October 2012. Agenda CSA Overview Commercial Enforcement Program Upcoming HOS Changes MAP-21 Federal Motor Carrier Safety Administration 2

Federal Motor Carrier Safety Administration

American Moving & Storage Association 2012 Safety & Operations Conference

October 2012

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AgendaCSA Overview

Commercial Enforcement Program

Upcoming HOS Changes

MAP-21


Compliance, Safety, Accountability

CSA Overview

THE PROCESS: Broader array of interventions Includes warning letters and focused on and off-site investigations to

augment the full investigations

THE SYSTEM: New Safety Measurement System (SMS) Better identifies carriers for Agency interventions

THE RULE: Revisions to Safety Fitness Determination (SFD) Regulations

To incorporate on-road performance into SFD methodology and eliminate the need for a full compliance review


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CSA InterventionsMore ways to get carriers to focus on safety:Warning LettersOffsite InvestigationsTargeted InvestigationsCooperative Safety PlansNotices of ViolationNotices of Claim


The Safety Interventions process addresses the:

WHAT ?Discovering violations anddefining the problem

WHY? Identifying the cause or where the processes broke down

HOW? Determining how to fix it/prevent it by using the Safety Management Cycle (SMC) and Safety Improvement Resources

CSA Intervention Tools


New Safety Measurement System Replaced the SafeStat system as the FMCSA tool to identify

carriers for intervention

Reviews regulatory compliance and identifies unsafe carrier and driver behaviors that lead to crashes

All safety-based roadside violations ~3.5 million inspections per year


UnsafeDriving

Fatigued Driving(HOS)

Driver Fitnes

sControlled

Substances/ AlcoholVehicle

Maintenance

Cargo- Related

CrashIndicator SMS

Carrier census information Analysis of carrier on-road performance and investigation results

based on the most recent 24 months in BASICs Overall BASIC status (status above threshold may prioritize the

carrier for intervention) Flag if carrier is under an FMCSA order prohibiting operations Driver and Vehicle Inspection OOS rates Links to detailed individual inspection results and trend data Links to SAFER and L&I for current safety rating and

authority/insurance status

SMS can be found at: http://ai.fmcsa.dot.gov/SMS

What does SMS provide?


http://safer.fmcsa.dot.gov/

SMS DataCategory Approximate

NumberPercentage of Uploaded Crashes

Carriers listed as active 750K 100%

Carriers with recent activity “pulse” in last three years

525K 100%

Carriers with insufficient data 325K 8%

Carriers with sufficient data to be assessed in at least one BASIC

200K 92%

Carriers with sufficient negative information to have a percentile assigned

92K 83%

Carriers with at least one BASIC above FMCSA intervention threshold

50K 45%


Recent SMS Improvements

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SMS Changes PreviewedStrengthening the Vehicle Maintenance BASIC by incorporating

cargo/load securement violations

Changing the Cargo-Related BASIC to HM BASIC

Better aligning the SMS with Intermodal Equipment Provider (IEP)regulations

Aligning violations included in SMS with CVSA inspection levels

More accurately identifying carriers that transport significant quantities of HM and passengers.


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SMS Changes Announced Modify SMS Web site display to:

Change current terminology of “Insufficient Data’’ and ‘‘Inconclusive’’ to fact-based definitions

Distinguish between crashes with injuries and crashes with fatalities.


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Additional Changes Effective in December

Removal of 1 to 5 MPH Speeding ViolationsLowered Severity Weight for Speeding

Violations That Do Not Designate MPH Range Alignment of Paper and Electronic Logbook

ViolationsName Change of the Fatigued Driving HOS

BASIC to the HOS Compliance BASIC


Suspended License Violations

Driver Fitness BASIC – Suspended License violationsInspectors now collecting more detailed information roadside

Separating Safety-based suspensions from non-safety based suspension

Allows SMS to weigh safety-based suspensions heavier


December 2012 SMS Improvements

Strengthen the Vehicle Maintenance BASIC by incorporating cargo/load securement violations from the Cargo-Related BASIC.

