Truck Safety Concerns Following Family Tragedy
On May 4, 2013, our daughters, AnnaLeah (17) and Mary (13), lost their lives in a truck accident, which led us to uncover significant issues surrounding truck safety, particularly insufficient liability insurance for trucking companies. The minimum liability insurance requirement for such companies was set at $750,000 by Congress in 1980. Adjusting for inflation, this should have been $2,225,643 in 2017, yet the Department of Transportation (DOT) has not updated this figure in 37 years, compromising public safety.
Regulatory Actions and Oversights
On June 5, 2017, the Federal Motor Carrier Safety Administration (FMCSA) withdrew the Advanced Notice of Proposed Rulemaking (ANPRM) that aimed to increase the current financial responsibility levels. This move followed a mandated report from FMCSA in April 2014—delayed by a year—outlining the appropriateness of current minimum financial responsibility regulations. Despite being required to issue updates every four years, the FMCSA did not meet its April 2017 deadline.
Legislative Intent and Safety Considerations
The Motor Carrier Act of 1980 established minimum financial accountability levels for carriers, emphasizing that this regulation was closely tied to their operational fitness for interstate commerce. Historical records reveal that Congress aimed to enhance safety and reduce the financial burden on safe carriers amidst industry deregulation. These objectives underscore the importance of appropriate minimum insurance levels.
Progress Towards Adjusting Insurance Requirements
The MAP-21 legislation initiated a process to ensure that liability coverage is regularly reviewed and adjusted as necessary. It mandated the Secretary of Transportation to report on the appropriateness of current requirements, delegating this task to FMCSA. While recent studies indicate rising medical and claim costs due to inflation, FMCSA recognized the need to re-evaluate financial responsibility minimums, treating this matter as a high-priority rulemaking issue.
Challenges in Gathering Industry Data
Following their 2014 report, FMCSA attempted to collect essential data regarding potential insurance premium increases linked with raising the minimum liability levels. They sought voluntary compliance from the insurance sector but encountered a lack of substantive information necessary to conduct a required cost-benefit analysis. In an effort to obtain data, FMCSA even initiated rules for confidential business information sharing.
Next Steps for Future Action
Despite these efforts, FMCSA ultimately withdrew the ANPRM on June 5, 2017. If the Secretary raised the minimum insurance level to match inflation, it would be set at approximately $2,225,643. This raises concerns about FMCSA’s diligence in conducting the mandated research, prompting questions about whether they could have taken more assertive actions, such as issuing subpoenas to the insurance industry.
A Call to Action
More than three decades since the current insurance figure was established, we propose that Secretary Elaine Chao take immediate action to adjust the minimum financial responsibility to $2,225,000. Following this, FMCSA should encourage Congress to hold public hearings for the insurance industry or issue subpoenas for needed data and expedite rulemaking to determine future minimum requirements as mandated by Congress. Failure to act could continue to put the public at risk, and accountability for these preventable tragedies must be established.
Sincerely,
Jerry and Marianne Karth
June 4, 2017
