FMCSA Update: Programmatic and

Regulatory Activities

Dee Williams

Chief, Compliance Division

October 9, 2015

Federal Motor Carrier Safety Administration (FMCSA)

Agenda

• Compliance, Safety, Accountability (CSA) Core Components

1. The Safety Measurement System (SMS)

2. The Safety Interventions Process

3. The Safety Fitness Determination (SFD)

Proposed SMS Enhancements

• DataQs

• Electronic Recording of Drivers’ Hours of Service

• 34 Hour Restart Study

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Compliance, Safety, Accountability

(CSA)

• CSA did not create any new regulatory requirements

• Safety Investigators use drivers’ roadside inspection and crash data when investigating a carrier

• The SMS does not assign safety ratings, “scores,” or points to drivers

• The Federal or State governments do not issue a “CSA score” or “CSA driver scorecard”– Some carriers and third-party companies combine Pre-Employment

Screening Program (PSP) records and other driver information and call it a “CSA score” or “CSA driver scorecard”

CSA: What You Should Know

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1. Safety Measurement System (SMS)– FMCSA’s workload prioritization tool that identifies carriers for interventions in

seven Behavior Analysis and Safety Improvement Categories (BASICs)

2. Safety Interventions Process– Wide array of interventions (e.g., warning letters, investigations) and tools to help

FMCSA work with carriers to bring them into compliance with safety rules and

regulations

– Safety Management Cycle

3. Safety Fitness Determination (SFD)

– To assess safety performance of larger segment of industry, keeping more

unsafe carriers off the road (under rulemaking process)

CSA’s Three Core Components

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1. Safety Measurement System (SMS)

• Provides enforcement personnel, motor carriers, and other

safety stakeholders with comprehensive, informative, and

regularly updated safety performance and compliance data.

– Quantifies on-road safety performance and considers prior

investigation findings to prioritize enforcement resources

– Helps determine the safety problems a motor carrier is

exhibiting

– Monitors motor carrier’s safety problems for improvement or

interventions

Warning Letter– Alerts to safety issues and consequences – Chance to improve

Investigation − Offsite

− Onsite Focused

− Onsite Comprehensive

Follow-on Corrective Action− Cooperative Safety Plan

− Notice of Violation (NOV)

− Notice of Claim (NOC)

− Out-of-Service Order (OOSO)

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2. Safety Interventions Process

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Current Process (49 CFR Part 385): • Ratings issued based on investigation findings, do not account for

roadside inspection data

• A rating may only result from an Onsite Investigation

• Drivers are not rated, and they do not have a SFD

Rulemaking Proposal (planned for 2015):

1. A carrier's on-road safety performance - 5 of 7 BASICs;

2. An investigation; or

3. A combination of on-road safety data and investigation information.

Note: Difference between SMS and SFD - Rating is based on a

carrier’s individual performance.

Intended effect is to more effectively use FMCSA data and resources to identify

unfit motor carriers and remove them from the Nation's roadways.

3. Safety Fitness Determination (SFD)

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Proposed SMS Enhancements

• SMS is continually improved based on:

– Availability of new data and additional analyses

– Feedback from enforcement, industry, and other stakeholders

• FMCSA prioritizes and packages changes as needed

• FMCSA applies a systematic approach to implementing

improvements

– Includes announcing the proposed changes in a Federal

Register Notice and providing a preview and comment period

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Why an SMS Preview?

• Gives stakeholders an opportunity to view and comment

on the proposed enhancements, verify data, and

educate all stakeholders BEFORE the enhancements

are implemented and become publicly available

• Enables FMCSA to make final refinements to the

package of enhancements BEFORE public release

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SMS Methodology Enhancement Objectives

1. Make SMS more effective at prioritizing carriers that pose the

greatest safety risk for interventions• Increase Utilization Factor to account for higher exposure

• Simplify data sufficiency standards to only assign BASIC percentiles from

inspections with a violation in the last year

• Segment HM Compliance BASIC

2. Improve FMCSA’s focus on carriers with high crash rates and

serious safety problems• Adjust Intervention Thresholds for Vehicle Maintenance, Controlled

Substances/Alcohol, Driver Fitness, and HM Compliance BASICs

• Move operating while OOS violations to the Unsafe Driving BASIC

3. Improve the consistency of data in FMCSA systems• Align vehicle miles traveled update requirements with the Unified

Registration System (URS)

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What should you do during the preview of the

proposed SMS methodology enhancements?

