Posts Tagged ‘Comprehensive Safety Analysis’

SMS Preview Comment Period Extended as ATA Continues to Seek Changes in Crash Accountability

Friday, June 8th, 2012

As of March 27th, carriers were granted the ability to grab a sneak preview of changes to the Safety Measurement System (SMS).  These improvements included:

1.  “Moving cargo/load securement violations from the Cargo-Related BASIC to the Vehicle Maintenance BASIC” in order to “identify carriers with a higher crash risk” and to “effectively address the bias associated with carriers that haul open trailers while still holding all carriers accountable for all cargo securement violations.” 1

2.  “Renaming the Cargo-Related BASIC the HM (Hazmat Materials) BASIC,” which would separate HM violations from load securement violations which are currently categorized together and applying severity weightings to each. 1

3.  “Better aligning SMS with Intermodal Equipment Provider (IEP) regulations.” 1

4.  “Eliminating the vehicle violations derived from driver-only inspections and driver violations from vehicle-only inspections.” 1

5.  “Improving the identification of passenger carriers.” 1

6.  Changing the SMS website’s terminology of ‘Insufficient Data’ (to < than 5 inspections) and ‘Inconclusive’ (to no violations within 1 year), as well as separating injury crashes from fatal crashes and tow-away crashes. 1

With an approaching deadline to comment on the changes originally scheduled for late June, the Federal Motor Carrier Safety Administration (FMCSA) has extended its deadline to July 30th, afterwards making any necessary changes before placing it into effect.

By previewing the refined system, carriers will have the ability to diagnose any issues, “request corrections to any inaccurate data,” as well provide any refinements that should be made. 2 Those wishing to do can access the preview by:  1.  Logging onto the CSA website (click here).  To do so, you need to have your U.S. DOT# and US DOT# PIN on hand.  2.  You can also access the preview by logging into the FMCSA Portal (click here).  Once logged in, click on “CSA Outreach.”

The FMCSA has been busy responding to CSA concerns.  Just last March, FMCSA Administrator Anne Ferro released a letter regarding 2011’s compliance reviews on high-risk carriers. 3 According to Ferro, last year there were 9,868 carriers under mandatory status (those “carriers deemed high risk for two consecutive months”). 3 This demonstrates the need to properly vet your carriers.

The FMCSA has also been under pressure by the American Trucking Associations (ATA) to change the way crash accountability is recorded.

Last year, carriers complained about high CSA crash scores reflecting accidents in which their trucks were not at fault. In return, the FMCSA developed both a short-term and long-term goal for easing carrier complaints.

Under these goals, trucking companies would be able to appeal who’s accountable for an accident, with a long-term plan aiming to determine accountability before the accident is even registered and factored into the scoring process.

In short-term, crashes would continue to be documented into the CSA database, however, carriers would then be given the option of using a system developed by the FMCSA allowing them to challenge the accountability of an accident by submitting a police report through the CSA data correction system.  Although all accidents will still be recorded in the CSA system, those carriers at fault will be scored heavier then those held non-accountable for an accident.

But as the Commercial Vehicle Safety Alliance’s Steve Keppler explains, this method poses problems when the “reviewer makes a determination on accountability that is different than the officer,” who was actually on the scene, or when their determination differs from the insurance company’s investigation.

Last March, the Federal Motor Carrier Safety Administration decided to go back on the proposal that would assess who was at fault in crashes in conjunction with the carrier’s CSA rating, due to concerns with “using just the Police Accident Report and a carrier’s statement to determine crash accountability,” instead of taking into account other input such as witnesses.4

Last Monday, the ATA challenged the FMCSA to “release a study it has done on the feasibility of using police reports to gauge crash accountability,” the same study the agency refused to release in 2010 stating that the findings were preliminary. 5

Other safety groups are also raising questions regarding “the uniformity and consistency of the Police Accident Reports that provide the basic accountability data, and the lack of public input into the determination of accountability.” 5

Have you previewed the FMCSA’s SMS changes yet?  If so, what are your comments regarding the revised system?

