

    im impressed……..but you forget…exemptions for any company that can fund local campaigns or has an interest in slave labor.

  • guest

    Sure…brokers and shippers prefer to hire the Cheapest half assed questionable Turd to haul their freight…While the Compliant O/O works his butt of to maintain equipment and credentials….the shipper cuts his throat by hiring a foreigner with a jalopy to haul for PEANUTS. MORE CSA scores and availability of Information about the Driver and his Company will WEED OUT the dangerous truckers…..and the COMPLIANT truckers who have been FORCED into this dumb CSA game….will Prosper. The guy who killed 4 and injured 20 in Blythe, Cal on May 22 was a QUESTIONABLE “hispanic” O/O with a Jalopy..who’s flatbed managed to jacknife into the median and throw a load of STRAPPED pipes into an oncoming BUS! This is the type of ANUS the shipper and the broker want to KEEP hauling…because they are CHEAP….but do have alot of points against their CSA FILE and DMV….and NEED to be Shut Down….this legislation is aimed at STOPPING everyone from SEEING their Dangerous Data…shippers could continue to operate in SECRECY…putting these MANIACS on our Highways as they have always done.

  • guest

    Dumbing Down for sure…they want us all to be 3rd worlders…living in a trailer and shopping with other 3rd worlders at Walmart!….ahahahah

  • guest

    Negligent Selection Lawsuits…..is the bottom line…..Brokers and Shippers prefer to operate in SECRECY….hiring Jose and Pedro to haul every load in the country……brokers and Shippers want to BLACK OUT all the CSA Info available to the Public about the SCOUNDRELS they hire and their dangerous JALOPIES……..always about MONEY…who will benefit from this legislation is who is helping WRITE IT. If WE have to play by these NEW CSA RULES…..we should be able to read ALL the data about competing companies…..they are simply INCHING toward BLACK OUT of the CSA DATA from the PUBLIC…but we actually benefit from seeing the RECORD of the Low Paid lunatics these rich people hire to haul their freight….at LOW LOW LOW rates. Rich people here jockeying to get information HIDDEN so they dont get SUED for their Negligent hiring of 3rd world KOOKS.

  • Del Ray Johnson

    Thank you, but we the drivers those of us on behalf of the stupid “slaves” are going to put a lot of trucking companies out of business. Hold on here let me reply to you. We the drivers can !@#$%* FUND ELECTIONS too each driver put up $25, 50, $100 a man and our supporters Wmart, Smart, Tmart, etc. who do not want their rates to go up 15%, 25%, 35%. I mean up until now they just had to make sure owners got monies not drivers! Okay now, ole timers always tell me how great things are after deregulation really? This is not so back then a small group of big companies keep the rates high and with dereg free markets in AMERICA things supposed to be okay they are not. So I am very simply without a lot of work put several big trucking companies out of business. How? No more revolving door of drivers trucking companies keep screwing over drivers lying and recruiting more slaves no more. Here it is WE THE DRIVERS are going to start posting a TRUE LIST, Real Money of preferred companies like Angie’s list! Next, we are going to start a drivers Legal Defensive Fund and start hiring our own lawyers and suing these companies for their labor practices it only takes one $100,000,000.00 judgment really trucking accident multi-million right? But we need the DOL to get a lousy $100K when a driver takes a rest break, gets fired and they slander his DAC report are you serious? How many times have my friends driving for 35+ years making 35CPM can’t get home on Saturday this is utter nonsense. I got another friend “buying” a truck only to make 55CPM or $1500 weekly. We all know these things to be true what are you will to do . . . . . . .

  • guest

    This SHILL for rich people VOLTMAN…wasnt concerned when it only effected Truckers…..all these scores and inspections…but NOW…for gosh Sakes its affecting his Golf Buddies at the Country Club!!!! Eat crap and suffer with the truckers for achange you SHILL for special interests. The rules are already in place….not to yer liking?? ahahahahahahah too bad! You should be sued…you bottom feeding dick.

  • guest

    brokers and shippers dont want to be Sued for “negligent selection”?? How funny……they always hire the cheapest illiterate foreigner they can find..with horrible equipment….NOW that the PUBLIC can read the data on these dopes they hire….they dont like the SCRUTINY? Much better if all this info was HIDDEN from VIEW??? It really grieves me that these CHEAPSCATE shippers and their bed buddy “brokers” are now exposed to LAWSUITS for their NEGLIGENT OPERATIONS. They usually intimidate the driver to “make delivery on time or else!” too………Shippers and brokers are responsible for a large percent of accidents and fatalities……now they are crying on each others shoulders….and heping WRITE LEGISLATION that will PROTECT them from this EVIL CSA???????? eat dirt.

