Life On The Road

Feds tighten safety standards

The Federal Motor Carrier Safety Administration (FMCSA) recently announced a new rule to place stricter safety requirements on all newly registered trucking and bus companies. According to FMCSA, the final rule “raises the compliance standards for passing new entrant safety audits, while ensuring that safety deficiencies are corrected” before a new motor carrier is granted permanent registration with the agency.
     “These more stringent safety requirements are meant to help new carriers succeed at establishing and maintaining a comprehensive safety management program,” says FMCSA administrator John H. Hill. “Imposing these tougher standards will ensure that new entrants are fully aware and compliant with federal safety regulations aiding in the continued reduction of highway crashes and fatalities on our nation’s highways.”
     The final rule issued by the FMCSA establishes that a newly registered trucking or bus company will automatically fail its safety audit if it violates any one of 16 essential federal regulations (see box) during the 18-month safety-monitoring period. These essential regulations cover controlled substances and alcohol testing, hours-of-service, driver qualifications, vehicle condition and carrier financial responsibility.
     If a company fails its new entrant safety audit, it may result in revocation of a carrier’s registration with the agency, unless the carrier takes necessary corrective action within a specified time period established by FMCSA.
     The rule would also require that if during the 18-month safety monitoring period, certain violations are discovered during roadside inspections, the new entrant may be subjected to a new entrant expedited safety audit or in the case of serious safety violations, a more comprehensive compliance review, which can result in fines and penalties. The carrier may also be required to submit a written corrective action plan explaining in detail how the carrier will achieve compliance with the safety rules and improve its safety performance.

Sixteen ways to get in trouble
     1-2. Failing to implement an alcohol and/or controlled substances testing program, as well as a random testing program.
     3. Using a driver known to have an alcohol content of 0.04 or greater to perform a safety-sensitive function.
     4. Using a driver who has refused to submit to a required alcohol or controlled substances test.
     5. Using a driver known to have tested positive for a controlled substance.
     6-9. Knowingly allowing a driver to drive a commercial motor vehicle who: does not possess a valid CDL, has a CDL that is suspended, revoked or canceled, or is otherwise disqualified.
     10-11. Operating a motor vehicle or a passenger- carrying vehicle without having the required minimum levels of financial responsibility coverage.
     12. Knowingly using a physically unqualified driver.
     13. Failing to require a driver to make a record of duty status.
     14. Requiring or permitting the operation of a commercial motor vehicle declared ‘‘out-of-service’’ before repairs are made.
     15. Failing to correct out-of-service defects in a driver vehicle inspection report before the vehicle is operated again.     
     16. Using a commercial motor vehicle not periodically inspected.