Presented by Mark CatlinJ. J. Keller & Associates, Inc.

September 2010

No new CSA driver regulations

No new CSA vehicle regulations

NO new CSA recordkeeping regulations

Not a system to “throw” 250,000 drivers off the road

It is an enforcement system for:› Tracking, measuring, evaluating, and

intervening with motor carriers (replacement for SafeStat)

› A new method for rating carriers (will require rulemaking)

All interstate carriers that have a USDOT number (regardless of “type”), including:› For hire (common or contract)› Private› Construction› Utility› Ag exempt› Non-CDL

Designed to more effectively target carriers with problems

Allows FMCSA and States to have more tools to intervene with “potentially unsafe” carriers

Uses all data from the roadside to identify potential problems

Will mean more potential enforcement against poor performing carriers

Recently announced delay in implementation until 2011

Today’s Measurement System: SafeStat

CSA 2010 SMS

Organized by four broad categories - Safety Evaluation Areas (SEAs): Accident, Driver, Vehicle, and Safety Management

Organized by seven specific BASICs

Identifies carrier for a compliance review (CR) Identifies safety problems to determine whom to investigate and where to focus the investigation

Uses only out-of-service (OOS) and moving violations from roadside inspections.

Uses all safety-based roadside inspection violations

No impact on safety rating Used to propose adverse safety fitness determination based on carriers’ current on-road safety performance (future)

Violations are not weighted based on relationship to crash risk

Violations are weighted based on relationship to crash risk

Assesses carriers only Assesses carriers and drivers – the driver SMS is a tool for investigators to identify drivers with safety problems during carrier investigations

No change:› Roadside inspections and associated

violations› DOT-recordable crash reports› Intervention violations

SMS BASICs focus on behaviors linked to crash risk

1. Unsafe Driving (Parts 392 & 397)2. Fatigued Driving (Hours-of-Service);

Parts 392 & 395)3. Driver Fitness (Parts 383 & 391)4. Controlled Substances/Alcohol (Parts 382 & 392)5. Vehicle Maintenance (Parts 393 & 396)6. Cargo-Related (Parts 392, 393, 397 & HM)7. Crash Indicator

Unsafe Driving BASIC› Following too close› Speeding› Lane change› Passing and turning› Careless/reckless› RRXing

Unsafe BASIC:› Now uses “utilization factor” in

combination with power units during the normalizing process

› Peer groups (now called safety event groups) based on number of inspections with Unsafe Driving violation rather than power units

› Speeding broken into 4 violations (based on amount over the limit)

Fatigued Driving BASIC› Operating a CMV when fatigued› 11, 14, 60/70 violations› False logs› Logs not current› Form and manner

Driver Fitness BASIC› Multiple license› No license› Class and endorsement violations› Unqualified driver› Lack of training or experience› Under age

Controlled Substances and Alcohol BASIC› Under the influence of drugs or alcohol› Possession of drugs and alcohol in CMV› Consumption of alcohol within 4 hour of

duty

Drug and Alcohol BASIC› Now uses relevant (driver) inspections to

normalize the data (rather than power units)

› Peer groups (now called safety event groups) are based on number of inspections with Drug and Alcohol violations rather than power units

Vehicle Maintenance BASIC› Required lights not working or obscured› Conspicuity marking inadequate› Brake› Tire› Suspension› Steering› Periodic inspection

Cargo-related BASIC› Hazmat (especially securement)› Failure to inspect cargo› Cargo securement

Cargo-Related BASIC› Size and weight removed from scoring,

however…

Crash BASIC› DOT recordable crashes (preventability is

not a factor, all crashes count)› Severity weighted based on injury or

fatality vs. no injury and the release of a hazardous material (cargo)

Crash BASIC› Now uses “utilization factor” in

combination with power units during the normalizing process

› Peer groups (now called safety event groups) based on number crashes rather than power units

› Preventability is not considered, all crashes are scored in the system

All BASICs› Severity weights update in all but Crash

BASIC

New intervention thresholds

BASIC Passenger HazMat Property

Unsafe DrivingFatigued DrivingCrash

50 60 65

Driver FitnessDrugs/AlcoholVehicle Maintenance Cargo-Related

65 75 80

• Intervention process triggered by: – One or more deficient BASICs,– High crash indicator, or – Complaint or fatal crash.

