The American Trucking Associations ("ATA") continues to press the Federal Motor Carrier Safety Administration ("FMCSA") on CSA crash accountability. In our previous post dated June 24, 2010, we noted that one of the concerns voiced by the ATA about the current CSA system was that accidents enter the system without the recognition of fault. Dave Osiecki, senior vice president of policy and regulatory affairs at ATA, sent a letter to the FMCSA this week requesting the agency remove the following types of crashes from the safety measurement system: crashes involving a vehicle traveling in the wrong direction; crashes involving a vehicle rear-ending a truck while legally stopped at a traffic light; crashes involving a vehicle striking a truck while legally parked off the road; and documented suicides. According to Osiecki, these types of crashes should be removed as a matter of agency policy because it is reasonable to presume that the commercial driver and carrier in these types of crashes have no accountability for the crash.
First Capitol Hill Hearing on CSA 2010
Thursday, June 24, 2010 by
Transportation Lawyer
A hearing was held yesterday on the Federal Motor Carrier Safety Administration's ("FMCSA") new enforcement program, CSA 2010. While there is general support for the program, some of the concerns deal with timing, data quality and funding. For example, one concern voiced by Keith Klein, executive vice president and chief operating officer of Transport Corporation of America, who spoke on behalf of the American Trucking Associations, was that under the FMCSA's current CSA 2010 system, accidents enter the system without the recognition of fault. In other words, there is no way to recognize the difference between preventable and non-preventable accidents. In response, Ann Ferro, the agency's chief, emphasized that crash data are a legitimate indicator of a motor carrier's safety performance regardless of fault. She went on to say, however, that the agency recognizes the problem of crash accountability and will analyze the data if the carrier's safety fitness rating comes into question.
9th Circuit Issues Ruling in ATA Port Litigation
Friday, February 26, 2010 by
Transportation Lawyer
On Wednesday, February 24th, the Ninth Circuit issued an opinion declining to direct the District Court to issue an injunction against 8 aspects of the Port of Los Angeles concession agreement implemented as part of its Clean Truck Program. The expansion of the previously issued injunction was requested by the American Trucking Associations and challenged those elements of the concession agreement not previously enjoined by the District Court; it did not challenge those aspects of the Clean Truck Program that are intended to improve air quality. This Ninth Circuit opinion did not involve the previously issued injunction that prohibits the Port of Los Angeles from enforcing an owner-operator ban, meaning that Los Angeles remains prohibited from enforcing the owner-operator ban. This most recent decision does vacate the District Court order which had allowed enforcement of a placarding requirement that was contained in the concession agreement, but otherwise, the ruling had little impact on drayage operations at the port. The District Court conducted its hearing on the parties’ summary judgment motions on Thursday, February 25th, and an order on those motions is expected shortly. In is anticipated, however, that the order will preserve most issues for trial on the merits which is set to commence April 20th.
Extension for compliance with "roadibility" rule for intermodal container chassis
Thursday, December 31, 2009 by
Transportation Lawyer
The Federal Motor Carrier Safety Administration has extended the Dec. 17 deadline for compliance on its "roadability" rule for intermodal container chassis to June 30, 2010, according to the American Trucking Associations.
The extension applies to Intermodal Equipment Provider (IEP), motor carrier and driver compliance with the Driver Vehicle Inspection Report recordkeeping requirements. It does not, however, apply to FMCSA inspection, repair and maintenance requirements.
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