Image

Senate bill takes aim at 'vagaries' of CSA, sets carrier selection standards

May 26, 2015
The Senate version of a bill aimed at protecting shippers and brokers from liability claims related to carrier selection was introduced late last week.

The Senate version of a bill aimed at protecting shippers and brokers from liability claims related to carrier selection was introduced late last week.

The “Transportation and Logistics Hiring Reform Act” (S. 1454) by Sens. Deb Fischer (R-NE) and Roy Blunt (R-MO) would create a national hiring standard for motor carriers.

The bill serves as a “vital reform measure” to address the “confusing and conflicting vagaries” created by Compliance, Safety, Accountability scores within the marketplace, says the Transportation Intermediaries Assn.

“As Congress continues to work towards a multi-year transportation reauthorization bill, this bill is a key step towards helping American businesses who are being unfairly brought into lawsuits for no fault of their own,” said TIA President and CEO Robert Voltmann in a statement. “TIA members are tired of having their livelihood put at risk every time a motor carrier is hired, because the [Federal Motor Carrier Safety Administration] lacks the resolve to remove unsafe carriers from our nation’s highways.”

S. 1454 is similar to H.R. 1120 that has been introduced in the House by Rep. Jimmy Duncan (R-TN). The bill would require that before hiring a motor carrier, a shipper, broker, forwarder, and/or receiver ensure that the motor carrier is:

  • Properly registered with the FMCSA
  • Has obtained the minimum insurance; and
  • Has not been given an “unsatisfactory” safety rating.

The national hiring standard would clarify and standardize industry best practices for hiring safe motor carriers, TIA contends. Currently, industry stakeholders are often asked to second guess the FMCSA on determining which carriers are safe to operate and those that are not.

Additionally, S. 1454 would prohibit any “data” other than the national hiring standard from being used as evidence against an entity in a civil action for damages resulting from a claim of negligent selection or retention of such motor carrier. The bill would also require the Agency to complete the Safety Fitness Determination (SFD) rulemaking within an 18-month period.

“The bill … establishes a uniform standard which can be relied upon by anyone hiring a motor carrier,” said Ben Campbell, chief legal officer and secretary, C.H. Robinson. 

About the Author

Kevin Jones 1 | Editor

Kevin has served as editor-in-chief of Trailer/Body Builders magazine since 2017—just the third editor in the magazine’s 60 years. He is also editorial director for Endeavor Business Media’s Commercial Vehicle group, which includes FleetOwner, Bulk Transporter, Refrigerated Transporter, American Trucker, and Fleet Maintenance magazines and websites.

Voice your opinion!

To join the conversation, and become an exclusive member of FleetOwner, create an account today!

Sponsored Recommendations

Take Control of Your Finances: A Practical Guide for Carriers in Trucking

This guide is designed to help you navigate these challenges, featuring strategies for automation, examples of effective tools, and a real-world success story from Phoenix Cargo...

Report: The 2024-2025 State Of Heavy-Duty Repair

Fullbay's fifth annual State of Heavy-Duty Repair compiles insights from almost 1,000 experts and over 3,500 shops. If you aren't leveraging these proven data points, your competition...

Guide For Managing Maintenance

The Guide for Managing Maintenance is a comprehensive resource designed to help fleet managers improve their maintenance operations, reduce downtime, and lower overall fleet costs...

The Road Ahead: 2025 Trucking and Fleet Insights

Discover how fleet operators are impacted by challenges like driver onboarding delays and complex compliance, and the critical need for technology to boost efficiency and cut ...