FMCSA Could Reward Carriers For Adopting Safety Measures

This story appears in the April 20 print edition of Transport Topics.

A Federal Motor Carrier Safety Administration official said the agency is exploring an initiative that would reward carriers that deploy safety technologies or implement safety programs that exceed regulatory requirements.

Although in the initial planning stages, the “Beyond Compliance” program ultimately could provide the safest carriers adjustments with their Compliance, Safety, Accountability scores or even excise tax credits, said Bill Quade, FMCSA’s associate administrator for enforcement and program delivery.

Quade told Transport Topics the agency plans to post soon a Federal Register notice seeking ideas from stakeholders on what types of safety programs or technologies deserve extra credit, how carriers should be rewarded and how the agency could manage such a program.

However, a preliminary report from an agency advisory committee made public last week contends the challenges of implementing and funding such a program are significant, especially without an influx of additional resources.

“We regulate a huge industry, and we are struggling to get to the worst people in the industry,” Quade said. “When I don’t have enough resources to go see the worst people, diverting some of those resources to go see the good people to make sure they’re doing good things is difficult for us to get our hands around.”

The idea gathered steam last year when the Commercial Vehicle Safety Alliance sent a letter to FMCSA calling for a pilot program that would investigate the prospects of voluntary adoption of nonregulatory solutions to enhance safety performance.

“We envision a system that would provide motor carriers with CSA ‘credits’ in exchange for adoption of identified technologies and safety management solutions,” according to the Sept. 26 letter sent by Stephen Keppler, CVSA’s executive director.

In an interview with TT, Keppler said similar incentive concepts already are being offered in Australia and Canada.

“Because of CSA and the way CSA works, the only way a carrier can get healthy if they’ve got a poor CSA score is by time or having good inspection data,” Keppler said.

The FMCSA report from the advisory committee noted that several members believed the concept would be feasible, but a challenge to measure, monitor and fund.

“Some suggested that a third party that would identify standards is a way that could help a beyond compliance program move faster,” the report said.

Some of the suggested technologies cited in the report included collision mitigation, roll stability, navigation, automated transmissions, speed governors, fatigue monitoring systems, electronic logging devices and side and rear underride guards.

Suggested voluntary management practices included paying drivers by the hour, pre-employment driver screening, employer notification systems, wellness incentives, fatigue management programs, hair testing and additional driver training.

Sean Garney, director of safety policy for American Trucking Associations, said the committee also discussed a carrier being publicly acknowledged as “safe” on an agency listing.

“But so far, it’s a pretty squishy concept,” said Garney, who represented ATA at recent meetings.

“Our view is, we’re theoretically OK with the concept,” said committee member Henry Jasny, general counsel for Advocates for Highway and Auto Safety.

“But we have concerns about verification,” he added, “If somebody is self-certifying that they’re doing, say, a sleep apnea testing program, you need to have some documentation of it. There are a lot of questions that are still unanswered.”

Verification very well could come from some third-party contractor, Quade said.

“The reality is that simply snapping a piece of technology on a truck doesn’t necessarily result in safety occurring — and I think most carriers would agree with us on that,” Quade said. “There has to be management follow-through. How do we verify the integrity of these programs other than a carrier saying, ‘I put technology on my trucks’?”