CVEO 3 Larry Pasco Spokane Washington State Patrol Commercial Vehicle Division

1. CVEO 3 Larry Pasco Spokane Washington State Patrol Commercial Vehicle Division District Supervisor

2. WHY?CMV Fatalities in Washington2007 (60)2008 (54)2009 (30)2010 (24) 2011(3 YTD May)

3. Commercial Vehicle Safety AllianceInternational not for profit organizationCompromised of law enforcement and industryGoal is uniformity and reciprocity

4. CVSA Roadside Inspections Level 1 Full Inspection Level 2 Walk around Level 3 Paperwork/driver only

5. Compliance, Safety, Accountability (CSA) A New Way To Measure and Address Commercial Motor Vehicle Safety

6. Does CSA 2010 change the way we conduct our enforcement? • No. • It will be business as usual. No laws have changed, just the way safety scores are calculated. • Knowledge of how CSA 2010 works will help you answer questions, head off rumors, and handle complaints.

7. What Changed? • The way FMCSA measures carrier safety • Identifies unsafe carrier and driver behaviors that lead to crashes • Uses all safety-based roadside inspection violations • How FMCSA addresses carrier safety issues • Reaches more carriers earlier and more frequently • Improves efficiency of investigations • Focuses on specific unsafe behaviors • Identifies root causes • Defines and requires corrective actions

8. Methodology Overview • Gather 24 months of on-road safety event data (i.e., inspections, crashes) to create a safety event history • Place each carrier violation and/or crash into a BASIC • Convert BASIC data into quantifiable measure/rate • Develop a percentile rank for each BASIC based on each carrier BASIC measure

9. BASICs BASICs focus on behaviors linked to crash risk • Unsafe Driving (Parts 392 & 397) • Fatigued Driving (Hours-of-Service); Parts 392 & 395) • Driver Fitness (Parts 383 & 391) • Controlled Substances/Alcohol (Parts 382 & 392) • Vehicle Maintenance (Parts 393 & 396) • Cargo-Related (Parts 392, 393, 397 & HM) • Crash Indicator

10. The Operational Model

11. New Agency Plans for Drivers • The new measurement system provides an internal tool to address CMV drivers called the Driver Safety Measurement System (DSMS): • Provides enhanced information on individual drivers to investigators to identify drivers with safety problems • Allows for prioritizing driver sampling during carrier investigation • Supports investigator follow up on significant violations (Red Flag Violations) • Under CSA, individual drivers will not be assigned safety ratings or safety fitness determinations

12. Carrier Measurement: SMS Results

13. Violation Details Provided in SMS

14. Further Drilldown in SMS

15. Further Drilldown in SMS

16. Further Drilldown in SMS

17. Further Drilldown in SMS

18. How does a carrier improve and get out of the intervention process? • “Good” Inspections • “Get Well” Rules • Unsafe Driving and Controlled Substances/Alcohol BASICs • No percentile assigned if no inspections with a violation in these BASICs in the last year • Crash Indicator • No percentile assigned if no crashes in last year • Fatigued Driving (HOS), Driver Fitness, Vehicle Maintenance and Cargo-Related BASICs • No percentile assigned if: • No inspections with a violation in that BASIC within the past year; and • Most recent relevant inspection does not have a violation of that BASIC

19. Carrier Access to Measures and Percentiles • Carriers have access to full SMS results and BASIC measurements • Public has access to SMS results and BASIC measurements except for percentile scores for the Crash Indicator and Cargo-Related BASIC • Cargo-Related violations are available to the public • Decision regarding what to display was based on feedback through out the field test and data preview • List of Crashes are available to the public • Similar to the Accident SEA in SafeStat

20. New Agency Plans for Drivers (cont’d) • Pre-employment Screening Program (PSP) • PSP was mandated by Congress and is not a part of CSA • “Driver Profiles” from FMCSA’s Driver Information Resource (DIR) are available to carriers through PSP • Driver Profiles will only be released with driver authorization • PSP is currently available, access and additional information can be found at www.psp.fmcsa.dot.gov

21. FMCSA Data Quality • Quality data is key to CSA 2010 • Current data is useful and meaningful; improvements can always be made • DataQs provides the public (including carriers and drivers) the opportunity to challenge the accuracy of federal and state reported data U.S. Department of Transportation Federal Motor Carrier Safety Administration

22. What is a DataQ? • The DataQs system is an electronic means for Carriers to file concerns about Federal and State data • Through this system, data concerns are automatically forwarded to the appropriate office for resolution (In Washington, CVD HQ) • The system also allows carriers to monitor the status of each filing. • The DataQs program (https://dataqs.fmcsa.dot.gov) U.S. Department of Transportation Federal Motor Carrier Safety Administration

23. Challenging Data= DataQ • Improper Challenges: • Driver fired, please remove all these violations • Crash not our fault, please remove • Driver caused the violation, please remove • Violation was committed by an owner operator or other carrier that was leased to our operation when the violation occurred, please remove • Company with a valid lease agreement to an owner operator challenges that the violation should be assigned to the owner operator

24. Challenging Data= DataQ • Proper Challenges: • Driver not in violation • Vehicle not in violation • Believe the officer has incorrectly applied the regulation to your operation • The officer did not allow for an exemption • Error in documentation from another government/state agency

25. Challenging Data= DataQ With respect to crash and roadside inspection data, the MCMIS documents the occurrence and results of these events as reported by the States. Any challenges to data provided by State agencies must be resolved by the appropriate State agency. Once a State office makes a determination on the validity of a challenge, FMCSA considers that decision as the final resolution of the challenge. FMCSA cannot change State records without State consent.

26. CSA Rollout Schedule April 12 – November 30, 2010 • Motor carriers were able to preview roadside inspections/violations and crash events by BASIC. Summer 2010 • June 30th– The Operational Model Test (Op-Model Test) ended. • July –July – The Test States partially applying the CSA 2010 Operational Model fully switched to CSA. • August • The SMS Methodology wasmodified to increase its effectiveness. • Motor carriers were able to see an assessment of their violations based on the new SMS. December 2010 • The SMS replaced SafeStat and made available to the public. • FMCSA/States began to prioritize enforcement using the SMS. • Roadside Inspectors began to use the SMS results to identify carriers for inspection. • Transitional elements were introduced to enhance the effectiveness of the phased rollout. 2011 • In February, FMCSA began issuing warning letters to carriers with BASICs over the interventions threshold • Safety Fitness Determination Notice of Proposed Rulemaking is scheduled to be released. • Enforcement staff will be trained on the CSA enhanced investigation approach; later, new interventions will be implemented state-by-state.

27. CVD Headquarters at 360-596-3800 • questions@wsp.wa.gov • CVEO 3 Larry Pasco at • (509) 227-6561 • Larry.Pasco@wsp.wa.gov