CSA 2010

The FMCSA is imposing new regulations originally expected to be implemented in July 2010, but now postponed to November, 2010. It could further be delayed into 2011. Data will continue transfer for 36 months prior to the activation date for individual drivers and 24 months for Carriers. This is a major change the transportation industry has not seen since the CDL in the late 1980's!

What is CSA 2010?
Comprehensive Safety Analysis 2010 is a major Federal Motor Carrier Safety Administration initiative to improve the effectiveness of compliance and enforcement programs. Its ultimate goal is to achieve a greater reduction in large truck and bus crashes, injuries, and fatalities, while making efficient use of the resources of FMCSA and its state partners.

How will CSA 2010 affect the carriers?
This is a new way to carry out compliance and enforcement programs and is different than prior measurement systems. Its primary purpose is (1) a more comprehensive measurement system, (2) a safety fitness model that is based on performance data and not necessarily tied to an on-site compliance review, and (3) include a broader array of innovative initiatives.

What are the BASICS and how are they used in CSA 2010?
The Behavioral Analysis and Safety Improvement Categories (BASICS) are seven categories of data available through the Motor Carrier Management Information System (MCMIS). These are behavior categories that can lead to crashes:

1. unsafe driving
2. fatigued driving
3. driver fitness
4. controlled substances and alcohol
5. vehicle maintenance
6. improper loading/cargo securement, and
7. crash history

Each is weighted differently based on crash causation, but is part of the CSA 2010 operational Safety Measurement System (SMS). The data will be collected from on-road safety performance activities that include roadside inspections, traffic enforcement and crashes.

Will CSA 2010 include both Carrier and Driver Safety Performance?
Yes. FMCSA has designed two Safety measurement systems - one for carriers Carrier Safety Measurement System (CSMS) and one for drivers (Driver Safety Measurement System (DSMS). Drivers will also have a score separate from the carriers (so if they move from one carrier to another, it goes with them!)

What is the difference between Safestat and the new Safety Measurement System (SMS)? There are six important differences:

1. SMS is organized into seven (7) specific behaviors while Safestat is organized into four (4) Safety Evaluation Areas.
2. SMS identifies safety problems, while Safestat prioritizes carriers for a compliance review.
3. SMS uses safety-based inspection violations while Safestat uses OOS violations and selected moving violations.
4. SMS uses risk - based violation weightings and Safestat does not.
5. SMS impacts the safety fitness of a carrier while Safestat has no impact on a carrier safety fitness rating.
6. SMS assesses both individual drivers and carriers, while Safestat assesses only carriers.

What are the carrier interventions?

1. Warning letter
2. Targeted roadside inspection
3. Off-site investigation,
4. On-site investigation-focused,
5. Cooperative safety plan,
6. Notice of violation,
7. On-site investigation-comprehensive,
8. Notice of claims/settlement agreement, and
9. Unfit-suspension.

How does a carrier intervention take place?
These are designed to be progressive and increase in severity and interaction with motor carriers and drivers. The goal is to reach a larger segment (30 -40% of the carriers versus about 5% of current compliance inspections). The intervention is triggered by (1) one of more deficient BASICs, (2) a high crash indicator, (3) a complaint and/or fatal crash. The intervention will be influenced by (1) safety performance, (2) HazMat or passenger carrier status, and (3) history.

What is the difference between a Compliance Review (CR) and CSA 2010 Interventions?
There are five important differences:

1. CR's generally occur at a carriers' place of business and all CR's are very similar. CSA 2010 may not be at a carrier's place of business and will generally be focused only on one or more specific deficiency (ies)!
2. The outcome of a CR can be citing of minor and critical violations, whereas the outcome of an intervention determines the root cause of a safety problem and will provide guidance on corrective actions.
3. A CR determines a carriers rating, while CSA 2010 interventions will ultimately combine violations with on-road safety performance.
4. The focus of a CR is compliance, while interventions are focused on compliance, improving behaviors that are linked to crashes, and identifying causal factors.
5. CR's are time consuming and result in reaching fewer carriers and drivers, while interventions are supposed to address safety problems and help reach more carriers and drivers earlier in the process.

The Bottom Line:
Compliance is now becoming more defined and adaptable to reach more carriers and drivers, and focused on safety (i.e., the intervention in preventing accidents). The driver must maintain an active role in this process and will also be measured individually. History of violations will be tracked and unfortunately, carriers and drivers will be further placed under the FMCSA scope.

Why is this new regulation in place?
Safety (to reach more carriers and drivers) and Revenue! There will be more compliance officers hired and the regulation is believed to generate up to 3 times the revenue than compliance and roadside inspections in the past.

Where do I find our more information? www.fmcsa.dot.gov/csa2010

Conclusion
More than 48,000 CDL drivers lost their licenses in 2008. After CSA 2010 implementation, more than 220,000 or more drivers are expected to lose their CDL's. Eventually this will translate into high numbers of drivers losing CDL's. This could again cause a shortage of drivers in the industry (currently 20-25 million CDL drivers in America). 2-5% of the carriers are expected to go out of business (currently 7 million licensed motor carriers in America). ATA Statistics.

TLC's Response
Carriers and drivers have critical years ahead. TLC Companies has many positive resources available to clients and we continue to research ways to assist client companies to screen drivers for compliance with CSA 2010. TLC will soon be set-up under the PSP (Pre-Screening Program) to download reports for driver applicants (once the system becomes active). We also offer a CDL legal plan through Open Road Driver Plan. Our staff continues to communicate with clients and conduct driver training sessions. Please contact Bob Byrnes (651)338-3061 or Tim Hacht (651)253-6687 for assistance. We are here to assist you!