This time last year, federal regulators tasked with ensuring our nation’s roadways were going to act on a 14-year-old petition to require new trucking operators to take a standardized proficiency test before being granted operating authority. The Federal Motor Carrier Safety Administration issued a final rule in 2008 under a provision in a 1999 law aimed at improving the safety performance of new-entrant carriers. The petition was an attempt to resolve a deficiency caused by the FMCSA’s final rule failing to establish a proficiency exam as required by the 1999 law. In fact, in 2012 Congress mandated the FMCSA test, requiring that the test must be passed before a motor carrier can be registered with the U.S. Department of Transportation. The deadline for the FMSCA to provide the test was April 2014.
Currently, the knowledge and skills required to obtain a Commercial Driver's License (CDL) vary across states, leading to inconsistencies in driver qualifications and safety awareness. A standardized FMCSA proficiency test would address this issue by establishing a national benchmark for Commercial Motor Vehicle (CMV) driver knowledge. This would ensure that all drivers, regardless of their state of origin, possess a strong foundation in federal motor carrier safety regulations (FMCSRs). By standardizing the knowledge base of CMV drivers, the test can contribute to a significant reduction in accidents and fatalities on the road. A comprehensive test can identify drivers who may lack essential safety knowledge. A standardized test can streamline the CDL application process and reduce the administrative burden on state driver licensing agencies. The test would ensure a consistent standard of knowledge and skills for all CMV drivers, creating a level playing field across the industry.
While the American Trucking Associations support the proficiency test requirement as well as requiring new entrants to complete safety training before receiving a DOT number, the test is not without controversy. The Owner-Operator Independent Drivers Association opposes the test, believing that a proficiency exam does not reflect practical knowledge and does not in and of itself help prevent truck accidents.
Pointing out a lack of a standard test is not to imply a great deal has not been done by federal regulators to improve safety on U.S. roads by identifying and addressing potential safety risks early in a new carrier's operation. Regulators have taken steps to ensure new entrants understand and comply with federal safety regulations, as well as promote a culture of safety within new motor carrier companies. For example, the FMCSA created the New Entrant Safety Assurance Program, an initiative designed to enhance safety on U.S. roads by closely monitoring the safety performance of new motor carriers for the first 18 months of their operation. This program applies to both U.S. and Canada-based motor carriers seeking to operate in interstate commerce. The program requires new entrants to undergo a comprehensive safety audit within the first 18 months of operation to assess the carrier's safety management controls, including driver qualifications, vehicle maintenance, and record-keeping practices. The FMCSA also monitors new entrants through regular roadside inspections and the Compliance, Safety, Accountability (CSA) program. The CSA program assigns safety scores based on inspection results, crash data, and other factors. If a new entrant fails the safety audit or demonstrates concerning safety issues during the monitoring period, they are required to implement corrective actions. Failure to address these issues can result in the revocation of their U.S. Department of Transportation (DOT) registration.
Of course, we need to ask if a test would address the growing rate of accidents. Data collected by the FMCSA shows that motor carriers operating within 24 months of graduating from the new-entrant program had twice as many total crashes and nearly twice as many fatal crashes per 100 power units as established carriers. The percentage of fatal large-truck and bus crashes involving new-entrant carriers climbed from 4.6% to 7.4% from 2017 to 2022, according to a snapshot of Federal Motor Carrier Safety Administration data taken at the end of 2023. For 2022, the increase in crashes resulted in 494 deaths and over $5.5 billion in costs.
Unfortunately, rather than showing the solution to the increase in accidents is the standardization of an existing state’s test, the data indicates that other factors may play a greater role in the accident rate uptick. Regardless of the opinion you may have as to whether a standard test would be effective in reducing the number of accidents, we can all agree that the rising accidents amongst new carriers must be stopped to protect the image of the industry as it shapes how the jury will view our drivers involved in accidents.
Motor carriers are constantly trying to find new ways to communicate the best safety practices to their drivers. Sometimes, a message can be most effectively delivered if provided by an expert. For this reason, Steve Setliff, partner and owner of Setliff Law, is willing and eager to attend your company’s drivers’ meetings in order to discuss what to do in the event of an accident and how every decision that a driver makes following an accident can have ripple effects throughout any subsequent litigation arising from the accident. Mr. Setliff is also happy to discuss, from a legal perspective, exactly what drivers should expect in the event of an accident.
If you have questions about this article, or about scheduling an educational drivers meeting, please contact Michael Jacquez (mjacquez@setlifflaw.com) at (804) 377-1262 or Steve Setliff (ssetliff@setlifflaw.com) at (804) 377-1261.
Sources:
FMCSA New Entrant Safety Assurance Program website: https://ai.fmcsa.dot.gov/NewEntrant/home.aspx
FMCSA New Entrant Safety Assurance Program Brochure: https://www.fmcsa.dot.gov/safety/new-entrant-safety-assurance-program-brochure
https://www.freightwaves.com/news/fmcsa-to-consider-requiring-proficiency-tests-for-new-carriers
https://www.freightwaves.com/news/crash-data-involving-new-truck-bus-drivers-getting-worse Key Program Components
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