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House Committee Hears CSA Complaints


By Oliver B. Patton, Washington Editor

A congressional hearing yesterday on the Federal Motor Carrier Safety Administration’s CSA safety enforcement program gave critics a chance to vent, but the committee appears content for the time being to let the agency and its constituents work things out.

The House Subcommittee on Highways and Transit has no immediate plans for legislation addressing CSA, although it will keep an eye on the issue, said spokesman Justin Harclerode.

Rep. Peter DeFazio, D-Ore., the ranking minority member of the panel, said legislation would be premature at this point.

DeFazio said he will wait to see what the agency does in its pending safety fitness rulemaking. This rule, which the agency is expected to propose early next year, will formally incorporate the CSA data and rating system into a standard for determining if a carrier is fit to operate.

“The critical thing will be the rulemaking that they will propose and, as they go through the rulemaking, how this data will be utilized and what the final scoring system is going to be,” DeFazio said.

He said he believes that FMCSA Administrator Anne Ferro is “getting the message” about CSA problems.

Shortcomings Undermine Effectiveness

Indeed, the concerns of carriers, shippers, brokers and the enforcement community have been the subject of public debate ever since the CSA program kicked off in 2010.

American Trucking Associations says that shortcomings in CSA data and methodologies undermine the system’s effectiveness.

“While ATA takes issue with certain specific elements of the CSA methodology, there is an overarching theme: CSA scores must reflect future crash risk,” Scott Mugno, vice president of safety for FedEx Ground, told the committee.

The first thing the agency must do to fix the problem is admit that CSA does not accurately and reliably identify unsafe carriers, Mugno said.

“In other words, CSA scores are not a reliable predictor of future crash risk,” he said.

In addition, the agency must focus on the least-safe carriers, not just those that have compliance problems, he said. And the agency must implement changes that correct shortcomings in the data and methodology.

“Only then will CSA reach its fullest potential as a tool to improve highway safety.”

Another witness, Ruby McBride, vice president of Colonial Freight Systems in Knoxville, Tenn., said that in a recent encounter with CSA, the system did not live up to its billing.

The company had a high ranking in its Fatigued Driving BASIC as a consequence of form-and-manner violations of the hours of service rule, she said. This should have triggered a warning letter, but instead the agency sent in investigators for a nine-day audit that in the end preserved the company’s satisfactory rating.

“To add insult to injury, the misleading and inaccurate percentile rankings that triggered the audit remain unchanged and we are still branded as a high-risk carrier in the BASIC,” she told the committee. This leads to lost business opportunities because shippers are leery of carriers with such rankings.

Compliance vs. Safety?

Colonial’s high ranking illustrates one of the continuing issues with CSA. While carriers are frustrated, for obvious reasons, by form-and-manner violations skewing their scores, both FMCSA and the enforcement community say these violations are not frivolous and deserve the attention the system gives them.

“Compliance with regulations is also a critical factor in terms of (commercial motor vehicle) safety,” said David Palmer, assistant chief of the Texas Department of Public Safety and a spokesman for the Commercial Vehicle Safety Alliance.

He took issue with the contention that CSA should go directly and only to crash risk.

Factors that have a high correlation to risk obviously are important, but from the perspective of the inspecting officer, compliance also needs to be considered, he said.

“Some may say that hours of service records that do not include items like location changes of duty status or list miles driven are simply ‘paperwork’ violations. However, to an inspector, these violations are indicators that a driver could be concealing major violations,” he said.

CVSA, which represents the enforcement community, believes that CSA is working much more effectively than the agency’s previous system, Palmer told the panel.

“Quite frankly, CSA has brought commercial vehicle safety to the forefront of industry and enforcement like no other program in my time before it,” he said.

Broker Use

Bruce Johnson, director of carrier services for the transportation brokerage company C.H. Robinson, told the committee that FMCSA needs to make several changes in the CSA program.

It should add each carrier’s safety rating to screenshots that show its CSA data, and it should remove language on its website that encourages shippers to use CSA data for their own purposes, he said.

He also said that when the agency proposes its safety fitness rule, it should include a rating system that rates all unsafe carriers as unfit to operate.

And Johnson called for legislation to abolish vicarious liability for brokers and shippers due to negligent behavior on the part of the carriers they use.

Crash Data

Another major concern about CSA has to do with the lack of accountability in the crash data. The agency does not include fault in its accounting for crashes. Instead, it assumes a certain degree of fault, and uses that assumption as a predictor of future crash risk.

