Friday, September 19, 2014
Tuesday, September 9, 2014
Fall 2014 Safety Update
1. Safety Fitness Determination. The FMCSA has scheduled for release in the next several months its safety fitness determination rulemaking. Release of this water shed rulemaking has been delayed numerous times over the past 4 years and release cannot be predicted. The Agency has said that the ultimate safety fitness determination will be based upon objective criteria, not the grade on the curve SMS percentile basis. Yet, to the extent the safety fitness determination is based upon flawed SMS data and ratings are assigned without due process or audit, the systemic flaws (inadequate data, inaccurate data, enforcement anomalies, the law of large numbers, etc.) will remain. The industry must be prepared to analyze and comment on any new rule, particularly if carriers are branded as "marginal" without due process and the negligent selection threat is not addressed.
FMCSA AND “DUE PROCESS”
The Fourteenth Amendment to the United States Constitution guarantees that no persons property shall be taken without due process of law. 5 U.S.C. §702 et seq (The Administrative Procedures Act) states that: “A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof.”
Thursday, July 3, 2014
ASECTT v. FMCSA – A Win, Lose or Draw?
Henry E. Seaton
(click for printable version)
(click for printable version)
On June 17, 2014 The D.C. Court of Appeals issued its decision in ASECTT v. FMCSA. At issue was whether the FMCSA's guidance issued in May of 2012 amounted to a new rule directing shippers and brokers to use SMS methodology in credentialing carriers. Petitioners' arguments were supported by Declarations showing that SMS methodology does not accurately measure carrier safety performance and that the guidance amounted to a new rule requiring shippers and brokers to use SMS methodology to bar from use thousands of carriers which the Agency itself has found are fit to operate on the nation's roadways.
Monday, June 2, 2014
If you or one of your drivers need a new medical examination for a CDL, the doctor who performed your last medical exam might not be qualified to perform a new one. New rules adopted by the Federal Motor Carrier Safety Administration provide that DOT physical examinations must be performed by a qualified health professional (generally a medical doctor, chiropractor, osteopath, nurse practitioner, or a physician's assistant.) The important point is that a qualified health professional is an individual who has taken the required training, passed a certification test, and is certified by the FMCSA.
Wednesday, May 21, 2014
Bob Rothstein recently spoke at a safety seminar, sponsored by the North Carolina Motorsports Association and the American Society of Safety Engineers, and held at Joe Gibbs Racing in Huntersville, NC. The subject of his presentation was fleet safety compliance for NASCAR teams. All NASCAR teams have tractor-trailers that transport racecars around the country for races, racecar and tire testing, and sponsor commitments. While teams may be focused on winning races, they also have a trucking operation to manage.
Bob's presentation highlighted many facets of the Federal Motor Carrier Safety Regulations, including driver qualification and hours-of service compliance, two areas on which the entire trucking industry is also very focused. About 30 race directors, general and team managers, and human resources professionals attended the presentation. Afterwards, Bob passed up the opportunity to buy a used race tire that came off Matt Kenseth's racecar.
Monday, May 12, 2014
Henry Seaton on The AudioRoad Rates & Lanes with Rico Muhamad 05/07 by Kevin Rutherford | Business Podcasts
Check out Let's Truck! podcast from May 7 including guest, Henry Seaton.
Or download the file here: DOWNLOAD MP3