Minnesota Trucking Association Announces 2010 Legislative Agenda

Legislation will promote personal responsibility and highway safety

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Feb 08, 2010, 01:01 ET

ST. PAUL, Minn., Feb. 8 /PRNewswire/ -- The Minnesota Trucking Association (MTA) and its members today announced their 2010 legislative agenda, which will further define and clarify responsibility in traffic accidents under Minnesota law. The 2010 Highway Safety and Personal Responsibility Initiative will focus on accountability for all drivers and continue the trucking industry's efforts to ensure safe Minnesota roadways.

"Highway safety for all vehicles is first and foremost about personal responsibility," said John Hausladen, MTA president. "However, current Minnesota law doesn't always clearly outline responsibility or provide an incentive to promote personal safety."

The 2010 Highway Safety and Personal Responsibility Initiative includes three proposals.

Repeal of the "seatbelt gag rule"

Minnesota law considers failing to wear a seatbelt a primary traffic offense because measurable data shows that seatbelts save lives. However, the "seatbelt gag rule" prohibits courts from considering evidence about the use of seatbelts by motorists in personal injury cases. Allowing evidence about seatbelt use will give all motorists additional incentive to buckle up and reaffirms the importance of seatbelt use by all drivers and their passengers.

Prohibit "total" indemnification clauses in freight contracts

Increasingly, shippers require carriers to sign freight-hauling contracts that include "total" indemnification clauses. These clauses relieve the shipper of all liability, even in cases of the shipper's own negligence. MTA members are willing to take responsibility for incidents that are a result of their actions, but these clauses unfairly shift all of the risk onto carriers. This proposal will prohibit "total" indemnification clauses, allowing Minnesota to join at least 17 other states with a similar law.

Clarify the definition of "motor vehicle"

Currently the judiciary and insurance companies treat a tractor-trailer as one vehicle for liability purposes. A change is in the works to consider a truck tractor and truck trailer as two separate motor vehicles. A two-vehicle definition means that each time one company's tractor hooks up to another company's trailer, both companies could be held financially responsible for an accident that was the driver's fault. Because a trailer company rarely selects drivers or controls their behavior, a two-vehicle definition doesn't make sense and may increase overall insurance and shipping costs. And this change wouldn't be limited to just the trucking industry—it would also impact anyone who loans a neighbor their trailer to tow a boat or snowmobile to the cabin.

"While the Minnesota Trucking Association is seeking greater emphasis on driver responsibility under Minnesota law, we're also focused on continued training for truckers and their employers because we believe road safety starts with us," Hausladen said.

In addition, the MTA's 2010 proposals will help manage operating and consumer costs by avoiding unnecessary litigation.

"When the law clouds personal responsibility, it means drivers and others don't act as safely as possible," Hausladen said. "We look forward to working with state legislators and all Minnesotans to ensure personal responsibility and safer roads across the state."

The MTA is a non-profit trade association representing the interests of Minnesota's motor carrier industry since 1932. With almost 700 member companies, the MTA is a powerful voice for the industry. Its mission is "to ensure that the trucking industry speaks with one voice by bringing together truckers, their employers and contractors, and allies to: Create a positive image for the industry; provide safe, environmentally clean and essential services; and encourage an economic and political environment that provides our industry with fair competition." For more information go to www.mntruck.org.

SOURCE Minnesota Trucking Association