 In the past, a
carrier could receive an unsatisfactory or conditional safety rating
because of a high rate of non-preventable accidents.
The only
recourse was to petition the Chief Safety Officer of the FMCSA, for
removal of these accidents as factors in the proposed safety rating.
The FMCSA has announced, effective immediately, that carriers can
object to the use of non-preventable accidents, when calculating their
safety fitness rating, during a compliance review.
The policy does not require that the FMCSA accept the carrier's
non-preventable determination. The carrier must present documentation to
the special agent conducting the Compliance Review, which clearly
demonstrates the accident as non-preventable. The special agent can
still reject the carrier's interpretation at which time the carrier must
appeal to the FMCSA State Director. If the State Director rejects the
carrier's interpretation then they must go to the Chief Safety Officer
of the FMCSA.
The policy only allows you to contest non-preventable accidents
during the course of a Compliance Review. If you don't contest the use
of certain accidents in calculating your safety rating during the
Compliance Review you're out of luck until your next Compliance Review.
The new policy is a significant step forward in establishing credible
data on carrier's safety fitness. Make sure your take advantage of this
progressive policy by:
- Knowing all accidents that the special agent is reviewing during a
Compliance Review. You won't get a list at the end of the review and
will be totally clueless as to which accidents were used.
- Contesting the use of any accidents you consider non-preventable,
in your safety rating calculation. SafeTrac Solutions recommends you
make your objections in writing. Don't rely on verbal discussions.
- Reviewing your accidents before you undergo a CR. You have plenty
of notification of an upcoming Compliance Review. Review all of your
accidents over the last full (4) quarters and make sure you have all
of the documentation put together to support your non-preventable
determination.
If you contest non-preventable accidents during a CR, your safety
rating will not be affected until after a final determination has been
made by FMCSA on preventability. Your company will retain the
safety rating they had prior to the CR. However, if you don't stand up
for yourself during the CR, the effects of any improper classifications
will have an immediate effect on your safety rating.
There is no doubt FMCSA will be using this policy very narrowly. We
doubt they will expunge accidents that are even remotely questionable
but rather use this policy in cases where the carrier and driver clearly
played no part in the accident cause, other than "being
there". Such incidents as vehicles running into legally parked
trucks, vehicles running red lights and broad-siding trucks and trucks
being rear-ended by other vehicles will probably be the type of
accidents removed from a carriers record.
Did
you know? SafeTrac Solutions
provides professional, real-world, in-house Compliance Review
Preparation Training. When you compare it to the consequences of a
poor review....
It's a
Bargain....
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