Yamil Fuentes Pre-Paid Legal Independent Associate
1st – DRIVER’S PERFORMANCE WHILE OPERATING A MOTOR VEHICLE
CSA 2010 is going to count ALL violations received while a driver is driving for that carrier. This means that when a driver is speeding, has an hours-of-service violation, etc. motor carriers safety fitness determination will also be affected.
Also, DOT investigators will have access to driver’s history and will use the information to prioritize the driver sample during a carrier investigation.
Effects: Motor carriers can no longer ignore driver violations incurred while on the road. While most motor carriers review driver’s MVRs once a year in order to comply with FMCSR 391, it might prove to be too late. By the time a motor carrier realize that they have a problem the DOT will already know about it and will most likely request the problematic drivers as part of the driver sample on an on-site review.
2nd – ALL DEFICIENCIES FOUND AT ROADSIDE INSPECTIONS WILL COUNT AGAINST MOTOR CARRIERS
The new SMS (Safety Management System) is also going to rate motor carriers using all data collected from roadside inspections to evaluate motor carriers based on 7 BASIC’s = Unsafe Driving (speeding, following too closely, etc.), Fatigued Driving (hours of service violations), Driver Fitness (license, qualifications)
Effects: Since everything will count, motor carriers must be more careful selecting drivers and quickly handle those drivers that create frequent blemishes in their safety record.
3rd – IMPROVED COMMUNICATION BETWEEN ROADSIDE INSPECTORS, MOTOR CARRIERS AND DOT INVESTIGATORS
Roadside Inspectors are now going to have motor carrier records available during their inspection while on the road to help them decide what level of inspection a specific Commercial Motor Vehicle.
Also Safety Investigators will be able to see the safety performance history of drivers when they are conducting a carrier investigation.
Effects: More targeted roadside inspections and on-site reviews.
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Going forward drivers MUST be more aware of the IMPACT SAFETY AND MOVING VIOLATIONS will have on their employability. More drivers will start challenging violations received whereas in the past they would just pay the fines and move on. That may no longer be an option as motor carriers are going to keep close tabs on them and will get rid of drivers that can cause the DOT to come knock on their door.
Also, drivers will now have three (3) years of their compliance history with the DOT available to current and prospective carriers. Non-compliant drivers will find their continued employment with their current carrier in jeopardy and prospective carriers reluctant to bring them and their points on board.
Motor carriers also need to be prepared for MORE COMPLIANCE REVIEWS; most should review their safety policies and procedures to make sure they are as solid as possible. In addition, since the stakes are now higher, carriers can now find themselves the subject of targeted enforcement, both on the road (increased roadside inspections and on-site (Compliance Reviews) if their scores in any of the 7 BASICS are over the thresholds.
For more information about CSA 2010: http://csa2010.fmcsa.dot.gov
About the Author:
Yamil Fuentes has more than 10 years in the transportation industry. She was the Regulatory Compliance Manager for a Fortune 500 company before joining Pre-Paid Legal Services. She is CDLP and Small Business Certified and is an expert with the FMCSR Regulations and the Transportation Industry.
http://www.prepaidlegal.com/
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