Appeals Court Hears Case Challenging CSA

WASHINGTON — Industry and government lawyers argued Sept. 10 before three federal judges here on whether the Federal Motor Carrier Safety Administration properly formulated the Safety Measurement System segment of its Compliance, Safety, Accountability program.

An attorney for the Alliance for Safe, Efficient and Competitive Truck Transportation told a panel of the U.S. Court of Appeals for the D.C. Circuit that a May 2012 PowerPoint presentation on SMS should be considered a rule that augments the CSA program and that it was enacted improperly.

A Justice Department attorney representing FMCSA said the ASECTT challenge is wanting in that the PowerPoint is just a support document for the CSA program and not a rule. Furthermore, as the original program became effective in 2010, it is now too old to be argued in court.

The judges asked the two attorneys to focus their arguments on the issues of timeliness and legal definitions rather than the merits of the rule as federal policy. SMS organizes data from truck safety inspections and presents them in seven broad safety areas.

Chief Judge Merrick Garland said the panel would take the case under advisement. ASECTT attorney David Frulla said he expects the judges will issue an opinion several months from now.

The Motor Carrier Safety Advisory Committee, a panel of stakeholders that advises FMCSA on its policies, will meet Sept. 11 to discuss how carriers’ CSA scores have been used in lawsuits.