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MA to Enforce Ban on Hand-Held Mobile Phone Use While Driving a commercial motor vehicle

Posted on January 5, 2012

We have just learned that the U.S. DOT rule regarding the use of hand-held mobile phones in commercial motor vehicles which took effect yesterday will be enforced in Massachusetts. We learned from the State Police Truck Team that enforcement will be by the Truck Team and any state or local police officer certified for commercial motor vehicle enforcement by the National Transportation Safety Board (NTSB). (See the December 2011 edition of Registry News.)

Massachusetts Regulation 540 CMR 14.00 establishes “rules and regulations governing the use and operation of certain motor vehicles, trailers and commercial motor vehicles, and motor carrier safety and the transportation of hazardous materials by motor carriers in both intrastate and interstate commerce upon the public ways of the Commonwealth of Massachusetts.”

The regulation goes on to define “commercial motor vehicle” as follows:

14.02: Scope and Applicability

(1) 540 CMR 14.00 applies to:

(a) motor carriers operating commercial motor vehicles and persons who drive commercial motor vehicles as, for, or on behalf of motor carriers, upon the ways of the Commonwealth.
(b) all motor carriers and shippers transporting hazardous materials, under the Hazardous Materials Regulations of the United States Department of Transportation, Parts 171 through 179 of Title 49, Code of Federal Regulations, by motor vehicles upon the ways of the Commonwealth.
(c) common and contract carriers by motor vehicle, and private carriers of property and passengers by motor vehicle.

(2) (a) As used in 540 CMR 14.00, “commercial motor vehicle” shall mean:
1. a motor vehicle with a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more used for the transportation of property, or

2. a motor vehicle designed to transport more than 15 passengers, including the driver, or

3. a motor vehicle used in the transportation of hazardous materials in a quantity requiring placarding under the Federal Hazardous Materials Transportation Act (49 U.S.C. App.1801-1813).

(b) It is the intent that the term “commercial motor vehicle” as used in 540 CMR 14.00 shall have the same meaning as in Part 390.5 of Title 49, Code of Federal Regulations, as it may be amended, and to the extent there is a conflict between the two at any time, the definition in 49 CFR Part 390.5 shall control.
The regulation goes on to explain MA DOT’s adoption of federal regulations as state regulations:
14.03: Adoption and Incorporation of Federal Regulations as State Regulations Subject only to the specific exceptions and limitations expressly stated in 540 commercial motor vehicle 14.00, the Federal Motor Carrier Safety Regulations, Parts 382, 390 through 397 of Title 49, Sub-chapter B of Chapter III, Code of Federal Regulations, and the highway related portions of the Federal Hazardous Materials Regulations, Parts 171 through 179 of Title 49, Sub-chapter C of Chapter L Code of Federal Regulations, as they may be amended, are incorporated by reference as the regulations of the Registry of Motor Vehicles governing motor carrier safety and the transportation of hazardous materials upon the ways of the Commonwealth of Massachusetts in both intrast ate and interstate commerce.
As we indicated in last month’s Registry News:
Guidance:
The regulation goes on to explain MA DOT’s adoption of federal regulations as state regulations:
14.03: Adoption and Incorporation of Federal Regulations as State Regulations Subject only to the specific exceptions and limitations expressly stated in 540 commercial motor vehicle 14.00, the Federal Motor Carrier Safety Regulations, Parts 382, 390 through 397 of Title 49, Sub-chapter B of Chapter III, Code of Federal Regulations, and the highway related portions of the Federal Hazardous Materials Regulations, Parts 171 through 179 of Title 49, Sub-chapter C of Chapter L Code of Federal Regulations, as they may be amended, are incorporated by reference as the regulations of the Registry of Motor Vehicles governing motor carrier safety and the transportation of hazardous materials upon the ways of the Commonwealth of Massachusetts in both intrast ate and interstate commerce. As we indicated in last month’s Registry News:
This rule does not prohibit a driver from using a mounted mobile phone which can be easily accessed from the driver’s seat and activated with a single button.
Driving means operating a commercial vehicle while on a public road, and when stopped in traffic on such a road. Driving does not include instances when the driver is safely parked. Emergency use is permitted.
The term mobile telephone does not include two way or Citizens Band Radio services, however the term mobile telephone does include mobile services which are provided for profit, have inter-connected service and is available to a substantial portion of the public.
Penalty: Driver is disqualified from operating a commercial motor vehicle (CMV) for 60 days with the second offense in 3 years. (120 days for each subsequent offense within 3 years) Only applies if violation occurred while driving a commercial motor vehicle.

