The,FMCSA,New,Trucking,Safety, law The FMCSA’s New Trucking Safety Enforcement Program

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Normal 0 false false false EN-US X-NONE X-NONE MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable{mso-style-name:"Table Normal";mso-tstyle-rowband-size:0;mso-tstyle-colband-size:0;mso-style-noshow:yes;mso-style-priority:99;mso-style-qformat:yes;mso-style-parent:"";mso-padding-alt:0in 5.4pt 0in 5.4pt;mso-para-margin:0in;mso-para-margin-bottom:.0001pt;mso-pagination:widow-orphan;font-size:10.0pt;font-family:"Calibri","sans-serif";}In an attempt to shore up its enforcement of federal trucking safetyregulations, the Federal Motor Carrier Safety Administration (FMCSA) beganrolling out a new program this year, the Comprehensive Safety Analysis, or CSA2010.The centerpiece of this program is a new electronic database that will allow FMCSA investigators to more efficiently and effectively pinpoint which commercial carriers and drivers are not complying with federal trucking safety government regulations.Called the “safety measurement system” (SMS), the database uses informationcollected from roadside inspections, state crash data and the Federal MotorCarrier census to evaluate the safety performance of trucking companies andtheir drivers. The database uses seven measurements to judge safetyperformance, referred to as “BASIC”. These measurements include:Unsafe driving: operation of a commercial vehicle in a dangerous, careless manner, which may include tickets for speeding, reckless drivingFatigued drivers: Hours of service violations, driving while tired, sick, fatiguedDriver fitness: drivers unfit to operate a commercial vehicle because of lack of training, experience, medical qualifications, failure to have a valid driver’s licenseControlled substances/alcohol: drivers who have operated a commercial vehicle while under the influence of illegal drugs, prescription medications and/or alcoholVehicle maintenance: failure to maintain trucks in proper working orderCargo-related: improperly loading a truck, failure to prevent shifting loads, overloading a truck, unsafe handling of hazardous materialsCrash indicator: past history or pattern of crashes based in part on the frequency and severity of the crashesCommercial carriers receive their scores for each BASIC category based onthe number and severity of violations they receive for each one as well as whenthe violations happened. The new system gives more weight to violations thathappened more recently.Once a measurement is determined for each of the categories, every carrieris placed into a peer group with other carriers that have had roughly the samenumber of inspections.Finally, individual carriers and drivers then are given one of threerankings for each category: continue to operate, marginal or unfit to operate.Drivers or carriers that receive a “marginal” rating will be subject to anintervention by the FMCSA. The interventions are meant to be tailoredspecifically to the deficient performance and vary in severity. For example, awarning letter is the most basic type of intervention. Other types ofinterventions include targeted roadside inspections, off-site inspections, andtargeted and comprehensive on-site investigations.In cases where the carrier or driver does not remedy the deficiency orreceives an “unfit to operate” rating, the FMCSA will suspend their operatinglicenses.Most of the data collected in the SMS system eventually will be available tothe public, possibly before the end of 2010. Drivers’ names and otheridentifying information will be removed to protect privacy.CSA 2010 to Improve Safety, Federal Oversight of Trucking IndustryThe FMCSA believes the program will allow it to catch non-compliance issuesmuch earlier on, giving it an opportunity to work with the carrier to correctthe problem before an accident occurs.Before CSA 2010, FMCSA investigators relied on physical, in-personexaminations of commercial carrier businesses, which could take up to four daysto complete. With more than 700,000 commercial carriers in the U.S., the FMCSAonly had enough manpower to conduct on-site investigations in less than 2percent of all commercial carrier operations.Moreover, the old system did not individually track the safety performanceof drivers. This oversight allowed drivers who were fired by one commercialcarrier for violating safety regulations to move to another carrier. Bytracking driver compliance, trucking companies now have a tool to use as partof the pre-employment screening process.Key Concerns about the ProgramWhile the trucking industry has gone on record in support of CSA 2010, ithas raised some important questions about the program and how it will impactcommercial carriers.During testimony before the U.S. House Transportation and InfrastructureSubcommittee on Highways and Transit, the executive vice president ofTransportation Corporation of America Keith Klein proposed three changes to CSA2010:Only include crashes that are found to be the fault of the commercial carrier and/or driver (current data includes crashes regardless of who is at fault)Use the number of vehicle miles traveled rather than the number of trucks or power units to define an individual carrier’s exposureOnly include actual citations for safety violations (current data includes warnings, which can skew the results)Klein argued that without making these changes, the data would notaccurately reflect which carriers and drivers posed an actual safety risk.Truck drivers have expressed concerns about how they will be evaluated bythe new program. Specifically, some truck drivers have said they believe it isunfair that their performance will be rated on duties the commercial carriersare supposed to perform, such as maintaining the trucks.Whether CSA 2010 will have the desired impact of improving the safety ofU.S. roadways is yet to be seen. However, with 365,000 reported accidentsinvolving semi-trucks, big rigs, and other large trucks in 2008, anyimprovements to the safety of the nation’s roadways is welcome.