Joe Expediter - an imaginary owner operator of a CDL straight truck - signs on with Fictitious Expediting. The lease agreement between the contracted owner operator and the carrier company requires both parties to operate legally and for the owner operator to maintain his equipment to DOT standards. The same lease explains how the carrier is responsible for the safety performance of the contracted owner operator because of DOT regulations.
For years carrier safety is measured under the SMS (Safety Measurement System) - Safer Sys - where only OOS (Out of Service) violations discovered through roadside inspections are counted against the carrier's OOS percentages. The system also displays crash data as reported to the DOT, along with the Safety Rating assigned to the carrier.
Safety Ratings were only assigned following a full compliance review (DOT Audit). Full Compliance Reviews in the carrier's office entail scrutiny of the Carriers records - such as Driver Qualification files (having all DOT required forms and documents in each), Alcohol and Controlled Substance testing (verification of total compliance by the carrier), Hours of Service (auditing logs for compliance), maintaining required DOT Accident Log and a myriad of other requirements. Old school thinking is that DOT is attempting to verify that the carrier is "
living within the spirit of the law" through the carriers records and the driver's roadside inspections.
CSA rolls out and the government is basically now attempting to use the data discovered
only in roadside inspections to issue or alter carriers safety ratings. Any and all violations (not just OOS violations) discovered in roadside inspections count against the carrier and the driver under the CSA methodology. Under CSA, should a carrier have "alerts" in two or more of the seven (7) "Basics", the carrier is placed on the list to be scheduled for a "focused" compliance review. This focused review will scrutinize only those areas (Basics) for which the alerts exist - let's say "Un-safe Driving" and "Hours of Service" - not all areas of the regulations or compliance.
DOT (FMCSA) can change (lower) the carrier's safety rating after such a "focused" audit. My experience indicates that now, DOT (FMCSA) is arriving at the carrier's door for such focused audits with full intentions of issuing "Conditional" or "Unsatisfactory" ratings in their review report.
Once a Conditional or Unsatisfactory rating is issued, only a "Full" compliance review can change the Unsatisfactory rating to Conditional, or the Conditional rating to Satisfactory. Many times the carrier is forced to carry the burden of the lower rating for very long periods of time because they are unable to get the required full compliance review scheduled and conducted by FMCSA. During the period of the carrier's lowered rating, customers refuse to use the carrier and the carrier pays increased insurance costs - if they are able to secure insurance at all. It is no longer a matter of the spirit of the law and honest attempts by carriers and drivers to comply, but simply a money grab.
It was very important for the trucking industry to get the CSA Basics scores hidden from public view. In addition to loss of customers and increased insurance costs, attorneys are using the CSA scores to obtain even larger settlements for their injured clients after CMV crashes. Everyone is attempting to use flawed data against the carriers and their drivers. There are numerous areas of the CSA system that are based on seriously flawed formulas and methodologies. Listening to Irwin Shires explain some of these is time well spent.
The actions of the drivers (and owner operators and/or their drivers) directly affect the carrier's safety ratings. This is simply a fact.
Most reputable carrier have high standards and seek to go beyond compliance. Beyond compliance means not settling for the DOT minimums, but to far exceed what is required. We want to operate safely. We want to have NO accidents, NO injuries and surely NO loss of life.
Does he have revenue to support good equipment ? Can he afford to go OOS midweek to obtain repairs?
Why doesn't this company have a program that encourages, no, requires, compliant equipment? Again, the carrier's lease agreement (program) stipulates that the contracted owner operator maintain his equipment to DOT standards. Proof can be established by clean roadside inspections, current Annual Vehicle Inspections and submission of required maintenance reports and inspections (monthly, quarterly) to the carrier. Revenue to support equipment, and can he afford to go OOS mid-week is not always determined by the carrier - it is determined by the contracted owner-operator's ability to manage his business and his personal expenses. Thank goodness our business is 24 hours a day, 7 days a week, 365 days a year!
Xiggi - "Data Q's" is the "appeal" that is available to both drivers and carriers from DOT (FMCSA) to have violations removed or changed to accurately reflect the final status of any violation or charge to a driver or carrier. It takes the government a while to issue "determinations" or "rulings" on the appeals and absolute proof and documentation is required for any consideration. GUILTY! - now prove yourself innocent.
OntarioVanMan - You - no dog in the fight? if FMCSA keeps on the current path they'll start to regulate cargo vans and vehicles under 10,000 GVW. Put on those plaid battle shorts!
I appreciate your comments and hope that I help others better understand what is really happening in the regulatory world of our trucking industry today. Please always feel free to ask questions and I will try to explain. If I do not know - I will find you honest answers.
Thanks for everything you drivers do. We can't do what we do without you.
Be safe!