Mass. Division Fines Progressive for Confusing Drivers on Credit

Posted on December 19, 2011

The Massachusetts Division of Insurance this week announced it fined Progressive Direct Insurance Company $125,ooo for leading Massachusetts consumers to believe that credit information had been used to set their private passenger automobile insurance premiums.

Liberty Mutual Reports Third Quarter Loss of $111M

Posted on November 8, 2011

Liberty Mutual Group reported a third-quarter loss of more than $100 million on the combination of catastrophe losses and reserve increases related to asbestos liabilities.

The Boston-based company’s third-quarter net loss of $111 million compares to net income of $567 million for the same period last year. Revenues rose 5 percent, or $380 million, to $8.8 billion.

Third-quarter catastrophes amount to $596 million, increasing the combined ratio 11.4 points to 110.5.

For the first nine months of this year, net income dropped 93 percent, or $1.02 billion, to $81 million. Revenues increased slightly more than 4 percent, or $1.07 billion, to $26 billion.

Catastrophes for the nine months stood in excess of $2.44 billion, raising the combined ratio 6.6 points to 108.6.

“Severe weather and an increase in our asbestos-related reserves overshadowed strong and improving core performance and resulted in a loss for the quarter,” says David H. Long, president and chief executive officer of Liberty Mutual in a statement on Friday. “Our domestic personal-lines operations grew at a faster rate than the industry with solid core profitability; our international companies grew at a double digit rate with improved profitability, and our domestic commercial lines businesses achieve price increases higher than the prior quarter. We remain committed to disciplined underwriting and will shed business where we cannot writer a risk at an adequate return.”

During a conference call with financial analysts, Long says the increase in asbestos reserves of $295 million was due primarily to increased legal-cost analysis. Hurricane Irene was responsible for $325 million of the catastrophe losses.

He says the company is seeing premium growth across the board and is getting rate increases for both personal and commercial lines. The exception is workers’ compensation where the company has seen reduction it business because it is willing to walk away from accounts where it is not getting rate.

Long notes that despite the rate increases, competition remains intense as the premium size of the account increases.

7-Day Registration Transfer Law

Posted on June 8, 2011

The purpose of the law, Massachusetts General Law Chapter 90, Section 2, (MGL c90,Sec2), is to allow a motor vehicle or trailer purchaser sufficient time to process the transfer of his/her current registration to a newly acquired vehicle.

Conditions and Assumptions:
The 7 day registration transfer law operates under the following conditions and assumptions.

The Seller has Properly assigned the certificate of origin or title And delivered the document to the purchaser at the time of delivery of the newly acquired vehicle, as required by M.G.L. 90D, 15.

Vehicle, in this context, means a motor vehicle or trailer.

Owner, in this context, means a person, corporation, or other entity legally qualified to hold title of property.

The owner, if a person, must be at least 18 years of age.

The previously owned vehicle and the newly acquired vehicle must be of the same type and have the same number of wheels.

When operating the newly acquired vehicle, an owner must carry either an original copy of the bill of sale that indicates the registration number to be transferred or, a Certificate of  Transfer issued by the dealer.

The license plates must be attached to the newly acquired vehicle.

the newly acquired vehicle may be a new or a used motor vehicle or trailer.

The law allows a vehicle owner a period of 7 calendar days from the loss of possession of the previously registered vehicle or trailer. The registration transfer must be completed by 5:00 PM of the 7th calendar day following the date of the transfer of the previously registered vehicle.

