CSA 2010 Enforcement
Posted on Mon, Oct 18, 2010 @ 08:33 AM
As it stands right now, the enforcers of CSA 2010 have really only one form of reprimand in its arsenal. However, this does not mean it should not be feared nor will they only have one weapon forever. Punishment is brought about having deficient ratings according to the seven BASIC categories that are on the CSA 2010 Scorecard. Currently, the penalty for such offenses will result in a full-blown, on-site compliance review. This may not sound like much, but for carriers, it’s about as bad as being audited by the IRS. Mostly because they are a long, painstaking process that usually do not result in a whole lot of good news for the carrier. The new standards that CSA 2010 has for carriers will make it nearly impossible to escape a compliance review without at least a warning. Based on a carrier’s scorecard, the FMCSA enforcement personnel will determine what method of enforcement to implement.
Types of CSA 2010 Enforcement
“Enforcement will no longer be a one-size-fits-all scenario.” says the Owner-Operator Independent Driver’s Association. Enforcement can be brought about by four different ways: one or more deficient BASICs, a high crash indicator, a complaint, or a fatal crash. The 7 BASICs are driver fitness, unsafe driving, fatigued driving, controlled substance and alcohol, crash indicator, vehicle maintenance, and improper landing and cargo securing. If a carrier receives a deficient score on any of these seven categories, intervention will ensue. Interventions will include early contact in the form of a warning letter starting on November 30th, as well as targeted roadside inspections.
After the early contact, enforcement steps up to investigations, which include off-site investigations, on-site focused investigations, and on site-comprehensive investigations. The FMCSA can also require a cooperative safety plan, issue a notice of violation, or issue a notice of claim (a fine). CSA 2010 no longer has just one method of enforcement in its arsenal. A full, on-site investigation is still one of the highest degrees of reprimand, but there are many new forms of enforcement.
Carrier’s currently can access their safety data and measurement information so they can get ahead of the problem and avoid early contact. The carrier and driver performance data will be placed into the 7 BASIC categories and weighted according to their relationship to risk. Here is the way companies will be rated in each category:
• RED – Deficient (90% to 100%)
• YELLOW – Warning (75% to 90%)
• GREY – Under Threshold (0% to 75%)
The CSA 2010 is cracking down on carrier and driver violations all over the nation and it is just getting started because it is not even in full effect. The CSA 2010 should be fully implemented by Spring or Summer 2011. By then almost all carriers will know exactly where they stand in terms of the punishment they will receive from the FMCSA.