1 FSWG Compliance Safety Accountability 1 FMCSA Duluth Superior Transportation Association March 21, 2012 Dan Drexler

2 FSWG Compliance Safety Accountability Overview of CSA investigative process Rulemakings / Policy / Initiatives FYI Topics

What is CSA? CSA is the Federal Motor Carrier Safety Administration’s (FMCSA) enforcement and compliance program used to achieve the agency’s mission to reduce commercial motor vehicle crashes, fatalities, and injuries CSA was designed, field-tested, and refined over five years prior to national launch in December 2010

CSA’s Results Roadside inspection violation rates are down by 9% Driver violation rates are down by 12% The new SMS has enough performance data to evaluate nearly 40% of active carriers – Those carriers are responsible for more than 92% of reported crashes As of January 2012, FMCSA sent more than 50,000 Warning Letters – An independent evaluation of the field test showed that most carriers improved safety compliance after receiving a Warning Letter or other intervention Website housing SMS hosted nearly 30 million user sessions in the year after launch, versus nearly 4 million in the prior year

Upcoming Improvements

SMS is designed and intended to be continually improved – Better technology, new data, and continuing analysis will provide both means and opportunity for refinement FMCSA will take a systematic approach to rolling out improvements – Prioritize and package changes at regular intervals – Provide carrier preview period prior to implementation SMS Improvement Process

March 2012 – June 2012 Motor carriers preview SMS changes FMCSA and State Partners have access to preview at least 1 week prior to carriers Preview participants will be able to view the carriers’ percentile ranks without the changes (“normal”/public SMS site) and with the enhancements (preview site) July 2012 SMS public website updated with the SMS changes discussed – Both logged-in users and the general public will see percentile ranks – Crash Indicator BASIC percentiles will remain available to only logged-in users Schedule of Upcoming Changes

1.Change the Cargo-Related BASIC to Hazardous Materials (HM) BASIC to better identify safety problems related to HM 2.Strengthen the Vehicle Maintenance BASIC by incorporating cargo/load securement violations from today’s Cargo-Related BASIC 3.Better align SMS with Intermodal Equipment Provider (IEP) regulations 4.Align violations included in SMS with CVSA inspection levels by eliminating vehicle violations derived from driver-only inspections and driver violations from vehicle-only inspections SMS Proposed Changes – July 2012

5.More accurately identify carriers involved in transporting HM or passengers 6.Modify the SMS Display to: – Change terminology (replace terms Insufficient Data and Inconclusive) to fact-based definitions – Break out crashes with injuries and crashes with fatalities SMS Proposed Changes – July 2012 (cont.)

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Detailed Information on Changes 18

Rulemakings / Policy / Initiatives

20 FSWG Compliance Safety Accountability New Hours of Service Final Rule was published on December 27, The effective date of the Final Rule is February 27, 2012 The compliance date of provisions are February 27, 2012 and July 1, * Issuing additional guidance in the coming weeks. Hours of Service 20

21 FSWG Compliance Safety Accountability Hours of Service 21

22 FSWG Compliance Safety Accountability Medical Certification as part of the CDL –Final Rule December 1, 2008 –Required state compliance by January 30, 2012 and Drivers by January 30, 2014 –Drivers are required to certify, produce a medical every 2 years or there license will be downgraded National Registry of Certified Medical Examiners –Proposed Rule December 1, 2008 –Proposes to require anyone who can legally conduct a DOT physical to be trained - The FMCSA will certify training requirements and maintain list Medical Certs part of CDL and Examiner Registry 22

23 FSWG Compliance Safety Accountability Cell Phone Use Restrictions by CMV Drivers. –January 3, 2012 effective date Are commercial motor vehicle (CMV) drivers allowed to use push-to-talk mobile communications equipment while driving? Answer: Yes, provided the driver does not reach for, dial, or hold the actual mobile telephone in his/her hand while driving and the driver is able to touch the button needed to operate the push-to-talk feature from the normal seated position with the safety belt fastened. Texting while driving –Final rule 09/21/2010 –FMCSA-MN $1700 driver enforcement Mobile Communications 23

24 FSWG Compliance Safety Accountability PSP (Pre Employment Screening System) –PSP contain the most recent 5 years of crash data and 3 years of roadside inspection data from the FMCSA MCMIS system –A carrier will pay $10 for each requested driver history. An annual subscription fee of $100 also applies. –Individuals can request a personal driving history for a fee of $10. No subscription is necessary for individual drivers. DATAQ: Challenge the system! –For Carriers and Drivers – PSP and Data Q 24

25 FSWG Compliance Safety Accountability Notice to Carriers: D&A supervisor training (Reasonable Suspicion). Third-party inspectors offering “safety certifications to passenger carriers.” Aggressive Marketing Tactics 25

Contacts MNSP District Centre Pointe Curve, Suite 410 Mendota Heights, MN Phone FMCSA MN Galtier Plaza, 380 Jackson St Suite 500 St. Paul, MN Phone MNDOT OFFICE OF FREIGHT & COMMERCIAL VEHICLE OPERATIONS 395 John Ireland Blvd St. Paul MN Phone