Transcript SafeStat-cvsa - transportation law

FMCSA SAFETY REGULATIONS:
SafeStat – CSA 2010
FMCSA Rulemaking updates
Delta Nu Alpha – July 25, 2008
Henry E. Seaton, Esq.,
www.transportationlaw.net
-andRichard “Rick” Gobbell
www.transafety.net
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CORPORATE SPONSORS
Air & Expedited Motor Carrier Association
Apex Capital LP
Champagne Logistics
Greatwide Truckload Management
Kings Express
Landstar RMCS
USA Transportation Services, International
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About DNA
• Fraternity of transportation professionals
• Open to all with interest in education
• Interdisciplinary – shippers, carriers, third party
logisticians and students
• Traditional chapter format – Milwaukee, Chicago,
Rockford, Nashville, Bowling Green, Grand Rapids,
Louisville, Le High Valley
• Student chapters at Western IL University
• Scholarship program
www.deltanualpha.org
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Syllabus of Future Webinars Contains Chronic
and Acute Industry Problems
• Format is issue presentation followed by open question and
answer.
• Diverse opinions are encouraged.
• Goal is to assess issues, impart information and better
prepare listeners as knowledgeable professionals in any
industry which too frequently ignores day-to-day problems
of contracts, claims and operations in favor of “supply chain
management.”
• CCPAC accreditation of 3 courses for cargo claims
specialists.
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Upcoming Webinar Topics
08/19/08
09/16/08
10/21/08
11/18/08
The Scourge of Double Brokering
Cargo Claim Mitigation, Adjustment and Salvage Issues
INCOTERMS – The Language of the Global Economy
Supply Chain Security Issues – Alphabet Soup and
New Regulations
All of the Webinars have been
approved for Certified Claims Professional
Accreditation Council (CCPAC) Credit (1.5 CEUs)
For more information and to register, go to www.deltanualpha.org
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DOT or FMCSA?
Who is subject to the Federal Motor
Carrier Safety Regulations?
Any motor carrier that operates:
1. Any vehicle or combination of vehicles greater than 10,000 lbs
Gross Vehicle Weight Rating (Driver Qualification, Medicals, Logs etc)
2. Any vehicle or combination vehicles with a gross vehicle weight
rating greater than 26,000 lbs is also subject to Drug & Alcohol
Testing & Commercial Driver’s License regulations, in addition
to Driver Qualification, Medicals, Logs etc.
3. Any vehicle transporting a hazardous materials requiring
the vehicle to be placarded (DQ, Medicals, Logs, CDL, D & A)
4. FMCSA Registration, evidence of insurance and agents for process
is required for any for-hire motor vehicle conducting interstate
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commerce regardless of size (SafetyLu Correction Act 2008).
DOT-FMCSA
Compliance
Review-Audits
A compliance review is currently FMCSA only tool
to assess a motor carrier’s compliance with the
Federal Motor Carrier Safety Regulations
1. There are currently more than 600,000 motor carriers in the US
2. There 40,000 to 50,000 new carriers that startup a trucking business
every year
3. FMCSA & State Agencies conduct about 14,000 CR every year
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DOT Compliance
Review-Audits
So the chances of a motor carrier ever being audited
by DOT is very slim.
It would take DOT about 27 years to audit all the motor
carriers in its system with its current staff if no new
carriers begin operations
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DOT Compliance
Review
FMCSA currently prioritize motor carriers for
compliance reviews for the following reasons.
1. A driver files a complaint
2. The carrier is involved in a major crash
3. Or a carrier’s SafeStat Scores
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SAFESTAT
is DOT’s current data collection
analysis system used to prioritize
what is referred to as “Possible At
Risk Motor Carriers”
DOT Collects this Data from:
State Agencies
Local Agencies
Its own Federal Staff
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FMCSA Collects Data From:
Motor Carriers
MCS-150s
Roadside Driver/Vehicle Inspections
Federal, State and Local
Crash Reports
State and Local
Moving Violations
Traffic stops
State and Local
FMCSA Staff
New Entrant Audits,Compliance
Reviews & Enforcement Actions
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FMCSA’s
SafeStat
• Involves analytically assessing a motor carrier
in four Safety Evaluation Areas (SEAs):
– Accident SEA
– Driver SEA
– Vehicle SEA
– Safety Management SEA
• Each SEA is based on two or more indicators
supported by different data sources
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The SafeStat Score
• The SafeStat score only applies to carriers with safety
deficiencies.
