Walt Metz article entitled “Recent Developments Show CSA Continues To Be a Work in Progress” as published in the July, 2012 edition of "The Transportation Lawyer", a prestigious quarterly legal journal by the Transportation Lawyers of America.
El documento habla sobre la medición del tiempo y cómo está relacionada con los movimientos de la Tierra. Explica que la Tierra gira sobre su eje una vez cada día y que esto es lo que determina si es de día o de noche en cada lugar. También cubre los formatos de 12 y 24 horas para indicar la hora, y lista los meses del año y las estaciones.
NEW LAWSUITS AND INTEREST GROUP CONCERNS KEEP CSA CONTROVERSIES BREWINGWalt Metz
Back in February I wrote a comprehensive review of Compliance, Safety, Accountability (“CSA”), the safety compliance monitoring program administered by the Federal Motor Carrier Safety Administration (“FMCSA”). Since then I have written three articles updating the constantly changing CSA landscape. My most recent CSA update was published in the July, 2012 edition of The Transportation Lawyer, a quarterly legal journal by the Transportation Lawyers of America, entitled “Recent Developments Show CSA Continues to be a Work in Progress”. At the conclusion of that latest article I said, that “[t]he implementation of CSA will be ongoing for the near future … The process has already been much slower than many would like, has not been without controversy and will likely generate new controversy. Stay tuned!” It did not take long before the filing of two major lawsuits and other developments called for yet another update article, this article entitled: “New Lawsuits and Interest Group Concerns Keep CSA Controversies Brewing”. CSA continues to be a controversial work in progress and this article summarizes the two new lawsuits and the other controversies that have recently arisen over CSA and the related Pre-Employment Screening Program (PSP).
Laurie Wilson, Manager, Infrastructure & Engineering, RISSB joins us for an in-depth look at the nature and
significance of derailments in Australia. He discusses the progress made over the last decade and the opportunities that
exist to learn from investigations in order to improve the system and ensure rail remains one of the safest forms of transport.
Cyber-insurance and liability caps proposed as incentives by Department of Co...David Sweigert
It is important to note that while the incentives study was required within 120 days of the date of EO 13636, the preliminary version of the Framework is required within 240 days of the date of EO 13636. In addition, DHS will be establishing a voluntary program to support Framework adoption within 365 days of the signing of EO 13636. This report is limited by the current understanding of what the Framework will entail and would benefit from more specifics to inform the analysis and recommendation of the incentives designed for promoting its adoption. For example, knowledge of the Framework would allow the cost of Framework adoption to be quantified. Since the Framework is still under development, this was not possible, and so the incentives considered were evaluated at a more general level with the understanding that the analysis would be updated as needed as the Framework is developed. Since the Framework is still in development at the time of this writing, the incentives that are intended to promote its adoption were assessed prospectively, in terms of the likelihood that they will motivate organizations to adopt the Framework in the future. It is expected that the most effective incentives will not only promote adoption of the Framework.
Wireless Communication, Sensing and REM: A Security PerspectiveIRJET Journal
The document discusses wireless communication security perspectives and proposes a method for detecting Sybil attacks in vehicular ad hoc networks (VANETs). It begins by introducing VANETs and the security issues they face, such as Sybil attacks where an attacker generates multiple fake identities. The proposed method is called Improved RSSI-Based Sybil Detection (IRSD) which uses received signal strength indicator (RSSI) time series to compare similarities between received signals and detect Sybil attacks. The method provides distributed detection without relying on position or distance calculations based on average RSSI values. The document concludes the IRSD method can effectively detect Sybil attacks in VANETs and prevent miscommunication compared to other existing methods.
The World Economic Forum convened representatives from various sectors to discuss strategies for reducing risks from natural disasters through collaboration. Discussion groups proposed ideas for improving infrastructure, insurance, investing in resilience, and more. Key recommendations included establishing infrastructure risk assessment standards; using catastrophe bonds to spread infrastructure risks; requiring redundancy for critical systems; and incentives for retrofitting vulnerable infrastructure. Financial institutions could also help by making catastrophe insurance mandatory for loans and tying terms/premiums to mitigation measures.
This document provides an evaluation of road safety television advertising campaigns conducted by the Transport Accident Commission (TAC) in Victoria between 1989-1992. It finds:
1) TAC advertising supporting speed and alcohol enforcement programs is linked to reductions in casualty crashes, with estimated benefits in reduced costs 3.9-7.9 times advertising costs.
2) Advertising with "concentration" themes may increase awareness but its effects on crashes involving young drivers are unclear.
3) Investments of 540 average monthly advertising targets for speed/concentration themes and 800 for drink-driving are estimated to reduce crashes cost-effectively. Higher investments provide diminishing returns.
4) The impacts of advertising without enforcement links
AVSS & The Institute for Drone Technology™ joint report government regulation...Paul New
Drones will fail. Drones will crash. Drones will hit humans. Drones will “fly-away”. Birds will interfere
with drones. Drones will be lost. Pilots and software will make errors.
This is the drone reality.
However, regardless of the potential risk factors involved with their operation, drones do provide
citizens, businesses, industries, and governments with tremendous value.
Furthermore, in many cases, drones provide a safer alternative to traditional manned aircraft
applications or civilian labour such as in oil and gas and mining inspection services.
Therefore, AVSS and The Institute for Drone Technology believe the challenge of the emerging drone
technologies is not to detect, exclude, or avoid the use of drones, but to determine how we can
safely utilize this growing and beneficial technology.
El documento habla sobre la medición del tiempo y cómo está relacionada con los movimientos de la Tierra. Explica que la Tierra gira sobre su eje una vez cada día y que esto es lo que determina si es de día o de noche en cada lugar. También cubre los formatos de 12 y 24 horas para indicar la hora, y lista los meses del año y las estaciones.
NEW LAWSUITS AND INTEREST GROUP CONCERNS KEEP CSA CONTROVERSIES BREWINGWalt Metz
Back in February I wrote a comprehensive review of Compliance, Safety, Accountability (“CSA”), the safety compliance monitoring program administered by the Federal Motor Carrier Safety Administration (“FMCSA”). Since then I have written three articles updating the constantly changing CSA landscape. My most recent CSA update was published in the July, 2012 edition of The Transportation Lawyer, a quarterly legal journal by the Transportation Lawyers of America, entitled “Recent Developments Show CSA Continues to be a Work in Progress”. At the conclusion of that latest article I said, that “[t]he implementation of CSA will be ongoing for the near future … The process has already been much slower than many would like, has not been without controversy and will likely generate new controversy. Stay tuned!” It did not take long before the filing of two major lawsuits and other developments called for yet another update article, this article entitled: “New Lawsuits and Interest Group Concerns Keep CSA Controversies Brewing”. CSA continues to be a controversial work in progress and this article summarizes the two new lawsuits and the other controversies that have recently arisen over CSA and the related Pre-Employment Screening Program (PSP).
Laurie Wilson, Manager, Infrastructure & Engineering, RISSB joins us for an in-depth look at the nature and
significance of derailments in Australia. He discusses the progress made over the last decade and the opportunities that
exist to learn from investigations in order to improve the system and ensure rail remains one of the safest forms of transport.
Cyber-insurance and liability caps proposed as incentives by Department of Co...David Sweigert
It is important to note that while the incentives study was required within 120 days of the date of EO 13636, the preliminary version of the Framework is required within 240 days of the date of EO 13636. In addition, DHS will be establishing a voluntary program to support Framework adoption within 365 days of the signing of EO 13636. This report is limited by the current understanding of what the Framework will entail and would benefit from more specifics to inform the analysis and recommendation of the incentives designed for promoting its adoption. For example, knowledge of the Framework would allow the cost of Framework adoption to be quantified. Since the Framework is still under development, this was not possible, and so the incentives considered were evaluated at a more general level with the understanding that the analysis would be updated as needed as the Framework is developed. Since the Framework is still in development at the time of this writing, the incentives that are intended to promote its adoption were assessed prospectively, in terms of the likelihood that they will motivate organizations to adopt the Framework in the future. It is expected that the most effective incentives will not only promote adoption of the Framework.
