Csa2010 Cmv Drivers April2010
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  • This is a brief explanation of FMCSA’s compliance and enforcement model as it is applied today: SafeStat is the measurement system that collects information from Roadside Inspections and Crash Reports to determine the relative safety of carriers. That measurement score is then used to prioritize which carriers the Agency should go see to look at their business operations. The Compliance Review is the onsite review/investigative procedure that the agency uses to look into the carriers operations. Finally, carriers are issued a Safety Rating of Satisfactory, Marginal or Unsatisfactory based on that Compliance Review
  • Though FMCSA has been successful in decreasing fatality rates using today’s model, that decrease has leveled over time. At the same time the carrier population has increased and there are now significantly more carriers than Agency resources. Though the CR is an effective tool in determining the safety practices of a carrier, it is labor intensive and therefore, the Agency is only able to reach about 2% of the carrier population annually.
  • Close your eyes, think about a loved one or significant other, do you have the picture of them in your mind? Open your eyes. Let’s work towards them not being on this slide from our MC News briefs. WE can continue to reduce fatalities, crashes, and the impact they have on all of us. How - together, we are all responsible for saving lives
  • Talking Points : This program is dependent on roadside inspection data. Data is tied to the motor carrier USDOT number within the data collected on carrier performance is driver information and driver performance. Driver data is collected as well used in driver prioritization during carrier investigations. DRIVERS WILL NOT BE RATED and DRIVERS are at no greater risk of license suspension than they are in the current model that includes CR’s and the use of SAFESTAT for measurement purposes.
  • This slide gives an overview of the 3 main components of this new operational model: SMS allows the agency the improved ability to identify demonstrated safety problems CSA 2010 employs an array of interventions instead of one single labor-intensive option –the Compliance Review SFD would be tied to current safety performance; not limited to acute/critical violations from a Compliance Review SFD requires rulemaking, not part of initial rollout
  • This is a diagram of the new operational model once it is fully deployed (post Safety Fitness Determination Rulemaking.) Beginning on the left, the model shows how safety violations from roadside inspections and crash data from crash reports feed into MCMIS (FMCSA’s collection system of data) The raw data is then measured (green Measurement box) and carrier performance is measured in 7 BASIC categories – Behavior Analysis and Safety Improvement Categories (BASICs) In turn, the measures are used for Safety Evaluation in two ways (green Safety Evaluation box). First, from a policy perspective an evaluation is made to determine intervention selection (see arrows and yellow interventions box). Second, to the right of the traffic lights in the box, the measurements may be used in the future to determine safety fitness (in rulemaking) .
  • ALL VIOLATIONS FOUND ROADSIDE GO INTO THE CARRIER SAFETY PERFORMANCE ASSESSMENT. ONLY THOSE VIOLATIONS WITHIN THE CONTROL OF THE DRIVER ARE ATTRIBUTED TO HIM/HER Currently, the driver safety performance results are strictly being used as an investigative tool for law enforcement and are not available to carriers, drivers, or the public. Under CSA 2010, FMCSA will not rate or determine the safety fitness of individual CMV drivers beyond what is currently defined in the Federal Motor Carrier Safety Regulations.  However, this does not preclude FMCSA from developing a driver rating or safety fitness determination process at some time in the future.
  • This slide lists the seven Behavior Analysis Safety Improvement Categories The methodology is designed to weight on-road safety data based on its relationship to crash risk and focuses on behaviors that lead to crash risk. The data is also time-weighted over a 24 month time period so that it is reflective of current on-road safety performance. If a carrier’s performance improves over the time, the safety performance score improves. HM regulation violations (171, 172, 173, 177, 178, 180) may also be found /included in other BASICs such as driver fitness, but the most concentrated BASIC for these is Cargo Related so they are listed there.
  • New Interventions Process provides more tools to reach more carriers and influence safety compliance before crashes occur. SMS alerts FMCSA agents when an intervention is needed and recommends the appropriate type based on the safety problems. The focus of the new process is on changing behavior – For example: If a carrier has a particular problem, SIs will now look at WHY that carrier has that problem providing carriers insight and guidance to take corrective action. In the new model, FMCSA works with carriers to take real corrective action, while NOCs continue to be an important part of the process. SIs will use the Safety Management Cycle to walk carriers through their operations and to identify process breakdowns likely to result in safety problems. Safety Improvement Resources (SIRs) are a part of the new model and used to guide carriers in improving their operations.
