Tuesday, August 2, 2011


The FMCSA seems committed to replacing the existing safety fitness determination regulations with unproven SMS methodology. Seven months after public release of this grading system, the systemic flaws and adverse effect on competition and efficiency outweigh any proven safety benefit and threaten to heighten vicarious liability concerns in the shipper and broker community.

An ad hoc committee, the Alliance for Safe, Efficient and Competitive Truck Transportation (ASECTT) has been formed to oppose implementation of SMS methodology through the impending rulemaking, legislative and judicial process.

I am attaching a Press Release issued by ASECTT’s Chairman Tom Sanderson of Transplace together with Comments filed by it with the FMCSA’s Motor Carrier Safety Advisory Committee and in opposition to the Agency’s 5 Year Strategic Plan.

I urge you to review this material and consider lending your company’s support by joining ASECTT which can be easily done by visiting www.asectt.blogspot.com.

Yours truly,
Henry E. Seaton, Esq.


The Alliance for Safe, Efficient and Competitive Truck Transportation Announces the Selection of Organization’s Chairman Tom Sanderson, President & CEO of Transplace

July 29, 2011 – The Alliance for Safe, Efficient and Competitive Truck Transportation (ASECTT) announced today the selection of Tom Sanderson, president & CEO of Transplace as its chairman. Mr. Sanderson was chosen because of his recognized leadership in the transportation industry and his commitment to ensuring that trucking remains a fair and competitive marketplace.

“It is an honor and a privilege to be selected as a leader for this excellent organization,” says Sanderson. “It is important for shippers, carriers, brokers and others to have the ability to voice their concerns with the regulatory issues that will have lasting impacts this industry.”

ASECTT is a nonprofit corporation, composed of carriers, shippers, brokers and other interested parties who are committed to balanced regulations governing truck transportation. ASECTT is concerned that pending FMCSA regulations have lost
sight of Congress’ commitment to efficient and competitive transportation needs and involve over-regulating the industry through unproven SMS methodology with dire consequences to due process, carrier rights, and the principles which underlie deregulation.

“ASECTT resulted from heightened awareness in the shipper, broker and carrier community to the potential adverse consequences of public release of SMS Methodology in December 2010,” says Steve Sample, president of Tyme-It Transportation.

ASECTT has filed comments with the Motor Carrier Safety Advisory Committee pointing out that flaws in SMS methodology relate not only to severity weighting but also are systemic to the nature of the program. Pointing out that the University of Michigan has not been released and that correlations between compliance and safety have yet to even be established, ASECTT urges the Agency to withdraw SMS methodology, reaffirming the principles of 49 C.F.R. 385.

It notes that seven months after the program was released to the public, it still does not accomplish its original goal of comprehensively rating all carriers. Of the 483,000 entities regulated by the Agency, Sanderson notes that most do not have scores in any of the BASICs.

In addition, ASECTT has filed comments in response to the Agency’s announced 5 year plan, noting that the plan presupposes intended results which defy proper use of the Administrative Procedure Act and have not been directed or approved by Congressional mandate.

“The inclusion of shippers and brokers as regulated parties by the FMCSA, is a proposal without any current warrant,” Sanderson said. “The role of the regulator is to certify the regulated party as safe for use by the consumer. Shippers and brokers, like the traveling public, are protected parties who should be beneficiaries of the regulators’ expert decision in establishing carriers who are fit for use.”

ASECTT membership is open to all members of the shipping community. More information about the organization can be found at www.asectt.blogspot.com.

Its current Board of Directors includes:

Vice Chair
Tom Sanderson, Transplace
Matt Jewell, Sr. VP/Legal, Forward Air
Scott Michaelis, Southern States Cooperative

Additional Executive Committee Members:
James DeMatteis
Dave Kreigh
Bill Bierman
Steve Sample
Des Moines Truck Brokerage (Broker)
VP Operations, Towne Air Freight (AEMCA) (Air Freight)
Attorney (Executive VP, TLP&SA)
Tyme-It Transportation (Expediting Industry)

Other Committee Members:
David Manning
John Elliott
Joseph Wiley
David Baker
Richard McDuffie
Steven W Norman
Bob Farrell
David Owen

TCW, Motor Carrier Representative to IANA Board
Load One (TEANA)
Director of Operations, RFX Companies
Apex Capital
Dunavant Enterprises
Universal Traffic Service

Steve Dye

Kecia Gray

ASECTT_Strategic Plan Comments-FINAL


No comments:

Post a Comment

Please email: asectt@gmail.com