Trucking representative questions intentions of FMCSA’s new regulations for operating authority

After examining a driver compliance policy that was recently released by The Federal Motor Carrier Safety Administration (FMCSA), trucking representative Owner-Operator Independent Drivers Association (OOIDA) stated its doubts about the regulations.

According to Land Line, the policy gives the impression the FMCSA seem serious about shutting down motor carriers that are guilty of repeatedly violating regulations. After conducting a more in-depth inspection, top officials at the OOIDA have questioned the motives of the regulator's actions.

"When you first read through the policy, it seems somewhat noble," states OOIDA executive vice president Todd Spencer, the news source reports.

The document details the policies that the FMCSA has related to suspending, amending and revoking the operating authority of motor carriers, as well as the regulator's perusal of applications for authority, the media outlet reports.

Matters reviewed in determining authority status

The policy document outlines six areas that will be reviewed when the FMCSA considers whether it should suspend, withhold, amend or revoke the operating authority of a carrier, according to the news source.

The media outlet reports that the six areas include 1) the details regarding violations that are current or that happened in the past 2) the extent to which these violations will impact, or have impacted the safety of operations, considering any consequences resulting from the violations and 3) if willful failure to comply with relevant requirements caused statutory or regulatory violations 4) if there are either enforcement actions that are either closed or pending, and what their nature is 5) if the needed safety management policies exist to ensure that a carrier obtains an adequate level of compliance with relevant requirements and 6) if any corrective action has occurred.

A review of any motor carrier will involve perusing six years of its records, which is the same amount of time that the FMCSA utilizes to determine if a particular civil penalty is part of a "history of prior offenses" or a "pattern of violations," according to the news source.

"In essence the agency’s pledge to be much more diligent in terms of enforcing regulations that have been on the books for years. You give them high marks for that," Spencer told the media outlet. "But the proof is in the pudding. Is this what they are really going to do?"

People representing the FMCSA stated recently that the federal Compliance, Safety and Accountability program for interstate truck operators is not an effective means of evaluating the performance of safety efforts. 

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