Carriers object to this approach, and the agency has begun a year-long study of how to correct the problem. The safety advocacy community warns, however, that the agency must proceed with caution.

Steve Owings, president and founder of Road Safe America, gave the committee a life-and-death reason for why the agency should be cautious about relying on police accident reports to determine fault in crashes.

In 2002, Owings’ son, Cullum, was killed when a speeding truck ran into the back of his car as it was stopped in traffic.

The investigating officer was able to interview only the truck driver, who lied about the circumstances of the crash, Owings told the committee. Cullum’s brother, Pierce, who was in the car but survived the crash, gave the true account, which later was corroborated by a private investigator hired by Owings.

“If we were limited only to the version of the crash recorded in the (Police Accident Report), and Pierce had not survived, or if Susan (Owings’ wife) and I lacked the means to pay for an additional investigation, the truth would not have been discovered or proven,” Owings said.

Anne Ferro explained to the committee that as part of its analysis of crash accountability it is reviewing the uniformity and consistency of police accident reports, as well as the process for making crash determinations and getting public comment.

Ferro also said the agency is undertaking regular, scheduled revisions to CSA to address concerns about the program, and recently formed an advisory committee to make sure that industry has a voice in the development of the program.

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5/14/2012 – Highway Bill Conferees Face Daunting Schedule
House and Senate conferees last week began work on the highway bill under considerable pressure of time and necessity.

Counting today, the conferees have 19 working days left before the current extension expires June 30. Their staffs, who do much of the detail work in the conference process, probably will be working close to 24-7….
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5/11/2012 – CARB Urges Tractor-Trailer Owners to Register Early for Flexibility
The California Air Resources Board is encouraging small fleet owners of 2010 and older model year 53-foot or longer box-type trailers that operate on California highways to report vehicle information now to gain additional time to comply with the Tractor-Trailer Greenhouse Gas regulation….
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5/11/2012 – DOT Simplifies Stop Sign Regs

The Obama Administration is eliminating 46 regulations on traffic signs to provide more flexibility for state and local governments, including allowing communities to replace traffic signs when they are worn out rather than requiring signs to be replaced by a specific date….
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5/11/2012 – Carriers Can Preview Proposed CSA Safety Measurement System Changes

The Federal Motor Carrier Safety Administration has updated the CSA Safety Measurement System website and the SMS Preview website. Carriers can log in to to CSA’s Safety Measurement System site to preview the first package of proposed changes through two websites:…
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5/9/2012 – Teamsters Endorse Obama in 2012

Teamsters General President Jim Hoffa announced the union’s endorsement of President Barack Obama for re-election in 2012. Hoffa made the official announcement to more than 1,500 Teamster members attending the union’s annual conference in Las Vegas this week….
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5/9/2012 – ATA’s Graves Not Optimistic about Highway Bill
The country has a lot on the line in the current negotiations over the highway bill, but Bill Graves, president and CEO of American Trucking Associations, is not optimistic that Congress will do what needs to be done….
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5/8/2012 – Motor Carriers Asked to Weigh in on CSA
This week, the American Transportation Research Institute launched its second annual motor carrier survey to identify CSA impacts on trucking operations, as well as carrier perceptions and attitudes toward FMCSA’s maturing regulatory program….
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5/8/2012 – Stability Control Proposal Nearing Publication

A proposal to require stability control systems on heavy-duty tractors is nearing publication. The National Highway Traffic Safety Administration proposal has been cleared by the White House Office of Management and Budget, the last step in the review process….
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5/8/2012 – Industry and Safety Groups Press for Recorder Mandate
Trucking and safety interests are pressing congressional negotiators to include an electronic onboard recorder mandate in the highway bill they are drafting. In a letter to leaders of the House-Senate conference committee, industry interest groups strongly urged that the mandate be kept in the bill….
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5/5/2012 – CSA Data May Indicate Move by Drivers to Independent Owner-Operators
Federal safety data indicate that carrier registrations have jumped by 7.5% over the past 14 months, possibly reflecting a move by drivers to go into business for themselves, according to an analysis by QualifiedCarriers, a risk management services provider to shippers….
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5/4/2012 – Fuel Economy Standards Could Reduce Transportation Funds by $57 Billion
Proposed fuel economy standards could result in a $57 billion drop in tax revenue that goes to federal transportation funds, says the Congressional Budget Office.

