{"id":458,"date":"2015-01-16T17:27:39","date_gmt":"2015-01-16T17:27:39","guid":{"rendered":"http:\/\/quicktransportsolutions.com\/blog\/?p=458"},"modified":"2017-02-07T23:14:50","modified_gmt":"2017-02-07T23:14:50","slug":"what-is-the-safety-fitness-determination-rule","status":"publish","type":"post","link":"https:\/\/quicktransportsolutions.com\/blog\/what-is-the-safety-fitness-determination-rule\/","title":{"rendered":"What is the Safety Fitness Determination Rule?"},"content":{"rendered":"

We\u2019ve promised continued reporting on new rules and regulations that the Federal Motor Carrier Safety Administration (FMCSA) is to release this year. Last week we reported on the speed limiter mandate<\/a>. This week we pivot to the safety determination rule which is tentatively scheduled for June publication.<\/p>\n

While a speed limiter mandate is a bit easier to decipher, what exactly does the safety fitness determination rule mean for trucking? Let\u2019s dig deeper.<\/p>\n

The History<\/strong><\/p>\n

The FMCSA has been talking about the safety fitness determination rule for years. Original language governs how the DOT will identify \u201cchameleon\u201d carriers.<\/p>\n

A \u201cchameleon carrier\u201d is essentially an entity that attempts to avoid identification enforcement by registering under a different identity. The intended effect is to create an administrative process that will make it more difficult for companies with repeated safety violations to reincarnate into a new business. These rules will also be enforced for owner-operators.<\/p>\n\n\n\n
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The rule will be governed by the FMCSA\u2019s Compliance Safety Accountability (CSA) program and will be implemented in three phases:<\/p>\n

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  1. Carrier Safety Management System (CSMS)<\/li>\n
  2. Driver Safety Management System (DSMS)<\/li>\n
  3. Safety Fitness Determination (SFD)<\/li>\n<\/ol>\n

    The CSMS and DSMS have been in place for quite a while now, with new technologies allowing carriers and federal agencies to start addressing system needs. The final step in the process is implementation of the SFD.<\/p>\n

    The Details<\/strong><\/p>\n

    The SFD rule currently being prepared for publication is designed to use truck roadside inspection data combined with data from DOT auditor investigations to determine a carrier\u2019s operational fitness. Once the data is plugged in, a score will be assigned and the SFD will have been made.<\/p>\n

    According to early indications, the SFD will land in one of three predetermined categories:<\/p>\n

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    1. Continue to operate<\/li>\n
    2. Marginal<\/li>\n
    3. Unfit<\/li>\n<\/ol>\n

      A carrier\u2019s Behavior Analysis and Safety Improvement Category (BASIC) score will also factor in to the methodology used in determining the SFD. The SFD would classify BASICs as \u201cstand alone\u201d and \u201cnon-stand alone.\u201d<\/p>\n

      Examples of stand alone violations would include unsafe or fatigued driving. Examples of non-stand alone violations would be driver fitness, cargo related, or controlled substances or alcohol.<\/p>\n

      Much of the final determination will be driven by a carrier\u2019s failed BASICS, both which ones and how many. What the exact methodology will be must wait until the rule\u2019s final publication.<\/p>\n

      Fortunately the FMCSA published a format<\/a> in 2009 that outlined what their initial methodology would be in weighing BASICs data with auditor data in the SFD. While it\u2019s likely this methodology will have been changed over the past six years, perhaps we can glean a little out of what they have said.<\/p>\n