CSA & Regulatory Update. Chattanooga, TN June 2013

Transcription

1 CSA & Regulatory Update Chattanooga, TN June 2013 Industry Briefing, April 2011 FMC-CSA

2 Life Cycle Seminar (Part 2): Agenda Compliance, Safety, Accountability (CSA) Update- Safety Measurement System (SMS), Enhancements and Effectiveness HOS Phase II Review Other new rules 2013 Upcoming Rulemaking

3 SMS Methodology Overview Gather 24 months of on-road safety event data (i.e., inspections, crashes) to create a safety event history Place each carrier violation and/or crash into a BASIC Convert BASIC data into a quantifiable measure/rate Time, severity, OOS weight Develop a percentile rank for each BASIC based on each carrier BASIC measure Safety Event Groups Safety Event Data BASIC Data BASIC Measures Percentile

4 SMS (cont.) Carriers with BASICs above the threshold ( ) are prioritized for intervention Percentile ranks are determined by comparing carriers measures other measures of carriers with similar number of safety events Clean Roadside Inspections are used in SMS and can improve a carrier s BASIC percentile ranks Motor carriers do NOT inherit any of a newly-hired driver s past violations Only those inspections that a driver receives while driving under a carrier s authority can be applied to that carrier s SMS profile Driver violations remain on the carrier s SMS for two years, even if the driver was fired

5 Recent SMS Improvements

6 SMS Improvements 1. Strengthened the Vehicle Maintenance BASIC by incorporating cargo/load securement violations from the Cargo-Related BASIC Allows for appropriate workload prioritization while reducing a bias in the Cargo-Related BASIC whereby flatbed operators are disproportionately identified for intervention 2. Changed the Cargo-Related BASIC to the HM Compliance BASIC to better identify safety problems related to HM Removed load securement violations so that only HM violations remain; consequences of crashes and cargo spills can be greatly exacerbated when HM are involved

7 SMS Improvements (cont.) 3. Better aligned the SMS with IEP regulations SMS now properly attributes each Intermodal Equipment Provider (IEP) trailer violation to either the IEP or the motor carrier based on the ability of the driver to find the violation as part of a pre-trip inspection IEP violations assigned to a motor carrier are now used towards calculating the carrier s Vehicle Maintenance BASIC 4. Aligned violations included in the SMS with CVSA inspection levels by eliminating vehicle violations derived from driver-only inspections and driver violations from vehicle-only inspections Prompted by enforcement and industry concerns that some vehicle violations fall outside the scope of a driver-only inspection and could bias the BASIC results

8 SMS Improvements (cont.) 5. More accurately identify carriers involved in transporting HM or passengers These carriers are subject to more stringent thresholds in the SMS HM Carriers New definition enables FMCSA to focus resources on carriers involved in the majority of placardable HM transport At least 2 HM placardable vehicle inspections; 1 within past 12 months At least 5% total inspections indicated as HM placardable vehicle inspections Passenger Carriers New definition removes many low-capacity vehicles (e.g., vans and taxis) that are generally outside of FMCSA s authority Adds all for-hire carriers with 9-15 passenger capacity vehicles and private carriers with 16+ capacity Removes all carriers with only 1-8 capacity and private carriers with 1-15 passenger capacity

9 SMS Improvements (cont.) 6. Modified the SMS Display to: Replace the terms Insufficient Data and Inconclusive to fact-based definitions Break out crashes with injuries and crashes with fatalities 7. Removed 1 to 5 mph speeding violations FMCSA has aligned speeding violations to be consistent with current speedometer regulations (49 CFR ) that require speedometers to be accurate within 5 mph Applies to the prior 24 months of data, and all future SMS data 8. Lowered the severity weight for speeding violations that do not designate a mph range above the speed limit to 1.

10 SMS Improvements (cont.) 9. Aligned the severity weight of paper and electronic logbook violations (they are now weighted equally) 10. Changed the name of the Fatigued Driving (HOS) BASIC to the HOS Compliance BASIC This BASIC continues to have a strong association with future crash risk. Change was made to reflect that the BASIC includes HOS recordkeeping requirements that, by themselves, do not necessarily indicate fatigued driving or driving in excess of allowable hours.