Wireless Communication, Sensing and REM: A Security PerspectiveIRJET Journal
The document discusses wireless communication security perspectives and proposes a method for detecting Sybil attacks in vehicular ad hoc networks (VANETs). It begins by introducing VANETs and the security issues they face, such as Sybil attacks where an attacker generates multiple fake identities. The proposed method is called Improved RSSI-Based Sybil Detection (IRSD) which uses received signal strength indicator (RSSI) time series to compare similarities between received signals and detect Sybil attacks. The method provides distributed detection without relying on position or distance calculations based on average RSSI values. The document concludes the IRSD method can effectively detect Sybil attacks in VANETs and prevent miscommunication compared to other existing methods.
The World Economic Forum convened representatives from various sectors to discuss strategies for reducing risks from natural disasters through collaboration. Discussion groups proposed ideas for improving infrastructure, insurance, investing in resilience, and more. Key recommendations included establishing infrastructure risk assessment standards; using catastrophe bonds to spread infrastructure risks; requiring redundancy for critical systems; and incentives for retrofitting vulnerable infrastructure. Financial institutions could also help by making catastrophe insurance mandatory for loans and tying terms/premiums to mitigation measures.
This document provides an evaluation of road safety television advertising campaigns conducted by the Transport Accident Commission (TAC) in Victoria between 1989-1992. It finds:
1) TAC advertising supporting speed and alcohol enforcement programs is linked to reductions in casualty crashes, with estimated benefits in reduced costs 3.9-7.9 times advertising costs.
2) Advertising with "concentration" themes may increase awareness but its effects on crashes involving young drivers are unclear.
3) Investments of 540 average monthly advertising targets for speed/concentration themes and 800 for drink-driving are estimated to reduce crashes cost-effectively. Higher investments provide diminishing returns.
4) The impacts of advertising without enforcement links
AVSS & The Institute for Drone Technology™ joint report government regulation...Paul New
Drones will fail. Drones will crash. Drones will hit humans. Drones will “fly-away”. Birds will interfere
with drones. Drones will be lost. Pilots and software will make errors.
This is the drone reality.
However, regardless of the potential risk factors involved with their operation, drones do provide
citizens, businesses, industries, and governments with tremendous value.
Furthermore, in many cases, drones provide a safer alternative to traditional manned aircraft
applications or civilian labour such as in oil and gas and mining inspection services.
Therefore, AVSS and The Institute for Drone Technology believe the challenge of the emerging drone
technologies is not to detect, exclude, or avoid the use of drones, but to determine how we can
safely utilize this growing and beneficial technology.
This document summarizes discussions from a working session with insurance industry participants on potential approaches to advance the first-party cybersecurity insurance market. Key topics discussed included: 1) Developing a cyber incident data repository to facilitate anonymized sharing of cyber incident information between organizations to help build actuarial data and inform best practices; 2) Conducting cyber incident consequence analytics to help insurance carriers understand critical infrastructure impacts and dependencies to better assess risk; and 3) Promoting enterprise risk management approaches to cyber risk to help organizations better address this risk holistically. Participants provided input on requirements, challenges, and next steps for each topic.
Ga discussion,1. The concept in the study is positioning the natDustiBuckner14
Ga discussion,
1. The concept in the study is positioning the nation’s largest auto insurer, State Farm, as the most safety-conscious insurer by providing funds for communities to further research their dangerous intersections and initiate improvement based on the research. The constructs in the study are:
· Granting $20,000 to every city with a dangerous intersection on the overall list to defray the cost of a comprehensive traffic engineering study of the intersection.
· Granting $100,000 to each city named to the national top 10 dangerous intersection list to defray some of the cost of making improvements.
Sabirov states, “… a concept is a complex of views on something phenomena related to each other and forming an interconnected system; it is a certain way of understanding, interpreting any phenomena in some field” (2021, p. 7).
2. A hypothesis that might drive the research of one of the cities on the top 10 dangerous intersection list is the number of fatal incidents that have occurred at the intersection. “The formulation of a hypothesis provides a study with focus. It tells what specific aspects of a research problem to investigate, what data to be collected, and what not are to be collected, thereby providing focus are to be the study. As it provides a focus, the construction of a hypothesis enhances objectivity in a study” (Pawar, 2019, p. 3).
3. State Farm’s research uses a multiple-methodology design. Data is collected from State Farm’s databases and internal incident reports, and information is gathered from the industry market share. Čančer explains that a multi-methodology, “… uses more than one quantitative and/or qualitative method or methodology in tackling some real-world problem” (2017, p. 3).
4. If I were representing State Farm and was given the task of reviewing feedback from the transportation engineers, I would listen to what is being said without any prejudgments. Their concerns would be acknowledged and given a chance to be considered. “… feedback is defined as “perspectives, feelings, and opinions individuals have about their experiences with an organization, product, or service that are used to inform and improve the practice and decision-making of that organization” (Nolan, 2019, p. 2). The first concern of the transportation engineers is the demand for immediate solutions. It would be addressed by stating that the purpose of this study is to improve dangerous intersections. It is a process that cannot be rushed, and an immediate solution would be given when research is finished. The transportation engineers’ second concern of accidents with injuries and deaths to be given more attention is understandable and would be considered for research. “It is the glory of God to conceal a thing: but the honour of kings is to search out a matter” (King James Bible, 2017, Proverbs 25:2).
5. Traffic volume counts would be part of the 2003 study. Some jurisdictions were upset that it wasn’t initially included in the study. An e ...
Building on incident management metrics to support Executive Order 13636David Sweigert
This document discusses the need for better coordination between critical infrastructure operators and emergency management entities to improve response to severe cyber incidents. It proposes including metrics in the Cybersecurity Framework to measure communication linkages between these groups. Specifically, it suggests a metric to evaluate whether formal interfaces have been established for conducting cross-organizational incident management activities and information sharing. Improving these linkages could help critical infrastructure organizations better address challenges like cascading failures and fulfill objectives of directives like Presidential Policy Directive 21.
2Cloud computing threats One of the biggest challenges informa.docxlorainedeserre
2
Cloud computing threats
One of the biggest challenges information security leaders have is being able to effectively communicate the value of their team’s efforts across the organization .Here the ability to accurately report on their organization’s state of security and communicate the benefits of a proactive security effort in a language the rest of the organization can understand. This session will draw from the experience of seasoned CISOs with proven track records in enabling core business objectives by influencing key stakeholders in the organization. These risk and information security leaders will share their advice on how to effectively create and demonstrate security’s value. The security function is often seen as doing security for its own sake, rather than for the benefit of the business, and so misses the point of security entirely which is about managing risk to acceptable levels.
The security function all too often acts in a condescending manner thinking it knows what is best for the business when in fact it is just one of the various functions in which they have the organizations for business decisions. Business executives are far more interested in what is happening with information security than ever, thanks to a plethora of high-profile, very visible breaches and security incidents.
In recent years the level of attention paid to cybersecurity issues by organizations has skyrocketed. Cyber risk is now a board-level concern, and IT security budgets have risen accordingly. Despite the increased attention, it is not clear whether firms have become more sophisticated in how they manage cyber risks. Historically, most firms have made cybersecurity investment decisions by adhering to industry best practices, without necessarily developing a detailed understanding of their overall cyber risk first. Risk management is predicated on risk quantification, and many researchers have attempted to quantify cyber risks using quantitative metrics such as return on investment.
Components
Transportation management centers (TMCs)
Ramp metering
Incident management
Motorist assistance systems
Communications systems
Radio communications
Changeable message signs (CMSs)
1
Transportation management centers
Organization
Combine traffic operations personnel with law enforcement
and dispatch
Locally, joint Caltrans-CHP operation
Functions
Traffic surveillance
Incident management
Data collection
Other FMS functions (e. g. ramp metering, CCTV systems, I-
15 Express Lanes Operation)
2
The San Diego Regional Transportation Management Center
(CHP Border Communications Center)
QUESTION: WHY DO WE NEED TMC?