New CAFE standards (or corporate average fuel economy standards), proposed by the National Highway Traffic Safety Administration and the Environmental Protection Agency in 2011, would tighten fuel economy standards for light-duty vehicles manufactured from 2017 to 2025….
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4/30/2012 – New Jersey Congressmen Call for Suspension in Toll Hikes
Several New Jersey Congressmen asked the Port Authority of New York and New Jersey to delay a second round of toll hikes scheduled for December until the agency can prove it has its finances in order, reports New Jersey’s Star-Ledger.

“The planned toll hikes should be suspended until an external audit determines that the audit recommendations have been addressed,” wrote U.S. Sen. Frank Lautenberg in a letter…
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4/30/2012 – FMCSA Cracks Down on Reincarnated Carriers
A new rule from the Federal Motor Carrier Safety Administration makes it tougher for carriers that have been sanctioned to reincarnate themselves under a new identity.

The agency last week posted a final rule that changes its procedures in several areas affecting truck lines, intermodal equipment providers, brokers, freight forwards and hazmat proceedings….
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4/27/2012 – Highway Bill Conferees Face Tough Funding Issues but Share Some Common Ground on Policy

The House and Senate have chosen their conferees for negotiations on the highway bill. They have until June 30 to work out a deal or pass another extension.

The conferees’ toughest challenge will be to agree on the duration and funding of the bill, but their portfolio includes numerous important policy issues, including truck safety and program reforms at the Department of Transportation….
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4/26/2012 – ATA, OOIDA Square Off on EOBR Debate
In advance of the upcoming conference committee meetings on the surface transportation bill, the American Trucking Associations and the Owner-Operator Independent Drivers Association are urging passage or rejection (respectively) of the Senate’s EOBR requirement….
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4/25/2012 – Transport Experts Say Public Must Push Congress to Act on Highways
Congress can’t do its job on the highway bill, so the public is going to have to take the lead, says a group of infrastructure experts including five former secretaries of transportation.

The federal highway program is now running on its ninth temporary extension because Congress will not compromise on how to pay for it, said the 60 experts brought together by the University Virginia’s Miller Center….
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4/23/2012 – FMCSA Withdraws Sleep Apnea Proposal
FMCSA apparently jumped the gun with its Friday announcement that it proposed to adopt the recommendations of two advisory panels for tougher sleep apnea guidelines….
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4/20/2012 – No Clear Answers on Highway Bill
House passage of another 90-day extension of the highway program sets the stage for another nail-biter.

Including today, there are 31 working days left before the current extension expires. The extension the House passed on Wednesday would give the House and Senate until the end of the fiscal year in September to negotiate the details of a highway bill that lasts longer than 90 days….
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4/20/2012 – FMCSA Proposes Guidance for Sleep Apnea
The Federal Motor Carrier Safety Administration is proposing tougher standards for sleep apnea evaluation. The agency is adopting the recommendations of two advisory panels, one from the medical community and one representing industry, enforcement, labor and safety advocacy interests, for how medical examiners should evaluate the condition….
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4/20/2012 – Employee Misclassification Report No Good, Says New York State Motor Truck Association

A new report published by the Drum Major Institute claims to illustrate widespread abuse through the misclassification of employees in the truck transportation industry. The New York Motor Truck Association, however, says this report is just a tool the Teamsters Union is using…
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4/19/2012 – N.J. Trucking Executive Warns Senate on the True Cost of Tolls
In testimony before the Senate Commerce, Science and Transportation Committee, NFI Chief Financial Officer Steve Grabell warned that rapidly increasing toll rates, as well as the spread of tolls across the country, are a threat to consumers and to the trucking industry….
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4/19/2012 – New Rule Will Create Registry of Certified Medical Examiners
Truck safety regulators are about to post a new, long-awaited rule aimed at shoring up driver medical standards.

The rule will require those who perform medical exams for drivers to be trained, tested and certified to a national standard. It also will create a national online registry of examiners who have met the certification requirement….
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4/19/2012 – House Passes Another Highway Bill Extension, Heads to Conference Committee
Once again, the U.S. House of Representatives has kicked the can down the road on highway funding. Despite a presidential veto threat, the Republican legislation extended transportation funding through September — the 10th such extension — and mandates construction of the controversial Keystone XL pipeline….
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4/17/2012 – Canada Aligns GHG Emissions Regs with U.S.
Canadian Environment Minister Peter Kent announced Canada’s alignment with the U.S. regulations for heavy-duty vehicle and engine greenhouse gas emissions for 2014 and later….
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4/17/2012 – N.J. Owner-Operators Need IRS Determination for Non-Employee Status

