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Trucking Regulatory Update 4/2013

Update on US Federal Trucking Regulations

Joel Beal

on 15 April 2013

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Transcript of Trucking Regulatory Update 4/2013

Oklahoma / Texas State Branch Meeting

US Federal Regulatory Update April 13, 2013 EOBR's Hours of Service Spring 2013 Trucking Regulatory Issues CSA Problems 1. Roadside data uniformity does not exist - yet roadside data is the foundation of all data-driven traffic safety initiatives.

Safety Fitness Determinations rely on roadside data
Accident fault determination relies on roadside data

2. Clerical errors How Shippers Use CSA When? July 1, 2013

Will there be an extension because of the lawsuit?

ATA, CVSA, and Congress ask for a delay...
FMCSA said no What are the new rules? Train your drivers
Look at your contracts
Adjust your routes
Rates? NSRMCA and LoadTrek studies Mandate Timeline? Passed Congress and Signed by the President - August 2012.

Trip Recorders - 1982
AOBRD's - 1988
EOBR Mandate 1 - Regulatory Action 2010. Vacated 2011 by court action.
EOBR Mandate 2 - Legislative Action 2012. FMCSA to publish final rule in January 2013.
No wait... March 2013
Make that September 2013
Mandate effective 2 years after the regulations are published as a final rule.
Administrator Ferro - "We might make the mandate by 2016" Now what? If it makes sense for your company - do it now and start saving variable operating costs. Mature, proven technology.

My guess:
Rule by the end of 2013 and mandate by the end of 2015
Some new EOBR suppliers and fleets won't really be ready - bottlenecks and pricing adjustments at the deadline. March 15 - US Court of Appeals for the District of Columbia heard 2 arguments:

Against mandatory breaks and new 34 hour restart provisions
Harms Productivity
No Evidence

In favor of 10 hour driving limit and no cumulative restart Who's Suing Who? Joel Beal - joelbeal@loadtrek.net 877.226.0107 x3215 Why CSA? What it is.. How it works CSA is based on roadside inspections.
Focuses on specific unsafe behavior
Identifies root cause
Requires corrective action

725,000 truck and bus operators, less than 2% reached annually 1. Measure Carrier Safety
Roadside inspection data. Data is reused for 2 years (carrier) and 3 years (driver)
Investigation findings.

2. Intervention Process

3. Safety Fitness Determination SMS = Safety Measurement System

1. Uses crash records
2. Uses all safety-based roadside inspections; ~ 3.5M annually
2. Each violation is weighted and scored
3. Violations fall into 7 performance based categories (BASICs)
4. Score = Intervention

Replaces the old SateStat Unsafe Driving (Parts 392 & 397)

Hours-of-Service (Parts 392 & 395)

Driver Fitness (Parts 383 & 391)

Controlled Substances/Alcohol (Parts 382 & 392)

Vehicle Maintenance (Parts 393 & 396)

Hazardous Material (Part 397 & HM 171, 172, 173, 177, 178, 179, 180)

Crash Indicator (Based on state-reported crashes) 7 Basics of SMS What You Can Do Educate drivers: Every Violation and Inspection Counts
Educate Mechanics: Every DVIR counts
Are DVIR's enough?
Automate DVIR's?
Safety Lanes every return home?
Are paper logs good enough?
Understand the BASIC's
Educate - again. Every safety meeting. Every newsletter. Every notice. Defend Yourself Hire right. Consider using PSP.
Update your MCS-150, Motor Carrier Census
Log in to SMS frequently
Review inspections and violation history over the past 2 years.
Review BASICs
Question potentially inaccurate data Corrections Data Q's privide the public the opportunity to request a data review.

Check your DataQ: https://dataqs.fmcsa.dot.gov
Attach supporting Documentation
Be specific and detailed
Include all contact information
Check status often Who can see what? Carriers have access to full SMS results and BASIC measurements.

Public (insurance, shippers, etc) has access to:
SMS Results
BASIC Measurements
HazMat violations but not score
List of crashes
But - no Crash BASIC score Interventions 1. Warning letters
2. Investigations
Offsite Investigations
Onsite Focused Investigations
Onsite Comprehensive Investigations
3. Follow-on corrective actions
Cooperative Safety Plan (CSP)
Notice of Violation (NOV)
Notice of Claim (NOC)
Operations Out-of-Service Order (OOS) SMS is not a safety rating

Comprehensive picture of a motor carrier safety and compliance standing is provided by:
Official safety rating on Safety and Fitness Electronic Records (SAFER )
Authority and insurance status on Licensing and Insurance (L&I) website
Intervention and priority status on SMS What's Coming Current
One of three safety ratings issued following the most recent Compliance Review -
Satisfactory, Conditional, Unsatisfactory

New Safety Fitness Determination
Incorporate on-road safety performance
Continue to include major safety violations found as part of investigations
Notice of Proposed Rulemaking scheduled for 2013 Drivers FMCSA does not “rate” drivers
Investigators review drivers with more extensive violation histories during carrier investigations
Pre-Employment Screening Program (PSP):
Is a Congressionally-mandated program
Provides perspective employer with driver inspection, crash, and violation history if driver signs release
No assessment or score provided Don't Be High Risk The FMCSA's data modeling shows high risk carriers have more than 2X the crash rate of all active carriers. More Information CSA: http://csa.fmcsa.dot.gov/

PSP: http://www.psp.fmcsa.dot.gov/

Email JoelBeal@LoadTrek.net to sign up for our free newsletter Carrier Size Matters Your State Matters
Full transcript