During the SMS Preview, motor carriers and the public should:

1. Submit comments on the proposed SMS enhancements via the

Federal Docket Website at: https://www.federalregister.gov

2. Try out the “Tour This Change” feature, which provides detailed

information on each of the proposed enhancements

3. Visit the Help Center to download preview resources, browse FAQs,

and learn how to get started on the preview site

4. Contact our CSA InfoLine Team at 1-877-254-5365 or online at

http://csa.fmcsa.dot.gov/CSA_Feedback.aspx

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Building A Nationwide Commitment to Safety

• Get Road Smart About CSA– Visit http://csa.fmcsa.dot.gov/getroadsmart/ to:

• Learn more about CSA and find ways to improve safety performance

• Check company safety records

• Order driver records

• Ensure Compliance and Check and Update Records– Monitor and review all inspection and crash data, and address

safety problems at http://ai.fmcsa.dot.gov/SMS/Default.aspx

– Question potentially incorrect data

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

– Update your MCS-150 form and VMT data

– Sign up for important updates via the CSA Website at:

http://csa.fmcsa.dot.gov/subscription.aspx

DataQs

• Allows carriers/drivers to file a Request for Data Review (RDR) to identify concerns about data in FMCSA’s data systems that may be incomplete or incorrect

• Forwards your RDR to the appropriate State office for resolution

• Gives you updates on the status of your RDR, from submission through resolution

• RDRs can only be submitted for violations that were erroneously

reported or incorrectly documented during the inspection• Adjudicated Citations

DataQs: Improving Your Safety Data

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• When filing an RDR, remember to: – Write a specific and detailed explanation

– Attach relevant supporting document(s): Example: include a lease agreement if you are an owner-operator with a valid

lease agreement with another company

− Ensure your contact information is accurate

− Check the status of your RDR frequently (additional information may

be requested)

− Consult the DataQs guide for additional tips: https://dataqs.fmcsa.dot.gov/Data/Guide/DataQs_Users_Guide_and_Best_Practices_Manual.pdf

DataQs: Improving Your Safety Data

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Electronic Recording of Drivers’

Hours of Service

49 CFR 395.15: Automatic On Board Recording

Devices (AOBRD)

• Every driver required by a motor carrier to use an

AOBRD must use the device properly

• Drivers must be adequately trained in the proper

operation of the device

• The carrier must maintain a back-up copy of the eHOS

• Paper logs must be used if equipment is not working

Current Regulation: AOBRD

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• A valid recorder:

– Displays daily driving and duty hours and miles

– Displays duty hours for 7 consecutive days plus the

current day, the prior 8 consecutive day period

– Records each driver’s duty status separately when

there are multiple drivers

– Is maintained and recalibrated according to

manufacturer’s specifications

395.15 Selected Requirements

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• Support systems for AOBRDs must be capable of

providing summaries for:

– Individual driver’s records of duty status

– On-board system failures

– Identification of edited data

395.15 Information Requirements

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1. Prescribes minimum technical standards for ELDs

2. Subject to a limited exception, requires drivers who need to keep

RODS to use ELDs

3. Establishes explicit requirements for HOS supporting documents

4. Protects drivers from harassment

Establishes a complaint process for drivers, due process for

carriers, and specifies civil penalties

5. Helps businesses cut paperwork and save money and assists

law enforcement and safety inspectors with reviewing HOS

records.

Electronic Logging Devices (ELD) Rule

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• AOBRs, ELDs, and electronic logs are all different

• Ensure drivers are well versed in requirements for the

type of device they use

ELDs – What You Should Know

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34 Hour Restart Study

• The Consolidated and Further Continuing Appropriations Act

2015:

– Suspended enforcement of certain aspects of the final rule for

utilizing the 34-hour restart period

– Effective until September 30, 2015 or until research can be

completed

– Congress directed Agency to conduct a driver CMV restart

study

34 Hour Restart: Why the Change?

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• Temporarily suspends enforcement of the two restrictions on

the use of the 34-hour rule:

– Could only be used once per week (every 168 hours)

– Had to include two periods from

1:00 a.m.–5:00 a.m. home terminal time

34 Hour Restart Enforcement Suspension

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• A restart is not required

• Primary benefit to those drivers operating at the

maximum weekly limits

• No change to 60/70 hour rule or 30 minute break.

34 Hour Restart: What You Should Know

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• Data analysis has commenced

• FMCSA is working toward completing the final report by the

end of the year

• No preliminary study findings, but pleased with the high

volume of data collected from participating drivers

• Data will help inform future activities by FMCSA as well as

the current study

Restart Study: Data Collection Concluded

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• Included 220 participating drivers from a wide variety of

fleet sizes and operations contributing data as they drove

their normal, revenue-producing routes, including:

– More than 3,000 driver duty cycles, as captured by

electronic logging devices

– More than 75,000 driver alertness tests; and

– More than 22,000 days of driver sleep data

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Restart Study: Data Collection

• Data will be used to:

– Assess operator fatigue, alertness levels, and the safety

performance of drivers whose work schedules involve

one-night restarts compared to two-nights off duty

required by the 2011 revisions to the restart rule.

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Restart Study: Objective

Enforcement of the HOS restart provisions remain

suspended as required by Congress until the Secretary of

Transportation submits the CMV Driver Restart Study final

report to Congress.

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34 Hour Restart Enforcement Suspension

FMCSA Update: Programmatic and

Regulatory Activities

Dee Williams

dee.williams@dot.gov

Federal Motor Carrier Safety Administration (FMCSA)