Transcript Style five: Title

October 2012
Agenda
CSA Overview
Commercial Enforcement Program
Upcoming HOS Changes
MAP-21
Federal Motor Carrier Safety Administration
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CSA Overview
THE PROCESS: Broader array of interventions
 Includes warning letters and focused on and off-site investigations to
augment the full investigations
THE SYSTEM: New Safety Measurement System (SMS)
 Better identifies carriers for Agency interventions
THE RULE: Revisions to Safety Fitness Determination (SFD)
Regulations
 To incorporate on-road performance into SFD methodology and eliminate
the need for a full compliance review
Federal Motor Carrier Safety Administration
CSA Interventions
More ways to get carriers to focus on safety:
Warning Letters
Offsite Investigations
Targeted Investigations
Cooperative Safety Plans
Notices of Violation
Notices of Claim
Federal Motor Carrier Safety Administration
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CSA Intervention Tools
The Safety Interventions process addresses the:
 WHAT ?
Discovering violations and
defining the problem
 WHY?
Identifying the cause or
where the processes broke down
 HOW?
Determining how to fix it/prevent it by using the Safety
Management Cycle (SMC) and Safety Improvement Resources
Federal Motor Carrier Safety Administration
New Safety Measurement System
 Replaced the SafeStat system as the FMCSA tool to identify
carriers for intervention
 Reviews regulatory compliance and identifies unsafe carrier
and driver behaviors that lead to crashes
 All safety-based roadside violations
 ~3.5 million inspections per year
Unsafe Fatigued
Driving Driving
(HOS)
Crash
Driver
Indicator
Fitness
SMS
Controlled
Substances/
Vehicle Alcohol
Maintenance
CargoRelated
Federal Motor Carrier Safety Administration
What does SMS provide?
 Carrier census information
 Analysis of carrier on-road performance and investigation results





