The FMCSA recently posted a new presentation, CSA 2010 for Commercial Motor Vehicle (CMV) Drivers, to educate drivers about CSA 2010. In addition to covering what CSA 2010 means to drivers, the presentation is designed to clarify misinformation concerning drivers under CSA 2010. "If you are a driver or need to educate drivers, check out this presentation," FMCSA says.
The agency also reminded motor carriers to take time to review their own company through the CSA 2010 Data Preview. With a DOT number and Personal Identification Number (PIN) provided by FMCSA, carriers may review safety performance data organized by the CSA 2010 Behavior Analysis and Safety Improvement Categories (BASICs).
Carriers needing a PIN may visit here and select ‘I want to request a copy of a document' or call 1-800-832-5660 for assistance.
From the April 9, 2010 Federal Register - courtesy of John Hill, former FMCSA Administrator and founder of The Hill Group, Inc.
April 12, 2010 - The Carrier Safety Management System (CSMS) will be available for individual motor carriers to view their own safety data.
April 12 - August 31, 2010 - motor carriers will see their safety performance history through the 7 BASICs. After the refinements to the CSMS occur in the summer of 2010, carriers from September through November 30, 2010 will see their safety performance through the CSA 2010 model.
June 2010 - CSA 2010 field test concludes with the nine pilot states. Thereafter, the nine states involved in the pilot program (Colorado, Delaware, Georgia, Kansas, Maryland, Minnesota, Missouri, Montana and New Jersey) will use the full array of interventions.
September 30, 2010 - Deadline for any comments on this implementation schedule for CSA 2010's revised schedule. I encourage you to make any comments concerning CSA 2010 that you may have.
November 30, 2010 - Three important things will occur:
1) Replace SafeStat with CSMS (the crash data will remain visible only to the motor carrier - not the public). This was previously to occur on July 1, 2010. The public will be able to view your profile.
2) Warning letters will be sent nationwide to any carriers with deficient BASICs.
3) Implementation of a nationwide Inspector Selection System (ISS) for roadside inspections in lieu of SafeStat as the basis.
Later in 2010 - FMCSA said in the federal register notice that they plan to issue a Notice of Proposed Rulemaking concerning the Safety Fitness Determination. Until the Final Rule is in place, FMCSA will continue to issue safety ratings based on Part 385 - the current regime.
On April 1, a
proposed rule to ban texting for truck and bus drivers was published in the Federal Register. The proposed rule would make permanent the interim ban instituted in late January, and take it a step further by establishing more detailed, binding requirements that include the risk of disqualification from driving, on top of the hefty fines that are now in place.
The first texting offense, and each subsequent offense, would lead to a fine of up to $2,750. If a driver commits a second offense within three years he would be disqualified for at least 60 days. Three offenses within three years would lead to a 120-day disqualification.
The FMCSA acknowledged in the NPRM that many carriers have invested significant resources in electronic dispatching tools and fleet management systems. The agency also indicated that its proposal should not be seen as a move to prohibit the use of onboard technology such as electronic dispatching or fleet management systems, or of cell phones for uses other than texting. It will take up these issues in separate rulemakings that will be announced in the coming months.
To promote public involvement and collaboration in the rulemaking process, the Department of Transportation (DOT) will be forming a partnership with Cornell University. Part of that partnership will be the formation of the Regulation Room (http://www.regulationroom.org/), an online environment where people can learn about and discuss proposed federal regulations, and a place where the DOT can receive feedback to its proposals. The DOT encourages participation in this rulemaking through Regulation Room, but the public may also submit comments to the DOT docket at http://www.regulation.gov/ The public comment period ends May 3.
The Federal Motor Carrier Safety Administration (FMCSA) has issued a final rule ordering motor carriers with "serious patterns of hours of service violations" to install electronic on-board recorders (EOBRs) in all their vehicles, affecting nearly 5,700 carriers. This final rule, significantly more stringent than the regulation proposed in January 2007, "gives us another tool to enforce hours of service restrictions on drivers who attempt to get around the rules," said Transportation Secretary Ray LaHood. "We are committed to cracking down on carriers and drivers who put people on our roads and highways at risk."
