Everywhere you turn, it seems the new administration in the White House is affecting industries by doing away with regulations and in some cases whole regulation agencies. And, although we’re not sure it’s the results of regulation cut-backs, but the Federal Motor Carrier Safety Administration has stated its intent to withdrawal its own proposed safety fitness determination rule. The American Trucking Associations (ATA) is calling the decision a step in the right direction to improve industry compliance, safety, and accountability.
Here is ATA President and CEO Chris Spear’s statements on why the associations have decided to withdrawal the rule:
“ATA has long supported using data to target enforcement activities against bad actors in our industry. However, numerous reviews have shown flaws in the data and in the CSA system, so it makes sense to withdraw this rule which would have used CSA data to create publicly available fitness ratings.”
What Were the Issues with the Proposed Safety Fitness Determination Rule?
The proposed rule would have helped determine when a motor carrier wasn’t fit to operate commercial motor vehicles. The following are more issues with the proposed rule leading to its dismissal, according to the Carrier Safety Fitness Determination:
- The methodology of making a determination would have included the carrier’s on-road safety data; an investigation; or a combination of the two.
- The FMCSA later announced that instead of a final rule, it would use a Supplemental Notice of Proposed Rulemaking (SNPRM) as part of the process instead.
- The FMCSA also decides to later cancel plans for the SNPRM.
- The FMCSA acknowledged that it needed to spend more time analyzing the National Academies of Science’s Correlation Study, and decide what further corrective action needs to be taken with regards to future safety fitness determinations.
Can Flawed Data Lead to Unsafe Transportation?
Through a series of deregulation efforts, we’ve been given a sneak peek at how one federal agency views inconclusive data gathering as perhaps not just risky, but could potentially lead to operator errors and safety breaches putting the public at possible risk.
Some of the commenters responding about the proposal’s removal and lack of rulemaking language that addresses “safety rating” noted it could have a negative impact. It’s nearly certain, too, that during an administration that seeks to deregulate industry, this issue probably won’t see much more clarification in the immediate future.
Contact a Denver Truck Accident Attorney with the Warshauer McLaughlin Law Group
It is hugely important that you contact a Denver Truck Accident Attorney at the Warshauer McLaughlin Law Group to find our if a trucking company has been deemed unfit or unsatisfactory to have a carrier on the road. If you are involved in a truck-related accident and you are confident the carrier is negligent in your collision, our Denver truck accident attorney will advocate your rights and help you get the restitution you deserve to get your life back. Don’t delay, call (720) 606-6887 or email us using the contact form on this page. The first consultation is free of charge, and we take pride in serving the community and our clients, so we can be reached 24 hours per day, 7 days per week. That’s just one of the many examples of how you can tell we are dedicate to giving you the best possible outcome. We have a Denver office, but we’ll represent client along the Front Range as well as throughout the state.