Inside Coverage Insurance Fall 2007
A publication of Great West Casualty Company
Copyright 2007, All Rights Reserved

By now, most of you have heard about the decision of the U.S. Circuit Court of Appeals in Washington, D.C., which ruled against portions of the FMCSA Hours of Service rules. More than likely, you may have also heard of various opinions from lawyers, drivers, etc., as to what happens next. There are some messages out there advising truckers to return to the old Hours of Service regulations immediately.

Great West Casualty Company is concerned about and committed to total compliance with statutes, regulations, and judicial decisions. At the same time, customers rely on us to provide guidance in matters such as this where there appears to be conflicting opinions. Our goal is to be accurate and not create unnecessary confusion.

For that reason, we have asked the American Trucking Associations (ATA) for their legal and regulatory experience and guidance regarding if, and when, motor carriers must revert to prior Hours of Service regulations regarding 10 versus 11-hours of service and the 34-hour restart. ATA advises that rather than the court decision requiring immediate change effective July 24, as some may suggest, that the law provides for a 52-day reaction window.

During this window, the parties to the litigation can evaluate and initiate appellate and/or legislative options open to them. Past experience suggests that the court could extend that window to provide FMCSA time to promulgate new regulations that meet the standards set by the court.

This is a matter that will continue to attract significant media scrutiny. Virtually everyone will be exposed to frequent updates. If our customer’s own transportation counsel recommends a certain course of action, by all means, they should follow the advice of counsel. Remember, some of our customers have drivers and operations personnel who never operated under past Hours of Service regulations. For them, it is not simply a matter of reverting from “Plan B” back to “Plan A.” Some carriers are developing contingency plans to revert to the old regulations (pre 2005) which restricted drivers to 10 hours and no provision for a 34-hour reset. It took carriers quite some time to adjust to the “new” Hours of Service rules. A revision to the old rules could be quite an undertaking to say the least. If you have any questions, please call Great West’s Safety Service Department.

Truckers Deserve Our Thanks

More than 3.4 million drivers are in for a nationwide pat on the back during National Truck Driver Appreciation Week, August 26 to September 1, 2007. During this week, drivers are recognized for their hard work in moving the goods and products that make up our national economy.

There are a variety of ways to thank the professional men and women who keep the wheels of our economy booming. Some companies celebrate with one large event and often include their drivers’ families. It’s also easy to thank your drivers during their daily activities by providing breakfast or coffee and donuts for them at your facility.

National Truck Driving Championships
Each year ATA’s Safety and Loss Prevention Management Council hosts the National Truck Driving Championships (NTDC), one of ATA’s largest programs, known to many as the “Super Bowl of Safety.”

The 2007 NTDC will be ATA’s 70th annual championship competition. It is at NTDC that the best professional truck drivers in the country gather to vie for national titles in various classifications and for the top honor of NTDC Grand Champion.

The 2007 National Truck Driving Championships will be held Tuesday, August 21, through Saturday, August 25, 2007, at the Minneapolis Convention Center, 1301 2nd Ave S. Minneapolis, MN 55403, with the Hilton Minneapolis as the primary NTDC hotel.

At NTDC, each driver has a chance to demonstrate his or her driving skill and knowledge of the trucking industry through a series of tests. The drivers are given a written examination, personal interview, pre-trip inspection test and finally the most visible - the field test.

Are You Covered

As a motor carrier, you have physical damage and liability coverage for your tractors and trailers. You also have cargo coverage for the goods you haul. You’re set, right? Not quite. Great West offers commercial general liability coverage that will address the following situations:

• Customers on your premises.
• Salesperson on a customer’s premises - what they say and do.
• Loading and unloading: before a load is picked up and after it is unloaded, or while being moved by a mechanical forklift.
• Erroneous delivery of products, including liquids.
• Actions of a driver while on the premises of others: loading docks, truck stops, etc.
• Libel and slander exposures. Writing or saying something injurious, i.e. remarks made about an employee during a reference check.
• Taking an outside repair job or performing repairs for an owner/operator.
• Helping a disabled trucker fix his brakes at no charge, and they fail later.
• Selling extra tires or parts to another trucker.
• Bodily injury resulting from using self-defense to protect persons or property.
• Attractive nuisance on business property.
• “Guard dog” used to protect business property.
• Furnishing free alcohol at a party or after a meeting.
• Contractual liability - leases, key-stop agreements, intermodal, etc.
• Fire legal liability on rental property.
• Medical expense coverage.
• Options may also be included, such as employee benefits liability or stop gap to obtain employers liability in monopolistic work comp states.

All claims are managed by adjusters who are experienced in handling premises and operations exposures. See your agent for details on this coverage.

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