Not familiar with the SMS System?  Below are the seven BASIC categories a carrier and driver’s safety performance is scored in:  (*Information provided by Carrier411)

1. Unsafe Driving

Operation of commercial motor vehicles (CMVs) by drivers in a dangerous or careless manner.

Score ranges from 0-100 or Insufficient Data
Deficient Score Threshold
Passenger HazMat Other
50 60 65
Carriers you use will likely be classified as Other

Example Violations: Speeding, reckless driving, improper lane change, and inattention.

2. Fatigued Driving (Hours-of-Service)

Operation of CMVs by drivers who are ill, fatigued, or in non-compliance with the Hours-of-Service (HOS) regulations. This BASIC includes violations of regulations pertaining to logbooks as they relate to HOS requirements and the management of CMV driver fatigue.

Score ranges from 0-100 or Insufficient Data
Deficient Score Threshold
Passenger HazMat Other
50 60 65
Carriers you use will likely be classified as Other

Example Violations: HOS, logbook, and operating a CMV while ill or fatigued.
3. Driver Fitness

Operation of CMVs by drivers who are unfit to operate a CMV due to lack of training, experience, or medical qualifications.

Score ranges from 0-100 or Insufficient Data
Deficient Score Threshold
Passenger HazMat Other
65 75 80
Carriers you use will likely be classified as Other

Example Violations: Failure to have a valid and appropriate commercial driver’s license and being medically unqualified to operate a CMV.

4. Controlled Substances/Alcohol

Operation of CMVs by drivers who are impaired due to alcohol, illegal drugs, and misuse of prescription or over-the-counter medications.

Score ranges from 0-100 or Insufficient Data
Deficient Score Threshold
Passenger HazMat Other
65 75 80
Carriers you use will likely be classified as Other

Example Violations: Use or possession of controlled substances/alcohol.

5. Vehicle Maintenance

Failure to properly maintain a CMV.

Score ranges from 0-100 or Insufficient Data
Deficient Score Threshold
Passenger HazMat Other
65 75 80
Carriers you use will likely be classified as Other

Example Violations: Brakes, lights, mechanical defects, and failure to make required repairs.

6. Cargo-Related  (Data Not Publicly Available)

Cargo-Related data will not be displayed in Carrier411, although it is part of CSA 2010. Failure to properly prevent shifting loads, spilled or dropped cargo, overloading, and unsafe handling of hazardous materials on a CMV.

FMCSA will show Cargo-Related BASIC violations only. Cargo-Related BASIC score and intervention status will not be on public display.

7. Crash Indicator  (Data Not Publicly Available)
Crash Indicator data will not be displayed in Carrier411, although it is part of CSA 2010. Histories or patterns of high crash involvement, including frequency and severity. It is based on information from state-reported crashes.

1https://www.federalregister.gov/articles/2012/03/27/2012-7360/improvements-to-the-compliance-safety-accountability-csa-motor-carrier-safety-measurement-system-sms#p-7

2http://www.thetrucker.com/News/Stories/2012/6/6/FMCSAurgescarrierstopreviewtheirCSAdata.aspx

3http://www.truckersnews.com/fmcsa-reports-gives-congress-report-on-high-risk-carriers/

4http://www.truckinginfo.com/news/news-detail.asp?news_id=76326

5http://www.truckinginfo.com/news/news-detail.asp?news_id=77145

Paying Civil Penalty No Longer Offers Backdoor to Liability: FMCSA Revision Takes Effect This Month

Thursday, May 3rd, 2012

For years, carriers have been reincarnating themselves under new names in an attempt to escape out-of-service orders, penalties, shut downs, and terrible safety records, presenting a dangerous atmosphere to shippers, customers, and everyone on, and off, the road.  But the Federal Motor Carrier Safety Administration is hoping to crack down on just that with a new revision set to take effect this May.