• Only carriers that have deficient SEA values of 75 and
higher (the worst 25th percentile) in two or more of the
four SEAs receive a SafeStat Score.
• For calculations and website details, see Appendix A.
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Single-SEA
SafeStat Categories
Categories of carriers deficient in one SEA (SEA Value of 75
or higher)
SafeStat Categories for Carriers with One SEA Value
Single SEA
Categories
D
E
F
G
Specific SEA
Accident
Driver
Vehicle
Safety Management
SEA Value
75-100
75-100
75-100
75-100
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Example of SafeStat Results
Name: Rollemover Express
DOT # 12345
Physical Address
Launch Pad Road
Yourtown, Ourstate 12345
100
99.23
Mailing Address
P.O... BOX 1234
Yourtown, Ourstate 12345
97.2
87.36
S
e
a
V
a
l
u
e
s
75
65.75
50
25
0
ACSEA DRSEA VHSEA SMSEA
Power units:
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Hazmat Carrier: yes
Passenger Carrier: No
SafeStat Score:
Overall Rank:
State Rank:
Previous Status:
383.02
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3
Warning
letter
Current Status:
Category A ( At Risk)
CR Recommended 15
DOT Compliance
Review
DOT Policy
Category A & B SafeStat Carriers are priority motor
carriers that will be selected for an on site
Compliance Review - Audit
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DOT Compliance
Review - Audit
Is where DOT determines:
1. What a motor carrier’s Safety Rating will be:
- Satisfactory
- Conditional
- Un-Satisfactory
2. If a carrier will have to pay a fine as a result of the
violations discovered.
3. If a carrier will be able to continue to do business
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Comprehensive Safety Analysis
CSA 2010
FMCSA’s development and deployment of a
new operational model to use FMCSA
resources to identify drivers and motor
carriers that pose safety problems and to
intervene to address those problems as soon
as they become apparent to the Agency.
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CSA 2010
• It is a current FMCSA high priority
safety initiative –
• It is much a much more in-depth
analysis of the data currently captured
by DOT on motor carrier
performance
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CSA 2010 vs. Safestat
• SafeStat’s only intervention is based on:
– Safety fitness determination tied to
compliance review.
– It is very labor intensive.
– Result: It only assess a small fraction
of industry.
– Focus is on carriers.
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CSA 2010 vs. Safestat
• CSA 2010 Operational Model --– Target unsafe behavior.
– Safety fitness tied to data; not CR or acute/critical
violations.
– Broad array of progressive interventions.
– Focus is on carriers and drivers.
– Leverage new technology, training, and
information.
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CSA 2010 Description
• Four major elements --– Measurement
– Interventions
– Safety Fitness Determination
– COMPASS
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CSA 2010 Measurement
Today’s Model - SafeStat
• Four Safety Evaluation
Areas (SEAs)
• Only roadside out-ofservice & moving
violations
• SafeStat – results support
prioritization of
compliance reviews
• No risk-based violation
weightings
• Carriers
CSA 2010
• Seven Safety Behavioral
Areas (BASICs)
• All roadside safety
violations
• Results determine --– When to intervene
– When proposed notice of
Unfit
• Risk-based violation
weightings
• Carriers and Drivers
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Behavioral Analysis &
Safety Improvement Categories
BASICs for Carriers and Drivers
Behaviors That Lead To Crashes
1.
2.
3.
4.
5.
6.
7.
Unsafe Driving
Fatigued Driving
Driver Fitness
Drugs and Alcohol
Vehicle Maintenance
Cargo Securement
Crash Experience
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CSA 2010 Interventions
Today’s Model
• Limited to compliance review
(CR); one size fits all
• CR is resource intense
• CR assesses compliance
through rigid set of
acute/critical regulations
• Generally, audit approach
• CR used to determine whether
enforcement is needed
CSA 2010
• Broad array of progressive
interventions
• More interventions; many less
resource intense
• Interventions target unsafe
behavior through weighted
BASICs
• Investigative approach; root
cause and educational element
• Goal: Change unsafe behavior
early, and initiate earlier
enforcement
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CSA 2010 Interventions - Carrier
Increasing Severity
Tier 1 – Informative
– Warning Letter
– Focused Roadside Inspection
Tier 2 – Interactive
–
–
–
–
–
Off-Site Investigation
Cooperative Safety Plan
Notice of Violation
Focused On-Site Investigation
Comprehensive On-Site Investigation
Tier 3 – Prescriptive
– Notice of Claim
– Consent Agreement
– Unfit Suspension
(Safety Fitness Determination)
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CSA 2010 Interventions - Carrier
• Intervention process triggered by:
– One or more deficient BASICs,
– High crash indicator, or
– Complaints or fatal crash.
