2010 Legislative Agenda:
The 2010 Highway Safety and Personal Responsibility Initiative includes three proposals.
Repeal of the “seat belt 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.”
View some of the MTA's 2009 Legislative successes here.
The Minnesota Trucking Association (MTA) Board of Directors establishes legislative priorities on an annual basis. If you have any industry issues that you would like to discuss please contact Adam Chelseth at (651) 646-7351 or by e-mail at adam@mntruck.org.
Where to go to Learn More:
President Barack Obama provides a great deal of information about current events and public issues on the Presidential web page. You can watch recent press briefings, listen to radio interviews and submit questions to members of the Cabinet at http://www.whitehouse.gov/
Governor Tim Pawlenty's web site is filled with useful information. By clicking 'Government Directory' you can even access a listing of government employees as well as agency web pages at http://www.governor.state.mn.us/
Both our Federal and State Legislatures have very user-friendly web sites with many useful links that allow you to track legislation, get information about legislators, and learn about the legislative process. Take time to explore these very useful pages!
Visit http://geo.commissions.leg.state.mn.us/districts/start.html to discover who represents you at the state and at the national level. By simply entering your street address and zip code, you will be provided with contact information and websites for your state and national elected leaders.
