FMCSA to withdraw safety fitness rule

[kscarbel2]

Fleet Owner  /  March 22, 2017

Agency also cancels previously-announced plans to issue a supplemental notice of proposed rulemaking in support of its proposed motor carrier safety methodology, which is now scrapping.

The Federal Motor Carrier Safety Administration (FMCSA) today announced in the federal register that it is withdrawing its controversial safety fitness determination (SFD) rulemaking issued in January 2016 and will also cancel plans to issue a supplemental notice of proposed rulemaking (SNPRM) announced back in January to help support the SFD effort.

“The new methodology would have determined when a motor carrier is not fit to operate commercial motor vehicles (CMVs) in or affecting interstate commerce based on: the carrier’s on-road safety data; an investigation; or a combination of on-road safety data and investigation information,” the agency noted in its filing, which is on “public display” until being officially entered in the record tomorrow.

Yet FMCSA said “after reviewing the record in this matter” it decided to withdraw both the NPRM and SNPRM regarding the SFD rule, adding that “additional analysis” will need to be completed before determining whether further rulemaking efforts are necessary to revise the SFD process in the future.

Back in February, over 30 national transportation groups and 30-plus state and regional associations sent a joint letter to Transportation Secretary Elaine Chao calling for the FMCSA’s SFD rulemaking to be dumped as it was based on what they characterized as “flawed” data taken from the agency’s Compliance Safety and Accountability (CSA) program and Safety Measurement System (SMS).

“We do not believe it makes sense to build a new safety fitness determination system upon a flawed system [that] is currently undergoing congressionally-mandated review and reform and is likely to change,” the groups said in their letter.

“While we support the goal of an easily understandable [and] rational safety fitness determination system, this proposal is built on a flawed foundation,” they stated.

The American Trucking Associations (ATA) found the use of a singular “unfit” rating within the proposed revamp of SFD methodology particularly troubling.

“This flaw in the system is troubling. The term ‘unfit’ is applied to fleets that, comparatively speaking, are considered the least safe in the industry,” ATA wrote. “Yet FMCSA lacks sufficient data on 4/5ths of the industry to make such a determination.”

Similarly, the Truckload Carriers Association (TCA) emphasized the importance of safety determinations, and that “it is imperative that the judgment of rendering a carrier as ‘unfit’ be based upon the most accurate information available to the agency.”

However, “the very fact that this rule would only determine the safety fitness of approximately 75,000 carriers is incomprehensible and discriminant to say the very least,” the group said.

As a result of this shortfall, TCA noted it could not support a rule that creates an environment that is not equal to all involved and in many cases, allowing a competitive advantage of one carrier versus another.

[BillyT]

Lol! The ATA (the lobbying arm of the major truckload carriers) takes issue with any attempt to look at the often abysmal safety record of many of its members! It would seem to me that any computer literate person familiar with trucking from behind the wheel or at an administrative level (KSB?)  Could easily determine the potential "rating"  safety wise, business wise. Etc. All political b.s. aside, by looking at each carriers fatal and high dollar crashes,years ( or weeks)  of experience of their average driver, number of traffic violations number of mechanical violations found by the DOT. And a biggie TURNOVER! Perhaps the ATA is reluctant for the safety records of many of the companies they represent to become public! My financial adviser says my jbh stock is down! ...hmmm I was surprised shocked actually to see an expensive ad by TMC soliciting for drivers! Join the " black and chrome fleet"! What demographic is that pandering to?! Traditionally TMC could pick and choose from a lot of applications! I immediately thought some stroke cut from the average truckload executive cloth had bought them! Nope, still owned by the same family! So maybe the truck driver shortage is real!

 

 

[kscarbel2]

Agreed Billy. The ATA is as crooked as the day is long.