A Growing Problem

Chameleon carriers are becoming a serious problem in the transportation industry.  A recent study conducted by the GAO found that in 2010, 1,136 new applicants were attributed as chameleon carriers, increasing by 377 since 2005, with 94% being freight carriers. 1

Take, for example, last December, when Devasko Dewayne Lewis was charged as being a chameleon carrier.  Lewis operated Lewis Trucking Company, which was issued an out-of-service order in 2008 as an imminent safety hazard.  Lewis formed a new trucking company, DDL Transport LLC, which was also put out-of-service in September 2011.  When asked whether he had any interaction with another carrier in the past, Lewis stated that he had not, failing to mention Lewis Trucking Company.  Lewis was indicted on federal charges for “making a false statement and seven counts of continuing operation after imposition of an out-of-service order.” 2

In the six year span, (2005 through 2010), the GAO reported an increased number of crashes among chameleon carriers compared to non-chameleon attributed carriers.

chameleon carriers

Click to enlarge

According to the GAO, “chameleon attributes were three times more likely than all other new applicant carriers to later be involved in a severe crash. 1 In fact, according to the report, 18% of those new applicants with chameleon attributes during 2005-2010 were involved in serious crashes compared to 6% of those with non-chameleon attributes.

So what’s being done to prevent these chameleon carriers from operating?  Let’s take a look at the FMCSA’s revision process.

The Revision

In 2004, the FMCSA’s proposal stated that “Payment waives respondent's opportunity to further contest the claim, and will result in the notice of claim becoming the final agency

order,” which was then revised in 2005. 3

However in a 2010 case, the FMCSA explained that by allowing a respondent’s proceedings to become terminated if they paid their penalty in full went against the FMCSA’s enforcement policy, “which requires that the Agency assess the maximum statutory penalty for each violation of law by any person who is found to have committed a pattern of violations of critical or acute regulations issued to carry out such a law or to have previously committed the same or related violation of critical or acute regulations issued to carry out such a law.” 3

In response, the FMCSA stated last December that it would revise the “rules of practice for motor carrier, intermodal equipment provider, broker, freight forwarder, and hazardous materials proceedings,” holding several comment sessions. 3

Last week, the FMCSA acknowledged that it needed to “monitor the safety performance history of carriers who `reincarnate' as a new carrier when faced with enforcement action in order to focus Agency enforcement efforts,” and thus, preventing them from the ability to evade accountability, establishing procedures that would become effective May 29th, 2012. 3

The revisions are as follows (Provided by http://www.regulations.gov/#!documentDetail;D=FMCSA-2011-0259-0010):

-“The Agency clarifies that paying the full proposed civil penalty in an enforcement proceeding, either in response to a Notice of Claim or later in the proceeding does not allow respondents to unilaterally avoid an admission of liability for the violations charged.”
-“The Agency establishes procedures for issuing out-of-service orders to motor carriers, intermodal equipment providers, brokers, and freight forwarders it determines are reincarnations of other entities with a history of failing to comply with statutory or regulatory requirements; these procedures will provide for an administrative review before the out-of-service order takes effect.”

-“The Agency establishes a process for consolidating Agency records of reincarnated companies with their predecessor entities.”

What do you think of the FMCSA’s revisions?  How do you feel chameleon carriers should dealt with?

Road Scholar Transport promotes the operation of only safe and qualified carriers on the road, that’s why we are giving you five ways in which you can help reduce the risk of hiring chameleon carriers:

-Research a carrier’s CSA (Comprehensive Safety Analysis) scores. This can be done by going to the FMCSA website (www.fmcsa.dot.gov) and clicking on Safety & Security, Company Safety Record, Safety Fitness Electronic Records System, Company Snapshot, and then entering the carrier’s DOT number, MC number, or name.  By clicking on SMS Results, you will gain valuable information regarding the number of out-of-services and accidents a carrier had as well as citations, helping you choose a safe carrier.

-Receiving daily updated authority/insurance data from carriers through products such as CarrierWatch.

-Research the company’s background. How long have they been in business?  Conducting business with a company who has been operating in the industry for several years and is well-established can help you avoid choosing carriers that are constantly re-incarnating themselves under new names to avoid penalties/out-of-service orders.

-Check the chameleon carrier database.  CarrierWatch grants you the ability to view a list of trucking companies whose operating authority has been revoked.

-Ask around.  Why not go directly to the source of who has experience using a particular carrier?  Referrals are a powerful tool in receiving insider information about a carrier’s reputation.

