FMCSA CAVES TO TRUCKING INDUSTRY - STATES BOTTOM 1% FOR SAFETY NO LONGER DEFICIENT

The FMCSA CSA 2010 program has dropped the "deficient" category from SafeStat that found trucking companies, in the bottom 25% for driver, vehicle, or company safety, to be "deficient." The new CSA 2010 rating, announced November 18, 2010 without fanfare, will only be an "alert."  Specifically the old SafeStat system states: 

"To obtain a SafeStat score, a carrier must be deficient in at least two SEAs [Safety Evaluation Area].  A SEA with a value from 75 to 100 is defined as deficient.  This range approximates the worst 25% of the carriers assessed within a particular SEA."

SafeStat is being replaced with CSA 2010 next month. The government has stated the purpose of the new system, which includes the BASIC categories, is to identify the safety violations most responsible for a crash. Thus the new system, according to the government algorithms, more closely tracks those carriers that are likely to have a crash. Instead of calling these carriers unsafe, or using the old SafeStat term "deficient." the FMCSA caved to the trucking industry and stated: 

CSA 2010 will "[c]hange the term “Deficient” to “Alert” when a motor carrier’s score in one or more BASICs is above the FMCSA threshold for intervention." "Feedback during the Data Preview indicate that the display of SMS results needs to clarify that BASIC percentiles above the FMCSA threshold signify the carrier is prioritized for an FMCSA intervention and do not signify or otherwise imply a “safety rating” or safety fitness determination. "

If the new CSA 2010 system works, and better identifies those companies most likely to kill and maim members of the public, the FMCSA should quit mincing words and call those companies what they are, unsafe and dangerous.

Unfortunately the DOT and FMCSA caved to industry and therefore you won't hear those terms, not even for the bottom .00001% of unsafe trucking companies. Not even for those companies, involved in the 4,800 annual fatal collisions, whose failed safety policies caused the collision. The FMCSA should be ashamed of itself.

 

Almost 2,000 Trucking Companies Have Unsatisfactory Carrier Safety Ratings

The FMCSA statistics were compiled Nov 2010 by Carrier411.com:

Carriers with deficient Driver Safety (DRSEA) scores:

 

17,880

Carriers with deficient Vehicle Safety (VHSEA) scores: 19,054
Carriers with deficient Safety Management (SMSEA) scores: 6,421
Carriers with unsatisfactory carrier safety ratings: 1,717
Carriers with conditional carrier safety ratings: 14,614
Carriers with satisfactory carrier safety ratings: 64,222
Active carriers operating with no liability insurance: 1,060
Active carriers operating with insufficient cargo insurance: 3,333
Active carriers operating with insufficient liability insurance: 1,089
Motor carriers with active authority: 181,368
Motor carriers with inactive authority: 305,757
Motor carriers pending revocation of authority: 8,688
Motor carriers pending new authority: 8,470

EOBR's MANDATED BY FMCSA FOR FLEET VIOLATING HOS REGULATIONS

FMCSA ordered JBS Carriers Inc., of Greeley, Colo., to install Electric On Board Recorders (EOBR's) after the agency’s western service center found the company “in serious violation of federal HOS rules and commercial driver’s license requirements,” FMCSA said in a statement. The ruling applies to all 700 trucks in the JBS fleet.

The order announced November 4, 2010, is believed to be the first of its kind. If JBS fails to comply, it is subject to $81,780 in fines.

Morgan Adams Published Nationally on Trucking Accident Litigation

I am happy to announce that my book chapter "Trucking Accident Litigation" has been published by West Publishing, the nations largest and most respected legal publisher. The chapter is published in the multi-volume set Handling Motor Vehicle Accident Cases, 2d.

West allows one author per topic and I was chosen to write the chapter on commercial truck and bus litigation.

Interested in hiring a truck accident lawyer? While there are thousands of lawyers advertising for truck and bus accident victims, consider how much of that lawyer's practice is actually devoted to handling commercial motor vehicle accident cases before hiring them. For more information on this subject I previously posted on how to hire a great truck and bus accident lawyer here, here, here, and here.  

A picture of the four volume treatise, with CD, is below, and you can order a copy here.Handling Motor Vehicle Accident Cases, 2d