In the February 2021 edition of the Texas Propane magazine, the Texas Propane Gas Association wrote about frivolous lawsuits against commercial motor vehicles whether it is trucks and vans like ABC Pest & Lawn or big rigs, basically, any vehicle with a logo is at risk. Lawsuit abuse in Texas on the rise.

Both the Governor and Lt. Governor, listed Protection of the Trucking on their list of priorities for this 87th Legislative Session. Additionally, groups like Texans for Lawsuit Reform and Texas Trucking Association are leading the charge for reform.

As a result (4) bills are being filed by legislators to protect against commercial motor vehicle abuse. We have previously reported on SB 207 and its House companion to curb unmerited exaggerated medical bills by the "injured party".

Since then, House Bill (HB) 19 has been introduced and its Senate companion, SB 17 will also be filed as well.

HB 19 by Rep. Jeff Leach (R Plano) will help standardize what is admissible in CMV accident cases statewide. The bill put in place a number of provisions that will assist in civil cases like not allowing old safety violations older than two years to be brought up and allowing photographs and video to be admissible. So, if it is just fender bender or minimal damages the court can see that.

House Bill 19 will be heard this week in the Texas House Judiciary & Civil Jurisprudence Committee. The fact that it is getting a very early hearing and the committee considering the bill is Chaired by Leach himself, the author of the bill is a good sign.

Join the Keep Texas Trucking Coalition at https://keeptexastrucking.com/join-our-coalition/.

Email your legislators via https://keeptexastrucking.com/take-action/, and share personal stories about how this abuse has impacted your company. Including:

o  The type of vehicle fleet you operate: we want to make sure lawmakers understand that any company vehicle with a logo on it is at risk.

o  Stories about egregious and abusive lawsuits: if you have been sued due to a commercial motor vehicle accident, lawmakers need to hear about it. Please provide as many details as possible (circumstances of the accident, alleged damage, any information about the plaintiff’s alleged medical expenses, final settlement/judgment).

o  Stories demonstrating increased insurance costs: whether you have been sued or not, lawmakers need to understand how this is affecting the commercial vehicle insurance market. How much have insurance premiums and deductibles increased in the last 2-10 years? Have you made any claims against your insurance? How has this increased cost affected your business? Have you had to increase prices, reduce employee benefits, lay off employees, shrink operations, etc?

Send a copy of your story to Texas Propane Gas Association to info@txpropane.com so we can also learn more about how this issue may be affecting our members.

Recently Fleet Owner magazine highlighted several federal trucking regulations and their status, in this brief, we highlight a few of those:

The Trump administration's Department of Labor proposal would have clarified the difference between an employee and an independent contractor was put on hold by the new administration. Opponents claim the proposal would make it easier for employers to classify drivers as contractors to evade paying employment taxes and benefits.

According to Fleet Owner, “The Trump administration shelved the Obama administration’s proposal to require speed limiters on large trucks. Democrats pushed for this to be part of the 2020 infrastructure bill that passed the U.S. House. This is expected to be part of the 2021 proposal or return as a proposed rule from Biden’s DOT.”

2020 Hours of Service changes: Should Remain

The new hours of service (HOS) rules that went into effect last September are likely to remain. The significant HOS changes expanded the short-haul exception to 150 air miles and a 14-hour work shift; expanded the adverse driving conditions exception by up to two hours; redefined the 30-minute break requirement; as well as made some changes to sleeper berth provision. While Congress has tasked FMCSA to do a study on the impact of the new rule on highway safety, experts do not expect roll-back of 2020 Hours of Service changes as a priority for FMCSA.

Last year, there was a federal proposal that didn’t make the final 2020 interstate Hours of Service rule changes that would have allowed a driver to pause their on-duty driving period with (1) off-duty period up to 3 hours. FMCSA had proposed a pilot program; however, this one of items put on hold by new administration.

TPGA will continue to update its members on both state and federal regulations throughout the year. Stay tuned.

Winter Storm Uri brought record low temperatures and inclement weather straining our power grid. While inclement weather did affect some propane delivery and transportation, propane helped so many without power.

Share your winter storm success stories and photos for a chance to possibly be featured in the Propane Education & Research (PERC) video about how propane helped so many during the winter storm blackout.

Email emily.mccomas@propane.com by Wednesday, March 10, 2021, to share your winter storm success story and pictures.

The deadline for nominations has been extended to March 19. A selection committee made up of industry professionals choose the top 30.

*Everything bold takes place at NPGA Expo

Here is the link to the nomination form: http://bit.ly/30under30NominationForm