AG Blasts Progressive 23.5% Rate Hike

Posted on February 17, 2011

In a letter to the Division of Insurance, Attorney General Martha Coakley’s Office asked the state agency to reject Progressive Insurance’s planned 23.5% rate increase for commercial auto insurance.

In the letter, the Attorney General’s Office stressed that Progressive’s proposed rates were excessive and unfair to Massachusetts businesses and that the information Progressive used to support its rate hike was inconsistent with its proposal. The letter notes that the company’s request contradicted its actual claims history, as well as Massachusetts’ overall claims history. The projections are unsupported, and Progressive has refused to provide the Attorney General’s Office key data or answer questions about its calculations.

Progressive had initially filed seeking an even higher rate hike, a 26.6% increase. The company reduced this to 23.5% after the Attorney General raised concerns and asked to see the supporting data.

But, the rate increase had already been approved by the Division of Insurance on January 31st. Progressive’s new rates — Progressive’s fifth commercial rate increase in three and a half years — will become effective on March 24th.

This is not the first time Progressive and the AG’s office have been at odds. The last time the AG took Progressive to task was regarding the company’s personal auto insurance rates under managed competition. An article in the Friday, February 11th edition of The Boston Globe reported: “In 2009, the auto insurance giant agreed to pay $120,000 in penalties and reimburse some policyholders after the attorney general’s office found that its website provided misleading price comparisons. Last month, Progressive acknowledges that it failed to issue all the refunds it promised as part of the settlement, prompting another $30,000 penalty.”

MAIA Files Bill Protecting Consumers Against

Posted on January 18, 2011

Credit scores, education, and occupation have no place in determining a driver’s auto insurance premium. Managed competition has brought new players to the Massachusetts auto insurance marketplace that are notorious for relying on socio-economic factors such as these to make underwriting and rate-setting decisions. This practice is unfair, discriminatory, and unreliable
There is simply no link between credit scores, education and occupation and the behaviors that cause auto insurance losses. Aside from the managed competition regulation, currently in place, there is no law on the books in Massachusetts to stop insurance companies from doing so.

Auto insurance premiums should be based, as much as possible, on an individual’s driving record and years of driving experience. MAIA has asked the Legislature to make sure this remains so in Massachusetts. Senator Michael Rodrigues (D-Westport) has filed MAIA’s bill, AN ACT BANNING THE USE OF CERTAIN SOCIO-ECONOMIC FACTORS FOR INSURANCE UNDERWRITING AND RATING OF MOTOR VEHICLE LIABILITY INSURANCE, that will protect hundreds of thousands of Massachusetts consumers against unfair and discriminatory practices. Many Senators and Representatives have already signed on to this bill as co-sponsors.

Please email your State Senator and Representative today and ask them to sign on to MAIA’s bill by contacting the lead sponsor, Senator Michael Rodrigues at 617-722-1114 before February 4th

Taking a required minimum distribution (RMD) for 2010

Posted on December 13, 2010

If you are subject to a required minimum distribution for 2010, it is imperative you take it before the end of the year – and that you take the right amount – or risk a 50% penalty. Remember, RMDs begin April 1 the year after an IRA account owner turns 70 ½. 

Additionally, RMDs extend to the beneficiaries of those who have died in 2010 without taking their required distributions.

Candles may be beautiful to look at, but require proper care and safety procedures!

Posted on December 1, 2010

Decorative and fragranced candles may be an attractive addition to your home décor, but if used improperly, they can be a serious fire hazard.
Over 15,000 candle fires are reported annually. According to fire experts, the bulk of these incidents are due to consumer inattention to basic fire safety procedures or to the misuse of candles.
According to the National Fire Protection Association Journal article, “Candle Fires on the Rise”, residential fires caused by candles have more than doubled over the
clippings.
• Keep wick trimmed to ¼ inch from the top of the candle to avoid excessive smoke.
• Keep candles out of the reach of children and pets.
• Extinguish a candle if it smokes, flickers repeatedly, or the flame becomes too high.
• Do not burn if container is cracked.
• Discontinue burning when less than 1/2 inch of wax remains.
past decade.
Marc Alkes Insurance is proud to deliver the peace-of-mind that comes with a comprehensive Homeowners Insurance policy, but there is no substitute for good judgement.

