U.S. Sen. Deb Fischer (R_NE) introduced legislation she said will help prevent excessive trucking litigation aimed at high damages and awards based on arbitrary standards.
The legislation, the Uniform Vehicle Safety Standards Act, would ensure that federal vehicle safety standards set by the National Highway Traffic Safety Administration are the national standards. The legislation would help to prevent litigation using state safety standards which may be different from the federal safety standards. The legislation is brought as costly civil lawsuits against trucking companies are on the rise, many of which are awarded damages based on arbitrary standards, even when vehicles and equipment are compliant with federal standards.
“These decisions are not being driven by the law, and we need to set the record straight,” Fischer said. “Federal standards are drafted for the safety of drivers and others on the road. These regulations should be consistent across states, and consumers should not be forced to pay more because of unfair practices that raise transportation costs.”
Fischer said the excessive lawsuits are driving up the costs of insurance and trucking prices which are then passed on to consumers.
Companion legislation sponsored by U.S. Rep. Mike Flood (R-NE) has been introduced in the House.
The bill is supported by the American Trucking Associations, the Alliance for Automotive Innovation, the International Foodservice Distributors Association, the Truck Trailer Manufacturers Association, the Truckload Carriers Association, the Truck Renting and Leasing Association, American Property Casualty Insurance Association, the American Bus Association, the National Tank Truck Carriers, the National Association of Trailer Manufacturers, the National Motor Freight Traffic Association, the National Association of Mutual Insurance Companies, the Transportation Intermediaries Association, the Nebraska Trucking Association, Werner Enterprises, and Timpte.
“When NHTSA establishes a federal safety standard, manufacturers and motor carriers should be able to rely on that determination,” Alex Rosen, Senior Vice President, American Trucking Associations, said. “Allowing lawsuits to effectively impose equipment mandates that diverge from federal requirements creates uncertainty, drives up costs, and threatens the uniformity that keeps our nation’s supply chain moving safely and efficiently.