ANSWER: TRAFFIC
CHP/Caltrans Joint Operation
The CHP is responsible for state highway incident
management and law enforcement, and Caltrans, for
the operation and management of the state highway
system.
Both departments remain permanent and equal
partners in each TM ...
Concepts On Information Sharing And Interoperability Contestabile Final 03 0...jcontestabile
This paper addresses a conceptual framework for sharing information across jurisdictions, agencies and public safety disciplines. It was developed as part of the NCR jurisdictions (i.e. Maryland, Virginia, and the District of Columbia) interoperable communications programs. The paper explores why information sharing is important to successfully dealing with large scale events and how a lack of public safety communications systems interoperability is a major impediment. It describes a how a conceptual framework of information layers (i.e. the Data, Integration and Presentation layers) is useful to developing solutions to the lack of interoperability.
This technical report from the National Highway Traffic Safety Administration examines pedestrian and bicyclist crash rates involving hybrid electric vehicles (HEVs) compared to internal combustion engine (ICE) vehicles using state crash data from 2000-2007. The report finds that HEVs have higher crash rates than ICE vehicles in certain scenarios, particularly when vehicles are slowing, stopping, backing up or entering/leaving parking spaces. It also finds higher bicyclist crash rates for HEVs at intersections. However, most crashes for both HEVs and ICE vehicles occurred on roadways with speed limits of 35 mph or less, during daylight in clear weather. The small sample size limits detailed analysis, but the results suggest HEVs may pose greater risks
This technical report from the National Highway Traffic Safety Administration examines pedestrian and bicyclist crash rates involving hybrid electric vehicles (HEVs) compared to internal combustion engine (ICE) vehicles using state crash data from 2000-2007. The report finds that HEVs have higher crash rates than ICE vehicles in certain scenarios, particularly when vehicles are slowing, stopping, backing up or entering/leaving parking spaces. It also finds higher bicyclist crash rates for HEVs at intersections. However, most crashes for both HEVs and ICE vehicles occurred on roadways with speed limits of 35 mph or less, during daylight in clear weather. The small sample size is a limitation, and future analysis with more data could provide more detailed results
Autonomous Vehicles and Embedded Artificial Intelligence The Challenges of F...Meenakshi Munjal
This document discusses the challenges of framing machine driving decisions in autonomous vehicles. It argues that autonomous vehicles have the potential to reduce risks associated with human error, but that they also present new risks due to limitations in artificial intelligence's ability to make morally and ethically complex decisions that humans can make. The document calls for more scrutiny of how autonomous vehicle decision-making capacity is conceptually framed in order to better understand both the risks and benefits of the technology.
The NAIC held its spring meeting in San Diego. Key topics discussed included:
1) Insurers will now be required to disclose their practices relating to climate change through a mandatory survey beginning in 2010. This follows testimony by the Wisconsin Insurance Commissioner to the Senate on NAIC climate change activities.
2) Regulators are scrutinizing rating agencies more closely and have advanced plans to survey them on issues of concern. The NAIC is also exploring creating its own rating agency.
3) Upcoming items to be addressed at the summer meeting include proposals relating to capital and surplus relief, credit scoring, and changes to the catastrophe modeling handbook.
Shippers Warehouse In News Smc3 August 2010 Ib 08 13 10BillStankiewicz
- The Federal Motor Carrier Safety Administration announced updates to its CSA 2010 program to better identify carriers with safety issues, including changes to how vehicle exposure is measured.
- FMCSA also plans to eliminate the "registrant-only" DOT number classification due to issues of safety events being incorrectly assigned.
- The average U.S. diesel price rose slightly to $2.928/gallon but is expected to increase further by the end of 2011. Transportation Secretary LaHood encouraged truck drivers to help combat distracted driving.
Green Marine Solutions is a marine assurance consulting company. The document discusses the importance of marine assurance for the offshore wind industry. It explains that marine assurance helps minimize risks and ensure safety, which is important for obtaining insurance certification. However, the document questions whether enough marine assurance processes are in place during the operations and maintenance phase of offshore wind projects, as they transition from the construction phase. Green Marine Solutions believes sharing best practices in marine assurance across the industry could help standardize processes and further reduce risks during long-term operations.
Big data refers to the massively increasing volume, velocity and granularity of data sets that are being accessed and linked. Insurers currently use data to determine pricing and identify relevant risk factors, but have varying levels of freedom in how they translate data into premiums. Increased analysis of big data has the potential to significantly refine risk pooling and pricing. This will allow insurers to better understand individual risks, provide more tailored products, and use price signals to encourage risk reduction. However, it may also lead to issues around affordability, privacy, and the risk profiles of some consumers becoming more transparent. Government will need to consider these implications and how to protect consumers.
This document presents a 7-stage framework for analyzing and improving near-miss management programs in the chemical process industry. Near-misses are unplanned incidents that do not result in injury or damage but have the potential to. The framework involves identifying near-misses, reporting them, analyzing causes, determining and disseminating solutions, and ensuring resolutions. Effective near-miss programs encourage employee involvement and can improve safety by addressing accident precursors before harm occurs.
Connected Vehicles—Insurance: The Business of Preventing Crashes Andreas Mai
Connected vehicles have the potential to significantly reduce costs for the insurance industry and society by preventing crashes. Insurance companies can track driver behavior through telematics devices to better price premiums, with some offering pay-as-you-drive and pay-how-you-drive models. Connected vehicle technologies may be able to prevent up to 80% of crashes through features like collision avoidance systems and vehicle-to-vehicle communication. A unified in-vehicle connectivity platform could further reduce insurance operating costs and unlock additional value of over $380 per connected vehicle annually for insurance providers.
Fraud Analysis and Other Applications of Unsupervised Learning in Property an...Salford Systems
This document discusses applications of unsupervised learning techniques, such as clustering, in property and casualty insurance fraud analysis. It reviews classic clustering methods and introduces two new techniques, Random Forest and PRIDIT. The document applies these techniques to an automobile insurance fraud dataset to group fraudulent and abusive claims. It aims to develop models that can identify fraud patterns without needing pre-classified examples.
The document discusses risk assessment and management in port safety. It describes the three main activities: 1) assessing risk in terms of probability and consequences, 2) managing risk through options and tradeoffs, and 3) considering the impact of decisions on future risks. Several analytical tools are used for risk assessment, including fault tree analysis, event tree analysis, and failure modes and effects analysis. Safety indicators like accidents and precursors (near misses) are also discussed. The value of preventing human losses through willingness to pay approaches is covered. Accidents can have wider effects beyond direct costs through changes in public behavior or organizational decisions.
1) The FMCSA's CSA program aims to improve motor carrier safety monitoring and ratings. It began as a pilot in 2008 and will complete implementation in 2012 with new rules determining safety ratings based solely on carriers' own safety data.
2) Currently, CSA uses SMS methodology to monitor carriers and identify those needing intervention. It compares carriers' inspection data across seven BASICs categories. This data and percentile rankings are public but crash and cargo data are not.
3) Upcoming rules will base safety ratings (Fit/Unfit designations) solely on carriers' individual SMS data, eliminating the need for on-site reviews. This will make ratings more current and responsive to carriers' true safety
This document discusses using Bayesian networks and BayesiaLab software to analyze vehicle size, weight, and injury risk. It aims to provide insights into this topic while avoiding limitations of traditional statistical methods. The document introduces the problem domain, outlines considerations for the analysis approach, and describes the proposed workflow of exploratory analysis, modeling injury severity, and performing causal inference.
MDOT US-23 Plans Environmental Assessment Update, Full Document, January 2015JGNelson
This is MDOT's Environmental Impact study and their current proposal for improving US-23 between the M-14 interchange and Silver Lake Road. A public hearing on February 26, 2015 will provide the public an opportunity to comment and speak with MDOT traffic engineers and officials.