11 Suspended License Changes (ASPEN Change) Operating CMV while disqualified / CDL suspended (391.15A and A) safety- or non-safety-based suspension whether or not the carrier had the capacity to know about the suspension

12 Effectiveness Tests and Results

13 Overall CSA Program Effectiveness The assessment of the CSA program effectiveness will build off and include each of the four elements 1. SMS Effectiveness 2. Intervention Effectiveness 3. Refresh of independent evaluation effectiveness measures 4. New effectiveness measures Results will be refreshed at regular intervals to assess the effectiveness over time

14 1. SMS Effectiveness Report Objective Quantify how effectively the SMS identifies high-risk motor carriers Methodology Use historical data to examine the future crash rate of motor carriers Results will be published following peer review

15 Effectiveness Results Crash OR HOS Compliance OR Unsafe other BASIC at or above the all other motor carrier threshold OR Any 4 or more BASICs at or above the all other motor carrier threshold Carriers meeting the above definition of high risk have substantially higher crash rates: more than twice the crash rate of the general carrier population Group # Carriers Post Crashes per 100 Post PU Carriers under FMCSA's Jurisdiction 276, Carriers with Sufficient Data for 1+ BASICs (SMS 3.0) 161, Carriers with Above Threshold in 1+ BASICs (SMS 3.0) 41, High-Risk Carriers 6,

16 Effectiveness Results (cont.) Unsafe Driving, HOS Compliance, Vehicle Maintenance BASICs, and the Crash Indicator are the best predictors of future crash risk Other BASICs show a weaker relationship to crash risk FMCSA optimizes resources through more stringent Intervention Thresholds for BASICs with strongest associations to crash risk BASIC Above Threshold : Crashes per 100 PU Below Threshold: Crashes per 100 PU Increase in Crash Rate Unsafe Driving % Crash rates of Carriers above and below BASIC thresholds HOS Compliance % Driver Fitness % Controlled Substances / Alcohol % Vehicle Maintenance % HM Compliance % Crash % 1+ BASIC (any BASIC) %

17 Effectiveness HOS Compliance BASIC Strong relationship between HOS Compliance BASIC and future crash risk Recent American Transportation Research Institute (ATRI) paper shows similar findings

18 Effectiveness Driver Fitness BASIC Negative relationship between Driver Fitness BASIC and future crash risk Recent ATRI paper shows similar findings Three quarters of carriers above Driver Fitness, exceed threshold in another BASIC Recent Aspen improvements provide for higher severity weights for safety-based operating while suspended violations

19 SMS Effectiveness - ATRI Report Summary Findings: Positive relationship between Unsafe, HOS, and Vehicle BASICs and crash risk. Negative relationship between Driver Fitness and Controlled Substance/Alcohol BASICs and crash risk. The more BASIC percentiles at alert, the higher the crash risk. Recommendations: Rank carriers by number of BASICs at alert. Present profiles on the CSA website based on number of alerts.

20 CSA Stats Since CSA rollout (Dec 2010), most dramatic decrease in violation rates in a decade (calendar 2010 vs calendar 2012) violations per roadside inspection are down nearly 14 percent and driver violations per inspection are down 17 percent SMS identifies high-risk carriers have twice national crash rate 56% more crashes than carriers identified using SafeStat SMS Online hosted 48 million user sessions in 2012 Ten fold increase over SafeStat and 60% increase since last year The SMS has enough performance data to evaluate nearly 40% of active carriers (these carriers are involved in >92% of reported crashes) As of Dec. 2012, FMCSA sent more than 70,000 warning letters

21 Driver Safety Measurement System (DSMS) FMCSA s internal tool to address the safety of CMV drivers: Provides enhanced information on individual drivers to FMCSA investigators to identify drivers with safety problems Allows for prioritizing driver sampling during carrier investigation Supports investigator follow-up on significant violations (e.g., Red Flag Violations) DSMS data are not available to the public or to employing motor carriers; they are used only by FMCSA as an investigative tool Red Flag Violations: Reviewed during a carrier investigation Under CSA, individual drivers are not assigned safety ratings or safety fitness determinations

22 2013 Plans for CSA Enhancements to public display of SMS data Analyzing the impact of proposed changes Crash Weighting Plan Safety Fitness Determination (SFD) Notice of Proposed Rulemaking

23 SMS Public Display Enhancements Enhancements under development Objectives: Reinforce SMS as prioritization Recognize distinctions between BASICs and crash risk Focus on setting foundation for SFD Reinforce safety mission One stop shop Address concerns with insufficient data carriers Retain detailed data Proposed enhancements would be previewed

24 Recap of Improvements to SMS and broader CSA What kind of changes to SMS are being considered for the next round of proposed improvements? Comprehensive modifications to roadside violation severity weights per MCSAC Recalibration of the Utilization Factor used to incorporate VMT for the Crash and Unsafe Driving BASICs Adjustment to safety event groupings in all BASICs Other?

25 Crash Weighting Study SMS currently uses all crashes which has shown to be one of the better predictors of future crash risk FMCSA is conducting research study to better understand the safety benefits of adjusting crash weights in SMS based on the motor carrier s role in the crash (i.e. preventability) Analysis complete summer 2013

26 Crash Weighting Three Research Questions 1. Do police accident reports (PARs) across the nation provide sufficient, consistent, and reliable information to support crash weighting determinations? 2. Will a crash weighting determination process offer an even stronger predictor of crash risk than crash involvement and how will crash weighting be implemented into SMS? 3. How would the Agency manage the process for making crash weight determinations including public input to the process?

