New bill limits truck driver liability for stolen freight

“To combat the rise in porch piracy and deter theft, this bipartisan legislation will put in place the same federal penalties for package theft, whether a package was delivered by a private carrier or by the U.S. Postal Service. I’m urging Congress to take up and pass this common-sense legislation now.”

Under current laws, once a driver leaves a package on a doorstep, any subsequent theft can trigger a cycle of insurance disputes, employer investigations, and claims of driver negligence. By reclassifying “porch piracy” as a federal cargo crime, the bill can provide a legal shield for drivers as it clarifies that post-delivery theft is a matter for the FBI and DOJ rather than a mark against a driver’s professional record.

Also, by treating a stolen package with the same severity as a hijacked trailer, the effect of the legislation could extend directly to a carrier’s bottom line by potentially improving motor carrier safety and compliance ratings.

The Federal Motor Carrier Safety Administration currently uses the Safety Measurement System to track “preventable” incidents and cargo-related violations, which directly influence a company’s Compliance, Safety, Accountability [CSA] score and its perceived risk by insurers.

Reclassifying post-delivery theft as a federal cargo crime helps to shift the reporting of “lost package” claims away from a carrier’s operational failure record and into a federal criminal investigation category. The change could prevent loss claims from inflating a carrier’s risk profile, leading to lower insurance premiums and a stronger safety standing.

In addition making stealing packages a federal crime, along with associated penalties, the legislation:

• Gives the FBI, DOJ, and federal task forces full authority to investigate any porch piracy theft of a private carrier package, “a major improvement in investigative authority,” according to the bill’s sponsors.
• Creates a uniform national baseline by clarifying that existing criminal statutes include delivered packages, and sets standard penalties without preempting individual state laws.
• Extends interstate commerce protection to the final delivery point – including to a front porch – rather than only protecting packages in transit in interstate commerce.

Related articles:

• Trucking, retail pressure lawmakers to pass anti-theft bill
• Fear of high premiums keeps cargo theft underreported
• Democrats: Trump’s immigration focus undermines war on cargo theft

Click for more FreightWaves articles by John Gallagher.