RESUMÉ: 2002 MOTOR CARRIER INDUSTRY
Introduction
We faced a new world order in 2002. The year began amid fears of terrorism
and ever growing concern over the state of the economy. Americans have begun to
adapt to the new order and to the struggle to find peace and prosperity. The
vulnerability which we felt following 9/11 has been replaced by a sense of
caution and watchfulness. This new vigilance has been seen in the transportation
industry and is exemplified by the creation of the American Transportation Army,
an organization of truckers under the auspices of the American Trucking
Associations. Its Anti-Terrorism Action Plan is an effort to calm fears over the
use of the nation's trucks as terrorist weapons.
With over 6 million ocean containers arriving every year, and over 2 million
tractor trailers operating on a daily basis, the eyes of the public and the
government focused on ways to secure the transportation industry from terrorist
attack. Many of the new procedures implemented by motor carriers over the last
year to tighten security are expected to have the additional effect of reducing
cargo theft. With cargo theft reported to range from $3.5 to $12 billion a year,
any reduction will be welcomed.
The economic impact of the Enron and WorldCom bankruptcies and the
reevaluation of accounting procedures for all companies sent the stock market
into a rapid downward spiral. The transportation industry, already reeling from
increasing insurance costs and higher diesel fuel prices, faced reductions in
tonnage, greater operating expenses and loss of investment opportunities. The
insurance industry, which previously relied heavily on investment returns in
order to maintain profitability, has been forced to offset substantial losses in
the stock market with increased premium rates and more selective underwriting,
making the market for insurance even more costly for trucking companies.
As we close out the year, the threat of war with Iraq looms and there is no
general consensus on whether the economic recovery, which may be bumpy, will be
sufficient to allow the transportation or insurance industry to avoid further
major trauma. Although rates for both freight and insurance premiums continue to
rise, both insurers and motor carriers continue to struggle to maintain
profitability.
In last year's resumé we were pleased to report that the Federal Motor
Carrier Safety Administration had its first permanent head. However, Joseph
Clapp, who took the reins just last year, has already tendered his resignation
to the U.S. Department of Transportation. At year's end Roger Nober was named
chairman of the Surface Transportation Board, replacing Linda Morgan.
Government
Activity
During 2002, government agencies focused on increasing security for all
aspects of the transportation industry. While there was much political
maneuvering to implement the Department of Homeland Security and the Port
Security Act, many federal agencies looked for ways to increase security through
existing regulations. For example, the FMCSA began enforcing requirements that
placards and placard holders be used only to identify hazardous materials. The
Food and Drug Administration released safety guidelines for food transporters.
The Transportation Security Administration advised that early this year it will
file a proposed rulemaking requiring trailers to be locked at all times.
Although the North American Free Trade Agreement required that Mexican-U.S.
borders be opened by January 1, 2000, they remain closed to this day. Target
dates were repeatedly set and then extended. In early May, a coalition of
environmental, public advocate, trucking and labor groups sought to enjoin the
opening of the border on the basis that an environmental impact study had not
yet been completed. The court refused to issue an injunction, although the case
continues. In accordance with the directives of DOT Secretary Mineta, various
draft rules were finally presented to the Office of Management and Budget
setting forth the protocol for the certification of Mexican carriers. In early
November, Mr. Mineta certified the borders for opening. On November 27, 2002
President Bush authorized the DOT to proceed with the necessary final actions to
end the moratorium on Mexican truck access. On December 2, 2002, the coalition
applied for an emergency court order to stop the opening. The court
rejected the request.
At the other border of the country, the U.S. and Canada began the
implementation of various programs contained in the Smart Border Program signed
in December of 2001. The program seeks to create express lanes at border
crossings and clear up delays through pre-certification of shippers and motor
carriers. A similar agreement was signed with Mexico in April of last year.
The modification of the 1939 Hours of Service rules continues to remain
unresolved. Mr. Clapp has advised that he anticipates that new hours of service
rules will go to the White House for review before he departs the FMCSA. Despite
the fact that the proposed rules have not yet been released for review by the
public, various trade organizations are already positioning themselves for the
anticipated fight over the new rules. This is expected to be a contentious issue
in the coming year.