27 Crash Weighting Complete plan is available at: tingresearchplan_ pdf

28 Safety Fitness Determination (SFD) Proposed Safety Fitness Determination (SFD): Would require rulemaking Would continue to include major safety violations found as part of investigations Would also incorporate on-road safety performance Considerations: Absolute (measure) vs. Relative performance (percentile) Use of crash data Safety event groups Due process Draft rulemaking is currently under development

29 Enforcement of Unsafe Driving BASIC FMCSA increasing emphasis on the Unsafe Driving BASIC High correlation to future crash risk Guidance being issued to FMCSA Investigators, to cite and take enforcement for patterns of moving violations Will be a significant factor used in SFD

30 Regulatory Update

31 Hours of Service Phase I Feb 27, 2012 Definition of on duty time does not include: Any time resting in a parked vehicle or Up to 2 hours riding in a passenger seat of a CMV moving on the highway immediately before or after at least 8 consecutive hours in the sleeper berth (property carriers only) The rest of the definition of on duty time remains unchanged

32 Phase I: Egregious Hours Violations Egregious Violation- exceeding 11 hour (property) or 10 hour (passenger) rule by more than 3 hours. Significantly increased penalties, up to statutory maximum (statutory maximum = $11,000 per violation)

33 Hours of Service Phase II July 1, 2013 Rest Break (8 hour rule) Requires that if more than 8 consecutive hours have passed since the last off-duty (or sleeperberth) period of at least half an hour, a driver must take an off-duty break of at least 30 minutes before driving. Ex- driver drives 8 hours, then works 2 hours in warehouse. Takes 30 minute break, can then resume driving (up to 3 hours- 11 hr limit)

34 Hours of Service Phase II 34 hr Restart Requires that the restart cover at least 34 consecutive hours and include at least two off-duty periods from 1:00 a.m. to 5:00 a.m. The rules will limit the use of the 34-hour restart to once a week (once every 168 hours). The restart cannot be used until 168 hours or more have passed since the beginning of the driver s last restart.

35 Hours of Service FAQs 168 period is counted from the beginning of the 34 hour restart The 34 restart is taken over 2 periods 1-5 AM in the driver s home terminal time zone, NOT in the home terminal. Driver can take the 30 minute break in the truck- per phase I resting in a parked CMV rule 8 hr rule- no driving after 8 hrs since last 30 minute break (driving and non-driving time) 30 minute break logged either sleeper or off-duty 30 day transition period- FMCSA will cite violations, but allow enforcement discretion on enforcement

36 National Registry of Certified ME Why? Steps Address safety vulnerabilities (non-compliant exams & jurisdiction over M.E.). Effective 5/21/2014 (exams after this by non-nr ME not valid) 1) M.E. obtain training (available now) Re-trained every 5 years 2) M.E. pass test (third party variety of locations) 30 day waiting period if failed Re-test & retrain every 10 years 3) Monthly form MCSA-5850 (cert. forms to FMCSA in 48 hours) Future rulemaking: M.E. send exam to DOL

37 CLP- Learner s Permit Final Rule CLP Learners Permit Final Rule FR 5/9/11 eff. 7/8/14 Third party testers» Required refresher training» Schools prohibited from testing own students Out of state driver training» Testing in another state permitted» Obtain CLP / CDL in state of domicile Communication» Interpreters prohibited for knowledge & skills tests» English only for skills tests CLP» Pass knowledge test» Separate document / not valid without DL

38 Uniform Registration System (URS) 2013 Rulemaking Combines DOT and MC number into single DOT number Will require on-line updates, otherwise DOT number will be inactivated; will improve data quality Warning letters Fall 2013, enforcement to follow Be prepared- get your PIN number now and file updates electronically

39 Looking Down the Road (SAFETEA-LU & MAP-21) ELDs (Electronic Logging Devices) NPRM later this year National Drug & Alcohol Clearinghouse- NPRM summer Sleep Apnea- FMCSA reviewing recommendations from MRB and MCSAC- draft guidance will be released for public comment Enhanced requirements to obtain DOT # (examination)

40 Upcoming Rules, Programs (cont) Entry-Level Driver Training: Rule in development, FMCSA seeking input on proposed driver training standards Driver Compensation: FMCSA plans to research relationship between driver compensation and safety Employer Notification System (notifications of convictions) No Defect DVIR Registration of brokers and freight forwarders

41 Questions? CSA Information Line: Ask a CSA-related question or give feedback electronically, TN Division FMCSA jon.dierberger@dot.gov

42 Thank you!