Thursday, July 3, 2014
ASECTT v. FMCSA – A Win, Lose or Draw?
Henry E. Seaton
On June 17, 2014 The D.C. Court of Appeals issued its decision in ASECTT v. FMCSA. At issue was whether the FMCSA's guidance issued in May of 2012 amounted to a new rule directing shippers and brokers to use SMS methodology in credentialing carriers. Petitioners' arguments were supported by Declarations showing that SMS methodology does not accurately measure carrier safety performance and that the guidance amounted to a new rule requiring shippers and brokers to use SMS methodology to bar from use thousands of carriers which the Agency itself has found are fit to operate on the nation's roadways.