Trucking Regulatory and Legislative Developments 2013Walt Metz
The document summarizes recent developments regarding hours of service regulations and the Compliance, Safety, Accountability (CSA) program in the mid-2013 timeframe. Regarding hours of service, the American Trucking Associations lawsuit challenging changes to the rules was largely unsuccessful, though the 30-minute break requirement was overturned for short-haul drivers. The CSA Advisory Subcommittee issued recommendations on how to improve the CSA program, including whether to include non-preventable crashes in scoring and whether to publicly display certain scores. Additionally, a lawsuit was filed challenging FMCSA guidance on the use of CSA data by shippers, brokers, and insurers.
More Related Content
Similar to Metz July 2012 Trans Lawyer Article On CSA Developments
This document summarizes discussions from a working session with insurance industry participants on potential approaches to advance the first-party cybersecurity insurance market. Key topics discussed included: 1) Developing a cyber incident data repository to facilitate anonymized sharing of cyber incident information between organizations to help build actuarial data and inform best practices; 2) Conducting cyber incident consequence analytics to help insurance carriers understand critical infrastructure impacts and dependencies to better assess risk; and 3) Promoting enterprise risk management approaches to cyber risk to help organizations better address this risk holistically. Participants provided input on requirements, challenges, and next steps for each topic.
Ga discussion,1. The concept in the study is positioning the natDustiBuckner14
Ga discussion,
1. The concept in the study is positioning the nation’s largest auto insurer, State Farm, as the most safety-conscious insurer by providing funds for communities to further research their dangerous intersections and initiate improvement based on the research. The constructs in the study are:
· Granting $20,000 to every city with a dangerous intersection on the overall list to defray the cost of a comprehensive traffic engineering study of the intersection.
· Granting $100,000 to each city named to the national top 10 dangerous intersection list to defray some of the cost of making improvements.
Sabirov states, “… a concept is a complex of views on something phenomena related to each other and forming an interconnected system; it is a certain way of understanding, interpreting any phenomena in some field” (2021, p. 7).
2. A hypothesis that might drive the research of one of the cities on the top 10 dangerous intersection list is the number of fatal incidents that have occurred at the intersection. “The formulation of a hypothesis provides a study with focus. It tells what specific aspects of a research problem to investigate, what data to be collected, and what not are to be collected, thereby providing focus are to be the study. As it provides a focus, the construction of a hypothesis enhances objectivity in a study” (Pawar, 2019, p. 3).
3. State Farm’s research uses a multiple-methodology design. Data is collected from State Farm’s databases and internal incident reports, and information is gathered from the industry market share. Čančer explains that a multi-methodology, “… uses more than one quantitative and/or qualitative method or methodology in tackling some real-world problem” (2017, p. 3).
4. If I were representing State Farm and was given the task of reviewing feedback from the transportation engineers, I would listen to what is being said without any prejudgments. Their concerns would be acknowledged and given a chance to be considered. “… feedback is defined as “perspectives, feelings, and opinions individuals have about their experiences with an organization, product, or service that are used to inform and improve the practice and decision-making of that organization” (Nolan, 2019, p. 2). The first concern of the transportation engineers is the demand for immediate solutions. It would be addressed by stating that the purpose of this study is to improve dangerous intersections. It is a process that cannot be rushed, and an immediate solution would be given when research is finished. The transportation engineers’ second concern of accidents with injuries and deaths to be given more attention is understandable and would be considered for research. “It is the glory of God to conceal a thing: but the honour of kings is to search out a matter” (King James Bible, 2017, Proverbs 25:2).
5. Traffic volume counts would be part of the 2003 study. Some jurisdictions were upset that it wasn’t initially included in the study. An e ...
Building on incident management metrics to support Executive Order 13636David Sweigert
This document discusses the need for better coordination between critical infrastructure operators and emergency management entities to improve response to severe cyber incidents. It proposes including metrics in the Cybersecurity Framework to measure communication linkages between these groups. Specifically, it suggests a metric to evaluate whether formal interfaces have been established for conducting cross-organizational incident management activities and information sharing. Improving these linkages could help critical infrastructure organizations better address challenges like cascading failures and fulfill objectives of directives like Presidential Policy Directive 21.
2Cloud computing threats One of the biggest challenges informa.docxlorainedeserre
2
Cloud computing threats
One of the biggest challenges information security leaders have is being able to effectively communicate the value of their team’s efforts across the organization .Here the ability to accurately report on their organization’s state of security and communicate the benefits of a proactive security effort in a language the rest of the organization can understand. This session will draw from the experience of seasoned CISOs with proven track records in enabling core business objectives by influencing key stakeholders in the organization. These risk and information security leaders will share their advice on how to effectively create and demonstrate security’s value. The security function is often seen as doing security for its own sake, rather than for the benefit of the business, and so misses the point of security entirely which is about managing risk to acceptable levels.
The security function all too often acts in a condescending manner thinking it knows what is best for the business when in fact it is just one of the various functions in which they have the organizations for business decisions. Business executives are far more interested in what is happening with information security than ever, thanks to a plethora of high-profile, very visible breaches and security incidents.
In recent years the level of attention paid to cybersecurity issues by organizations has skyrocketed. Cyber risk is now a board-level concern, and IT security budgets have risen accordingly. Despite the increased attention, it is not clear whether firms have become more sophisticated in how they manage cyber risks. Historically, most firms have made cybersecurity investment decisions by adhering to industry best practices, without necessarily developing a detailed understanding of their overall cyber risk first. Risk management is predicated on risk quantification, and many researchers have attempted to quantify cyber risks using quantitative metrics such as return on investment.
Components
Transportation management centers (TMCs)
Ramp metering
Incident management
Motorist assistance systems
Communications systems
Radio communications
Changeable message signs (CMSs)
1
Transportation management centers
Organization
Combine traffic operations personnel with law enforcement
and dispatch
Locally, joint Caltrans-CHP operation
Functions
Traffic surveillance
Incident management
Data collection
Other FMS functions (e. g. ramp metering, CCTV systems, I-
15 Express Lanes Operation)
2
The San Diego Regional Transportation Management Center
(CHP Border Communications Center)
QUESTION: WHY DO WE NEED TMC?
ANSWER: TRAFFIC
CHP/Caltrans Joint Operation
The CHP is responsible for state highway incident
management and law enforcement, and Caltrans, for
the operation and management of the state highway
system.
Both departments remain permanent and equal
partners in each TM ...
Concepts On Information Sharing And Interoperability Contestabile Final 03 0...jcontestabile
This paper addresses a conceptual framework for sharing information across jurisdictions, agencies and public safety disciplines. It was developed as part of the NCR jurisdictions (i.e. Maryland, Virginia, and the District of Columbia) interoperable communications programs. The paper explores why information sharing is important to successfully dealing with large scale events and how a lack of public safety communications systems interoperability is a major impediment. It describes a how a conceptual framework of information layers (i.e. the Data, Integration and Presentation layers) is useful to developing solutions to the lack of interoperability.
This technical report from the National Highway Traffic Safety Administration examines pedestrian and bicyclist crash rates involving hybrid electric vehicles (HEVs) compared to internal combustion engine (ICE) vehicles using state crash data from 2000-2007. The report finds that HEVs have higher crash rates than ICE vehicles in certain scenarios, particularly when vehicles are slowing, stopping, backing up or entering/leaving parking spaces. It also finds higher bicyclist crash rates for HEVs at intersections. However, most crashes for both HEVs and ICE vehicles occurred on roadways with speed limits of 35 mph or less, during daylight in clear weather. The small sample size limits detailed analysis, but the results suggest HEVs may pose greater risks
This technical report from the National Highway Traffic Safety Administration examines pedestrian and bicyclist crash rates involving hybrid electric vehicles (HEVs) compared to internal combustion engine (ICE) vehicles using state crash data from 2000-2007. The report finds that HEVs have higher crash rates than ICE vehicles in certain scenarios, particularly when vehicles are slowing, stopping, backing up or entering/leaving parking spaces. It also finds higher bicyclist crash rates for HEVs at intersections. However, most crashes for both HEVs and ICE vehicles occurred on roadways with speed limits of 35 mph or less, during daylight in clear weather. The small sample size is a limitation, and future analysis with more data could provide more detailed results
Autonomous Vehicles and Embedded Artificial Intelligence The Challenges of F...Meenakshi Munjal
This document discusses the challenges of framing machine driving decisions in autonomous vehicles. It argues that autonomous vehicles have the potential to reduce risks associated with human error, but that they also present new risks due to limitations in artificial intelligence's ability to make morally and ethically complex decisions that humans can make. The document calls for more scrutiny of how autonomous vehicle decision-making capacity is conceptually framed in order to better understand both the risks and benefits of the technology.
