Regulatory Calendar
In addition to this list, the next several years will be very busy for FMCSA since the current transportation funding bill (MAP 21) directs the agency to begin 29 new rulemakings over the next two years. As in the past, however, FMCSA has not always met the deadlines imposed by Congress.
Electronic On-Board Recorders:
Supplemental notice of proposed rulemaking expected in June with a final rule in mid 2014
Carrier Safety Fitness Standards:
Notice of proposed rulemaking expected in November. This will set forth the process by which carriers are rated using CSA data.
Unified Registration System:
Final rule is expected in April.
Drug & Alcohol Clearinghouse:
vNotice of proposed rulemaking is expected in April. This will establish a database of drivers who have failed a DOT required drug or alcohol test. The data would be available to prospective employers
Diabetes Standard:
Notice of proposed rulemaking is expected in November. This will replace the current waiver system.
Entry Level Driver Training:
No deadline set. Training hours and curriculum requirements are under review
Medical Examiner’s Certification Integration:
A proposed rule that will require medical examiners to transmit data through FMCSA to state driver-licensing agencies is due in March.
HM Compliance Date Changed
In the last issue we reported that effective January 1, 2014, Consumer Commodity shipments could no longer be transported by ground. PHMSA has extended authorization of the ORM–D classification and the use of packagings marked ‘‘Consumer commodity, ORM–D’’ until December 31, 2020 for domestic highway, rail, and vessel transportation. After that date these shipments must be reclassified as “Limited Quantity” and meet those regulatory requirements.
What’s your ISS score?
Why Does It Matter?
The Inspection Selection System (ISS) has a profound effect on the number of times your trucks are inspected. Some roadside inspections are based solely on random selection, but most are done as a result of the ISS recommendation.
As you travel down the highway you may see a motor carrier enforcement officer sitting by the side of the road or the median. They’re in the process of selecting the next truck they’ll inspect. In most cases the officer’s decision is based on the information they receive when they type the truck’s DOT number into their laptop. The ISS system will return a score and a recommendation based on CSA scores and prior inspection information:
- Inspect: 75 – 100
- Optional: 50 – 74
- Pass: 1 – 49
Inspect: Criteria:
- Out-of-service carriers
- High risk carriers (four BASICs exceeding threshold, two BASICs exceeding threshold with one >85)
- Carriers with multiple BASICs prioritized for intervention
- Carriers with Hours of Service BASIC prioritized for intervention
Optional Criteria:
- Carriers with single BASIC prioritized for intervention
- Carriers with Unsafe and/or Crash BASICs prioritized for intervention
Pass Criteria:
- All other carriers with sufficient data to measure
What about carriers without sufficient CSA data? They’ll be shown as “Optional” except for a certain number that are randomly selected for the “Inspect” category.
The ISS data on a carrier is not public and is available to carriers through the “Portal.” To use the Portal, a carrier needs to sign up for a Portal account. This can be done at https://portal.fmcsa.dot.gov.
Safety Management Cycle
The Federal Motor Carrier Safety Administration recently released an overview of what it calls the Safety Management Cycle – SMC. There is a specific Safety Management Cycle for each CSA BASIC broken down into six Safety Management Processes. Not surprisingly these six SMP’s look pretty familiar and deal with policies, responsibilities, training, monitoring and actions.
Although this is primarily an investigative tool, FMCSA advises that motor carriers can use SMC and the related guidance to improve their safety performance and thus the resulting BASIC scores. Has FMCSA given the industry a tool that provides an easy pathway to better rankings? The answer is: no, nothing is that simple. Safety is a complex process that goes across an entire organization. However, reviewing the Safety Management Cycles for each of the BASICs would be worthwhile in that it could validate what you’re doing, and possibly uncover areas where your current policies or processes may be weak.
On another level, the Safety Management Cycle information is valuable since it’s the framework used by investigators looking at a motor carrier’s operations. This gives some insight into what questions may be asked and the types of programs and procedures that an investigator may expect to find. One of the recurring points under monitoring and tracking is to “…assess whether an issue is individual or represents a systemic breakdown…”. If you do nothing else, being vigilant about assessing the causes of violations will help ensure that you’re in a position to identify the root cause and effectively deal with limiting future occurrences.
Link to view and download Safety Management Cycle information:
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