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Safety fitness rule scheduled for May, as e-log, driver database rule still expected soon

| January 08, 2014
inspection csa

In its Safety Fitness Determination rule, FMCSA plans to use a more complete data set — including roadside inspection data — to make an overall safety rating for carriers.

Editor’s Note: In its semiannual regulatory update published in the Federal Register Jan. 7, the Department of Transportation included an entry on the Safety Fitness Determination rule the Federal Motor Carrier Safety Administration has been working on in recent years.

The entry included listed as an “action item” a Notice of Proposed Rulemaking for January 2014. Overdrive published a story on that entry Jan. 7.

However, in a DOT-issued report from earlier in December, a more up to date timeline on the rule was included.

A proposed rule, per the report, is actually expected to be published May 30.

Here’s the original story, published Jan. 7:

In its Semiannual Regulatory Agenda report published Jan. 7, the Department of Transportation included an entry on the Federal Motor Carrier Safety Administration’s Safety Fitness Determination rule, which hints that a Notice of Proposed Rulemaking will be published in January.

The rule would alter the agency’s Compliance, Safety, Accountability program and the data it uses to produce a carrier’s Safety Fitness Determination. Now, the agency only uses on-site compliance reviews to produce an overall safety rating for carriers.


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With the new rule, however, the agency would begin using data from roadside inspections, crashes, investigations and violation history (essentially, the components of a carriers CSA Safety Measurement Score) to produce a Safety Fitness Determination for a carrier.

The entry in the regulatory update doesn’t directly say the rulemaking notice will be published this month, but it does include an action item listed for January 2014 labeled “NPRM” — Notice of Proposed Rulemaking.

However, that may not be entirely accurate, as the report’s entry on an electronic logging device rule lists publication of a Supplemental Notice of Proposed Rulemaking as an action item in November 2013, which did not happen.


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Like the e-log rule, though, the agency had aimed to publish the Safety Fitness Determination rule last year: Last December agency head Anne Ferro said the rule would come sometime in the middle of 2013.

The e-log entry did not offer any updates as far as content of the rule or when it would be published. FMCSA originally said it planned to publish the rule in September, before later pegging Nov. 18 as the date it would publish the SNPRM. Later it indicated Dec. 23 as a possible publication date.

The rule has not yet been published, and the OMB is still reviewing it.

The regulatory update also included an entry on the drug and alcohol clearinghouse rule the agency is working on. The entry says the agency must create the clearinghouse by Oct. 1, 2014.

The clearinghouse would be a database of truck drivers who have failed or refused a drug or alcohol test. Carriers would be required to upload information on failed or refused tests to the database and query the database in the driver hiring process.

  • g

    More data and data bases….thats what we need! What about MORE PAY?? More Surveilance and Monitoring all the time but no Pay increases…….they will be WEEDING out….but also many American Citizens will OPT OUT of this Government intrusion and Probing….it really isnt worth all this “data” fiesta and Observation…for what?? Low Pay, intense RISK..and alot of Stress and Grief?? Who needs it??The pay certainly is NOT worth it.

  • g

    Goodbye Cops!!! Alot of drivers are leaving now for obvious reasons..what ashameful abusive industry trucking has become..let Cops and National guard haul the freight…since they know so much and have become Hitler henchmen.

  • guest

    mexican owned trucking companies advertize on Craigs list for “Chofer” for el Trookay…..the entire ad will be in Espanyol….are these foreigners in the “data Base” or only Americans that are Ripped Off in this way??? many drug busts are happening like the $45 Million worth of narcotics in the illegal alien driven Trailer in San Bernadino??? are the COPS actually doing anything besides hassling AMERICANS??

  • Mind Games

    I’ve already started a database on all the members of all the members of Congress who refused to take a drug test some time ago and well people I hate to tell ya this but they all failed.
    Instead they chose to run to the Supreme Court and get a doctors excuse!!!
    Well all the those that could have kept their jobs in my district will be voted out at my next meeting of the board members at my house I hope you will do the same. strives to maintain an open forum for reader opinions. Click here to read our comment policy.