• Intervention selection influenced by:
– Safety performance,
– HM or passenger carrier, and
– Intervention history.
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CSA 2010 Safety Fitness
Determination (SFD)
Today’s Model
CSA 2010
• SFD tied to compliance
review
• Satisfactory, Conditional,
or Unsatisfactory
• SFD effective until next
CR
• SFD based on
acute/critical violations
• SFD tied to performance
data; not necessarily CR
• Continue Operation,
Marginal, or Unfit
• SFD assigned to all
carriers with sufficient
data; updated regularly
• SFD based on performance
data
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CSA 2010 Safety Fitness
Determination - Carrier
• Status --- CSA 2010 will require:
– A major rulemaking
– Revise Part 385, Safety Fitness Procedures
– NPRM publication - Targeting spring/summer 2008
Look for rulemaking later this
fall
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CSA 2010 Proposed Operational Model
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CSA 2010 Operational Model Test
• Where --– Approximately 40 investigators state and
federal
– Four states – one in each FMCSA Service
Center
•
•
•
•
Colorado
Georgia
Missouri
New Jersey
– Outreach --- September/October
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CSA 2010
Outreach to Partners and Stakeholders
• Six Listening Sessions --- Sept/Oct-04
• Listening Session – Nov-06
– Washington, DC
– Ninety-two persons
• Next Listening Session Targeting --–
–
–
–
–
Four breakout sessions – 611 responses
Early Nov-07
St. Louis, MO
Federal Register notice
Three topics
• Demonstrate Measurement Systems
• Further describe Operational Model Test
• Safety Fitness Determination Methodology
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Industry Concerns with CSA 2010
Small carrier can become “marginal” based on limited and
inaccurate data reported by states.
All drivers will be tagged for every citation and their driving
histories will effect carrier rating.
Vicarious liability concerns plus publication of new system will
throw carriers, shippers and brokers into purgatory.
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New Entrant Rulemaking
Docket No. FMCSA-2001-11061
December 21, 2006
Will be much more in-depth than current procedures
Will have 11 violations that will automatically
result in a failing grade
Based on current analysis up to 40% of new entrants
will fail the audit
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Minimum Training Requirements for Entry
Level Commercial Motor Vehicle Drivers
Docket No. FMCSA-2007-27748 - December 17, 2007
Requirements
•Accreditation Requirements for Entry-Level Trainees –
Institutional and motor carrier training programs must be accredited
•Hours-Based Training Requirements –
120 hours of training (at least 76 classroom and 44 BTW)
Driver Skill Instructors Must have at Least Two Years of CMV Driving Experience
New-Entrant CDL Licensing Process
driver training certificates must be provided to the State Licensing
Agency before a CDL License will be issued.
3 year implementation period from date of final rule
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Hours of Service Rule
July 24, 2007 Court Ruling
FMCSA Published an Interim Final Rule
Expect the final rule before the end of the year.
11 hour rule
34 hour reset
Split Sleeper Berth
U. S.Department of Energy
Agricultural Organizations
and other have requested exemptions
to existing rules
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On-Board Hours of Service
Recording Devices
FMCSA-2004-18940
Revised January 7, 2007
Requiring CMV to have install tamper proof electronic on
Board Hours Of Service recording devices
Two year effective date from date of final rule
Expect rule by the end of the year, possibly
corresponding to the Hours of Service Rule
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Hazardous Materials Awareness, Familiarization,
Function Specific, Security and In-Depth
Security Training
49 CFR 174.704(a)(1-5)
Applies to Brokers, Forwarding Agents, Freight Forwarders
and Warehouses
PHSMA Guide November 2005
Applies to Motor Carriers drivers that only transport
Consumer Commodity - ORM-D
(hair spray, small cans of spray paint, cigarette lighters and
Baskin Robins whip cream)
Verbal Interpretation April 2008
Waiting for written confirmation
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Questions
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