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Federal Motor Carrier Safety Administration American Moving & Storage Association 2012 Safety & Operations Conference. October 2012. Agenda. CSA Overview Commercial Enforcement Program Upcoming HOS Changes MAP-21. Compliance, Safety, Accountability. CSA Overview.

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October 2012

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October 2012

Federal Motor Carrier Safety AdministrationAmerican Moving & Storage Association 2012 Safety & Operations Conference

October 2012


Agenda

Agenda

  • CSA Overview

  • Commercial Enforcement Program

  • Upcoming HOS Changes

  • MAP-21

Federal Motor Carrier Safety Administration


Compliance safety accountability

Compliance, Safety, Accountability


Csa overview

CSA Overview

THE PROCESS: Broader array of interventions

  • Includes warning letters and focused on and off-site investigations to augment the full investigations

    THE SYSTEM: New Safety Measurement System (SMS)

  • Better identifies carriers for Agency interventions

    THE RULE: Revisions to Safety Fitness Determination (SFD) Regulations

  • To incorporate on-road performance into SFD methodology and eliminate the need for a full compliance review

Federal Motor Carrier Safety Administration


Csa interventions

CSA Interventions

More ways to get carriers to focus on safety:

  • Warning Letters

  • Offsite Investigations

  • Targeted Investigations

  • Cooperative Safety Plans

  • Notices of Violation

  • Notices of Claim

Federal Motor Carrier Safety Administration


Csa intervention tools

CSA Intervention Tools

The Safety Interventions process addresses the:

  • WHAT ?

    Discovering violations anddefining the problem

  • WHY? Identifying the cause or where the processes broke down

  • HOW?Determining how to fix it/prevent it by using the Safety Management Cycle (SMC) and Safety Improvement Resources

Federal Motor Carrier Safety Administration


New safety measurement system

New Safety Measurement System

  • Replaced the SafeStat system as the FMCSA tool to identify carriers for intervention

  • Reviews regulatory compliance and identifies unsafe carrier and driver behaviors that lead to crashes

  • All safety-based roadside violations

  • ~3.5 million inspections per year

Fatigued

Driving

(HOS)

Unsafe

Driving

Crash

Indicator

Driver Fitness

SMS

Controlled

Substances/

Alcohol

Cargo-

Related

Vehicle

Maintenance

Federal Motor Carrier Safety Administration


What does sms provide

What does SMS provide?

  • Carrier census information

  • Analysis of carrier on-road performance and investigation results based on the most recent 24 months in BASICs

  • Overall BASIC status (status above threshold may prioritize the carrier for intervention)

  • Flag if carrier is under an FMCSA order prohibiting operations

  • Driver and Vehicle Inspection OOS rates

  • Links to detailed individual inspection results and trend data

  • Links to SAFER and L&I for current safety rating and authority/insurance status

    SMS can be found at: http://ai.fmcsa.dot.gov/SMS

Federal Motor Carrier Safety Administration


Sms data

SMS Data

Federal Motor Carrier Safety Administration


Recent sms improvements

Recent SMS Improvements


Sms changes previewed

SMS Changes Previewed

  • Strengthening the Vehicle Maintenance BASIC by incorporating cargo/load securement violations

  • Changing the Cargo-Related BASIC to HM BASIC

  • Better aligning the SMS with Intermodal Equipment Provider (IEP)regulations

  • Aligning violations included in SMS with CVSA inspection levels

  • More accurately identifying carriers that transport significant quantities of HM and passengers.

Federal Motor Carrier Safety Administration


Sms changes announced

SMS Changes Announced

  • Modify SMS Web site display to:

    • Change current terminology of “Insufficient Data’’ and ‘‘Inconclusive’’ to fact-based definitions

    • Distinguish between crashes with injuries and crashes with fatalities.

Federal Motor Carrier Safety Administration


Additional changes effective in december

Additional Changes Effective in December

  • Removal of 1 to 5 MPH Speeding Violations

  • Lowered Severity Weight for Speeding Violations That Do Not Designate MPH Range

  • Alignment of Paper and Electronic Logbook Violations

  • Name Change of the Fatigued Driving HOS BASIC to the HOS Compliance BASIC

Federal Motor Carrier Safety Administration


Suspended license violations

Suspended License Violations

  • Driver Fitness BASIC – Suspended License violations

    • Inspectors now collecting more detailed information roadside

    • Separating Safety-based suspensions from non-safety based suspension

    • Allows SMS to weigh safety-based suspensions heavier

Federal Motor Carrier Safety Administration


December 2012 sms improvements

December 2012 SMS Improvements

  • Strengthen the Vehicle Maintenance BASIC by incorporating cargo/load securement violations from the Cargo-Related BASIC.

  • New HM BASIC

  • More accurately ID carriers that transport significant quantities of HM

  • Better align SMS with Intermodal Equipment Provider (IEP) regulations.

