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FMCSA proposal for stricter compliance standards
The Federal Motor Carrier Safety Administration (FMCSA) is reviewing submitted comments on the proposed rule to raise compliance standards for new motor carrier entrants.
Currently, new entrants may commit one of the 11 regulatory
violations and still pass the safety audit. Under the
proposed rule, new entrants cannot commit any of the 11
regulatory violations to pass the safety audit. The 11 violations are:
- Failing to implement an alcohol and/or drug testing program
- Using a driver who refused to be tested
- Using a driver who failed the alcohol and/or drug test
- Allowing a driver with suspended CDL to drive
- Allowing a disqualified driver to drive
- Operating a vehicle without the proper insurance
- Using a disqualified driver
- Using a physically unqualified driver
- Failing to require a driver to complete a record of duty status
- Permitting the operation of a commercial motor vehicle declared “out-of-service”
- Using a commercial motor vehicle not periodically inspected
The need for a stricter safety audit became evident after the FMCSA compared safety performance of new entrants to experienced carriers. Their report “Analysis of New Entrant Motor Carrier Safety Performance and Compliance Using SafeStat,”
was released in 2000. The report showed new entrants had higher crash involvement and worse safety compliance and performance for both drivers and vehicles. The results lead FMCSA to ensure new entrants implement proper safety programs before granting permanent registration.
The proposed rule generated both criticism and support. The Owner-Operator Independent Drivers Association (OOIDA) questions the issuance of the proposed rule since the FMCSA’s study used the SafeStat program. Both OOIDA and Advocates for Highway and Auto Safety (Advocates) disagree with the usage of the SafeStat program, revealed to contain data inaccuracies and incomplete information. The American Trucking Associations has concerns about larger carriers passing the safety audit, since the regulatory violations were in singular format. Therefore, any one driver would disqualify a new entrant.
Advocates want the safety audit conducted before providing authorization. However, Advocates and Commercial Vehicle Safety Alliance support the raising of compliance standards for new entrants.
All carriers must implement safety programs in addition to maintaining the proper insurance. Avalon Risk Management, Inc. can provide the coverage you need to protect your business from the everyday exposures of the trucking industry. From building strong relationships with our markets, we can offer comprehensive coverage for your needs. Whether you are an owner/operator, small fleet or large fleet company, Avalon has the right insurance program.
Avalon offers the following truck insurance policies:
- Physical Damage
- Primary Truck Liability
- Non-Trucking Liability
- Motor Truck Cargo
- General Liability
- Intermodal Interchange coverage
For more information, please review our Truck Brochure or complete our
Truck application for a no-obligation quotation.
For further information
regarding truck insurance, please contact your local Avalon
office or Anna Vize, Product Manager at Avalon’s corporate
headquarters. Anna Vize can be reached at her direct line
847-700-8154 or at
avize@avalonrisk.com. To view a directory of Avalon’s office locations, please
visit our Web site at
www.avalonrisk.com.
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