Motor Coach Roadside Inspection Preparedness Workshop April 15, 2014 York Springs, PA Agenda • • • • • What Is CSA? CSA and Your Company CSA Data Preview Common Violations Future Changes Who Is FMCSA? • Over 1,000 Federal employees and 12,000 State Partners across the Nation committed to our safety mission‒preventing crashes, injuries, and fatalities related to large trucks and buses on our highways Pennsylvania - State Data Summary Pennsylvania Number Percent Interstate and Intrastate HazMat Carriers National Number Percent 34,475 N/A 798,728 N/A Passenger Carriers 776 2.25% 15,822 1.98% HazMat Carriers 512 1.48% 10,458 1.30% General Carriers 33,187 96.26% 772,448 96.70% Pennsylvania - State Data Summary Exceeds Intervention Threshold Carriers with a BASIC(s) Exceeds Intervention Threshold Pennsylvania Number National Percent Number Percent 1,559 4.52% 53,388 6.68% 71 4.55% 1,047 1.96% HazMat Carriers 72 4.61% 2,210 4.13% General Carriers 1,416 90.82% 50,131 93.89% Passenger Carriers CSA and Your Company What Is Compliance, Safety, Accountability (CSA)? • The Federal Motor Carrier Safety Administration’s (FMCSA) data-driven safety compliance and enforcement program • Designed to improve safety and prevent commercial motor vehicle (CMV) crashes, fatalities, and injuries • Helps carriers and drivers improve safety compliance, so everyone gets home safely Raising Your Company’s Safety Standard CSA’s Three Elements • The Safety Measurement System (SMS) – Improves how FMCSA prioritizes carriers for intervention – Includes more safety data; all safety-based violations found during roadside inspections – Organizes safety behaviors into seven categories: Behavior Analysis and Safety Improvement Categories (BASICs) • Interventions Process – Creates new, more efficient ways for FMCSA to interact with carriers and help bring them into compliance, e.g., warning letters and Focused Investigations • Safety Fitness Determination (SFD) – Current safety rating is coupled with an investigation – New SFD (via rulemaking) would incorporate roadside inspection data 8 The Safety Measurement System (SMS) • Helps FMCSA prioritize carriers for interventions • SMS results are updated once per month based on the prior 24 months – Violation and crash information are weighted based on their severity and when these events occurred • Motor carriers DO NOT inherit past violations of newly hired drivers • You can view carrier SMS results on FMCSA’s public website http://ai.fmcsa.dot.gov/sms 9 The SMS (cont.) Learn the BASICs • The SMS organizes carrier roadside inspection, crash, and investigation information into seven BASICs • Your safety performance affects your company’s SMS results‒and your PSP record • The BASICs are a good way to remember many of the safety rules you must follow Not Public Not Public 10 Intervention Thresholds BASIC Passenger HM General Unsafe Driving, HOS Compliance, Crash Indicator 50% 60% 65% Driver Fitness, Controlled Substances/Alcohol, Vehicle Maintenance 65% 75% 80% HM Compliance 80% 80% 80% Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration BASICs located on the left have the strongest association to high crash rates. My Safety Group U.S. DOT# Legal Name State Number of Relevant Inspections 1700 COTTER XPRESS PA 101 24 1.66 1.5% 1700 VA 108 30 1.67 79.5% NC 102 27 1.68 99.5% 1700 ABC LLC ONTIME TRANS INC TIM TRANSPORTATION TX 102 25 1.7 88.5% 1700 FUN TRAVEL CA 101 26 1.72 81.5% 1700 Number of Inspections with Violations Measure Percentile CSA Operational Model CSA Operational Model •Model based on SFD rulemaking CSA and Your Safety Record 33 CY2013 Top 10 Motorcoach Compliance Review Violations Pennsylvania Violation Code Description Rank 395.8(e) False Report Of Drivers Record Of Duty Status 1 395.8(f) Failing To Prepare Rods In Form And Manner Prescribed 2 391.51(b)(2) Inquiries Into Employment Record Not Kept In DQ File 3 395.5(a)(1) 10- Hour Rule Violation (Passenger) 3 382.301(a) Using A Driver Before Receiving A Pre-Employment Result 3 391.51(b)(6) Failing To Maintain List Or Certificate Of Violations 3 391.21(a) Incomplete Or No Employment Application 4 382.105 Failing To Ensure Alcohol/Drug Testing Complies With Part 40 4 391.51(b)(5) Failing To Maintain Notation Of Annual Review 5 396.11(b) Failing To Ensure Inspection Report Is Complete And Accurate 5 CY2014 Top 10 Motorcoach Roadside Inspection Violations (Pennsylvania Inspections) Violation Code Description Rank 396.5(b) Oil and/or Grease Leak 1 393.9 Operating Vehicle Not HavingThe Required Operable Lamps 2 395.8 Log Violation (General/Form And Manner) 3 393.47(e) Clamp/Roto-Chamber Type Brake(S) Out Of Adjustment 4 396.3(a)(1) Inspection/Repair And Maintenance Parts And Accessories 5 390.21(b) Failing To Mark CMV W/ Name And/Or USDOT # 6 393.95(a) No/Discharged/Unsecured Fire Extinguisher 6 393.83(d) Improper Exhaust—Bus (Diesel) 6 392.2 Operating Vehicle In Violation Of Local/State Laws 7 393.62(e) No Or Inadequate Bus Emergency Exit Marking 7 Why Your Safety Record Matters • Your safety performance keeps everyone safe on the road–including you • Your performance is part of your company’s record, so your safety record means a lot • It’s up to you to ensure your safety record is accurate • You have two different records: 1. State Motor Vehicle Record (MVR) 2. Federal Pre-Employment Screening Program (PSP) record 36 Pre-Employment Screening Program (PSP) Record – Screening tool that allows carriers and drivers to purchase a Federal inspection and crash history record, which includes: • • – – – – Five years of reportable crashes Three years of inspections – violations recorded on inspections and clean inspections No Federal or State “score,” rating, or assessment associated with PSP PSP does not directly impact your CDL Carrier access to your record requires