Important Safety Tips

• Never leave a burning candle unattended.
• Keep candles at least 12 inches away from any flammable objects such as lampshades, curtains, or bedding.
• Only burn candles in a well-ventilated room.
• Always use a candle holder specifically designed for candle use.
• Put candle holders on a sturdy, uncluttered, heat-resistant surface.
• Do not move a burning candle, or place in a draft.
• Keep wick trimmed to ¼ inch from the top of the candle to avoid excessive smoke.
• Keep candles out of the reach of children and pets.
• Extinguish a candle if it smokes, flickers repeatedly, or the flame becomes too high.
• Do not burn if container is cracked.
• Discontinue burning when less than 1/2 inch of wax remains.

Little Words Mean a Lot!!

Posted on October 27, 2010

Fabiloa caused an accident where she, her grandmother, and both of her parents were injured. If either Fabiloa or her parents owned the car, coverage would be clear. However, Fabiloa was driving her grandmother’s car and grandmother did not live with Fabiloa’s family.

The parents sued Fabiloa’s grandmother for the injuries they sustained. State Farm denied coverage for their injuries because of the household exclusion.

The parents argued that, because the exclusion used the term “the” insured instead of the term “any” insured, only members of Fabiloa’s grandmother’s household were excluded from coverage.

The court agreed with the parents.

It’s Complicated

Insurance policies are contracts. Today’s easy-to-read policies may mask that fact and cause us to be less exact in our explanations. One example of imprecise non-policy language was the previous edition of the ACORD 25 Certificate of Insurance. It was recently updated to clearly state that it confers no privileges to the certificate holders that are not on the policy. Some agents and contractors still use the previous edition with the now out-dated language and ACORD has notified everyone that they must cease and desist and use only the most current edition

Mobile Phone Texting Law effective September 30 2010

Posted on September 29, 2010

Sending or Reading Electronic Messages
Operators cannot use any mobile electronic device (see Chapter 155 of the Acts of 2010 for the definition of mobile electronic device) to write, send, or read an electronic message (including text messages, emails, instant messages, or accessing the Internet) while operating a vehicle. This law applies to drivers of all ages.

*Violation Penalties (for all ages):

• 1st offense – $100 fine
• 2nd offense – $250 fine
• 3rd or subsequent offense – $500 fine

Mobile Phone Usage by Operators Under 18
Operators under the age of 18 cannot use any mobile electronic device for any reason while operating a motor vehicle. The only exception is for reporting an emergency.

*Violation Penalties:

• 1st offense – $100 fine, 60-day license suspension, and a required attitudinal retraining course
• 2nd offense – $250 fine, 180-day license suspension
• 3rd or subsequent offense – $500 fine, one-year suspension

Unsafe or Impeded Operation Due to the Use of a Mobile Phone
Operators over the age of 18 can use mobile telephones for calls as long as one hand remains on the steering wheel at all times. However, the use of a mobile telephone must not interfere with driving and can’t be used for texting.

*Violation Penalties (for all ages):

• 1st offense – $35 fine
• 2nd offense (within 12 months) – $75 fine
• 3rd offense (within 12 months) – $150 fine

Negligent Operation and Injury from Mobile Phone Use

Personal injury or property damage caused by negligent operation of a motor vehicle is a criminal offense. If you crashed because you were using a mobile electronic device, you will face criminal charges. In addition to the criminal charges, you will face loss of license as described below.

Violation Penalties:
Junior Operators (under 18 years of age)

• 1st offense – 180-day suspension
• 2nd or subsequent offense (within three years) – One-year suspension

18 Years or Older

• 1st offense – 60-day suspension
• 2nd or subsequent offense (within three years) – One-year suspension

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