The final rule states that motor carriers with a violation rate equal to or greater than 10 percent of the records reviewed during one compliance review will be ordered to implement the use of approved EOBRs. Studies show that motor carriers with a 10 percent or greater violation rate of the hours-of-service regulations in one compliance review have a 40 percent higher crash rate than the general motor carrier population. Once a motor carrier receives notice, hazmat haulers have 45 days to install the devices and all other motor carriers have 60 days. If a motor carrier receives a directive, the devices will have to be installed on all trucks - even on owner-operator trucks leased to the motor carrier, even if the owner-operator is running under his or her own authority. If a company chooses to ignore the edict to install the devices, the motor carrier would no longer be allowed to operate in interstate commerce and could have its authority revoked by FMCSA.
The recorders, which automatically record the number of hours drivers spend operating vehicles, must be used for a minimum of two years. The final rule also outlines performance criteria for the actual EOBR devices. The devices, in addition to automatically recording driving time, will also have to record information such as driver name, date and time, location, distance traveled, and shipping document numbers or name of shipper and commodity. If the truck is being used as a personal conveyance, the driver will have to input a note to that effect before the truck even moves. In tracking the truck's movement, if the truck is stationary for five or more minutes, the EOBR must default to on-duty not driving and the driver "must enter the proper duty status." When the truck is in motion, the devices will have to record the time and location of the truck at least once every 60 minutes.
To address concerns with tampering, the agency requires that the EOBR records not be altered by the driver, motor carrier or third party. In the event that a record needs alteration, the EOBRs are required to keep the original records as well as the modified records. Drivers will be allowed to make "annotations" to the records in the event of a special circumstance.
The final rule, which takes effect on June 4, 2012, gives EOBR suppliers time to adjust to the new performance standards.
As an incentive to promote voluntary use, the agency will no longer require supporting documents related to driving time, such as toll receipts, for carriers that install recorders. The carriers that already use recorders may keep using them through the life of the truck. Recorders installed in trucks built starting in April 2012, will have to meet the new standards.
The FMCSA indicated that it would initiate another EOBR rulemaking, possibly later this year, to consider a mandate for passenger carriers, hazmat transporters and new motor carriers seeking authority.
The Electronic On-Board Recorders for Hours-of-Service Compliance rule is on display here: www.federalregister.gov/OFRUpload/OFRData/2010-06747_PI.pdf
The Federal Motor Carrier Safety Administration (FMCSA) originally planned to begin implementation of their new safety overhaul, CSA 2010, in July 2010 and to have all states fully functional by December. It now appears full implementation could be delayed until spring, or even summer, of 2011.
The FMCSA recently indicated that the CSA 2010 program would get underway this year, but perhaps not as early as July 2010. The agency will soon issue a Federal Register notice addressing the implementation timeline. The agency issued this statement: "As part of FMCSA's commitment to launch a comprehensive and effective CSA 2010 program, the agency is in the process of incorporating the feedback received from partners and stakeholders in the CSA 2010 pilot states. In the coming weeks, the agency expects to issue a Federal Register notice that will address the CSA 2010 implementation timeline and data preview for commercial motor carriers."
There has always been two phases planned for CSA 2010. The first phase is scheduled to be rolled out this summer, based in part on what has been learned in a number of states that have been testing a pilot version. A second phase must go through the rulemaking process, including a period of public comment.
A Notice of Proposed Rulemaking (NPRM) to address some of the details of implementation is key to the full roll-out, and it is likely that it will take beyond this year to get some of those worked out.
FMCSA plans to provide motor carriers with a limited preview of their CSA 2010 data beginning in April 2010. While this preview will include carriers' safety events (roadside inspections and crashes) and resulting violations, it will NOT reflect carriers' scores in each of the Behavioral Analysis and Safety Improvement Categories (BASICs), which is the heart of the new program.
FMCSA also announced that beginning November 30, 2010, motor carriers and the general public will be able to view more complete CSA 2010 Carrier Safety Measurement System (CSMS) data, including scores in each of the BASICs. On Nov. 30, FMCSA will also begin issuing warning letters to deficient carriers, but will not utilize the full range of CSA 2010 interventions. Instead, FMCSA will use the CSMS data "to prioritize" carriers for standard on-site compliance reviews.
Although we can expect to see a delay in CSA 2010's full implementation, carriers and drivers can't afford to put off education and preparation. Roadside inspection data continues to be collected, and it will continue to make up a carrier's score, regardless of when the program is completely implemented.