Senior Reporter
New Safety Fitness Rule Could Affect State Laws, FMCSA Tells Governors Group
The Federal Motor Carrier Safety Administration has notified the National Governors Association that the agency’s proposed new methodology it plans to use to determine the safety fitness of motor carriers may affect some existing state laws, regulations or regulatory activity.
In a letter to the NGA late last month, Larry Minor, FMCSA’s associate administrator for policy, said that an existing executive order requires federal agencies to consult with state and local officials when developing policies that “have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government.”
The Jan. 15 proposed FMCSA safety fitness determination rule would scrap the current three-tier federal SafeStat rating system of “satisfactory, conditional or unsatisfactory” for carriers used since 1982 with a single determination of “unfit,” which would require the carrier to either improve or cease operations.
The new proposal would use data from agency and roadside inspections and investigations, or both, in evaluating monthly whether a carrier is fit to operate.
Under the proposal, a carrier could be labeled unfit by failing two or more Behavior Analysis and Safety Improvement Categories, known as BASICs, through inspections or investigation results, or a combination of both, the agency said.
Minor’s letter said that the proposed rule could affect Motor Carrier Safety Assistance Program grants used for inspections and motor carrier investigations.
“As part of this rulemaking, FMCSA proposes to adopt a requirement that states receiving MCSAP grants be required to enforce orders issued by FMCSA related to CMV safety and hazardous materials transportation safety, which would include, among others, orders placing an unfit motor carrier out of service after FMCSA has determined the motor carrier is unfit,” the letter said.
The letter added, “Given the important national safety issues involved in this rulemaking, if you or the elected officials that the NGA represents would like to meet with FMCSA on this rulemaking, please contact us at your earliest convenience.”
An NGA spokeswoman declined to comment.