UPDATED — A number of New Jersey fleets have discovered the hard way — with fines to the tune of $800,000 — that the New Jersey Department of Labor now requires owner-operators to first prove that the Internal Revenue Service already deemed them independent contractors before the state will allow an employee exemption….
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4/16/2012 – California Court Says Employers Must Offer 30-Minute Meal Breaks

California trucking companies will be required to give drivers a 30-minute meal period within the first five hours of driving, according to the California Supreme Court’s decision in the case of Brinker v. Superior Court. …
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4/13/2012 – Truck Dealer of the Year Nominee Educates Nebraska Rep. on Natural Gas
U.S. Rep. Lee Terry, R-Neb., visited Omaha Truck Centers, owned by dealer Trey Mytty, to learn more about natural gas in the commercial vehicle industry….
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4/13/2012 – FMCSA Wants to Study Overweight Trucks’ Connection to Safety
The DOT wants to better understand the safety performance of overweight vehicles — both permitted and illegally overloaded — so it is looking for state agencies to work with in a study of the issue….
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4/13/2012 – Study Finds Few Effects from Diesel Exhaust from EPA-07 Engines
The first results of what is said to be the most comprehensive study ever undertaken of the health effects of exposure to new technology diesel engines has found no evidence of gene-damaging effects in the animals studied, and only a few mild effects on the lungs, according to a report issued by the Health Effects Institute….
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4/10/2012 – FMCSA Shuts Down JA Transportation
The U.S. DOT’s Federal Motor Carrier Safety Administration declared New Jersey-based JA Transportation Inc. an imminent hazard to public safety, and ordered the trucking company to shut down its operations….
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4/9/2012 – New Rule for Medical Examiners Nearing Publication
A final rule to establish a National Registry of Certified Medical Examiners is close to publication.

The rule was cleared last week by the White House Office of Management and Budget, the last stage before publication in the Federal Register….
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4/5/2012 – Three Oregon Ports of Entry to Switch to Phone-based Services
The Oregon Motor Carrier Transportation Division is closing its registration offices at three ports of entry and replacing over-the-counter services with phones and fax machines truck drivers can use for registration and over-dimension permit services….
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3/30/2012 – No Highway Bill, So Congress Extends Program for 90 Days

Congress yesterday passed a 90-day extension of the federal highway program, the ninth extension since the program formally expired in October 2009….
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3/30/2012 – Nasstrac Joins HOS Legal Battle
Nasstrac, the National Shippers Strategic Transportation Council, has joined in the legal efforts to challenge a lawsuit regarding reduced daily driving hours for truckers, reports the Journal of Commerce….
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3/28/2012 – CSA Changes Available for Review
The Federal Motor Carrier Safety Administration is previewing a half-dozen important changes it plans to make in the CSA safety enforcement system.

In the announcement in yesterday’s Federal Register, the agency also discussed a controversial decision it recently made to back away from plans to clarify crash accountability data in CSA….
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3/27/2012 – FMCSA Urged to Step Up Effort Against Reincarnated Carriers

The Federal Motor Carrier Safety Administration could step up its effort to catch reincarnated carriers by making better use of the data it has, according to the Government Accountability Office….
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3/26/2012 – FMCSA Officials Get Input on EOBRs at Mid-America Trucking Show
LOUISVILLE, KY — Officials with the Federal Motor Carrier Safety Administration got an earful Friday about a number of issues relating to hours of service, electronic onboard recorders, and how trucking companies use EOBRs and other in-cab technologies to harass drivers….
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3/22/2012 – House Will Push Highway Extension
The House, unable to resolve internal differences regarding its five-year, $260 billion highway bill and opposed to the Senate’s two-year, $109 billion measure, is going to push for a three-month extension of the current program….
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3/22/2012 – Cummins to Have 2014-compliant Engines in Service by 2013
LOUISVILLE, KY — Cummins Inc. says it will be ready to ship its full line-up 2014-compliant heavy-duty diesel and natural gas engines a full year ahead of deadline, and they’ll feature improved reliability and fuel economy….
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3/21/2012 – ATA: Common Sense Must Govern CSA Crash Accountability Decisions
American Trucking Associations‘ leaders expressed serious concern over the recent decision by the Federal Motor Carrier Safety Administration to continue to count every truck-involved crash in CSA scores, including those the truck driver could not have prevented….
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