your consent Obtain your record for a $10 fee at www.psp.fmcsa.dot.gov or for free via a Freedom of Information Act (FOIA) request 37 Ensure the Accuracy of Your Safety Information 1. State Information (citation/tickets) State Court – If you are aware of an error, contest citation information in State court; otherwise information goes on your MVR, possibly impacting your CDL 2. Federal Information (recorded violations) DataQs – Request a review of Federal information on your PSP via DataQs – Visit FMCSA’s DataQs Website: https://dataqs.fmcsa.dot.gov/ (register for free) – File a Request for Data Review (RDR) on an inspection and/or reportable crash – Provide supporting documentation when filing an RDR – RDRs are reviewed by the State where the inspection/crash occurred If you receive a Federal violation and a State citation/ticket for the same infraction: – Handle them separately using the methods listed above 38 Proposed Adjudicated Citations Policy • Improves the quality and uniformity of violation information in FMCSA systems (e.g., MCMIS) • Allows FMCSA to upload the results of State citations associated with violations that the court has adjudicated • Establishes specific procedures for processing RDRs for adjudicated citations • FMCSA invited industry and the public to provide feedback on proposed policy (Federal Register Notice, December 2, 2013) 39 Non-Government − Driver Safety Information • Third Parties and Carriers Evaluating Drivers – Carriers and independent third parties combine PSP and other driver information, and call it “CSA score” or “CSA driver scorecard” – This “score” or evaluation is NOT issued by the Federal or State government – There is no universal evaluation method • Ask your carrier how you are being evaluated 40 Take Away Points The SMS organizes carrier roadside inspection, crash, and investigation information into seven BASICs Your safety performance affects your company’s SMS results‒and your PSP record The BASICs are a good way to remember many of the safety rules you must follow Share Your Data with Drivers, Mechanics, President/Owner, all Employees……………. 41 42 Contact Information Timothy Cotter Division Administrator Federal Motor Carrier Safety Administration Pennsylvania Division U.S. Department of Transportation E-mail: tim.cotter@dot.gov Phone: (717) 614-4067 FMCSA Website www.fmcsa.dot.gov/ 43 National Registry of Cert. Medical Examiners What is the National Registry? • Requires all medical examiners be – Trained, tested and certified • Ensures – Medical examiners know qualification requirements • Medical standards, expiration dates, waivers, etc. – Drivers are properly examined Why do we need a National Registry? • Make highways safer – reduce crashes • Ensure drivers are qualified - Investigations have shown that some drivers involved in crashes had disqualifying medical conditions • Ensure examiners are trained and certified to determine whether a CMV’s drivers health meets established standards. National Registry of Cert. Medical Examiners • Rule applies to all drivers required to be examined – Not only CDL drivers • PA adopts most FMCSA regulations for intrastate activity • Rule doesn’t change physical qualification standards National Registry of Cert. Medical Examiners Important Dates • National registry effective May 21, 2012 • Registration of medical examiners • Began August 20, 2012 • Compliance/Enforcement – Effective May 21, 2014 National Registry of Cert. Medical Examiners What this means to drivers/carriers • After May 21, 2014 • Interstate CMV drivers must obtain medical certification from a certified medical examiner • Medical cards obtained before May 21, 2014 remain valid • Same medical examination Who are the Medical Examiners (MEs)? • Medical examiners are: Medical professionals who make medical determinations based on FMCSA regulations and guidance Licensed, certified, and/or registered in their State • Includes, but not limited to: Doctors of Medicine and Osteopathy Physician Assistants Advanced Practice Nurses Chiropractors Certified Medical Examiners • Other Requirements: • Register on the National Registry System and receive a unique identifier • Complete required training • Pass the Medical Examiner certification test • Report results of driver exams every month via the national registry system • Maintain certification - training every five years and recertify exam every 10 years How to Find a Certified Medical Examiner • Go to National Registry website: https://nationalregistry.fmcsa.dot.gov • Search by City and State or ZIP Code • Advanced Search • Name of ME • Business Name • Employer Name • Medical Profession National Registry of Cert. Medical Examiners National Registry of Cert. Medical Examiners National Registry of Cert. Medical Examiners As of February 2014 • 29,384 candidates enrolled – nationwide • 7,601 medical examiners certified - nationwide • In PA – 1,519 enrolled so far (not yet tested/registered) • In PA – 420 are certified Important Statistics • Over 4 million interstate CMV drivers • About 3 million physical exams conducted each year • Estimate we need to certify 40,000 MEs to meet the need • Rule applies to all drivers required to be examined, not only CDL drivers (10,001 lbs vs 26,001 lbs). • PA adopts FMCSA most regulations for intrastate National Registry of Cert. Medical Examiners Summary • Required for all interstate CMV drivers • Effective May 21, 2014 • New medicals must be obtained from a medical examiner listed on the National Registry • www.nrcme.fmcsa.dot.gov • FMCSA Medical Division 202-366-4001 Contact Information Timothy Cotter Division Administrator Federal Motor Carrier Safety Administration Pennsylvania Division U.S. Department of Transportation E-mail: tim.cotter@dot.gov Phone: (717) 614-4067 FMCSA Website www.fmcsa.dot.gov/ 59 60