FMCSA’s New Safety Fitness Rule: Final Listening Session

Virtual Listening Session This Week

The final session for FMCSA’s new safety fitness rule will be held virtually this week. This session will focus on safety fitness for motor carriers. It will take place on Wednesday, July 31, from 2 to 3:30 p.m. Eastern time. This will be the third and final session on this topic. FMCSA wants to gather input from the public before making new rules.

The session will discuss a new way to decide if a motor carrier is fit to operate. The current system has three ratings: Satisfactory, Unsatisfactory, and Conditional. FMCSA is considering changing this to a single rating for unfit carriers. The agency wants to hear what people think about this idea.

Background on Feedback Process

Last August, FMCSA asked for public feedback on safety fitness rules. The public had until November 2023 to share their thoughts. FMCSA wants to improve how it identifies unsafe carriers and keeps them off the roads.

The agency is looking at better ways to use its data and resources. One idea is to include all inspection-based data in the safety fitness determination. Another idea is to use the Safety Measurement System (SMS) for these determinations.

Current Safety Fitness Process

Right now, safety fitness is determined by looking at data from compliance reviews. This includes six factors: general, driver, operational, vehicle, hazardous materials, and accidents. Carriers receive one of three ratings: satisfactory, conditional, or unsatisfactory.

This system has faced criticism for being time-consuming and not covering many carriers. In 2019, only 11,671 compliance reviews were done out of about 567,000 carriers. The current process does not use the SMS for safety fitness determinations. A proposal to do so in 2017 was withdrawn after facing opposition.

Recent Listening Sessions

In June, FMCSA announced more listening sessions. One session was held in person at the Texas Trucking Show in Houston. Two more sessions were held online in June and July. These sessions focused on:

• Using inspection data and the SMS.
• Including driver behavior in safety ratings.
• Revising the list of safety violations.
• Giving more weight to unsafe driving behaviors like speeding and texting.

Industry Feedback

The proposal to change the safety fitness process has received mixed reactions. The Owner-Operator Independent Drivers Association (OOIDA) has criticized the current system. They say the data used is often inaccurate and inconsistent. OOIDA also opposes including technology adoption in safety ratings. They argue that just adopting safety technology does not guarantee better safety.

Next Steps

The final virtual listening session on July 31 is the last chance for public input before FMCSA moves forward. People can preregister for the session or submit written comments by August 7 via email at SafetyFitnessDetermination@dot.gov.

This effort aims to improve the safety of motor carriers on the roads. By gathering feedback, FMCSA hopes to create a better safety fitness determination process.

For more information and to participate in the virtual session, visit the FMCSA’s website.