The Federal Motor Carrier Safety Administration has posted on their website that on Thursday, January 21, 2016, that the FMCSA will publish a Notice of Proposed Rule Making (NPRM) to establish new methods for a motor carrier to be classified as unfit.

Under the NPRM, the 34-year old system of dividing commercial motor carrier’s safety ratings into three tiers—“satisfactory,” “conditional,” or “unsatisfactory”—would instead be replaced with a simpler designation of “unfit.” Carriers deemed unfit would have to improve safety levels or cease operations.

Other changes in the proposed rule are:

  • Carriers would be assessed monthly, using fixed failure measures that are identified in the NPRM. Stricter standards would be based on those from the agency’s Behavioral Analysis and Safety Improvement Categories (BASICs) with a higher correlation to crash risk, which include examining unsafe driving, Hours-of-Service (HoS) compliance, and driver fitness.
  • Violations of a revised list of “critical” and “acute” safety regulations would result in failing a BASIC.
  • All investigation results would be used, not just from comprehensive on-site reviews.
  • A carrier would be proposed unfit by failing two or more BASICs through:
    1. Inspections
    2. Investigation results
    3. A combination of both

The carriers identified in the agency’s analysis have crash rates that are more than three times the national average.

Unfortunately, those marginal carriers that are currently rated as “conditional” will now be listed as satisfactory. This will make it difficult for brokers, shippers, and the general public to identify “high-risk carriers,” thereby making it more difficult to hold these carriers responsible when they injure and kill innocent victims on our highways.

If you were injured as a result of a trucking accident, it is strongly recommended that you seek experienced counsel immediately.