Dear Viewer,
This month’s issue features CSA. We take a look at how they’re dealing with accidents (or not dealing depending on your point of view) and how to challenge information that’s on your record. There are also updates on the Hours of Service, Roadcheck, TWIC cards and the CDL tank endorsement.
Sincerely,
Joe Morrison
CSA and Accidents
FMCSA has stood firm on not taking immediate action to allow preventability rulings from accidents on a motor carrier’s CSA record. FMCSA Administrator Anne Ferro is concerned about the reliability of the data that police officers enter on accident reports. She has also stated that FMCSA needs to study the cost/benefit analysis of integrating preventability. All in all a pretty firm signal that FMCSA is listening to the safety advocacy groups that are opposed to changing the methodology used to calculate the CSA crash indicator.
I am committed to carrying out a full analysis of what information we could use and what process we could use to better weight crashes – Anne Ferro, FMCSA Administrator
The statement is certainly far removed from promises a year ago to integrate preventability into CSA. In the interim, the following disclaimer has been added wherever a motor carrier’s Crash Indicator values are shown:
A motor carrier’s crash assessment (Crash Indicator BASIC measure and percentile) and the list of crashes below represent a motor carrier’s involvement in 24 months of reportable crashes without any determination as to responsibility.
Even though they’ve added the disclaimer, the score remains unchanged and the accident remains on the motor carrier’s record. Anyone, including shippers and plaintiff’s attorneys, are free to interpret the data as they see fit. Meanwhile, north of the border, the Canadians ran into this problem years ago. They came up with a rather simple, but effective, solution. They have a national accident report that is used for any truck crash. That report contains information about accountability for the accident. Who better to make that determination than the officer at the scene?
Even though FMCSA gladly accepts and trusts the data it receives from thousands of truck inspectors around the country, they’re not prepared to trust an investigating officer’s judgment on accident accountability. At the moment it appears if the status quo will remain for quite some time.
CSA and Challenges
Have you ever thought about challenging information on a roadside inspection? Is there an accident that doesn’t belong on your record? Is there an accident that doesn’t belong on your record? There is a means to challenge the data: the DATAQs System. Once you file your request it’s routed to the state that initiated the data for review. Last year 34,000 such challenges were reported and nearly two thirds (62%) were removed from the motor carrier’s record.
Keep in mind that you cannot use this system to remove an accident from your record if you think it’s non-preventable. Until there’s a change in methodology, all accidents carry the same weight.
Keep in mind that these requests are routed to the state that initiated the report and not FMCSA. Any changes to a motor carrier’s record must be made by the state. However, FMCSA has been monitoring the process with regards to timeliness and accuracy. The agency is thinking of requiring the states set up a panel to hear appeals if a challenge is denied. The panel members would come from motor carriers and law enforcement. Given the seriousness of CSA scores, it would certainly be a good step to have a process to protect the motor carrier’s interest.
Hours of Services
The U.S. Court of Appeals for the District of Columbia has posted a schedule for preliminary activities involving the hours of service dispute. Briefs relevant to the case are due July 24th, reply briefs are due October 24th, and final briefs are due November 21st. No date has been set yet for oral arguments. BAsed on this schedule a decision could come by late spring of 2013. We’ll all just have to stay tuned.
News Shorts
TWIC Extension
TSA and the Coast Guard have not finalized plans to install biometric TWIC card readers at port facilities. As a result, beginning August 30th, TSA will allow a three year extension to TWIC holders whose cards expire before December 31, 2014. Also, the charge will be $60, less than half the normal cost. TSA is now predicting that the biometric readers won’t be deployed until 2015. Until then security personnel will have to visually verify that the card and the person presenting it are a match.
Tank Endorsement Rule
FMCSA has stated that the requirement for a CDL tank endorsement does not apply to a driver who transports tanks that are empty or contain residue. However, a driver transporting filled portable tanks must have a tank endorsement if:
- The tanks have an individual rated capacity of over 119 gallons, and
- The aggregate capacity is 1,000 gallons or more
Road Check
This year’s CVSA Roadcheck is over but the results won’t be released until August. However, the kickoff event was in Maryland on I 95 and inspectors there reported the following:
- One driver who admitted smoking marijuana an hour before the inspection
- Another driver arrested on an outstanding warrant.
These may be extreme examples, but it’s likely that lights, brakes and tires will surface as the most common mechanical problems. There’s no better way to positively affect your CSA score than to zero in on these problems each and every day – before a CVSA inspector discovers them.
National Transportation Consultants, Inc.
Dedicated to being your safety and regulatory expert. You can count on us to provide expert guidance to keep your safety and risk management programs on track.
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