Monday, November 7, 2011

BREAKING NEWS: Important Study Challenges SMS Methodology

The predicate for use of SMS methodology as a new safety fitness determination is the unproven assumption that percentile rankings of carriers by peer groups based upon roadside inspections is an adequate predictor of carrier safety. The Agency’s methodology was constructed and modified without the benefit of completed statistical and scientific research and has been supported only after the fact by release of the ambiguous University of Michigan study which was based upon stale and unchallenged data.

Unified Registration System / Supplemental Notice of Proposed Rulemaking

On Wednesday, October 26, the FMCSA issued a Supplemental Notice of Proposed Rulemaking which will have a far reaching effect. Over 5 years ago, Congress directed the FMCSA to obtain evidence of insurance and agents on all carriers subject to its safety jurisdiction. This rulemaking would accomplish that Congressional directive by replacing the OP-1 application for the transportation of regulated commodities and requiring all carriers with DOT numbers to file evidence of insurance and agents. A new application form, MCSA-1, would be used prospectively.