Coalition proposes fundamental changes in FMCSA’s carrier oversight

Six transportation industry organizations proposed to FMCSA’s Motor Carrier Safety Advisory Committee (MCSAC) that an essential part of the agency’s regulatory reform and strategic plan efforts should be to adopt sweeping reforms rooted in sound data, simplified rules, greater due process, and closer attention to marketplace conditions that pose future threats to truck capacity.

The proposal was offered during MCSAC’s public meeting on June 12 by a coalition that includes the Air and Expedited Motor Carriers Association, the Alliance for Safe, Efficient and Competitive Truck Transportation, the American Home Furnishings Alliance, the Auto Haulers Association of America, The Expedite Alliance of North America and the Transportation Loss Prevention and Security Association. The coalition recommends six basic changes:

1. Replacement of the Safety Measurement System with biennial “desktop” audits of all active motor carriers;

2. Replacement of the Unified Registration System with a simple, comprehensive, publicly accessible system;

3. Separation of FMCSA’s investigative and adjudicatory functions;

4. Transfer of the adjudicatory and administrative functions of FMCSA to the Surface Transportation Board or other separate panel within the U.S. Department of Transportation;

5. Replacement of website notice and guidance with Administrative Procedure Act-compliant rulemaking;

6. Clarification of the scope of federal preemption of state laws

MCSAC’s June 12-13 meeting focused on the agency’s strategic plan, regulatory reform options, and the testing of highly automated commercial vehicles. For a summary of the coalition’s comments, click here. For the full submission is available as part of the MCSAC meeting record, click here.