Proposed Action on Rules
EXEMPT FILING NOTIFICATION PURSUANT TO THE INSURANCE CODE CHAPTER 5, SUBCHAPTER
L, ARTICLE 5.96
Notice is given that the Commissioner of Insurance will consider a proposal
made in a staff petition which seeks amendment of the Texas Automobile Rules
and Rating Manual (the Manual), to revise Endorsement TE 23 17, "Truckers
- Intermodal Interchange Uniform Endorsement (Form UIIE-1)." Staff's petition
(Ref. No. A-0602-21-I), was filed on June 6, 2002.
Staff proposes to revise the above mentioned endorsement and to rename
it as "TE 23 17A, Truckers Uniform Intermodal Interchange Endorsement (IANA
Form UIIE-1)." Several editorial changes are proposed, but the substantive
change modifies and clarifies what the Motor Carrier's responsibilities are
in regard to third party liability. Under the current endorsement, the "User"
(Motor Carrier), "while in possession of interchange equipment, releases and
agrees to defend, indemnify and hold harmless the Owner..." from loss arising
out of the use of that equipment, "except loss or damage to such interchange
equipment, or cargo being transported therein or cargo being loaded or unloaded
or held at terminal or transit points incident to transportation."
Staff's proposed amendment removes the exception from liability set forth
in the above provision, and the Motor Carrier accessing the premises of an
intermodal facility for the purpose of picking up or dropping off intermodal
equipment would assume the liability for its own activity at the time it enters
the facility property. That liability time frame would be for "the Motor Carrier's:
Use or maintenance of the equipment during an interchange period; the performance
of this Agreement; and/or presence on the Facility Operator's premises." The
Manual's current Endorsement TE 23 17 is worded to conform to Form UIIE-1,
which was developed by the Intermodal Transportation Association, which is
now the Intermodal Association of North America (IANA). The proposed Endorsement
TE 23 17A would conform to IANA Form UIIE-1, which is designed to replace
Form UIIE-1. The letters "UIIE" refer to a Truckers Uniform Intermodal Interchange
Endorsement.
IANA administers the Uniform Intermodal Interchange and Facilities Access
Agreement (UIIA) that was revised effective September 1, 2000. According to
IANA this standard contract is applicable generally between approximately
5,100 truckers/draymen and approximately 55 ocean and rail carriers, and it
sets forth responsibilities of both the providing carrier of equipment and
the receiving carrier of that equipment. Although the Department does not
approve the agreement (UIIA), that document is referenced in proposed TE 23
17A in a similar manner to current TE 23 17's references to the predecessor
agreement, Uniform Intermodal Interchange Contract (UIIC-1).
To promote uniformity and to bring the Manual's TE 23 17 up to date, Staff
recommends adoption of proposed TE 23 17A.
A copy of the petition, including an exhibit with the full text of the
proposed amendments to the Manual is available for review in the office of
the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street,
Austin, Texas. For further information or to request copies of the petition,
please contact Sylvia Gutierrez at (512) 463-6327; refer to (Ref. No. A-0605-021-I).
Comments on the proposed changes must be submitted in writing no later
than 5:00 p.m. on July 22, 2002 to the Office of the Chief Clerk, Texas Department
of Insurance, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional
copy of comments is to be submitted to Marilyn Hamilton, Associate Commissioner,
Property & Casualty Program, Texas Department of Insurance, P. O. Box
149104, MC 104-PC, Austin, Texas 78714-9104.
A public hearing on this matter will not be held unless a separate request
for a hearing is submitted to the Office of the Chief Clerk during the comment
period defined above.
This notification is made pursuant to Insurance Code Article 5.96, which
exempts it from the requirements of the Government Code, Chapter 2001 (Administrative
Procedure Act).
TRD-200203572
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department Of Insurance
Filed: June 7, 2002