News

New Federal Program Requires Truck Driver and Carrier Company to Improve Safety

The Federal Motor Carrier Safety Administration (FMCSA) is looking to change the way truck carrier companies hire truck drivers by enforcing new regulations that essentially grade each driver. Specifically, the driver will now be scored just as the carrier used to be and the driver's score will reflect how long the driver will reflect how long he or she will be in the trucking industry. The new FMCSA safety program, the Behavioral Analysis and Safety Improvement Categories (BASICs), are seven categories of safety behaviors measured in the Safety Measurement System (SMS).

The BASICs represent behaviors that can lead to crashes and include the following categories for purposes of driver scoring and assessment: unsafe driving, driver fitness, controlled substances and alcohol, driver fatigue (hours-of-service), vehicle maintenance, crash history, and cargo-related loading and/or securing. The Carrier SMS uses a motor carrier’s data from roadside inspections, including all safety-based violations, State reported crashes, and the Federal motor carrier census to score and rank carriers in each BASIC.

The device currently being used, the Safestat, is now being replaced with a Safety Management System or "SMS"; and numerous states have already started to test this now. The SMS requires the driver to do a pre-trip and to report any and all unsafe equipment to its truck carrier company for repair or replacement, otherwise the driver may have his or her license suspended. Further, the Department of Transportation ("DOT") inspection will become much more important to the driver as the inspection results will become a mandatory part of the driver's record. Violations that are found now count against the driver, and not just against the carrier company. This system has been created in an effort to change the attitude of many drivers regarding his or her inspection of trucks or such carrier vehicles prior to driving or, ultimately, the truck driver's license will be suspended resulting in the inability to obtain employment opportunities.

The BASICs guideline in more detail are, as follows:

    •    Unsafe Driving: dangerous or careless operation of commercial motor vehicles (CMVs). Data includes driver traffic violations and convictions for speeding, reckless driving, improper lane change, inattention, and other unsafe driving behavior.

    •    Driver Fitness: operation of a CMV by drivers who are unfit to operate a CMV due to lack of training, experience, or medical qualification. Data includes (1) inspection violations for failure to have a valid and appropriate commercial driver’s license or medical or training documentation, (2) crash reports citing a lack of experience or medical reason as a cause or contributory factor, and (3) violations from an off-site investigation or an on-site investigation for failure to maintain proper driver qualification files, or use of unqualified drivers.

    •    Controlled Substances and Alcohol: operating a CMV while impaired due to alcohol, illegal drugs, and misuse of prescription medications or over-the-counter medications. Data includes (1) roadside violations involving controlled substances or alcohol, (2) crash reports citing driver impairment or intoxication as a cause, (3) positive drug or alcohol test results on drivers, and (4) lack of appropriate testing or other deficiencies in motor carrier controlled substances and alcohol testing programs.

    •    Fatigued Driving: driving a CMV when fatigued. This is distinguished from incidents where unconsciousness or an inability to react is brought about by the use of alcohol, drugs, or other controlled substances. Data includes (1) hours-of-service violations discovered during an off-site investigation, on-site investigation, roadside inspection, or post-crash inspection, and (2) crash reports with driver fatigue as a contributing factor.

    •    Vehicle Maintenance: measured by CMV failure due to improper or inadequate maintenance. Data includes (1) roadside violations for brakes, lights, and other mechanical defects, (2) crash reports citing a mechanical failure as a contributing factor, and (3) violations from an off-site investigation or an on-site investigation associated with pre-trip inspections, maintenance records, and repair records.

    •    Crash Indicator: driver's history or patterns of high crash involvement, including frequency and severity. Data includes law enforcement crash reports and crashes reported by the carrier and discovered during on-site investigations.

    •    Improper Loading and/or Cargo Securement: records, if any, of driver having shifted loads, spilled or dropped cargo, and unsafe handling of hazardous materials. Data includes (1) roadside inspection violations pertaining to load securement, cargo retention, and hazardous material handling, and (2) crash reports citing shifting loads, or spilled/dropped cargo as a cause or contributing factor.

For additional information regarding the new truck driver regulations or for help answering any questions you have relating to truck accident injuries and damages, please do not hesitate to contact our team of lawyers who are ready to learn more about your situation. Gray and White Law has helped many families whose loved ones were the victims of truck crashes, wrecks, collisions or car accidents in Kentucky through no fault of their own. If you, or someone you love, suffered serious injuries that resulted from a vehicle or truck related accident or catastrophe, then you should contact the experienced and knowledgeable personal injury attorneys of Gray and White Law immediately. We are among Kentucky's top ranking law firms and our lawyers are ready to help you with any questions or concerns you might have relating to your claim. Simply contact us at any time for your free legal consultation via confidential e-mail or by toll-free call at 1-800-634-8767.

Read More About New Federal Program Requires Truck Driver and Carrier Company to Improve Safety...

back to top