  • Align violations included in SMS with CVSA inspection levels

  • More accurately ID carriers that should be subject to lower passenger carrier intervention thresholds

  • Modify SMS public display

Federal Motor Carrier Safety Administration


Safety measurement system

Safety Measurement System

CURRENT

Behavior Analysis and Safety

Improvement Categories (BASICs)

NEW

BASICs as of December 2012

HOS

Compliance

Fatigued

Driving

(HOS)

Unsafe

Driving

Unsafe

Driving

Driver Fitness

Crash

Indicator

Crash

Indicator

Driver Fitness

SMS

SMS

Controlled

Substances/

Alcohol

HM

Compliance

Controlled

Substances/

Alcohol

Cargo-

Related

Vehicle

Maintenance

Vehicle

Maintenance

Federal Motor Carrier Safety Administration


Sms changes under consideration

SMS changes under consideration

  • Comprehensive modifications to roadside violation severity weights per MCSAC

  • Recalibration of the Utilization Factor used to incorporate VMT for the Crash and Unsafe Driving BASICs

  • Adjustment to safety event groupings in all BASICs

  • Other Ideas?

Federal Motor Carrier Safety Administration


Safety fitness determination sfd nprm

Safety Fitness Determination (SFD) NPRM

  • Incorporate on-road safety performance

  • Not require a compliance review for a rating

  • NPRM scheduled for 2013 publication

Federal Motor Carrier Safety Administration


Commercial enforcement program update

Commercial Enforcement Program Update


Overview

Overview

  • Program size

  • Complaints

  • Outreach

  • Broker Rule

  • Partnerships

  • MAP-21 Impacts

  • Other Issues

    • Limited Service Exclusion

    • Technical Amendments

Federal Motor Carrier Safety Administration


Program overview

Program Overview

  • 4300 Active HHG Authorized Carriers

  • FY 2011 HHG Carrier Reviews

    • 566 reviews conducted

    • 82 of the top 100

  • FY 2011 HHG Carrier Enforcement Cases

    • 162 cases completed

    • 42 of the top 100

  • Suspension Authority

Federal Motor Carrier Safety Administration


National consumer complaint database

National Consumer Complaint Database

  • Hostage Loads (613)

  • Loss and Damage

  • Estimates and Charges

  • Shipping Documents

Federal Motor Carrier Safety Administration


October 2012

HHG Outreach

  • Joint Press Release with AMSA and the BBB

  • WWW.ProtectYourMove Web site & Public Service Announcement (PSA)

  • Educate consumers before hiring a moving company

  • Focuses on safety precautions during HHG moves

  • Moving Company Checklist

  • Linked to various social media such as Facebook and Twitter

Federal Motor Carrier Safety Administration


Broker rule

Broker Rule

Five basic elements

  • Requirement to disclose to the individual shippers critical information designed to educate the shipper and facilitate a satisfactory moving experience.

  • Use only HHG brokers and motor carriers that are properly licensed and insured.

  • Brokers must provide an estimate if within a 50 mile radius of the customer.

  • Incorporates new statutory penalties

  • Minimum financial responsibility

Federal Motor Carrier Safety Administration


October 2012

Partnerships

  • State Enforcement Partner

    • Louisiana State Police (LSP)

    • Public Utilities Commission of Ohio (PUCO)

    • Texas DMV

  • States with interest in partnerships

    • Michigan State Police

    • Indiana State Police

    • New Jersey Division of Consumer Affairs

    • South Carolina State Transport Police

Federal Motor Carrier Safety Administration


October 2012

Partnerships

  • HHG Working Group

    • Quarterly Conferences (Industry/State and Federal Enforcement Agencies)

  • Moving Fraud Working Group

    • Enforcement only

Federal Motor Carrier Safety Administration


Map 21 enhancements

MAP-21 Enhancements

  • General regulatory scheme

    • Vetting

    • Brokers must have separate authority effective 10/1/12

    • Proficiency Exam

    • Safety audit in 12 months

    • Review of consumer protection standards within 18 months

    • Authority to order the release of household goods held unlawfully

  • Broker financial responsibility

Federal Motor Carrier Safety Administration


Limited service exclusion

Limited Service Exclusion

  • States that a “household goods motor carrier” excludes carriers that transport household goods in “containers or trailers that are entirely loaded and unloaded by an individual (other than an employee or agent of the motor carrier)”

  • Industry Practices under review

Federal Motor Carrier Safety Administration


October 2012

Rulemaking

  • Technical amendments

    • HHG carrier document retention rule (DFR) - reduces record retention period to 1 year

    • STB Harmonization rule remove inconsistencies resulting from STB’s new released rates order

    • Rights and Responsibilities Booklet revisions

Federal Motor Carrier Safety Administration


Additional topics

Additional Topics


Summary of hos changes

Summary of HOS Changes

  • Effective 2/27/12

    • On-duty time definition & rest breaks

    • “Egregious” Violation Penalties

    • Oilfield Exemption

  • Effective 7/1/13

    • Limitations on the “34-hour restart”

    • Mandatory Rest Break


Map 21 provisions

MAP-21 PROVISIONS

  • Registration of motor carriers (i.e, Unified Registration System (URS))

  • New Entrant program

  • Electronic Logging Devices (i.e., EOBRs)

  • National clearinghouse for drug/alcohol test results of CMV operators


Key points

Key Points:

CSA is a comprehensive program including

a new set of interventions,

the SMS to prioritize carriers

Changes being implemented in December

and a new Safety Determination to be proposed.

The HHG program uses a three pronged approach

Outreach

Partnerships

Compliance and Enforcement

MAP-21 will result in program changes

Federal Motor Carrier Safety Administration


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