The NAIC held its spring meeting in San Diego. Key topics discussed included:
1) Insurers will now be required to disclose their practices relating to climate change through a mandatory survey beginning in 2010. This follows testimony by the Wisconsin Insurance Commissioner to the Senate on NAIC climate change activities.
2) Regulators are scrutinizing rating agencies more closely and have advanced plans to survey them on issues of concern. The NAIC is also exploring creating its own rating agency.
3) Upcoming items to be addressed at the summer meeting include proposals relating to capital and surplus relief, credit scoring, and changes to the catastrophe modeling handbook.
Shippers Warehouse In News Smc3 August 2010 Ib 08 13 10BillStankiewicz
- The Federal Motor Carrier Safety Administration announced updates to its CSA 2010 program to better identify carriers with safety issues, including changes to how vehicle exposure is measured.
- FMCSA also plans to eliminate the "registrant-only" DOT number classification due to issues of safety events being incorrectly assigned.
- The average U.S. diesel price rose slightly to $2.928/gallon but is expected to increase further by the end of 2011. Transportation Secretary LaHood encouraged truck drivers to help combat distracted driving.
Green Marine Solutions is a marine assurance consulting company. The document discusses the importance of marine assurance for the offshore wind industry. It explains that marine assurance helps minimize risks and ensure safety, which is important for obtaining insurance certification. However, the document questions whether enough marine assurance processes are in place during the operations and maintenance phase of offshore wind projects, as they transition from the construction phase. Green Marine Solutions believes sharing best practices in marine assurance across the industry could help standardize processes and further reduce risks during long-term operations.
Big data refers to the massively increasing volume, velocity and granularity of data sets that are being accessed and linked. Insurers currently use data to determine pricing and identify relevant risk factors, but have varying levels of freedom in how they translate data into premiums. Increased analysis of big data has the potential to significantly refine risk pooling and pricing. This will allow insurers to better understand individual risks, provide more tailored products, and use price signals to encourage risk reduction. However, it may also lead to issues around affordability, privacy, and the risk profiles of some consumers becoming more transparent. Government will need to consider these implications and how to protect consumers.
This document presents a 7-stage framework for analyzing and improving near-miss management programs in the chemical process industry. Near-misses are unplanned incidents that do not result in injury or damage but have the potential to. The framework involves identifying near-misses, reporting them, analyzing causes, determining and disseminating solutions, and ensuring resolutions. Effective near-miss programs encourage employee involvement and can improve safety by addressing accident precursors before harm occurs.
Connected Vehicles—Insurance: The Business of Preventing Crashes Andreas Mai
Connected vehicles have the potential to significantly reduce costs for the insurance industry and society by preventing crashes. Insurance companies can track driver behavior through telematics devices to better price premiums, with some offering pay-as-you-drive and pay-how-you-drive models. Connected vehicle technologies may be able to prevent up to 80% of crashes through features like collision avoidance systems and vehicle-to-vehicle communication. A unified in-vehicle connectivity platform could further reduce insurance operating costs and unlock additional value of over $380 per connected vehicle annually for insurance providers.
Fraud Analysis and Other Applications of Unsupervised Learning in Property an...Salford Systems
This document discusses applications of unsupervised learning techniques, such as clustering, in property and casualty insurance fraud analysis. It reviews classic clustering methods and introduces two new techniques, Random Forest and PRIDIT. The document applies these techniques to an automobile insurance fraud dataset to group fraudulent and abusive claims. It aims to develop models that can identify fraud patterns without needing pre-classified examples.
The document discusses risk assessment and management in port safety. It describes the three main activities: 1) assessing risk in terms of probability and consequences, 2) managing risk through options and tradeoffs, and 3) considering the impact of decisions on future risks. Several analytical tools are used for risk assessment, including fault tree analysis, event tree analysis, and failure modes and effects analysis. Safety indicators like accidents and precursors (near misses) are also discussed. The value of preventing human losses through willingness to pay approaches is covered. Accidents can have wider effects beyond direct costs through changes in public behavior or organizational decisions.
1) The FMCSA's CSA program aims to improve motor carrier safety monitoring and ratings. It began as a pilot in 2008 and will complete implementation in 2012 with new rules determining safety ratings based solely on carriers' own safety data.
2) Currently, CSA uses SMS methodology to monitor carriers and identify those needing intervention. It compares carriers' inspection data across seven BASICs categories. This data and percentile rankings are public but crash and cargo data are not.
3) Upcoming rules will base safety ratings (Fit/Unfit designations) solely on carriers' individual SMS data, eliminating the need for on-site reviews. This will make ratings more current and responsive to carriers' true safety
This document discusses using Bayesian networks and BayesiaLab software to analyze vehicle size, weight, and injury risk. It aims to provide insights into this topic while avoiding limitations of traditional statistical methods. The document introduces the problem domain, outlines considerations for the analysis approach, and describes the proposed workflow of exploratory analysis, modeling injury severity, and performing causal inference.
MDOT US-23 Plans Environmental Assessment Update, Full Document, January 2015JGNelson
This is MDOT's Environmental Impact study and their current proposal for improving US-23 between the M-14 interchange and Silver Lake Road. A public hearing on February 26, 2015 will provide the public an opportunity to comment and speak with MDOT traffic engineers and officials.
Similar to Metz July 2012 Trans Lawyer Article On CSA Developments (20)
Trucking Regulatory and Legislative Developments 2013Walt Metz
The document summarizes recent developments regarding hours of service regulations and the Compliance, Safety, Accountability (CSA) program in the mid-2013 timeframe. Regarding hours of service, the American Trucking Associations lawsuit challenging changes to the rules was largely unsuccessful, though the 30-minute break requirement was overturned for short-haul drivers. The CSA Advisory Subcommittee issued recommendations on how to improve the CSA program, including whether to include non-preventable crashes in scoring and whether to publicly display certain scores. Additionally, a lawsuit was filed challenging FMCSA guidance on the use of CSA data by shippers, brokers, and insurers.
The document is a court case summary regarding a dispute over the deposition of an in-house counsel. It discusses the following key points:
1. The plaintiffs sought to depose the defendant's in-house counsel regarding pre-litigation matters. The magistrate judge allowed this but the defendant objected.
2. The district court found that the magistrate judge erred by not applying the three-part test from Shelton v. Am. Motors Corp for determining if opposing counsel can be deposed. This test should also apply to attempts to depose in-house counsel.
3. While some courts had only applied the Shelton test to depositions of trial counsel, the rationale for the test, such as protecting
The document provides a mid-year report on significant regulatory, legislative, and litigation developments for the trucking industry in 2013. Key points include:
- The U.S. Court of Appeals upheld the FMCSA's 2011 changes to hours of service regulations, except for exempting short-haul drivers from rest break requirements.
- An advisory committee recommended making some CSA safety score categories private until data issues are resolved, as carriers have challenged the validity and use of CSA data in ongoing litigation to be heard in September.
- The U.S. Supreme Court ruled that portions of the Port of Los Angeles' clean truck program regulating drayage operators violate federal preemption law.
