The Federal Motor Carrier Safety Administration (FMCSA) is responsible for regulating the current status of safety of commercial motor vehicles (CMVs) and their driver behavior on the road. As part of their mission and legal basis to improve road safety, the FMCSA has implemented various rules and regulations, including the corrective actions, service rate and terms of Safety Fitness procedures and rulemaking process.

This process is designed to evaluate the benefits for motor carriers and safety performance of the fitness of motor carriers and determine their fitness to operate on the road. In recent years, the FMCSA has faced unsafe driving violations, unfit determination and pressure to update and improve this rulemaking process, particularly in light of recent studies that have raised concerns about the effectiveness of the current system.

These studies have highlighted gaps and inconsistencies in the operational controls and the FMCSA's safety fitness reviews and determination, leading to calls for reform.

In this article, we will delve into the details of the FMCSA's safety fitness rulemaking process and explore the findings of recent studies to gain a better understanding of the current state of commercial motor vehicle safety and the potential for improvement.

A Warning to Federal Regulators

A coalition of trade associations has issued a warning to federal regulators, expressing concerns about the inclusion of outdated and irrelevant data in the development of a new rule pertaining to trucking company viability.

In a joint submission to the Federal Motor Carrier Safety Administration (FMCSA), the 11 associations, which represent various stakeholders within the trucking industry, argue that six technology-related studies recently added to the Safety Fitness Determination (SFD) advance notice of proposed rulemaking (ANPRM) are perplexing in the context of formulating new safety regulations for carriers.

According to the group's comments filed with the FMCSA, the majority of the cited documents are outdated and lack direct relevance to the new SFD or the federal agency's previous notice regarding a potential overhaul of its absolute measure or the Safety Measurement System (SMS). The trade associations do not oppose the FMCSA's consideration of technology to enhance carrier safety and reduce highway fatalities.

However, they raise valid questions about the feasibility of developing sufficient quantities of unproven artificial intelligence (AI) to establish an effective SFD.

The Vast Majority

The challenge of implementing a new data system and gathering sufficient data for statistical relevance among the vast majority of small, regulated carriers with less than five trucks remains unresolved. Finding a straightforward and affordable solution to this problem is proving to be quite difficult.

Last year, the FMCSA sought input from the trucking industry through an ANPRM, posing the question of whether carriers and owner-operators who adopt and utilize safety technologies, such as crash risk avoidance systems, should receive more favorable safety conditional safety ratings and satisfactory rating. This would serve as a determining individual factor for these carriers and commercial drivers.

The Owner-Operator Independent Drivers Association (OOIDA) has expressed opposition to this approach, arguing that smaller carriers would be disadvantaged while only larger carriers and those with financial means to invest in new technologies would reap the benefits.

OOIDA stated in their public comments submitted on Monday, "If these unfit motor carriers are granted improved safety single ratings, conditional rating and satisfactory rating based solely on the adoption of safety technologies, then smaller carriers would likely see their safety ratings downgraded without any actual change in their safety performance. It is crucial that commercial truck driver training, experience, and safety performance continue to be valued above and beyond the mere installation of safety technologies."

Raised Concerns

OOIDA, along with the 11 associations who filed jointly, raised concerns regarding the studies included in the docket by FMCSA. These studies, which the agency may depend on for a formal proposed rule, were criticized by OOIDA for their lack of demographic information, limited sample size, and outdated nature.

According to OOIDA, these studies suffer from various flaws that restrict the validity of their findings. Therefore, OOIDA firmly asserts that these reports should not serve as a foundation for integrating the adoption and utilization of safety technologies into the SFD methodology.

There exists a substantial following for the adoption of technological methods.

However, there are safety organizations that disagree with the stance taken by the Owner-Operator Independent Drivers Association (OOIDA) regarding the integration of technology into potential new regulations for determining carrier safety. Despite this disagreement, these safety groups do not oppose the Federal Motor Carrier Safety Administration (FMCSA) considering the studies that have been added to the docket.

The Institute for Safer Trucking, Road Safe America, and the Safe Operating Speed Alliance have expressed their appreciation for the FMCSA's proactive approach in adding the research to the docket and considering safety technology in the Safety Fitness Determination Process.

According to these groups, when carriers invest in active and preventative safety technologies like intelligent speed assistance and automatic emergency braking, it demonstrates their dedication to preventing harm and operating in a safe manner. They believe that encouraging the adoption of such proven technologies, even if they are not yet required, through SFD recognition would help to expedite their widespread implementation and enhance road safety.

The Trucking Alliance, a coalition that includes large trucking companies, known for their commitment to driver safety and security, also fully supports the incorporation of crash-avoidance technology in determining carrier safety scores.

Can Contribute to the Development

They emphasized their support for studying all compliance review and peer-reviewed research related to truck safety, as they believe this process can contribute to the development of a Safety Fitness Determination Regulations that effectively addresses the industry's need for safety management.

In summary, while there are safety groups that disagree with OOIDA's position on incorporating technology into carrier safety regulations, they do not oppose FMCSA considering the studies added to the docket.

These groups, such as the Institute for Safer Trucking, Road Safe America, the Safe Operating Speed Alliance, and the Trucking Alliance, all advocate for the integration of proven safety technologies and research to enhance road safety and improve the driver fatigue management and the aspect of safety management within the trucking industry.

In Conclusion

It is clear that the FMCSA's safety standards fitness rulemaking process is complex and constantly evolving. With the recent studies and inspection-based data analysis, the agency is continuously working towards improving safety posture and safety outcomes within the trucking industry. As carriers and service of drivers navigate through the changes, it is important for them to stay informed and compliant with the regulations.

By understanding the process and staying up-to-date on any developments, we can all work towards creating a safer and more efficient transportation system for everyone.

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