10-4 Magazine

The Insurance Report - August 2004

UPGRADE TIME
By Roland L. Enz - President, California Plus Insurance Service, Inc.

When is the State of California going to update the dismal performance of the Department of Motor Vehicles (DMV) as it relates to the regulation of the trucking industry? The DMV is light years behind in its ability to process the MCP65 filing, made by your insurance company. This is the one document that supports your Motor Carrier Authority and allows you to work.

There are many issues regarding their inability to perform their work in a timely manner. The DMV has to join the 21st century in its ability to regulate the transportation industry. California is the sixth largest economy in the world, and the trucking industry is a major player in supporting that economy. The DMV continues to handle its paperwork and processing manually. The process takes up to two weeks to post the MCP65, once it is received from the insurance company. At issue here is not only the DMV’s inability to process and post the MCP65 filing, but also the California Highway Patrol’s over zealous attitude in citing the trucking industry for the DMV’s lack of efficiency.

The DMV does not accept filings electronically, unlike the Federal Highway Administration. The MCP65 filing is made by mail, or in some instances, by only those authorized insurance companies, to do so by fax. In any case, it takes up to two weeks to get it into the system once the DMV receives it. DMV personnel are quoting 7 to 10 working days. The Federal Highway Administration posts overnight.

What does this mean? Your operating authority, whether with the California Department of Motor Vehicles or the Federal Highway Administration, is only valid when your insurance company provides evidence of insurance to them. This evidence is in the form of a Certificate, designated as a MCP65 for the State of California or BMC91 to the Federal Highway Administration. In fact, if you are operating without written authorization from the authority that regulates your business, you are in violation of either state or federal code. The California Highway Patrol will run your CA Number, through their computer, when crossing the scales or when you are stopped for what ever reason or infraction. If you are out of compliance, with no posted insurance filing in the system, you will be cited and shut down. This will undoubtedly create a major problem at the time of your insurance renewal or in the event of a company elected cancellation.

It is common practice that your insurance company will notify the DMV that your insurance is expiring. This has to be delivered to the DMV with at least 30 days notice. This applies to all operation authorities, whether state or federal. There are small numbers of companies that do not do this, which eliminates the problem. These companies are the exception and not the rule. So that you understand this more thoroughly, take time to discuss this with your insurance agent. All too often, people purchase insurance without the complete knowledge of what they have bought, and that is never good.

The attitude of both the DMV and CHP is the same. Neither will budge on the point, nor will they assist in rectifying the problem. Unfortunately, the trucker is the one that is caught in the middle. Even with proof of insurance, carried in the cab of the truck, they will still cite you. The citation is costly and if you continue to run they will threaten you with confiscation of your equipment.

The system has to be upgraded. The state can not afford to continue to operate their MCP unit in this manner. It is important that you as an industry take the time to voice your opinions through the companies that you pull for, your associations and, most importantly, to your elected officials. It takes time, like a rod going out in your engine - the noise continues until finally it pitches itself out the side of the block. It’s time to start making some noise.

If you have any comments or questions, I can be contacted through California Plus Insurance Service in Modesto, CA at 1-800-699-7101.


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