Updated August 29, 2023, to reflect publication of an advance notice of proposed rulemaking in the Federal Register, opening a comment period that will close October 30, 2023.
The Federal Motor Carrier Safety Administration is now seeking public comments on how it can develop a new methodology to determine when a motor carrier is not fit to operate in or affect interstate commerce. To some extent, the move was expected since the agency flagged an intention to examine the safety rating system early in the year.
The advance notice of proposed rulemaking (ANPRM), published in the Federal Register as of Tuesday, Aug. 29, says the agency seeks public comment on:
This is FMCSA’s second attempt in fairly recent years to revamp its safety rating methodology. The agency in 2016 proposed ratings based on the carrier’s on-road safety data; an investigation or a combination of on-road safety data and investigation information. FMCSA withdrew that rulemaking when the Trump administration arrived in 2017.
[Related: Owner-operators, industry groups weigh in on 2016’s proposed Safety Fitness Determination rule]
Currently, FMCSA uses an analysis of existing motor carrier data and data collected during a compliance review, either on-site or remotely through a review of records. The agency calculates a vehicle out-of-service rate, reviews crash involvement, and conducts an in-depth examination of a motor carrier’s compliance with the acute and critical regulations and hazmat regulations.
If any factor is assessed one point, that factor is rated as “conditional.” If any factor is assessed two points, that factor is rated as “unsatisfactory.” Two or more individual factors rated as “unsatisfactory” result in an overall Unsatisfactory rating. One individual factor rated as “unsatisfactory” and more than two individual factors rated as “conditional” will also result in an Unsat overall rating.
