Showing posts with label FMCSA. Show all posts
Showing posts with label FMCSA. Show all posts

Fair And Equal Protection

With all the technology, all the media, all the knowledge, and all the challenges it is easy for us to lose sight of the big picture as an industry. As an industry we will never be divorced from regulation.

That is understandable.

CSA error
Human error, and the need to uphold safe roads, forces regulation on us. The regulation still has to come under the umbrella of democratic principals. All regulatory agencies have to be fair in how rules and regulations are applied. This is a non negotiable point. On a national level it is known as equal justice under the law.

This in mind, why is their such a fairness gap in the CSA results. After almost three years it has been repeatedly documented that:
  • The CSA doesn’t have ANY data on a majority of carriers.
  • The FMCSA recommends the use of carriers who have been inspected, penalizing the vast majority of carriers who have not.
  • Due to their fleet size, larger carriers have lots of inspections to balance out the impact of a bad CSA score.
  • Many of the large fleets have electronic equipment that allow them to bypass many weigh in stations.
  • The FMCSA actually assigns a random high CSA score to carriers without inspection records which assures they WILL get inspected. So if this first inspection is bad, they will immediately feel the impact from companies that see them as too risky because of one inspection.
In fact, if you look at how how it is setup, it appears that the system is overwhelmingly designed to benefit large carriers. This in itself is unacceptable. Government regulations should be there to protect the people, not regulate small business people into bankruptcy.


A few thoughts...


I think that CSA scores should not even be published if a certain number of inspections have not taken place for small carriers. The only exception should be if a pattern of two or more serious violations is discovered where public safety is at risk.

Also, the FMCSA should not make recommendations to use or not use a carrier. If a carrier has not been inspected, the records should just say " no inspection recorded yet."

But most of all, you cannot let a system continue which is running trucking companies out of business due to unfair standards. Until the kinks of this system are worked out, we should preserve the drivers and truckers we still have to avoid deepening the effects of the driver shortage.


Your thoughts..?



OOIDA Sues FMCSA over Pre-Employment Screening Program - Truckinginfo.com

OOIDA Sues FMCSA over Pre-Employment Screening Program - Truckinginfo.com
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 I have to say that even with all the negatives and fear surrounding the CSA regulations therehave been some dangerous carriers taken off the road, which of course makes it a lot safer for the fleets of carhaulers going down the road

There are also things that make me nervous. The links attached to this post is a report by truckinginfo.com of the huge deficiencies of employment screenings of truckers and carhaulers as mandated by the FMCSA. 

According to the article:

  • Carhauler or Traditional Trucker drivers can be convicted even before they get a fair hearing which is a no-no in a democracy like ours
  • Much of the information used in these convictions is not accurate
  • Requests to make changes to the information have not been made,even when drivers were acquitted of auto-convictable (this is a term I made up and never want to have a reason to use again) offenses

Due to these types of violations, I would imagine the huge court battles that have arisen in our industry will continue and grow bigger as drivers fight to reclaim their rights.
 

 OOIDA Sues FMCSA over Pre-Employment Screening Program - Truckinginfo.com


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The DOT has bitten off more than it can chew...

Concerning Mexican Trucking in the United States I saw an article that the Department of Transportation is having logistical concerns about the program. Here is a quote from the DOT that was in the article:Seal of the United States Department of Transp...Image via Wikipedia

“We found that FMCSA has not identified the specific process it will use to comply with five requirements for conducting 50 percent of the pre-authority safety audits (PASA) and compliance reviews onsite in Mexico.  FMCSA plans to abide by the law, but has not finalized where it will conduct the reviews,” the OIG’s office said. “We also found that FMCSA has not yet addressed certain issues for implementing the pilot program. Specifically, FMCSA has not (1) issued site–specific plans for checking drivers and trucks at the border, (2) established a system to verify driver and truck eligibility for the pilot program, (3) issued an implementation plan nor acquired electronic monitoring devices for use in the pilot program and (4) conducted pilot program training for inspection personnel at the border and within the United States.”

Let me sum up this bureaucratic doublespeak.............

  1. The DOT doesnt have the resources to implement this
  2. The number of Mexican trucks that are non regulation is staggering
  3. The DOT and the White House are already getting Congressional backlash over endless regulation
  4. This is a BIG HOT MESS..do we even have the personnel to check every truck coming across the border for drugs, safety, regulation...etc?
To read the original article CLICK HERE

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