While security was a primary focus, other significant regulations were put
into place. In 2002, the STB's household goods valuation ruling of 2001 was
extended to all carriers of household goods. By mid-year, all household goods
carriers were required to modify their transportation documents to reflect the
changes. As an easy loss prevention tool, underwriters should request
confirmation that their carriers have made the necessary changes.
The DOT also issued its final rulemaking on the standards to be employed in
the protection of cargo. The new standards are based upon the American Cargo
Securement Standard Model Regulations. While the rule was effective in December
2001, carriers will have until January 2004 to implement all the new
requirements .
In September 2002, FMCSA began enforcement of an interim rule which allows
the FMCSA to put a carrier out of service if the motor carrier is operating
outside the scope of its operating authority. In addition, the FMCSA released
new rules covering CDL drivers which, among other things, will allow for
revocation of a CDL if a driver loses his non-commercial license as a result of
DWI or DUI offenses. The FMCSA anticipates that over 26,000 truck drivers could
be disqualified each year.
At midyear, FMCSA determined that it would exclude intrastate motor vehicle
violations and accidents when determining safety ratings. As is often the case,
however, the new policy has created more questions than answers as carriers
struggle to determine exactly which violations or accidents can be disregarded
in reports to the FMCSA.
In November 2002, the Truckload Carriers Association filed a petition with
the DOT seeking to exempt all motor carriers of property from mandatory
financial reporting requirements. The TCA had been unsuccessful in past attempts
to rescind these reporting requirements, in part due to the efforts of the
insurance industry and other concerned organizations. We will continue to
monitor this issue and will take all steps necessary to prevent the rescinding
of this requirement so that you can continue to have adequate information to
properly assess each risk presented to you.
The Motor Carrier Industry
The motor carrier industry has suffered, as we all have, from the economic
downturn and the increased expense of doing business. The cost of additional
security procedures, along with increased insurance premiums and fuel costs,
have further reduced profitability. Despite the dismal returns for some motor
carriers, trucking continues to be a big business in this country. The Bureau of
Labor Statistics reports that there are more than 3 million heavy-truck drivers
nationwide, and over 600,000 companies involved in the industry. The ATA reports
that 81.6 percent of all trucking operations operate 20 or fewer trucks. The
industry employs 9.9 million Americans, paying more than $317 billion in wages,
and generating revenues of $606 billion. The DOT released a study indicating
that domestic inland truckers will increase freight capacity in coming years.
The strike at the West Coast ports in October was another setback to economic
recovery for the transportation and marketing industries. With over $300 billion
in freight moving through the port in any given year, the relatively short
shutdown crippled the local transportation industry and reduced merchandise
at the start of the high volume holiday season.
This year the industry saw the bankruptcy of Consolidated Freightways, one of
the largest LTL carriers, and the disappearance of APA Transport, another large
carrier. While these companies were front page news, and many other smaller
truckers terminated operations during the year, overall bankruptcy filings
slowed for motor carriers during 2002. In the final months of 2002 many carriers
implemented freight rate increases as a way to offset the increased cost of
doing business. The ratio of demand for shipping services to capacity is
reportedly higher than ever before and shippers appear to be resigned to
accepting these increased charges in order to ensure that their freight will
move. Security surcharges were also being implemented by carriers by the end of
the year. The cost of diesel fuel continues on a roller coaster, with more highs
than lows. Although late fall saw a short drop in fuel costs, overall the price
of diesel fuel rose substantially last year.
On the upside, motor carriers have made inroads on reducing safety
violations. The Commercial Vehicle Safety Alliance reported that 77.9% of the
trucks and buses which they inspected met safety standards. Recent drug testing
statistics have also reported a reduction in the number of drivers testing
positive. Random testing showed a 5% reduction in drivers found with a blood
alcohol content of .02 or higher.
In the coming year we anticipate substantial movement in the effort to
generate a uniform model for transportation contracts. In past years, motor
carriers often routinely signed any contract given to them by the shipper. In
this tight market they are beginning to evaluate the cost of accepting all
responsibility for cargo, personal injury and property damage without guarantees
of traffic volume. As the implementation of any uniform contract could have a
profound impact on the underwriting process we will follow this issue closely.