  • It’s important to note that this is a proposed rule and that the success of CSA 2010 is not reliant on this proposed rule. What is really important is that there is a process that is used in the test today (and that will be used upon roll-out) for rating carriers under the existing regulations.
  • CSA 2010 incorporates the existing safety rating process and will continue to do so until SFD would go into effect Drivers will not be rated Ratings are issued based on investigation findings : On-site comprehensive investigations can result in Satisfactory, Conditional or Unsatisfactory ratings Onsite focused investigations can result in Conditional or Unsatisfactory Ratings Offsite investigations do not result in a rating Carriers can request an administrative review of its safety rating(§385.17) More language if needed: Per statutory language, a safety rating can only be issued to a carrier following a Compliance Review; and a Compliance Review is defined as an on-site investigation of a carrier; therefore, a rating can only be issued during an investigation that occurs at the carrier’s place of business. Because the onsite focused review only looks at a few areas of a carrier’s regulatory compliance, only a Conditional or Unsatisfactory rating may be applied based on findings.  The Agency cannot provide a Satisfactory rating since it will not have reviewed all areas.  As is current policy, a carrier may apply for an administrative request for upgrade and provide evidence of corrective action.
  • Spring 2010 – CSA 2010 Data Review Along with enforcement staff across the country, Motor Carriers will be able to see their safety data arrayed by the BASICs.  They will receive guidance around how to improve in each of the BASICs and have an opportunity to work with their drivers and change their operations to improve their safety performance.  They will have an opportunity to challenge any potentially erroneous data so that upon the Safety Management System (SMS) rollout, later in the year, enforcement resources will be deployed effectively and efficiently based on an improved data set.    Fall/Winter 2010 – National Launch of CSA 2010 will include The new Safety Measurement System (SMS) will replace SafeStat – public will have access and enforcement will use it to identify and prioritize unsafe carriers for interventions SMS’s BASIC values will replaces today’s Safety Evaluation Area (SEA) values at the roadside Warning letters will be sent Nationwide, launching the first component of the new interventions process A step-by-step educational process for enforcement and motor carriers will begin in early 2010 and will include careful introduction of the new investigations (off-site, on-site focused and on-site comprehensive) and the new follow up interventions (comprehensive safety plans, increased use of notices of violation) Intensive, state-by-state, training for enforcement will begin later in 2011, in preparation for implementation of the new interventions process which will replace the one-size-fits all compliance review Upon completion of that training, on a state-by-state basis, the new program will be implemented.  At that point, the Agency’s new enforcement program will be in place Nationwide

Csa2010 Cmv Drivers April2010 Csa2010 Cmv Drivers April2010 Presentation Transcript

  • Comprehensive Safety Analysis (CSA) 2010 for CMV Drivers April 2010
  • Presentation Agenda
    • Background
    • CSA 2010: The New Approach
    • Today’s Status and Next Steps
    • What CSA 2010 Means for Drivers
    • Frequently Asked Questions
  • CSA 2010 Background
  • FMCSA’s Current Enforcement Program
    • SafeStat –measurement system used today to determine the safety performance of motor carriers
    • Compliance Review Process –onsite review of a motor carrier’s operations
    • Safety Ratings –result of the Compliance Review, Satisfactory, Conditional, or Unsatisfactory
  • Limitations of Current Model
    • Approximately 5,000 people killed per year
    • More carriers than Federal/State Investigators
      • FMCSA regulates ~725,000 interstate and foreign-based truck and bus companies
    • Compliance Review (CR) is effective, but it is labor intensive
      • – Only able to reach < 2% (~12,000) of total carrier population annually
  • CSA 2010 The New Approach
  • Comprehensive Safety Analysis 2010
    • What is CSA 2010?
    • Improves the efficiency and effectiveness of FMCSA
    • Reduces commercial motor vehicle (CMV) crashes, fatalities, and injuries.
  • Why Change?