The Supreme Court of Nebraska reversed the decision of the district court in a case challenging the constitutionality of a statute governing the calculation of taxes to fund education for students in non-high school districts. The Supreme Court found that: (1) the district court order finding the statute unconstitutional was a final, appealable order; (2) the case could not proceed as a class action due to conflicts of interest among class members; and (3) the plaintiffs were estopped from challenging the constitutionality of the statute since they utilized the statutory process for appealing the tax levy. The case was remanded to the district court for further proceedings.
The court affirmed the trial court's granting of summary judgment in favor of the defendants. The court found that there was no genuine issue of material fact regarding whether the special employer doctrine applied. Under the special employer doctrine, an employee can be considered simultaneously employed by both their primary employer and any other employer to whom their services were loaned, if three conditions are met: (1) an express or implied contract with the special employer; (2) the work being done is essentially for the special employer; and (3) the special employer has the right to control the work details. The court determined all three conditions were met, making the defendant the plaintiff's special employer and entitling the defendant to workers' compensation immunity.
Walt Metz is an experienced in-house legal counsel for transportation and supply chain companies. He has held roles as General Counsel and Vice President of Legal for several large companies. His experience includes establishing legal departments, facilitating acquisitions and financings, resolving complex litigation matters, and advising on transactions and regulatory compliance. Currently he works as a private legal consultant to transportation businesses.
Walt Metz is an experienced general counsel, corporate secretary, and business partner with over 25 years of experience advising companies in transportation, logistics, and warehousing industries. He has held in-house counsel roles at several large companies, establishing the first legal department at Americold Realty Trust and facilitating major transactions. Currently working as an independent consultant, Metz is seeking a new career challenge utilizing his skills in litigation management, risk management, M&A, and strategic planning.
Walt Metz is an experienced attorney with over 25 years of experience working in-house as general counsel for transportation and logistics companies. He has received glowing recommendations from over 15 former colleagues who praise his legal expertise, work ethic, problem-solving skills, and ability to understand both business and legal issues. Recommenders held positions such as general counsel, CEO, and partner at major law firms, and they recommend Walt highly for his integrity, diligence, and value as a trusted advisor.
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Walt Metz Articles, Presentations and DecisionsWalt Metz
The document profiles Walter Metz, an in-house transportation lawyer. It lists his contact information and provides a biography describing his extensive experience working as general counsel for large transportation and logistics companies. The document also lists numerous articles, presentations and published appellate decisions authored by Mr. Metz relating to transportation law topics.
Walt metz case -ewing v. board of equalizationWalt Metz
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise causes chemical changes in the brain that may help boost feelings of calmness, happiness and focus.
The document summarizes an upcoming Counsel to Counsel Forum on aligning litigation strategy, budget, and support. The forum will take place on May 13, 2010 in Miami, FL and discuss topics such as cost-efficient approaches to working with outside counsel, dealing with discovery issues, and using case assessments. Co-chairs Walt Metz and Suzie Brown Vazquez will lead discussions on creating metrics to measure litigation and handling complex cases. The event is free for corporate counsel but space is limited.
Metz July 2012 Trans Lawyer Article On CSA Developments
1. THE
TRANSPORTATION
LAWYER
July 2012 Volume 14, Number 1
A Joint Publication of
TRANSPORTATION
LAWYERS ASSOCIATION
SEPTEMBER 6, 2012
TLA WEBINAR
PRETRIAL AND TRIAL PRACTICE FOR CARGO LITIGATORS:
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SEPTEMBER 26-29, 2012
2012 CTLA ANNUAL CONFERENCE
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NOVEMBER 9, 2012 TRANSPORT LAWYERS’
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JANUARY 25, 2013
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2. CONTINUES TO BE A WORK IN PROGRESS
Walter R. Metz, Jr.*
disclose the number of fatal accidents The July change replaces the
in which a carrier has been involved category of “Injuries/Fatalities” by pro-
separately from the “injuries/crashes” viding separate numbers for accidents
in a carrier’s SMS information cat- involving fatalities and those involv-
egory. The separate fatality accident ing non-fatal injuries. The FMCSA
data breakout change was scheduled described the reason for the sepa-
to be made public later this year, as rate breakout of fatality crash data as
part of a slate of FMCSA changes to follows:2
CSA. These changes are discussed in Overview: In the “Summary
There have been some signifi-
more detail below, but the upshot of of Activities” section of a car-
cant developments in Compliance,
Safety, Accountability (“CSA”)1 since the two agency decisions is to allow
rier’s information on SMS
the first of the year, as CSA not only the number of a carrier’s fatal acci-
Website, FMCSA displays a
continues to be a work in progress dents to be highlighted in public view,
count of reportable crashes
but also a good source of contro- while withholding the fault assess-
broken into two categories:
versy. These developments include a ments that could put the raw numbers
“fatal/injury” and “tow away.”
delay by the Federal Motor Carrier of fatal accidents in a different light.
Stakeholders have asked
Safety Administration (“FMCSA”) in Meanwhile, public access to carrier
FMCSA to separate the
implementing a system for assessing scores for the Crash Indicator BASIC
combined “fatality/injury”
carrier responsibility for reportable is also delayed.
category.
crashes, changes or “enhancements”
to the Safety Measurement System Separate Fatality Accident Solution: FMCSA developed
(“SMS”), and further delays in imple- Number Breakout Issue a method to display injury
menting the FMCSA’s plan to use crashes and fatality crashes
The implication of the separate
SMS data in the making of Safety separately.
breakout of fatality accident numbers
Fitness Determinations for carriers. is best seen through an illustration. A Notwithstanding the explanation
These three issues are addressed sepa- public view of an anonymous carrier’s provided by the agency, carriers do not
rately below. “Summary of Activities” under CSA like the fact that the number of fatal
looked like this before the scheduled accidents in which a carrier has been
Crash Indicator involved is now being highlighted,
change (note the last category of
BASIC Changes “Injuries/Fatalities”): regardless of fault.
At the time that this article was
written, controversy was still swirl- Number OOS Rate
ing over the abrupt decision by the Total Inspections: 17,345
FMCSA to delay the planned March Vehicle Inspections: 9,159 14 %
2012 implementation of a system for Driver Inspections: 17,245 1%
assessing fault for reportable crashes
Hazardous Materials Inspections: 788 2%
and then to use the assessments to
HM Placard Inspections: 535 3%
weigh reportable crash data for the
Crash Indicator BASIC. The frustra- Total Crashes: 981
tion over the lack of a fault assessment Tow-aways: 944
process mounted when the FMCSA Injuries/Fatalities: 350
subsequently announced plans to
*Special Legal Projects Counsel (Atlanta, Georgia)
46 TRANSPORTATION LAWYERS ASSOCIATION CANADIAN TRANSPORT LAWYERS’ ASSOCIATION
3. THE TRANSPORTATION LAWYER
TLA Feature Articles
Crash Indicator disabling damage . . . as well as the the Federal Motor Carrier
BASIC Scores and the number of crashes that resulted in an Safety Administration take
injury or fatality to a person involved this approach? This approach
Fault Assessment Delay in the crash” 3 As described by the is taken because data analy-
Although a carrier’s publicly avail- FMCSA, the agency uses all crashes, sis has historically shown
able information on the SMS website regardless of fault, in scoring carriers that motor carriers who are
will now include a separate count of under the Crash Indicator BASIC as involved in crashes, regardless
fatal crashes and injury crashes, the follows:4 of accountability, are likely
FMCSA is still not providing public The structure of the new SMS to be involved in more future
access to a carrier’s Crash Indicator is such that crash account- crashes than carriers who are
BASIC score. This is because of con- ability is not automatically not. Put simply, past crashes
cerns voiced by trucking companies determined or considered. are a good predictor of future
that interested parties, such as ship- In fact, recordable crash crashes.