What measures are you taking to reduce the risk of hiring chameleon carriers? Post your responses at http://gsfn.us/t/2tte9.

1 http://www.gao.gov/assets/590/589530.pdf

2 http://www.truckinginfo.com/safety-compliance/news-detail.asp?news_id=75616&news_category_id=12

3 http://www.regulations.gov/#!documentDetail;D=FMCSA-2011-0259-0010

Concerns Over CSA 2010 Prompt Carrier Survey

Tuesday, July 12th, 2011

Last December we experienced the launching of the Comprehensive Safety Analysis (CSA) 2010, an effort to remove unsafe drivers from the road in order to reduce the number of accidents and fatalities.CSA 2010

Instead of carriers being rated under the SafeStat system, which rates trucking companies based on four categories (driver, vehicle, safety management, and accident), both carriers AND drivers are now evaluated under seven Behavior Analysis and Safety Improvement Categories (BASICS).  These include: unsafe driving, fatigued driving, driver fitness, controlled substance/alcohol, vehicle maintenance, cargo-related, and crash indicator.

Although CSA 2010 is being praised by some for its safety efforts, there are numerous concerns over the system.

Some referred to CSA 2010 as in fact “abusing” truck drivers, claiming that some drivers are cited for instances they have no control over; for example, a driver may be cited for fatigue driving when their dispatch team was pressing them to deliver a HOT load or a driver may be cited for an unsecured load when it was the shipper who loaded the trailer and who required the driver to stay in the truck (http://www.askthetrucker.com/csa-2010-good-for-trucking-industry-or-opportunity-for-abuse/).driver

Others are worried that the CSA 2010’s initiative to remove unsafe drivers from the road will lead to even greater driver shortages.  Those drivers that are looking for work are fearing that they will have a hard obtaining employment due to past occurrences.

It is because of these concerns that the American Transportation Research Institute (ATRI) has decided to conduct a carrier survey on CSA 2010’s impacts.

Posted today at http://www.atri-online.org/, the survey gathers the direct/indirect impacts of CSA 2010 on carrier operations (including freight pricing and operational costs), “as well as carrier perceptions and attitudes toward the Federal Motor Carrier Safety Administration’s new regulatory program” (http://www.thetrucker.com/News/Stories/2011/7/12/MotorcarriersaskedtoweighinonCSA.aspx).

Not only is the ATRI conducting both driver and carrier surveys, but also a literature review “in order to eliminate the uncertainties surrounding CSA” (http://www.atri-online.org/index.php?option=com_content&view=article&id=267&Itemid=61).

Carriers can take the short survey starting today at http://www.atri-online.org/ with results being posted in the upcoming months.

What do you think of CSA 2010?  Do you feel it has more benefits or does more harm to trucking companies?

news on the trucking industry

2011 Freight/Capacity Forecast

Monday, December 6th, 2010
Noël Perry

Noël Perry

According to FTR Associates’ Noël Perry, the transportation industry has been demonstrating signs of recovery from a weak economy.  But how does the 2011 outlook fan out?

In an article on etrucker.com, Perry predicts that freight will increase to an average of 4-7 percent, but capacity will do just the opposite.

With companies reluctant to expand capacity, along with the recent CSA (Comprehensive Safety Analysis) 2011 and hours of service (HOS) regulations, capacity issues and driver shortages are expected, the article notes.

The shortage of trucks is expected to grow from 100,000 units to 250,000 next year and increase to 400,000 in 2012, its amount doubling the last shortage back in 2004 (http://www.etrucker.com/apps/news/article.asp?id=86066).

The HOS proposal is considered an issue.  Less hours that a driver is allowed to travel translates into a need for more drivers in order to fulfill deliveries.  Perry expects a shortage of 150,000 drivers next year, which could grow to 400,000 by 2012, etrucker.com explains.

Are you an experienced truck driver looking for great pay and benefits?  Apply today at http://www.roadscholar.com/employment.html.

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.