The ATA has begun wooing back the various groups which had previously
splintered from the organization. The Truckload Carriers Association has
rejoined the ATA and more are expected to follow. Once the proposed new hours of
service rules are released to the public, the ATA will likely lead the fight to
resolve the concerns arising from them. Although the ATA was active in seeking a
delay in the implementation of the new diesel emission regulations, it was
unsuccessful. The rules became effective October 1, 2002.
The National Master Freight Agreement between the Teamsters and many of the
large carriers expires on March 31, 2003. The existing contract covers more than
85,000 LTL employees at more than 60 companies. The parties have already begun
active negotiations.
Insurance
Underwriting
In the year following one of the largest catastrophes ever to hit the
insurance industry, insurance carriers were faced with a struggle to find
profitability in a market which had already been volatile before the attack.
2002 did not prove to be a year for dramatic recovery as insurance carriers
faced losses in investments and equity income, high jury verdicts, loss of
capital and risks of terrorism. Increasingly during the last year the focus has
changed to harder underwriting as a way to offset the losses from investment
income.
Despite increased premium dollars and greater emphasis on underwriting, many
rating organizations have continued to maintain negative outlooks for commercial
and reinsurance markets. In the post-Enron environment the issues of reserves
and balance sheet integrity are being viewed carefully. Standard and Poor's
reports that at year end over 40% of the commercial lines insurance companies
hold either a negative outlook or are on Credit Watch Negative. Standard and
Poor's reports an overall average combined ratio of 108% for 2002 with a drop
to 105% expected in 2003.
Politically, much of the year was spent seeking resolution of the need for
terrorism insurance. After much maneuvering between political parties, President
Bush finally signed the Terrorism Risk Insurance Act on November 26. This bill
allows for $100 billion in federal funds to be made available to insurance
companies in the event of a terrorist attack that caused more than $5 million in
losses. The new statute, which voids terrorism exclusions on current policies,
contains a morass of requirements for insurers to complete before terrorism may
be excluded. In the final months of 2002 most insurers scrambled to implement
procedures for a smooth transition. Guidelines for implementation of the
regulations were released in the final days of December and are designed to help
insurers determine how to comply with the Act. Any organization that meets the
program's definition of "insurer" must participate in the program,
including state-licensed or admitted insurers, eligible alien surplus line
carriers, and insurers that are approved by federal agencies in connection with
maritime, aviation or energy activities.
On the whole, truck insurers reported that they continued to raise rates over
this past year. Rate increases of up to 30% have been requested by some insurers
who had not yet begun to increase rates prior to 9/11. As many insurance
companies evaluate what markets they intend to focus on in the coming year, we
continue to see a decline in the number of insurance carriers seeking to write
motor carriers. However, many insurers with sophisticated underwriting processes
and a knowledge of the industry report that they are operating profitability. We
are pleased that CAB is an integral part of these insurers informed underwriting
procedures.
A year has passed since we last reported on the lack of progress in
reconciling insurance and trade issues between Mexico and the United States.
With much of the industry focused on terrorism insurance last year, the issues
related to insuring Mexican carriers in the United States and cargo inside
Mexico has fallen by the wayside. As there is a likelihood that the border will
open within the next six months we anticipate that these issues will resurface.
As resolution of these issues will affect your policy terms, conditions and
exposures, we will keep you advised of developments in our monthly "Bits
and Pieces".
Central
Analysis Bureau
This past year was exciting for Central Analysis Bureau. During the year we
introduced our internet-based "clearing house", which is available at
no additional charge to all our "automatic" subscribers. The reaction
of our subscribers has been positive and usage of the website is high. The
website contains the CAB rating and financial and operating information on the
motor carrier, along with easy links to data from various DOT databases
(including insurance filing information, SAFER and SafeStat). Underwriters
report that the underwriting process has been streamlined through use of the
website which allows them to have all of the relevant information at hand to
make an informed decision on a risk. For those of you who are eligible but have
not yet signed up, you can start the enrollment process by going to our web site
cabfinancial.com (just click on the link for "Subscriber Area"
in the upper right corner, then on the link "New User Signup" on the
resulting page).
We began to include information from the FMCSA's SafeStat database on our
analysis reports during 2002. SafeStat is an attempt by the FMCSA to take all
the safety-related information it receives, quantify it and compare a specific
motor carrier to the entire universe of motor carriers. Effective April 1, 2002
every motor carrier is now required to report biannually the size of its fleet,
its mileage traveled and the number of drivers used in its operations. This
information, which we make available to our subscribers along with the other
information we gather on your behalf, provides further assistance in evaluating
motor carrier risks.
