Thursday, July 3, 2014

ASECTT v. FMCSA - Win, Lose or Draw?

ASECTT v. FMCSA – A Win, Lose or Draw?
Henry E. Seaton

On June 17, 2014 The D.C. Court of Appeals issued its decision in ASECTT v. FMCSA.  At issue was whether the FMCSA's guidance issued in May of 2012 amounted to a new rule directing shippers and brokers to use SMS methodology in credentialing carriers.  Petitioners' arguments were supported by Declarations showing that SMS methodology does not accurately measure carrier safety performance and that the guidance amounted to a new rule requiring shippers and brokers to use SMS methodology to bar from use thousands of carriers which the Agency itself has found are fit to operate on the nation's roadways.

Tuesday, May 27, 2014

Active Regulatory and Legislative Agenda Ahead

CCJ reports the FMCSA will go to rulemaking with a proposal to increase the BIPD insurance which a carrier is required to maintain (CCJ - "FMCSA projects November publication of rule to hike carrier insurance minimums"). In addition, the Agency is proposing to eliminate the ability of carriers to self-insure. ELDs, speed limiters and rulemaking on safety fitness determinations are all scheduled in the upcoming year.

Monday, May 19, 2014

“The Culture of Safety”

In 1935, Congress appointed federal regulators to police and oversee interstate truckers. USDOT and the ICC before it was charged with the sole preempted duty of policing the industry, certifying operators of commercial motor vehicles as safe to operate on the nation's roadway and finding and placing out of service unsafe operators. The beneficiaries of interstate regulations were the traveling and shipping public. A carrier found safe to operate on the nation's roadway was safe to use.