pers and insurance companies, should reports that States submit to By way of illustration, this is how
not be influenced by Crash Indicator the Federal Motor Carrier the lack of public access to Crash
BASIC scores that do not take into Safety Administration do Indicator BASIC scores was reflected
account fault. At present, the Crash not include an accountability for an anonymous carrier on the
Indicator BASIC scores (currently determination. Consequently, FMCSA website at the time this arti-
unavailable to the public) are based motor carriers are identi- cle was written (note that by the time
upon “reportable accidents” data. This fied for possible intervention this article is published, the changes
data is defined as “[t]he number of based on recordable crashes to the Cargo-Related BASIC discussed
crashes that required at least one vehi- without consideration of in a subsequent section of this article
cle to be towed from the scene due to accountability. Why does would have been made):
BASICs Overview
(Based on a 24-month record ending March 23, 2012) On-Road Investigation BASICs Status
Unsafe Driving 44.7% =
Fatigued Driving (Hours-of-Service) 11.9% =
Driver Fitness 51.7% =
Controlled Substances and Alcohol 25% =
Vehicle Maintenance 58.5% =
Not
Cargo-Related Not Public = Public
Not
Crash Indicator Not Public = Public
*
USE OF SMS DATA/INFORMATION
Until very recently, it appeared evaluating crashes for accountability/ accountability process would be
that the agency’s ultimate goal preventability before they are used cost effective. Administrator Ferro
remained to be the implementation by the SMS in the Crash Indicator indicated that she was hopeful the
of a crash accountability process to BASIC. This would allow FMCSA to further study would shed light on
be used for the Crash Indicator, and better concentrate intervention efforts whether the removal of preventable
that the agency continued to work on motor carriers that have high crashes from a carrier’s crash indicator
on a plan to provide carriers with preventable/accountable crash rates”5 score will help turn the enforcement
an assessment of fault in the crashes However, FMCSA Administrator spotlight “towards companies with
to be used for the Crash Indicator. Anne Ferro disclosed in late April a significantly high crash risk.” The
The agency had stated that the that the agency was studying whether study should be completed by the end
“FMCSA is assessing the feasibility of implementation of an improved crash of the year.6
TRANSPORTATION LAWYERS ASSOCIATION CANADIAN TRANSPORT LAWYERS’ ASSOCIATION 47
4. The crash accountability assess- system could take into account sub- violations from vehicle-only
ment plan, as originally proposed, jective input on individual accidents, inspections.
would have placed primary reliance greater concerns will likely be voiced if 5. More accurately identifying
upon information gleaned from acci- the agency shelves the planned system carriers involved in transport-
dent police reports. The plan would altogether because of Administrator ing HM.
have provided a method of coding Ferro’s expressed concerns that such a
6. More accurately identifying
every interstate motor carrier crash as system may not be cost effective.11
carriers involved in transport-
either “accountable” or “not account-
SMS Enhancements ing passengers.
able” to the motor carrier and the
driver.7 If a carrier was found to be 7. Modifying the SMS display
On March 27, 2012, the FMCSA
without fault in certain reportable to (i) change current termi-
published a Notice in the Federal
accidents, the adverse impact of those nology, (“inconclusive” and
Register entitled “Motor Carriers Can
accidents on the carrier’s score would “insufficient data)” to fact-
Now Preview the First Package of
be diminished through a system of based descriptions and (ii)
SMS Enhancements.”12 It announced
weighing crashes for fault. separate crashes with injuries
the first of a series of changes to be
and crashes with fatalities.
When the FMCSA changed its made to the SMS system up to twice
plans to implement the fault assess- a year. The changes are detailed in Through items 1 and 2 above,
ment system for crash accountability the posted “Foundational Document” the FMCSA has shifted the cargo/
in March, it apparently did so in reac- entitled “Safety Measurement System securement violation data from
tion to concerns voiced by advocates Changes.”13 After extension of the the current BASIC category called
that the system should not have pri- original deadline, the time period for “Cargo Related” into the “Vehicle
mary reliance upon police reports making comments with the agency Maintenance” Category and has
and that the plan did not provide regarding the changes was set at July essentially created a free standing haz-
the means for interested parties to 30, 2012).7 The changes were to be ardous materials (“HM”) violations
comment upon the facts.8 Later, in implemented into the publicly dis- category. The change was apparently
public remarks, Administrator Ferro played website in July. During the made in response to complaints from
expressed doubts as to the reliability comment period time, individual car- flatbed carriers that cargo/securement
of the planned fault assessment sys- riers were given the ability to preview violations had too much of an impact
tem, due to the lack of uniformity how the changes would affect them, on overall scores. The change tends to
and consistency of law enforcement by logging into the CSA website. dilute the impact of cargo/securement
agency accident reports nationwide The FMCSA Foundational violations.
and because of the need to provide a Document described the following The agency has created a new
means for public input.9 changes:14 HM BASIC based on vehicle inspec-
Trucking industry representa- 1. Strengthening the Vehicle tions (i.e., Level 1, 2, 5 and 6) and
tives, who have been critical of the Maintenance BASIC by HM violations where the vehicle was
fault assessment system implementa- incorporating cargo/load transporting placardable quantities of
tion delay, are concerned that despite securement violations from HM. The changes increase the impact
the continued cooperation of the today’s Cargo-Related BASIC. of HM violations for carriers whose
trucking industry in the CSA imple- HM cargos are a small part of their
2. Changing the Cargo-Related overall freight profile. According to
mentation process, the agency rather
BASIC to the Hazardous the FMCSA, the change was made
abruptly changed plans to implement
Materials (“HM”) BASIC to because “the Cargo-Related BASIC
an improved fault assessment system.
better identify HM-related
This system would have based largely currently includes HM violations and
safety problems.
on objective law enforcement accident load securement violations, some HM
reports, and carrier statements made 3. Better aligning the SMS safety issues could be masked.”15 At
in the normal course. The agency with Intermodal Equipment the time this article was written, the
apparently is looking to also include Provider regulations. agency planned to make the results
presumably subjective comments 4. Aligning violations that are of the new HM BASIC category pub-
regarding individual accidents made included in the SMS with lic, even though the Cargo Related
by unidentified “interested parties.”10 Commercial Vehicle Safety BASIC had not been made public.