New HM BASIC More accurately ID carriers that transport significant quantities of

HMBetter align SMS with Intermodal Equipment Provider (IEP)

regulations.Align violations included in SMS with CVSA inspection levelsMore accurately ID carriers that should be subject to lower

passenger carrier intervention thresholds Modify SMS public display


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NEW BASICs as of December 2012

UnsafeDriving

Fatigued Driving(HOS)

Driver Fitness

Controlled Substances/

AlcoholVehicleMaintenance

Cargo- Related

CrashIndicator SMS

CURRENTBehavior Analysis and Safety

Improvement Categories (BASICs)

HOS ComplianceUnsafe

Driving

CrashIndicator

HM Compliance

VehicleMaintenance

Controlled Substances/

Alcohol

Driver FitnessSMS

Safety Measurement System


SMS changes under considerationComprehensive modifications to roadside violation severity

weights per MCSACRecalibration of the Utilization Factor used to incorporate

VMT for the Crash and Unsafe Driving BASICsAdjustment to safety event groupings in all BASICsOther Ideas?


Safety Fitness Determination (SFD) NPRM

Incorporate on-road safety performance

Not require a compliance review for a rating

NPRM scheduled for 2013 publication


Commercial Enforcement Program Update

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OverviewProgram sizeComplaintsOutreachBroker RulePartnershipsMAP-21 ImpactsOther Issues

Limited Service ExclusionTechnical Amendments


Program Overview4300 Active HHG Authorized Carriers FY 2011 HHG Carrier Reviews

• 566 reviews conducted• 82 of the top 100

FY 2011 HHG Carrier Enforcement Cases162 cases completed• 42 of the top 100

Suspension Authority


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National Consumer Complaint Database

FY 06 FY 07 FY 08 FY 09 FY 10 FY 11 -

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

3,422 3,435 2,950

2,177 2,158

2,889

Complaints

Types of Complaints


• Hostage Loads (613)• Loss and Damage • Estimates and Charges• Shipping Documents

Joint Press Release with AMSA and the BBB WWW.ProtectYourMove Web site & Public Service

Announcement (PSA)• Educate consumers before hiring a moving company• Focuses on safety precautions during HHG moves• Moving Company Checklist• Linked to various social media such as Facebook and

Twitter

HHG Outreach


Broker RuleFive basic elements 1. Requirement to disclose to the individual shippers critical

information designed to educate the shipper and facilitate a satisfactory moving experience.

2. Use only HHG brokers and motor carriers that are properly licensed and insured.

3. Brokers must provide an estimate if within a 50 mile radius of the customer.

4. Incorporates new statutory penalties5. Minimum financial responsibility


State Enforcement Partner• Louisiana State Police (LSP)• Public Utilities Commission of Ohio (PUCO)• Texas DMV

States with interest in partnerships• Michigan State Police• Indiana State Police• New Jersey Division of Consumer Affairs• South Carolina State Transport Police

Partnerships


HHG Working Group • Quarterly Conferences (Industry/State and Federal

Enforcement Agencies)

Moving Fraud Working Group• Enforcement only

Partnerships


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MAP-21 EnhancementsGeneral regulatory scheme

VettingBrokers must have separate authority effective 10/1/12Proficiency ExamSafety audit in 12 monthsReview of consumer protection standards within 18 monthsAuthority to order the release of household goods held

unlawfully

Broker financial responsibility


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Limited Service ExclusionStates that a “household goods motor carrier”

excludes carriers that transport household goods in “containers or trailers that are entirely loaded and unloaded by an individual (other than an employee or agent of the motor carrier)”

Industry Practices under review


Rulemaking Technical amendments

• HHG carrier document retention rule (DFR) - reduces record retention period to 1 year

• STB Harmonization rule remove inconsistencies resulting from STB’s new released rates order

• Rights and Responsibilities Booklet revisions


Additional Topics

Summary of HOS Changes Effective 2/27/12

On-duty time definition & rest breaks

“Egregious” Violation Penalties

Oilfield Exemption

Effective 7/1/13Limitations on the “34-hour restart”

Mandatory Rest Break

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MAP-21 PROVISIONSRegistration of motor carriers (i.e, Unified

Registration System (URS))

New Entrant program

Electronic Logging Devices (i.e., EOBRs)

National clearinghouse for drug/alcohol test results of CMV operators

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Key Points:CSA is a comprehensive program including

a new set of interventions, the SMS to prioritize carriers

Changes being implemented in December and a new Safety Determination to be proposed.

The HHG program uses a three pronged approach Outreach Partnerships Compliance and Enforcement

MAP-21 will result in program changes