FMCSA Restricts Access to Safety Scores

Thursday, November 18th, 2010

Just a couple of weeks away from the Comprehensive Safety Analysis (CSA) 2010 Safety Measurement System going into full affect, the Federal Motor Carrier Safety Administration (FMCSA) has decided to keep BASIC (Cargo-Related Behavior Analysis and Safety Improvement Category)’s carrier scores private from the public, an article in etrucker.com notes.

According to fleetowner.com, the cargo BASIC was not calculated precisely on safety performance, but rather included violations that were not safety-related, and therefore, could not be compared accurately among carriers.

Since “BASIC scores are going to be used by shippers, brokers, insurance carriers, and potentially juries to make judgments about the ‘safety fitness’ of carriers” next month, they will remain confidential from the public, only being accessible to motor carriers and the FMCSA until the system is better developed (http://fleetowner.com/management/news/fmcsa-cargo-scores-private-1118/).

The American Trucking Associations (ATA) openly accepted the decision.

You don’t need access to BASIC to know that Road Scholar Transport is a secure carrier.  Road Scholar was recently deemed by the ISS (Inspection Selection System) a safety score of 23 out of 100 (1-49 being rated a safe carrier).

Ship with confidence today by visiting www.roadscholar.com.

Road Scholar Transport

Top Ten List of Trucking Industry Concerns Revealed

Monday, October 18th, 2010

The results are in.  Dim the lights.  Your top ten are about to be revealed.

A recent survey conducted by the American Transportation Research Institute (ATRI), listed the top ten concerns that trucking industries currently have, based on a poll taken of over 4,000 trucking executives.

According to truckinginfo.com, 35% of surveyors ranked the economy their biggest concern, the percentage being less than that of last year’s, which was at 51.6 percent.

The CSA (Comprehensive Safety Analysis) 2010 replaced government regulation for the number two spot with a little over 25 percent ranking it number one and 21 percent listing it in the number two spot, the site notes.

Other concerns that moved up on the list include driver shortage, ranking number five, and onboard truck technology, appearing in the number eight spot.

Below is the top ten list that the ATRI came up with (http://www.truckinginfo.com/news/news-detail.asp?news_id=71945):

1.      Economy

2.      CSA 2010

3.      Government regulation

4.      Hours of service

5.      Driver shortage

6.      Fuel issues

7.      Transportation funding/infrastructure

8.      Onboard truck technology (this moved up from last year’s number 10 spot)

9.      Environmental issues

10.    Truck size and weight (this was new to the top 10 list last year, debuting at number    nine.

Compared to last year’s list (http://www.atrionline.org/2009_Top_Industry_Issues_Report.pdf):

1.  Economy

2.  Government Regulation

3.   Fuel Regulations

4.   Congestion/Highway Infrastructure

5.   Hours-of-Service

6.   Commercial Driver Issues

7.   Environmental Issues

8.   Tolls/Highway Funding

9.    Truck Size and Weight

10.  Onboard Truck Technology

Road Scholar Transport

Road Scholar Transport

CSA Slams the Breaks on Truck Drivers

Thursday, August 12th, 2010

From now until 2012, trucking companies will see a decrease in their supply of drivers, shaping what DC Velocity believes can become “the worst driver shortage” in trucking history.

There are three main reasons for the shortage; one of them being the increasing age of truck drivers, with 1/6 of drivers being at least 55 years old.  Another reason is due to the growing number of companies who are turning to the trucking industry to transport their freight.  But the main reason for the concern is due to the Comprehensive Safety Analysis (CSA)’s initiative to remove unsafe drivers from the road in order to reduce the number of accidents and fatalities.  This will lead to the trucking industry’s shortage of drivers.

According to overdriveonline.com, Noel Perry, senior consultant at FTR Associates, predicts around a 200,000 driver shortage this year and that figure to double within the next two years.  Less drivers equals less capacity and that equals higher rates for shippers.

For more news on the trucking industry visit http://www.roadscholar.com/industrynews.html.

Road Scholar takes extensive measures to make sure that we hire only the safest drivers, all of which are CDL certified and background checked.  Through these steps and more, we are helping to eliminate the worst drivers by only hiring the best.

Think you have what it takes to be a Road Scholar?  Apply now at http://www.roadscholar.com/employment.html.

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