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This presentation provides an overview of the Comprehensive Safety Analysis (CSA) 2010 update, focusing on the importance of being concerned and involved in safety management. It covers the basics of unsafe driving, fatigued driving, driver fitness, controlled substances and alcohol, vehicle maintenance, and improper loading. The presentation also discusses interventions, including warning letters, targeted roadside inspections, off-site and on-site investigations, and cooperative safety plans. The thresholds for triggering interventions and the potential impact on safety fitness determinations are explored. The presentation concludes by emphasizing the need to better understand the current rules and the importance of being active in the CSA 2010 process to avoid potential legal consequences.
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Comprehensive Safety Analysis 2010UpdateArkansas Trucking Association Safety Management Council Don Holman, Tyson Foods, Inc. Corporate Director of Transportation Safety January 10, 2008
Presentation Overview Slides • National Turkey Federation & National Chicken Council 11/1/06 • CVSA Presentation, 9/18/07 • Slides and overview of presentations • Why should we be concerned and involved? • Shuffle the deck, but pass out the same cards • BASICS (double weight/due process?) • What we don’t know might hurt us (intervention) • Bring on the lawyers • Questions, and possible answers
7 Basics Shuffle the deck, but pass out the same cards (Is there a joker in this deck?) • Unsafe driving (stand alone – double weight) Part 392 • Fatigued driving (stand alone – double weight) Part 395 • Driver Fitness, Part 391 • Controlled substances and alcohol, Parts 382 & 40 • Vehicle maintenance, Part 396 • Improper loading, cargo securement, hazmat operations, Part 392 • Crashes (frequency/severity) State reported crashes
Interventions • Warning letter • Targeted roadside inspections (ISS-D in SafeStat) • Off-site Investigation (BIGGEST CONCERN) Triggered by deficient or worsening BASIC, fatal crash or complaint • Focused On-Site Investigation • Comprehensive On-Site Investigation • Cooperative safety plan
Intervention ThresholdsWhere is the line? • FMCSA would establish thresholds for each BASIC to trigger the intervention process and play a role in adverse safety fitness determinations?????? • Off-site investigations (Would involve requests from carrier and third-parties and would be triggered by persistent safety problems, or those severe enough to warrant investigation) Stand Alone - Double weight (If you were an Enforcement Agency, where would you focus?) • Unsafe driving – operation of a CMV in a dangerous or careless manner (speeding, reckless driving, improper lane change, inattention.) • Fatigued driving – non-compliance with HOS regulations (This BASIC is not intended to suggest that the Agency has determined that the driver was actually fatigued)
Intervention(In the Agency’s own words) • Designed to be progressive • Threshold, one or more basics (unsafe/fatigued driving) • Important to note that FMCSA and state partners would not necessarily follow this sequence for each carrier • Instead, factors such as carrier history, level of safety performance, motor carrier characteristics, and INVESTIGATIVE DISCRETION • Important to note that FMCSA is a Federal Enforcement Agency, and ultimately it is the carriers and drivers responsibility to comply with all applicable safety regulations • Require areas of essential motor carrier safety management to be subject to sampling of motor carrier records • THESE DATA COULD IMPACT A CARRIER’S SAFETY FITNESS DETERMINATION
Intervention Continued Bring on the lawyers • Notice of violation • Notice of claim • Settlement agreement • Unfit suspension
Conclusion • Better understand current rules (SafeStat, Safer, CR) • Need to understand and be active in CSA 2010 process • What you don’t know, can hurt you (Investigative discretion)