• Intervention selection influenced by:– Safety performance,– HM or passenger carrier, and– Intervention history.

No change› FMCSA reinforced that warning letter will

be going out to all carriers with a deficient BASIC in December

› Interventions fully operational nationwide in 2011

No overall structural changes, CSA still uses:› Data Collection› Safety Measurement Systems (SMS)› Safety Evaluation› Progressive interventions

FMCSA still referring to program as “CSA 2010”

SMS replacing SafeStat and intervention rollout timeline stayed the same (begins November/December 2011)

Rulemaking related to new audit and rating process set for release Spring 2011

• More Carriers will fall into the Marginal and Unfit Categories

• More Carriers will have some type of Interventions

• Drivers will receive more scrutiny• Companies will need to carefully screen

new drivers• Greater need for “good” data/ “clean”

inspections

Educate Yourselves and Your Employees:› Understand the SMS Methodology and the BASICs› Check the website for information and updates (

http://csa2010.fmcsa.dot.gov)› Raise awareness that every inspection counts and every

violation counts Ensure compliance

› Review inspections and violation history over the past 2 years › Address safety problems now› Educate drivers about how their performance impacts their own

driving record and the safety assessment of the carrier Check and update records

› Motor Carrier Census (Form MCS -150)› Routinely monitor and review inspection and crash data› Question potentially incorrect data (DataQs:

https://dataqs.fmcsa.dot.gov)

Learn the SMS process, specifically: Severity weighting (nearly all on-road

violations count, but how much?) Time weighting (time reduces violation and

crash values) BASIC Measure calculation (specifically,

which BASICs are helped by good inspections and which can only be helped by stopping violations)

Learn the high severity driver violations and take steps to avoid them:

Jumping an out-of-service order Reckless driving Operating a vehicle while ill, fatigued,

or under the influence Texting while driving Violating hours-of-service limits False logs Moving violations Driver having multiple licenses Driving a CMV while disqualified

Learn the high severity vehicle violations and take steps to avoid them:

Operating an out-of-service vehicle Tire defects Suspension defects Steering system defects Required light not operating Brake defects Cargo not secured

Learn the high frequency driver violations and take steps to avoid them:

Log violation, general (183,171 severity 2) Speeding (129,714 severity 1, 4, 5, 7, or 10) Log not current (129,689 severity 5) No med certificate in possession (100,257

severity 1) Non-English speaking driver (72,868 severity 4) Over 14 hours (66,942 severity 7) Failure to use seat belt (53,666 severity 7) Over 11 hours (37,178 severity 7) False log (36,291 severity 7) Expired medical certificate (32,697 severity 1)

Learn the high frequency vehicle violations and take steps to avoid them:

Required light inop. (378,730 severity 6) No or defective light (276,381 severity 6) Brake hose rubbing (214,504 severity 4) General maintenance (198,704 severity 2) Tire under 2/32 (195,456 severity 8) Oil/grease leak (171,964 severity 3) Brake out of adjustment (154,749 severity 4) No periodic/annual inspection (146,539 severity 4) Extinguisher violation (144,751 severity 2) No brake lights (106,588 severity 6)

BASIC scores surprisingly poor Many inaccuracies in SMS reporting Some states are several months behind in

updating SMS data Managing CSA 2010 (monitoring scores,

filing appeals, etc.) very time consuming Difficult to pinpoint issues to a region or

location Good record-keeping is essential

Most significant regulatory action in over 20 years

Positive results on safety, but burdensome to carriers

New enforcement model impacts all carriers

Maintaining programs that address each BASIC is the key to avoiding interventions, but carriers must also establish programs and dedicate resources to “manage” CSA 2010.

Having visibility into potential issues prior to SMS reporting will provide carriers a significant advantage

Unsafe drivers will create significant liability for carriers

Changes to the scoring methodology, enforcement actions and other program elements should be expected

Thank you for joining us!