Wednesday, March 28, 2012

Guest Commentary: FMCSA Data on CSA/SMS Proves the Scores Cannot be Used by the Shipping Public

See the article by: Tom Sanderson on

"The CSA/SMS methodology and measurement system is fatally flawed. Only a small fraction of carriers are measured, and of those that are, an astonishing 56 percent are deemed to warrant further intervention because of high scores. With highway accidents at an all-time low and improving steadily, how can more than half of all carriers measured require further scrutiny?"

Tuesday, March 13, 2012

FMCSA refuses ATA request to scrub clearly non-preventable accidents from SMS scores

Considering the agency's reluctances to simply scrub data which charges carriers with accidents which aren't their faults, is this further proof that SMS methodology is fundamentally flawed? 

Friday, March 9, 2012

James R. Edwards Jr., ASECTT Legislative Strategist

Everybody in transportation strongly supports safety. That’s not the issue. The issues are how regulators measure carrier safety and go about trying to improve safety. CSA fails on both counts.

Wednesday, March 7, 2012

ASECTT Legislative Summary: Small Business Administration Roundtable and Congressional Visits

On February 14 and 15, approximately a dozen ASECTT members were in Washington.  On the 14th a meeting was held at the Small Business Administration with members of the FMCSA and various stakeholders.  The following day, ASECTT representatives visited with approximately two dozen Congressmen, Senators or staffers to explain the problems with CSA/SMS methodology and to seek Congressional oversight in light of the pending highway reauthorization legislation.

Thursday, March 1, 2012

Important article by Brent Primus "Logistics and the Law: CSA/SMS—Shippers, take action!"

See below for the article by Brent Primus for Logistics Management on the unintended effect of increasing shippers’ exposure to vicarious liability.

Why SMS methodology is not the law and should not become the law

In order to make a substantial change in existing regulations, an administrative agency is required to go through “rulemaking”. Under the Administrative Procedure Act, this requires the issuance of a Notice of Proposed Rulemaking, giving everyone in the industry an opportunity to make comments which then must be considered by the Agency before a final rule can be issued. This Administrative Procedure Act requirement has ancillary statutes including the Regulatory Flexibility Act and the Paperwork Reduction Act in particular, which require the Agency to consider the effect of any proposed rule on private industry and small carriers in particular. In addition, the National Transportation Policy which is a transportation statute, requires the FMCSA to consider the effect of any proposed rule on efficiency, competition and small businesses. The Agency has failed to comply with these Acts.