CVEO 3 Larry Pasco Spokane Washington State Patrol Commercial Vehicle Division District Supervisor 1

WHY? CMV Fatalities in Washington 2007 (60) 2008 (54) 2009 (30) 2010 (24) 2011(3 YTD May)

Commercial Vehicle Safety Alliance International not for profit organization Compromised of law enforcement and industry Goal is uniformity and reciprocity

CVSA Roadside Inspections Level 1 Full Inspection Level 2 Walk around Level 3 Paperwork/driver only

Compliance, Safety, Accountability (CSA) A New Way To Measure and Address Commercial Motor Vehicle Safety

Does CSA 2010 change the way we conduct our enforcement? No. It will be business as usual. No laws have changed, just the way safety scores are calculated. Knowledge of how CSA 2010 works will help you answer questions, head off rumors, and handle complaints.

The way FMCSA measures carrier safety – Identifies unsafe carrier and driver behaviors that lead to crashes – Uses all safety-based roadside inspection violations How FMCSA addresses carrier safety issues – Reaches more carriers earlier and more frequently – Improves efficiency of investigations Focuses on specific unsafe behaviors Identifies root causes Defines and requires corrective actions What Changed? 7

Methodology Overview Gather 24 months of on-road safety event data (i.e., inspections, crashes) to create a safety event history Place each carrier violation and/or crash into a BASIC Convert BASIC data into quantifiable measure/rate Develop a percentile rank for each BASIC based on each carrier BASIC measure Safety Event Data BASIC Data BASIC Measures Percentile 8

BASICs focus on behaviors linked to crash risk 1.Unsafe Driving (Parts 392 & 397) 2.Fatigued Driving (Hours-of-Service) ; Parts 392 & 395) 3.Driver Fitness (Parts 383 & 391) 4.Controlled Substances/Alcohol (Parts 382 & 392) 5.Vehicle Maintenance (Parts 393 & 396) 6.Cargo-Related (Parts 392, 393, 397 & HM) 7.Crash Indicator BASICs 9

The Operational Model 10

New Agency Plans for Drivers The new measurement system provides an internal tool to address CMV drivers called the Driver Safety Measurement System (DSMS): – Provides enhanced information on individual drivers to investigators to identify drivers with safety problems – Allows for prioritizing driver sampling during carrier investigation – Supports investigator follow up on significant violations (Red Flag Violations) Under CSA, individual drivers will not be assigned safety ratings or safety fitness determinations 11

Carrier Measurement: SMS Results 12

Violation Details Provided in SMS 13

Further Drilldown in SMS 14

Further Drilldown in SMS 15

Further Drilldown in SMS 16

Further Drilldown in SMS 17

How does a carrier improve and get out of the intervention process? “Good” Inspections “Get Well” Rules – Unsafe Driving and Controlled Substances/Alcohol BASICs No percentile assigned if no inspections with a violation in these BASICs in the last year – Crash Indicator No percentile assigned if no crashes in last year – Fatigued Driving (HOS), Driver Fitness, Vehicle Maintenance and Cargo-Related BASICs No percentile assigned if: – No inspections with a violation in that BASIC within the past year; and – Most recent relevant inspection does not have a violation of that BASIC 18

Carrier Access to Measures and Percentiles Carriers have access to full SMS results and BASIC measurements Public has access to SMS results and BASIC measurements except for percentile scores for the Crash Indicator and Cargo-Related BASIC – Cargo-Related violations are available to the public Decision regarding what to display was based on feedback through out the field test and data preview – List of Crashes are available to the public Similar to the Accident SEA in SafeStat 19

Pre-employment Screening Program (PSP) – PSP was mandated by Congress and is not a part of CSA – “Driver Profiles” from FMCSA’s Driver Information Resource (DIR) are available to carriers through PSP – Driver Profiles will only be released with driver authorization – PSP is currently available, access and additional information can be found at New Agency Plans for Drivers (cont’d) 20

 Quality data is key to CSA 2010  Current data is useful and meaningful; improvements can always be made  DataQs provides the public (including carriers and drivers) the opportunity to challenge the accuracy of federal and state reported data U.S. Department of Transportation Federal Motor Carrier Safety Administration FMCSA Data Quality

 The DataQs system is an electronic means for Carriers to file concerns about Federal and State data  Through this system, data concerns are automatically forwarded to the appropriate office for resolution (In Washington, CVD HQ)  The system also allows carriers to monitor the status of each filing.  The DataQs program ( U.S. Department of Transportation Federal Motor Carrier Safety Administration What is a DataQ?

 Improper Challenges:  Driver fired, please remove all these violations  Crash not our fault, please remove  Driver caused the violation, please remove  Violation was committed by an owner operator or other carrier that was leased to our operation when the violation occurred, please remove  Company with a valid lease agreement to an owner operator challenges that the violation should be assigned to the owner operator Challenging Data= DataQ

 Proper Challenges:  Driver not in violation  Vehicle not in violation  Believe the officer has incorrectly applied the regulation to your operation  The officer did not allow for an exemption  Error in documentation from another government/state agency Challenging Data= DataQ

With respect to crash and roadside inspection data, the MCMIS documents the occurrence and results of these events as reported by the States. Any challenges to data provided by State agencies must be resolved by the appropriate State agency. Once a State office makes a determination on the validity of a challenge, FMCSA considers that decision as the final resolution of the challenge. FMCSA cannot change State records without State consent. Challenging Data= DataQ

April 12 – November 30, 2010 – Motor carriers were able to preview roadside inspections/violations and crash events by BASIC. Summer 2010 – June 30 th – The Operational Model Test (Op-Model Test) ended. – July –July – The Test States partially applying the CSA 2010 Operational Model fully switched to CSA. – August The SMS Methodology wasmodified to increase its effectiveness. Motor carriers were able to see an assessment of their violations based on the new SMS. December 2010 – The SMS replaced SafeStat and made available to the public. – FMCSA/States began to prioritize enforcement using the SMS. – Roadside Inspectors began to use the SMS results to identify carriers for inspection. – Transitional elements were introduced to enhance the effectiveness of the phased rollout – In February, FMCSA began issuing warning letters to carriers with BASICs over the interventions threshold – Safety Fitness Determination Notice of Proposed Rulemaking is scheduled to be released. – Enforcement staff will be trained on the CSA enhanced investigation approach; later, new interventions will be implemented state-by-state. CSA Rollout Schedule 26

 CVD Headquarters at   CVEO 3 Larry Pasco at  (509) 