  • King Kong

    Man…you are a moron..65cpm? are u fkn insane? What do you think that Carriers make? How much do u think it costs to operate a truck, have a trailer, insurance, permits, ifta, loadboards, payrol…ans so on…payrol alone is $60 a week for one enployee !!!
    You need to wake up son ! Once u get ur own truck u can make more then that 65cpm that u are talking about.. depending what u drive…if its a van…forget about it..van drivers make shit

  • Del Ray Johnson

    When people speak of slaves, and a trucker do you realize that are talking about YOU !? King Kong yes you have the thinking of a monkey! You are the exact types we need to throw out of the industry! You need to find another low paying job at McDonalds. Every time the discussion is about raising the wages some fool like you comes along hey moron the current rates have been the same since before the 1990s dummy look up the words i-n-f-l-a-t-i-o-n! And obviously you do not have a family you are just a bum living in your truck b/c when the price of diesel went up and not come down NO CLUE, then no wife or significant other who have told you price of eggs, etc. has almost doubled and you little 30CPM or $500 for a 70 hour work week does not cut it. All people need to do is read these posts and see how stupid some of you guys really are and no need to increase pay at 65cents per as YOU SAID there is no profit in operating a truck EVERYONE knows that you foolish, stupid, Company driver who does not know what he is talking about please when adults are talking normally the children shut up.

  • Del Ray Johnson

    @Richie you are absolutely correct dumb slaves company have a easy supply of them without much effort. Why do you the ATA does not fight for these guys?

  • guest

    Agreed….plenty new Rules….no Pay Increase….this is out of balance for a supposed “freemarket”….greedy hogs are hiring LOW WAGE imbiciles by the thousands…..who are happy with 30cpm….thus filling our highways with unqualified, inexperienced drooling imbiciles driving heavy trucks in crowded traffic?? Deaths, Injuries, and accidents inolving 18wheelers have INCREASED each year since the implementation of CSA in 2010. I agree..plenty of Bums, Slaves, Jose and Pedro Truckers….PRETENDING to be concsientious, reliable, Journeyment Truckers….it is a SHAM to help the RICH further ENSLAVE humanity…..trucking has become a disgusting HELL.

  • Del Ray Johnson

    @guest thank you are absolutely correct you can see it but THEN they want us to increase our liability insurance to cover these fools serving as cheap labor.

  • jan johnson

    That because they are running out of laws they can f*** up! Now they want to invent some more f****ed up bs! To make there worthless ass feel good about rhemselves and pat there heads. Polish up their ego’s. Gggggg! They actually get payed to do that!!!!! Oh what a deal!

  • jan johnson

    I like your way of thinking! But there’s only one thing. No gives a Rat ass about us driver,. And your dreaming so wake up driver!!!!!

  • Del Ray Johnson

    Driver, Jan thank you this is not that hard how to, problems and solutions? First and foremost history has labor ever accomplished big changes w/o a strike ? You see I have not been invited to the radio show what did I say now 6 mos ago? Like I said we all need to save our monies planning to work only 11mos this year and on thy exact date on the Monday in November during the week of Thanksgiving clean out your trucks!!!!!!! And go home until NYE giving the ATA, O/O just LIKE CONGRESS for vacation to discuss wages. To date, Like said EVERY SINGLE TIME nonsense here are some of the comments: 1) owners of trucking companies said they can’t pay 65CPM hold I got you an increase to $4; 2) My plan will crash the entire US economy (so what) nobody even knew ObamaCare was a tax; 3) guys who gross $176K before fuel I got them minimum of $300K no thanks; and the 4) we can’t raise the rate just need to eat the costs of $4mm increase in insurance; 5) latest from this dummy king kong telling me I need to buy a truck to get 65CPM which show exactly why drivers get screwed over when leasing a truck! Be safe. . . . .

  • Kevin J. Reidy

    If you could read and understand one of the major carriers quarterly stock reports you might be amazed at what those dry van loads are paying.

  • Pingback: New legislation aimed at making roads and drivers safer | Lone Mountain Truck Leasing | Blog

  • Ai Pba

    Tell Mr. Voltmann: No New Taxes. Click Here to read how TIA may be creating new tax liability for property brokers:

    http://clt.bmetrack.com/c/v?e=4EF1B9&c=37059&t=1&l=8027062&email=oeJHzpLPlz8HsdK0W4g5rQ3rKB%2B7Fp2c&relid=

  • Ai Pba

    TIA’s Dirty Little SECRET:
    The $75K Broker Bond was really to stop TRANSPARENCY, not Fraud.
    See:
    http://clt.bmetrack.com/c/v?e=4F18CF&c=37059&t=1&l=88F073A&email=NjIs2zPPf%2BwcIw8YVUhFKsP4m19V0u%2BD&relid=less

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