FMCSA Signals It May Use CSA Scores for Carrier Safety Fitness Ratings

The Federal Motor Carrier Safety Administration (FMCSA) recently issued an advance notice of proposed rulemaking and request for comments indicating that it was “interested in developing a new methodology to determine when a motor carrier is not fit to operate.” 

Currently, motor carriers receive one of three safety ratings—Satisfactory, Conditional, or Unsatisfactory—based on the FMCSA’s findings made during safety audits. In the recent notice, the FMCSA stated it would consider whether to use a motor carrier’s Safety Measurement System (SMS) scores, which are part of the broader Compliance, Safety, Accountability program, to determine a motor carrier’s safety rating.

The notice, issued just months after the FMCSA proposed substantial changes to the CSA scoring system itself, suggests the FMCSA may be considering a major overhaul to its process for identifying carriers who are unfit to operate. 

Given the concerns raised over the accuracy of the SMS system, the proposal to use CSA scores to rate motor carriers could potentially subject the carriers to unwarranted and unpredictable safety rating determinations.

The current administration is currently weaponizing the Department of Labor (DOL), the National Labor Relations Board (NLRB) & the Equal Employment Opportunity Commission (EEOC) against employers in his quest to become the best pro-President this country has ever scene. 

If Biden can put more pressure on small to medium carriers to either do without independent contractors & switch to using employees only, then the unions can step in with their Card Check program and there it is, he becomes the best pro-union president.

Motor carriers are encouraged to submit comments in response to the notice. Contact Scopelitis, Garvin, Light, Hanson & Feary, if you need assistance in doing so. This prestigious law firm is what I call the “Seal Team” of attorney firms with offices in eleven (11) offices.