During the past year CAB has continued to increase the specific and valuable
information we provide and to tailor it to the needs of the insurance
underwriter in order to reduce your risk and increase your profitability. For
example, because we continue to see that many insurance carriers issue liability
filings for an amount greater than the required limits, creating unnecessary
exposure to the insurer, we have now begun including on our reports, and
highlighting on our web "clearing house", a motor carrier's required
filing limits and the limits of the currently active filing. We urge you to
review these required limits and adjust your filing to minimize your exposure.
At a time when there is great focus on the underwriting process we recognize
that underwriters need more than just financial information in order to fully
evaluate a risk. Understanding the events that affect an individual motor
carrier's operation allows an underwriter to tailor the coverage to protect
both parties. For that reason we continue to notify our subscribers whenever the
FMCSA issues an "out of service" order for an insured. Underwriters
should be concerned whenever a motor carrier runs afoul of governmental
regulations and is ordered to cease operations, even for a short period of time.
We now provide this notification via e-mail for those subscribers who have
provided us with their e-mail address. As an added service, we also continue to
monitor releases from the transportation press and governmental regulatory
agencies and will notify subscribers of any new information concerning an
insured, including potential financial difficulties.
During 2002 we also began to offer to our subscribers the option of receiving
analysis reports for insureds via e-mail (in Adobe Acrobat format). If you
currently receive your reports via the mail but would prefer to have them sent
to you via e-mail please contact Mark Schweber at mschweber@cabfinancial.com
or extension 207. Since 1998 we have published a free monthly newsletter, "Bits
and Pieces" on our website, which summarizes important events in the
transportation and insurance industries. In 2002, we began to e-mail this
newsletter to subscribers. If you do not currently receive it and would like to,
please furnish your e-mail address to Mark Schweber.
For over 50 years we have been committed to assisting motor carrier insurance
underwriters as much as possible. If you ever wish to discuss anything in "Bits
and Pieces" in greater detail, or have any questions regarding
transportation and insurance, or government regulation of these industries,
please do not hesitate to contact us.
We work hard to pursue every avenue available to secure current financial
information on motor carriers. We are gratified by the cooperation of our
subscribers in this important effort, both in helping us to improve the
effectiveness of our annual mailings to motor carriers and in obtaining and
transmitting to us financial information from motor carrier insureds and
prospective insureds. We continue to pledge a 24-hour turnaround to provide a
rating based upon financial information faxed or e-mailed to us by our
subscribers.
Our affiliate, Transportation Technical Services, Inc., is America's
foremost publisher of transportation directories, both on the web and in print.
Its subscription-based web directory, fleetseek.com, has information on
almost 88,000 for-hire motor carriers, private fleets and owner-operators in the
U.S., Canada and Mexico, and is updated continuously throughout the year. The 17th
edition of its flagship National Motor Carrier Directory, containing
essential information on almost 24,000 for-hire carriers, has just been
published. Financial and statistical information on over 2,900 large motor
carriers can be found in its "The Blue Book of Trucking Companies".
This information is also available on fleetseek.com. To order or get
further information phone (888) ONLY TTS or visit their website at ttstrucks.com.
The senior staff of TTS (and CAB) are recognized transportation experts with
many years of experience and are available for litigation, consulting or other
purposes.
The law firm of Schindel, Farman & Lipsius LLP specializes in
transportation and other coverage matters. It has prepared the following pages
concerning recent legal developments and you may wish to share them with your
claims department staff.
As we noted last year, Andy Schindel cut back on his work load during 2002
and as a result this resumé, written primarily by Jean Gardner, is the first
one in over 20 years for which he is not the primary author. Andy has now
retired and we all wish him years of enjoyment in the mountains of Vermont. Jean
Gardner, Ira Lipsius, Andy Schindel, Steve Schindel, Mark Schweber, Judy Silpe,
Gary Bitsko, Alex Bentsen, Matthew Kirschbaum, Daniel Bong and the entire staff
of CAB extend our best wishes for the coming year to all our subscribers. We
will work hard to provide you with the maximum service possible and we welcome
your suggestions and feedback.