Posts Tagged ‘Air & Expedited Motor Carriers Association’

FMCSA Reaches Compromise with Carrier Groups over CSA 2010 Data

Thursday, March 10th, 2011

Last November, the National Association of Small Trucking Companies, the Expedite Alliance of North America and FMCSAthe Air & Expedited Motor Carriers Association filed a suit against the Federal Motor Carrier Safety Administration (FMCSA) in an attempt to postpone certain CSA 2010 data from going public.

According to the carrier groups, CSA 2010’s safety ratings system were inaccurate and placing the system into effect before concerns are taken care of would result in harm to carriers who are given poor scores and forever tarnish their reputations.

As CCJ Digital notes, the suit accused the FMCSA of not responding appropriately to “due process concerns,” in which once cited, the carrier will not be able to challenge the citation in an effective manner, “peer grouping,” with concerns that carriers are being unfairly compared with other carriers that do not have the same requirements, “data inequality,” and “unexplained methodology changes.”

Soon afterwards, on December 10th, the federal appeals court denied the carrier groups’ request, allowing the FMCSA to make SMS data available to the public.  The FMCSA had until yesterday (March 9th) to respond to a briefing that took place on February 7th.

As the March 9th deadline came, the FMCSA struck a compromise with the carrier groups that deemed satisfactory.  If the carrier groups agreed to drop their suit against them, the FMCSA would make the following changes:

Whereas the carrier groups feared that the word “alert” next to a carrier’s name would deem the carrier unsafe, the FMCSA has decided to “replace the orange “ALERT” symbol on its website with an exclamation mark inside a yellow triangle,” and will explain “that the symbol does not imply a specific safety rating,” todaystrucking.com notes.

In addition, the FMCSA will include a statement that says, “Readers should not draw conclusions about a carrier’s overall safety condition simply based on the data displayed in this system” (http://www.todaystrucking.com/news.cfm?intDocID=25854).

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Decision on CSA 2010 Suit Expected by End of Week

Wednesday, December 8th, 2010

A decision regarding a lawsuit filed by three motor carrier groups against the Federal Motor Carrier Safety CSA 2010Administration (FMCSA) is expected to be reached by the end of this week.

The groups (National Association of Small Trucking Companies, the Expedite Alliance of North America and the Air & Expedited Motor Carriers Association) filed a suit against the FMSCA in an attempt to hold off on the CSA 2010’s release of carrier safety scores to the public until the ratings are more accurate.

According to truckinginfo.com, the FMCSA rebutted the groups’ argument that releasing the information too soon would cause harm to carriers’ reputation, saying that the argument “has no merit” since “similar data has been publicly available for more than a decade without producing the ruinous consequences forecast by petitioners, and petitioners’ various contentions that the new data is misleading and inaccurate do not withstand scrutiny” (http://www.truckinginfo.com/news/news-detail.asp?news_id=72391).

The arguments were proposed earlier this week and now the motor carrier groups and FMCSA await a decision.  If the court sides with the carrier groups, the FMCSA will temporarily withhold the CSA 2010 data from public access until concerns are worked out.

Lawsuit Filed in Attempt to Stop CSA 2010 from Completion

Tuesday, November 30th, 2010

You may have to wait longer than the December 5th release date for access to carrier safety scores.

According to ccjdigital.com, three motor carrier groups (National Association of Small CSA 2010Trucking Companies, The Expedite Alliance of North America, and the Air & Expedited Motor Carriers Association) has filed a suit to block the CSA (Comprehensive Safety Analysis) 2010 “or at least to prohibit the public release of certain CSA data until the Federal Motor Carrier Safety Administration completes a rulemaking on the program that complies with the Administrative Procedures Act” (http://www.ccjdigital.com/groups-sue-to-block-csa-2010/).

The groups argue that even if the CSA 2010’s safety ratings system is changed in the future, putting the Act into effect before the ratings are accurate will result in harm to carriers who are given poor scores and will tarnish their reputations with no way of undoing it, the site notes.

The suit accuses the FMCSA of not responding appropriately to “due process concerns,” in which once cited, the carrier will not be able to challenge the citation in an effective manner, “peer grouping,” with concerns that carriers are being unfairly compared with other carriers that do not have the same requirements, “data inequality,” and “unexplained methodology changes,” CCJ Digital notes.

The groups ask for the FMCSA to disclose information until they can provide accurate support for the CSA 2010.