Monday, October 24, 2011

Will the FMCSA use CSA 2010 to Remove CMV Drivers from their Jobs?

According to FMCSA officials, CSA 2010 does not give new authority to remove drivers from their jobs and cannot be used to publicly rate or assess drivers’ safety performance in the way carriers are rated or assessed today. Here are some relevant facts relating to driver employment:
  • Carriers will not inherit any newly hired drivers’ past violations. Only those inspections and crashes that a driver is involved in while operating under a carrier’s authority can be applied to a carrier’s SMS.
  • Similar to today’s SafeStat, tickets or warnings that drivers receive while operating their personal vehicles do not count in the new SMS.
  • Neither FMCSA nor CSA 2010 restricts drivers based on body mass BMI, weight, or neck size.
  • Drivers should ask current and potential motor carrier employers about their safety performance as measured under CSA 2010. Drivers and carriers with strong safety performance histories stand to benefit from the new compliance and enforcement program.
In addition, FMCSA officials state that CSA 2010 does not give FMCSA the authority to revoke a CDL. Only state agencies responsible for issuing CDLs have the authority to suspend or revoke them.
  • The CDL program is completely separate from CSA 2010. FMCSA has developed and issued standards for the testing and licensing of CDL holders. These standards require states to issue CDLs only after the driver has passed knowledge and skills tests related to the type of vehicles the driver expects to operate.
  • The data kept by a state (i.e. tickets, citations, written warnings, convictions) and the data kept by the federal government and used in the DSMS (i.e. violations from roadside inspections and crash reports) are separate. Commercial drivers may review the data kept by the federal government through the PSP program and may request a review of the federal data through FMCSA’s DataQs system (https://dataqs.fmcsa.dot.gov/

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