ABA supports the Federal Motor Carrier Safety Administration (FMCSA) withdrawing its Nov. 28, 2014 advance notice of proposed rulemaking (ANPRM) to raise insurance limits on motorcoaches and trucks. After reviewing all public comments to the ANPRM, FMCSA determined it has insufficient data or information to support moving forward with a rulemaking proposal, at this time.
Upon the initial publication of the ANPRM, ABA engaged in a full scale effort to educate the FMCSA on the issues raised by their proposed course of action and likely negative consequences. The ABA created partnerships with insurance industry associations/advocates/and other transportation safety groups to encourage the FMCSA to conduct additional research not only look into the cost/frequency of accidents, but also the impact on the business, particularly considering the cost of a new motorcoach vs. a new truck. Additionally, ABA worked with Congress to include in the recently enacted FAST Act a requirement for FMCSA to conduct additional research, specific to the industry, before undertaking any rulemaking activity to increase insurance limits.
"ABA continues to weigh in on the issue of insurance minimums with FMCSA, including through the agency's Motor Carrier Safety Advisory Committee, on which ABA sits," said Peter Pantuso, president & CEO of ABA. "While some carriers do have higher insurance above the minimum $5 million, we believe it is an individual carrier’s decision on what levels to carry. The individual companies are in the best position to determine what level of insurance is appropriate to address safety risks and protect the assets of their company."