  • Where does it all start…
  • The New Model
    • CSA 2010 introduces three new components to FMCSA’s enforcement and compliance model:
    • New Safety Measurement System (SMS) to replace SafeStat
    • New intervention process to augment compliance reviews
    • New approach to the Safety Fitness Determination (SFD)
  • A New Operational Model (Op-Model)
  • New Measurement System
    • Assesses safety of carriers and CMV drivers based on unsafe behaviors that lead to crashes
      • Calculates safety performance based on 7 Behavior Analysis and Safety Improvement Categories (BASICs)
      • Weights time and severity of violations based on relation to crash risk
      • Uses crash records and all safety-based violations found at roadside
    • Measures carrier safety performance
      • Includes a new tool for use by Safety Investigators to assess driver safety performance
    • In the future, measurement results will support future Safety Fitness Determinations
      • Now in rulemaking; success of CSA 2010 not dependent on rule
  • New Measurement System –Driver Information
    • All violations count toward a carrier’s score
      • If received while driving for that carrier
    • Only violations within the control of the driver (as deemed by the Agency) count toward a driver’s assessment
      • For example: speeding, hours-of-service violations, etc.
    • Carriers cannot see historic driver assessments
      • Carriers can only see the violations received while the driver was employed by the driver’s current company
  • New Measurement System –Driver Information (cont’d)
    • Individual driver assessments are used by investigators during carrier investigations only
      • To identify drivers with safety problems
      • To prioritize driver sample during carrier investigation
      • To issue Notice of Violations/Notice of Claims to individual drivers based on this driver investigation as appropriate
    • SMS BASICs will replace SafeStat Safety Evaluation Areas (SEAs) data sent to Roadside Inspectors
      • Assist in determining level of inspection
      • North American Standard (NAS) Inspection procedure does not change
  • New Interventions Process
    • The New Interventions Process addresses the…
      • WHAT
        • Discovering violations and defining the problem
      • WHY
        • Identifying the cause or where the processes broke down
      • HOW
        • Determining how to fix it/prevent it through use of Safety Management Cycle and Safety Improvement Resources
  • Safety Fitness Determination (SFD)
    • SFD would:
    • Incorporate on-road safety performance via new SMS which is updated on a monthly basis
    • Continue to include major safety violations found as part of CSA 2010 investigations
    • Produce a carrier Safety Fitness Determination (SFD) of
      • Unfit or
      • Marginal or
      • Continue Operation
    Draft rulemaking is currently in review within DOT; NPRM expected to be published in late 2010.
  • Current Rating Process in CSA 2010
    • CSA 2010 incorporates the existing safety rating process and will continue to do so until SFD would go into effect:
    • Drivers will not be rated
    • Drivers will not face any more suspension risk in the future than exists today
  • CSA 2010 Today’s Status and Next Steps
  • CSA 2010 Operational Model Test
    • Operational Model Test in 9 states:
    • Began February 2008
    • Completion June 2010
    • Designed to test validity, efficiency and effectiveness of new model
  • Preliminary Test Results
    • So far, CSA 2010 is:
    • Reaching its goal of contacting more carriers
      • Research shows more contacts equals improved safety performance
    • Resulting in strong enforcement; similar to current model
    • Employing the full array of investigations
      • Investigations in test states have been done in the following proportions
        • Onsite Investigations – Comprehensive (~25%)
        • Onsite Investigations – Focused (~45%)
        • Offsite Investigations (~30%)
  • Preliminary Test Results
    • So far, CSA 2010 is:
    • Following up with carriers: 50% of investigations result in one of following:
      • Notice of Claim or Violation
      • Cooperative Safety Plan
      • Driver-Specific follow-on activities
        • Notice of Violation
        • Notice of Claim
  • More Preliminary Results
    • Warning letters are having a positive impact:
    • Almost 5,000 sent
    • Almost 50% of recipients logged in to view their data and safety assessments
    • Feedback from test states indicate that some carriers appreciate the early alert
  • Roll-Out Schedule Guiding Principles
    • Integrate lessons-learned from 9-state test and feedback from national stakeholder outreach
    • Create a phased approach to methodically step stakeholders into new measurement system (SMS):
      • Drive industry to information on how they will be measured; urge immediate safety improvements
      • Build a foundation for enforcement staff to understand and effectively utilize SMS by internalizing concepts of behaviors and BASICs
    • Maximize resources
      • Respond to industry information needs
      • Use new measurement system to identify and prioritize carriers with safety problems
      • Train field staff in new intervention process
  • CSA 2010 Roll-out Schedule
    • Spring through Fall 2010: National Data Review
    • Carrier review of violations by BASIC and crash data (April)
    • Carrier preview of SMS results and safety assessment in BASICs (Summer)
    • Fall through Winter 2010: SMS Replaces SafeStat
    • FMCSA/States prioritize enforcement with SMS
    • SMS results are available to industry/public
    • Warning Letters are issued to carriers with deficient BASICs
    • Roadside inspectors use SMS results to identify carriers for inspection
    • Apply key concepts from the operational model
    • Safety Fitness Determination Rulemaking (NPRM-Winter 2010)
    • 2011:   Interventions Implemented State-by-State
    • Systematic introduction of new interventions
    • National training program to support new interventions process
  • What CSA 2010 Means to Drivers
  • How Does This Impact Drivers?
