FMCSA Recommends Revisions to Carrier Fitness Evaluation

The FMCSA has initiated a call for public input on a proposed overhaul of the existing safety motor carrier fitness rating system.

This initiative includes a thorough examination of data and resources aimed at improving the evaluation of a carrier’s fitness to operate.

The FMCSA recently shared a plan in the Feder Register on August 29. This plan could lead to changing the way they decide if trucking companies are safe. They could potentially change the process and use a new system that includes the Compliance, Safety, Accountability Safety Measurement System (CSA SMS).

How Does the FMCSA Determine Safety?

Determinations of safety fitness are established based on a study of motor carrier data, information gathered during investigations, and the outcomes of compliance reviews. These reviews can take place either at the carrier’s premises or remotely, utilizing a secure portal to inspect records.

The existing determination process involves the calculation of a carrier’s vehicle out-of-service rate, an assessment of crash involvement, and an examination of the carrier’s adherence to “acute” and “critical” regulations.

“Acute” regulations involve cases where noncompliance is so severe that immediate corrective action is necessary, regardless of the overall safety management controls in place within the carrier’s operations. “Critical” regulations pertain to management or operational systems controls.

Comments on this advance notice of proposed rulemaking (ANPRM) must be submitted by October 30, according to FMCSA.

What do Some Industry Experts Think About These Possible Changes?

Dan Horvath, Vice President of Safety Policy for the American Trucking Associations, acknowledged, “This marks the initial phase in addressing a range of inquiries, including the necessity for an entirely new safety determination rulemaking. Overall, I would characterize this as a comprehensive step that solicits input from carriers, seeking their perspectives. It certainly warrants further discussion. However, if CSA is considered, it’s likely that many stakeholders will express reservations due to perceived flaws in the data.”

Transportation attorney Brandon Wiseman, who owns Trucksafe Consulting, a company specializing in regulatory compliance consulting and training, believes that FMCSA’s contemplation of changes to the fitness rating system stems from resource limitations. FMCSA has faced challenges in conducting audits on a large scale, particularly since the COVID-19 pandemic. In response, they have utilized technology to conduct some audits remotely, bypassing the need for on-site visits.

The FMCSA’s Current System is Flawed

In 2016, the FMCSA introduced a comparable fitness determination method that was quickly withdrawn due to widespread opposition. The resistance was largely due to skepticism concerning the CSA rating system.

The FMCSA notes that one of the current system’s limitations is the small number of carriers that it makes annual determinations on. In the fiscal year 2019, only around 2% of approximately 567,000 carriers received safety determinations.

The agency’s call for comments on the new ANPRM is primarily focused on several questions, including:

Should FMCSA uphold the existing three-tier rating system of Satisfactory, Unsatisfactory, and Conditional?
What will be the impact on states if the agency alters the safety fitness determination approach?
The current determination process does not fully utilize all available safety data, including inspection-based data. Should the SMS methodology be employed for determinations, akin to the proposition in the 2016 NPRM?
In light of the significance of driver behavior in preventing accidents, how should the agency incorporate driver behavior data into the safety fitness determination?
Given the correlation between unsafe driving behaviors (e.g., speeding and texting) and crash risk, should the safety fitness rating methodology assign greater weight to unsafe driving violations?