However great the trucking commu- Alliance (CVSA) inspection The agency had not been publicly dis-
nity previously expressed concerns levels by eliminating vehicle playing the Cargo Related BASIC, out
with the implementation delays and violations derived from driver- of concerns raised by industry repre-
the potential that the fault assessment only inspections and driver sentatives that HM violations do not
48 TRANSPORTATION LAWYERS ASSOCIATION CANADIAN TRANSPORT LAWYERS’ ASSOCIATION
5. THE TRANSPORTATION LAWYER
TLA Feature Articles
represent a valid crash risk element, probability than non-passenger. Item 7 decouple the Agency’s official
but the FMCSA has now changed its provides alternative terminology to Safety Rating (as required in
position. better describe carriers that either 49 U.S.C. 31144) from the
Items 3 and 4 above are also have enough inspections but too few requirement of an onsite inves-
maintenance and inspection related. violations to warrant being consid- tigation. It will allow FMCSA
Item 3 specifically relates to regulatory ered for the FMCSA interventions to base Safety Ratings directly
changes with regard to responsibility (“inconclusive”) or carriers that do not on performance data and to
to make pre-trip inspections for inter- have enough inspections to produce a update them on a monthly
modal trailers. Previously, the SMS measure “robust enough” to even be basis.18
had not included any roadside viola- assessed (“insufficient”). Item 7 also However, the issuance of the SFD
tions associated with an intermodal breaks out fatal accidents separately Notice of Rulemaking has been
trailer distinct from the motor carrier. from “injuries/crashes” in a carrier’s delayed several times by the FMCSA,
information category, as discussed and, when this article was written,
Such violations are now to be applied
above. indications from the agency were that
to the motor carrier when there is
evidence that the driver performed a When this article was written, the proposed rule would be forthcom-
pre-trip inspection and the violation many carriers previewing the impact ing late in 2012. The FMCSA had
could have been detected in a pre-trip of the changes had been able to indicated that draft rulemaking was
determine the potential impact of under review within USDOT, but that
inspection. In item 4, the FMCSA has
the changes on their CSA scores. the NPRM was expected to be pub-
removed vehicle violations found dur-
There was some significant concern lished in late 2012.19 Latest indications
ing driver-only inspections and driver
being expressed by carriers who infre- from Administrator Ferro are that
violations found during vehicle-only
quently haul some HM cargos about by early 2013, the agency will issue a
inspections, in order to align the SMS
the creation of the standalone HM safety fitness determination rule that
with existing CVSA policies regarding
BASIC. Some of these carriers, in will set “hard thresholds” for CSA
inspection levels. viewing their data previews, had found BASIC scores that could be used to
Items 5 through 7 above are that the changes were “causing sud- declare a carrier unfit.20
intended to identify certain catego- den, dramatic shifts in some carriers’
ries of carriers more accurately. Item scores” and primarily raising the scores Under the proposed SFD rule, the
5 is primarily related to HM carriers. (thereby showing less safety).17 Flatbed FMCSA would utilize SMS data by:
The agency is trying to restrict the carriers had generally seen their scores Incorporating on-road safety
number of carriers subject to the more improve, since cargo securement had performance via the new SMS,
stringent HM thresholds. By the time become a part of the larger “Vehicle which will be updated on a
this article is published, the FMCSA Maintenance” Category. monthly basis;
will have tightened HM placardable Continuing to include major
inspection criteria, while keeping Further Delays in Using SMS safety violations found as part of
the HM review and permit criteria, Data to Make Safety Fitness CSA investigations; and
to focus intervention resources on Determinations Produce an SFD to determine if
carriers involved in the majority of a carrier is unfit to operate.21
Still coming in the CSA implemen-
placardable HM transport actions.16 tation process is an expected Notice When SMS data is ultimately used
For a carrier to be subject to the HM of Public Rulemaking (“NPRM”) to as the basis for a carrier’s bottom
threshold due to HM inspection activ- amend existing regulations to allow for line Safety Fitness Determination, the
ity, that carrier must have: the use of SMS data in making Safety FMCSA plans to use only accidents
At least two HM placardable Fitness Determinations (“SFD”). Until determined to be at least partially the
inspections within the past 24 that rule change is made, SMS data carrier’s fault.22
months, with one inspection will serve simply as a tool to deter-
occurring within the past 12 mine when the intervention of the Conclusion
months, and FMCSA is necessary, based on the Until very recently, both the
At least 5% of total inspec- carrier’s percentile BASICs in rela- FMCSA and trucking industry rep-
tions that are HM placardable tionship to other carriers. According resentatives had been working hard
inspections. to the FMCSA: and in a cooperative manner to try
Item 6 above is intended to iden- [t]he third part of CSA, deal with the multitude of issues and
tify passenger carriers more accurately the updated Safety Fitness details remaining before CSA imple-
and to subject them to a significantly Determination (SFD), mentation is complete. However, the
higher standard and intervention will require rulemaking to process has been much slower and less
TRANSPORTATION LAWYERS ASSOCIATION CANADIAN TRANSPORT LAWYERS’ ASSOCIATION 49
6. satisfactory than many in the truck- it would “explore all avenues” to get The implementation of CSA will
ing industry would like, including the CSA modified and that “the unreli- be ongoing for the near future and,
ATA leadership. In reaction to the ability of CSA scores, the loose or, unfortunately, it appears that it will
lack of implementation of a crash at times, inverse connection to crash continue to be a good source of con-
accountability system and other CSA risk, as well as FMCSA’s unwillingness troversy. Stay tuned!
issues, the ATA issued a statement on to frankly discuss the program’s weak-
May 22, 2012, in connection with its nesses is very troubling and needs to
spring leadership meeting, stating that be addressed.”23
Endnotes
1. “CSA” first came into being in 2008 as the CSA Op-Model Test in a small number of pilot test states. During the time the FMCSA was
continuing the pilot tests in a small number of states and readying CSA for nationwide implementation, it became known as “CSA 2010”
(Comprehensive Safety Analysis 2010). In 2011, CSA 2010 expanded from pilot states testing to nationwide implementation and became
known simply as “CSA,” which now stands for “Compliance Safety Accountability.”
2. http://csa.fmcsa.dot.gov/Documents/SMS_FoundationalDoc_final.pdf.
3. What is included in the Summary of Activities?, FAQs, http://csa.fmcsa.dot.gov/faqs.aspx?faqid=1421.
4. Frequently Asked Questions, How does the Safety Measurement System (SMS) handle crashes when motor carriers are not at fault?, http://
csa.fmcsa.dot.gov/faqs.aspx?faqid=1421.
5. “FMCSA to Weigh Costs, Benefits of Crash Accountability Process,” By Eric Miller, Staff Reporter, Transport Topics, Transport Topics, May
7, 2012.
6. “Trucking Officials Blast FMCSA Over Crash-Fault Review Delay,” Eric Miller, Staff Reporter, Transport Topics, March 19, 2012.
7. “FMCSA Stops Plan to Determine Accountability in CSA Crash Data,” by Oliver B. Patton, Washington Editor, Truckinginfo, the web site
of Heavy Duty Trucking Magazine, March 12, 2012.
8. In her March 21, 2012 remarks to the Mid America Truck Show, FMCSA Administrator Anne S. Ferro stated in part: “Several areas require
further study before making a decision on how to best approach this issue. These include the uniformity and consistency of police accident
reports across the nation; the process for accepting public input; and the actual effect on SMS to better identify carriers that have a high risk
of crashes. Ultimately, we will be asking if the investment improves safety outcomes. We will be conducting additional research and analysis
in the coming months that looks at the cause of crashes and weighting of those crashes in the SMS.”
9. “FMCSA to Study Crash Accountability Process, Ferro Says,” By Eric Miller, Staff Reporter, Transport Topics, May 1, 2012.
10. “FMCSA to Weigh Costs, Benefits of Crash Accountability Process,” By Eric Miller, Staff Reporter, Transport Topics, May 7, 2012.
11. 77 FR 18298; https://federalregister.gov/a/2012-7360.
12. http://csa.fmcsa.dot.gov/Documents/SMS_FoundationalDoc_final.pdf.
13. http://www.truckline.com/pages/article.aspx?id=635%2Faea5857f-2920-4e11-9570-c1de7a491710.
14. http://csa.fmcsa.dot.gov/Documents/SMS_FoundationalDoc_final.pdf.
15. http://csa.fmcsa.dot.gov/Documents/SMS_FoundationalDoc_final.pdf.
16. http://csa.fmcsa.dot.gov/Documents/SMS_FoundationalDoc_final.pdf.
17. “Trucking’s CSA Concerns Are Justified, Studies Claim,” Eric Miller, Staff Reporter, Transport Topics, April 16, 2012.
18. http://www.fmcsa.dot.gov/documents/strategic-plan/draft-fmcsa-2011-2016-strategic-plan.pdf, P. 8.
19. FMCSA Presentation to SBA, February, 2012.
20. “FMCSA to Weigh Costs, Benefits of Crash Accountability Process” Eric Miller, Staff Reporter, Transport Topics, May 7, 2012.
21. FMCSA Presentation to SBA, February, 2012.
22. “In the short-term, the Federal Motor Carrier Safety Administration’s proposed rule on SFD will propose that a motor carrier’s formal safety
rating (i.e., the replacement for the traditional Unsatisfactory, Conditional, or Satisfactory rating process) would be adversely affected by
crashes only when the motor carrier is at least partly at fault. These are known as “‘preventable accidents.”’ A Safety Investigator would
determine which crashes are preventable.” FAQs, http://csa.fmcsa.dot.gov/FAQs.aspx?faqid=1421.
23. “ATA Insists on CSA Changes,” Howard Abramson, Editorial Director, Transport Topics, May 28, 2012.
50 TRANSPORTATION LAWYERS ASSOCIATION CANADIAN TRANSPORT LAWYERS’ ASSOCIATION