    • CSA 2010 puts more emphasis on drivers than the previous enforcement model:
    • ALL violations found during Roadside Inspections count toward carrier and driver safety measurement according to vehicle or driver violation type.
    • BASIC information/scores will be sent to roadside inspectors as a tool in the decision of whether to inspect and what level to inspect a specific CMV
      • Roadside Inspectors will see carrier information/scores
      • Roadside Inspectors will not see driver measurement information
  • How Does This Impact Drivers? (cont’d)
    • Safety Investigators will be able to see the safety performance history of drivers when they are conducting a carrier investigation
    • This information is not available to carriers
    • Assessment includes the entire history of the driver
    • Assessment is a tool for investigators to use in sampling and to issue NOCs/NOVs to drivers based on performance
    • Drivers will not be rated (i.e. unfit) under CSA 2010
  • Pre-employment Screening Program (PSP)
    • PSP was mandated by Congress under SAFETEA-LU
    • PSP is not a part of CSA 2010
    • “ Driver Profiles” from FMCSA’s Driver Information Resource (DIR) will be available to carriers through PSP
    • Driver Profiles will only be released with driver authorization
    • Drivers will be able to obtain their own driver information record
    • PSP is under development, more information can be found at www.psp.fmcsa.dot.gov
  • What Can Drivers Do Now to Prepare?
    • Know and follow safety rules and regulations
      • CMV web-based driving tips can be found at http://www.fmcsa.dot.gov/about/outreach/education/driverTips/index.htm
  • What Can Drivers Do Now to Prepare?
    • Become knowledgeable about the new BASICs and how FMCSA will assess safety under CSA 2010
      • Review the SMS Methodology at http://csa2010.fmcsa.dot.gov/outreach.aspx
    • Advocate for safety among all professional drivers
  • What Can Drivers Do Now to Prepare?
    • Spread the word about CSA 2010 and encourage fellow drivers to :
      • Check the CSA 2010 website for more information and updates at http://csa2010.fmcsa.dot.gov
      • Maintain copies of inspection reports
      • Become knowledgeable about employers’ safety records by checking carrier safety information at SafeStat on line ( http:// ai.fmcsa.dot.gov / )
  • Frequently Asked Questions
  • Frequently Asked Questions (FAQs)
    • Does CSA 2010 give FMCSA the authority to put drivers out of work?
      • No. CSA 2010 does NOT give the agency the authority to remove drivers from their jobs. A change of that magnitude would require rulemaking and no such effort is underway.
    • Does CSA 2010 give FMCSA the authority and processes to rate drivers and revoke their CDLs?
      • No. Driver assessments are available to investigators but these are not used to rate drivers and/or revoke CDLs; State licensing agencies perform that function.
  • FAQs (cont’d)
    • Do tickets or warnings that drivers receive while operating their personal vehicles impact the new Safety Measurement System?
      • No.
    • Does the Safety Measurement System hold carriers responsible for drivers’ errors, such as speeding?
      • Yes. Carriers are held accountable for drivers’ errors because they are responsible for the job performance of those who work for them.
  • FAQs (cont’d)
    • Do carriers and drivers need to register for CSA 2010 and fulfill mandatory training?
      • No. CSA 2010 is primarily focused on helping FMCSA improve its enforcement operations. Carriers and drivers do not need to register for CSA 2010 nor is there a mandatory training requirement.
    • Is there a way to challenge potentially erroneous or improper violations on carrier and/or driver records?
      • Yes. The DataQs program ( https:// dataqs.fmcsa.dot.gov ) allows carriers and drivers to challenge information that resides in FMCSA databases such as crash and inspection reports.
  • FAQs (cont’d)
    • Is it considered an inspection every time I talk to an inspector at a weigh station?
      • Not necessarily. Law enforcement perform two types of actions at the roadside: a screening and an inspection. A screening evaluates a CMV to determine if that driver and/or vehicle warrants an inspection. Screening methods may vary by jurisdiction. A screening does not constitute an inspection and an inspection report would not be generated.
  • For more information, visit csa2010.fmcsa.dot.gov