March 30, 2009
Legislative Update – Last Week at the TX Capitol
Cargo Claims – Issue Work Orders –Cont.
Tuesday, the House Transportation Committee heard two bills
pertaining to the creation of a new state agency, the Department of Motor Vehicles. The new agency would include the
functions of the Vehicle Title and Registration Division, the
Motor Carrier Division and the Motor Vehicle Division. TMTA
testified on the bills. HB 782 by Chairman Pickett, relating
to registration exemption for certain foreign commercial motor
vehicles, was voted out of the House 3/26. Monday 3/30, the
Sunset bill on the Department of Public Safety will be heard in
the House Public Safety Committee. TMTA’s truck idling
legislation, HB3317, is also set to be heard 4/01. Also in the
legislature, the House Ways and Means Committee will
possibly see more than 700 bills this session. The increase in
volume will cause the tax writing committee to add extra
hearings each week and limit testimony. TMTA’s Margins Tax
bill, HB 4243, is among those 700 bills.
Other State Mover Associations, members of
NCMA, interested in obtaining this labor-only contract
should contact Pat McLaughlin at Illinois Movers,
[email protected]."
ATA FILES COMMENTS ON HOUSEHOLD
GOODS FULL REPLACEMENT VALUE
In comments filed March 25, 2009, ATA recommended fair and
equitable business terms to the Military Surface Deployment and
Distribution Command responsible for contracting for movements of
household goods (HHG) owned by members of the Armed Services.
The Command’s responsibilities include implementation of a
requirement that full replacement value (FRV) be paid if goods are
lost or damaged. Among ATA’s recommendations are to grant rights
to carriers to schedule inspections to reconcile and document the
status of container contents against the packing inventory, and a
method for assigning liability when losses or damages occur.
Pursuant to a 2003 law, carriers are required to pay FRV for any lost
or damaged HHG moved for members of the Armed Services. The
requirement covers crated HHG and unaccompanied baggage
moving as freight under the Direct Procurement Method. These
shipments are packed by HHG contractors at any global origin, may
travel via foreign and domestic carriers, and are often stored in a U.S.
HHG facility. Because of the numerous handoffs between parties, and
the newly increased liability for FRV, the rules for assigning liability
are crucial. The complete comments can be accessed by clicking on
this link. Contact Bill Wanamaker at [email protected].
CARGO CLAIMS – Issue Work Orders NOT BOL
Last week we reported that some movers are using a
moving service contract or HHG Bill of Lading as a contract
when providing a labor-only service (pack & load). Further
discussion with insurance companies indicates that movers
should not use a moving contract when no transit is involved
because the wording therein may subject them to damage
claims even though they did not perform transit.
SMA staff has obtained a work/labor contract from the Illinois
movers,(transportation attorney written), and a Texas attorney
reviewed. Attached is an order blank for the CD to print a pack
and load contract as needed. This CD will be available to
SMA members only; it is copyrighted by Illinois Movers and
SMA members should not share with others.
SMA FOUNDATION SCHOLARSHIP
APPLICATIONS
The SMA Foundation trustees would like to remind
members of SMA & their employees that the purpose
of the SMA Foundation is to award scholarship
funding to their deserving students. Deadline for
applying is June 26, 2009 and the scholarship
application may be downloaded from the SMA
website or call SMA and an application will be faxed
or mailed. Toll free: 800/759-2305 or website:
www.mytexasmover.com.
Update on Card Check Legislation
American Trucking Associations announced that Sen.
Arlen Specter (R-Pa.) will oppose the Employee Free
Choice Act (EFCA), also known as Card Check,
legislation and will also vote against the cloture
motion on the bill. Sen. Specter’s opposition would
make it nearly impossible for the Senate to pass
EFCA in its current form as 60 votes are needed to
invoke cloture and overcome a Republican filibuster. If
supporters of EFCA keep every single Democrat, they
would still fall one vote shy of invoking cloture, thus
preventing the bill from moving forward. This is a step
forward in our fight against card check. Again, SMA
urges members to contact elected officials in the U.S.
House/Senate to voice your opposition.
AMSA - 2008 Edition of Staying Legal
AMSA’s 2008 Edition of Staying Legal is designed
for movers who need to know the latest Federal
Regulations for transporting interstate household
goods – including the new regulations regarding
publishing your own tariff. It is crammed full of
explanations and examples of waivers and
documentation that you need to do your interstate
moves right. AMSA members may order a copy for
$25; non-members may order for $50. If you are
moving interstate, it is highly recommended that you
obtain a copy of this is a valuable publication. AMSA
phone: 703/683-7410 or www.promover.org.
Mark Your Calendars - 2009
April 2 – City of Austin – Getting Connected Fair
April 15 – GHMA Golf Tournament – See attachment
June 2-4 – NCMA meeting – St. Louis, MO
July 12-14 – SMA Board meeting – San Marcos, TX
September 23-25 – Annual Conference– Kerrville, TX