Proposed Safety Fitness Determination Rule

Federal Legislation

A few days ago, we asked you to email or fax your Congressional representatives regarding the new Lease/Interchange Rule. We have heard from many of you and thank you for responding.

Today, United Motorcoach Association needs your help to secure support from Members of Congress. UMA is seeking language to be included in the FY 2017 Department of Transportation appropriations bill to stop the Federal Motor Carrier Safety Administration (FMCSA) from finalizing a new rule for Safety Fitness Determinations (SFD) for motor carriers until reforms to the Compliance Safety and Accountability/Safety Measurement System (CSA/SMS) programs are completed.    

Mandated by Congress in the Moving Ahead for Progress for the 21st Century (MAP-21) in 2012, UMA has long supported the goal of this directive, which is a simple and understandable rating system allowing customers to compare the safety performance of carriers.  However, this proposal does not achieve the goal as envisioned and is built on a flawed foundation.  

This proposal would radically modify the Safety Fitness Determination (SFD) method in which intervention information is disseminated for the enforcement community and the general public.  The current SFD system ranks carriers as Satisfactory, Conditional or Unsatisfactory.  The proposed new system would remove all ratings with the exception of “Unfit”, leaving customers little guidance to compare the safety performance of the majority of carriers.  This does not meet the goals of the original Congressional mandate. 

Most troubling is the new proposed method utilizes the flawed Compliance, Safety and Accountability/Safety Measurement System (CSA/SMS) data and scores, which pursuant to the recently enacted FAST Act, Congress has directed the agency to overhaul completely.  The new methodology would be based on the carrier’s on-road safety data in relation to five of the Agency’s seven Behavior Analysis and Safety Improvement Categories (BASICs); an investigation, or a combination of on-road safety data and investigation information.  The agency has issued an NPRM for SFD that relies on the same flawed program Congress just ordered them to revise. Therefore, UMA is seeking legislation to require FMCSA to halt advancement of this proposal until all CSA reforms are completed.    



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