based on the most recent 24 months in BASICs
Overall BASIC status (status above threshold may prioritize the
carrier for intervention)
Flag if carrier is under an FMCSA order prohibiting operations
Driver and Vehicle Inspection OOS rates
Links to detailed individual inspection results and trend data
Links to SAFER and L&I for current safety rating and
authority/insurance status
SMS can be found at: http://ai.fmcsa.dot.gov/SMS
Federal Motor Carrier Safety Administration
SMS Data
Category
Approximate
Number
Percentage of
Uploaded Crashes
Carriers listed as active
750K
100%
Carriers with recent activity
“pulse” in last three years
525K
100%
Carriers with insufficient data
325K
8%
Carriers with sufficient data to be assessed
in at least one BASIC
200K
92%
Carriers with sufficient negative information 92K
to have a percentile assigned
83%
Carriers with at least one BASIC above
FMCSA intervention threshold
45%
50K
Federal Motor Carrier Safety Administration
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SMS Changes Previewed
 Strengthening the Vehicle Maintenance BASIC by incorporating
cargo/load securement violations
 Changing the Cargo-Related BASIC to HM BASIC
 Better aligning the SMS with Intermodal Equipment Provider
(IEP)regulations
 Aligning violations included in SMS with CVSA inspection levels
 More accurately identifying carriers that transport significant
quantities of HM and passengers.
Federal Motor Carrier Safety Administration
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SMS Changes Announced
 Modify SMS Web site display to:
 Change current terminology of “Insufficient Data’’ and
‘‘Inconclusive’’ to fact-based definitions
 Distinguish between crashes with injuries and crashes with
fatalities.
Federal Motor Carrier Safety Administration
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Additional Changes Effective in December
Removal of 1 to 5 MPH Speeding Violations
Lowered Severity Weight for Speeding
Violations That Do Not Designate MPH Range
Alignment of Paper and Electronic Logbook
Violations
Name Change of the Fatigued Driving HOS
BASIC to the HOS Compliance BASIC
Federal Motor Carrier Safety Administration
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Suspended License Violations
Driver Fitness BASIC – Suspended License violations
 Inspectors now collecting more detailed information roadside
 Separating Safety-based suspensions from non-safety based
suspension
 Allows SMS to weigh safety-based suspensions heavier
Federal Motor Carrier Safety Administration
December 2012 SMS Improvements
 Strengthen the Vehicle Maintenance BASIC by incorporating
cargo/load securement violations from the Cargo-Related BASIC.
 New HM BASIC
 More accurately ID carriers that transport significant quantities of
HM
 Better align SMS with Intermodal Equipment Provider (IEP)
regulations.
 Align violations included in SMS with CVSA inspection levels
 More accurately ID carriers that should be subject to lower
passenger carrier intervention thresholds
 Modify SMS public display
Federal Motor Carrier Safety Administration
Safety Measurement System
CURRENT
NEW
Behavior Analysis and Safety
Improvement Categories (BASICs)
BASICs as of December 2012
Unsafe Fatigued
Driving Driving
(HOS)
Crash
Indicator
CargoRelated
Unsafe
Driving
Driver
Fitness
SMS
Controlled
Substances/
Alcohol
Crash
Indicator
Federal Motor Carrier Safety Administration
Driver
Fitness
SMS
HM
Compliance
Vehicle
Maintenance
HOS
Compliance
Controlled
Substances/
Alcohol
Vehicle
Maintenance
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SMS changes under consideration
 Comprehensive modifications to roadside violation severity
weights per MCSAC
 Recalibration of the Utilization Factor used to incorporate
VMT for the Crash and Unsafe Driving BASICs
 Adjustment to safety event groupings in all BASICs
 Other Ideas?
Federal Motor Carrier Safety Administration
Safety Fitness Determination (SFD) NPRM
Incorporate on-road safety performance
Not require a compliance review for a rating
NPRM scheduled for 2013 publication
Federal Motor Carrier Safety Administration
Overview
Program size
Complaints
Outreach
Broker Rule
Partnerships
MAP-21 Impacts
Other Issues
 Limited Service Exclusion
 Technical Amendments
Federal Motor Carrier Safety Administration
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Program Overview
4300 Active HHG Authorized Carriers
FY 2011 HHG Carrier Reviews
• 566 reviews conducted
• 82 of the top 100
FY 2011 HHG Carrier Enforcement Cases
162 cases completed
• 42 of the top 100
Suspension Authority
Federal Motor Carrier Safety Administration
National Consumer Complaint Database
Complaints
4,000
3,500
3,000
2,500
2,000
3,422 3,435
2,950
2,889
2,177
2,158
FY 06 FY 07 FY 08 FY 09
FY 10
Types of Complaints
•
•
•
•
1,500
Hostage Loads (613)
Loss and Damage
Estimates and Charges
Shipping Documents
1,000
500
FY 11
Federal Motor Carrier Safety Administration
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HHG Outreach
 Joint Press Release with AMSA and the BBB
 WWW.ProtectYourMove Web site & Public Service
Announcement (PSA)
•
•
•
•
Educate consumers before hiring a moving company
Focuses on safety precautions during HHG moves
Moving Company Checklist
Linked to various social media such as Facebook and
Twitter
Federal Motor Carrier Safety Administration
Broker Rule
Five basic elements
1.
2.
3.
4.
5.
Requirement to disclose to the individual shippers critical
information designed to educate the shipper and facilitate a
satisfactory moving experience.
Use only HHG brokers and motor carriers that are properly
licensed and insured.
Brokers must provide an estimate if within a 50 mile radius
of the customer.
Incorporates new statutory penalties
Minimum financial responsibility
Federal Motor Carrier Safety Administration
Partnerships
 State Enforcement Partner
•
•
•
Louisiana State Police (LSP)
Public Utilities Commission of Ohio (PUCO)
Texas DMV
 States with interest in partnerships
•
•
•
•
Michigan State Police
Indiana State Police
New Jersey Division of Consumer Affairs
South Carolina State Transport Police
Federal Motor Carrier Safety Administration
Partnerships
 HHG Working Group
•
Quarterly Conferences (Industry/State and Federal
Enforcement Agencies)
 Moving Fraud Working Group
•
Enforcement only
Federal Motor Carrier Safety Administration
MAP-21 Enhancements
General regulatory scheme
 Vetting
 Brokers must have separate authority effective 10/1/12
 Proficiency Exam
 Safety audit in 12 months
 Review of consumer protection standards within 18 months
 Authority to order the release of household goods held
unlawfully
Broker financial responsibility
Federal Motor Carrier Safety Administration
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Limited Service Exclusion
States that a “household goods motor carrier”
excludes carriers that transport household goods in
“containers or trailers that are entirely loaded and
unloaded by an individual (other than an employee or
agent of the motor carrier)”
Industry Practices under review
Federal Motor Carrier Safety Administration
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Rulemaking
 Technical amendments
•
•
•
HHG carrier document retention rule (DFR) - reduces record
retention period to 1 year
STB Harmonization rule remove inconsistencies resulting from
STB’s new released rates order
Rights and Responsibilities Booklet revisions
Federal Motor Carrier Safety Administration
Summary of HOS Changes
Effective 2/27/12
 On-duty time definition & rest breaks
 “Egregious” Violation Penalties
 Oilfield Exemption
Effective 7/1/13
 Limitations on the “34-hour restart”
 Mandatory Rest Break
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MAP-21 PROVISIONS
Registration of motor carriers (i.e, Unified
Registration System (URS))
New Entrant program
Electronic Logging Devices (i.e., EOBRs)
National clearinghouse for drug/alcohol test
results of CMV operators
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 CSA is a comprehensive program including
 a new set of interventions,
 the SMS to prioritize carriers

Changes being implemented in December
 and a new Safety Determination to be proposed.
 The HHG program uses a three pronged approach
 Outreach
 Partnerships
 Compliance and Enforcement
 MAP-21 will result in program changes
Federal Motor Carrier Safety Administration
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