Safer Roads on the Horizon?

FMCSA's Initiative to Enhance Safety in the Trucking Industry:

In the trucking industry, safety is paramount. Responsible industry stakeholders should applaud the recent announcement from the Federal Motor Carrier Safety Administration (FMCSA) that it is developing a new methodology to determine when a motor carrier is not fit to operate commercial motor vehicles (CMVs) in or affecting interstate commerce. FMCSA recently published an advanced notice of proposed rulemaking (ANPRM) and request for comments. FMCSA has authority to revoke the operating authority registration of any motor carrier that has been prohibited from operating as the result of a final unfit Safety Fitness Determination (“SFD”). FMCSA has the authority to take similar action to revoke or suspend a motor carrier’s safety registration on the same grounds. FMCSA also has statutory authority to adopt a requirement that States receiving Motor Carrier Safety Assistance Program (MCSAP) grants enforce orders issued by FMCSA related to CMV safety and hazardous materials (HM) transportation safety. In this blog post, we will consider the FMCSA's efforts to improve the consistency and effectiveness of its authority to make Safety Fitness Determinations. 

The Need for a Revised Safety Fitness Determination Process

The trucking industry is an essential pillar of the economy, ensuring goods are delivered across vast distances. However, with this important role comes the need for rigorous safety standards. The FMCSA's decision to explore a new methodology for determining a motor carrier's fitness to operate CMVs is a proactive step towards safeguarding public safety. By revising the safety fitness determination (SFD) process, the FMCSA is demonstrating its commitment to reducing accidents, injuries, and fatalities on the roads.

Embracing Science and Technical Advancements

Advancements in technology and data analysis have opened new avenues for assessing safety fitness. We are excited about the FMCSA's emphasis on incorporating available science and technical information into regulatory alternatives. This approach holds the potential to create a more comprehensive and accurate assessment of a motor carrier's safety practices, enabling the identification of potential risks and shortcomings before they escalate.

Acknowledging Industry Feedback

The FMCSA's request for feedback on the current SFD regulations is an encouraging step towards inclusivity and collaboration, albeit a procedural obligation of the agency. As a part of the trucking industry, we have a unique perspective to contribute to this conversation. Our experiences on the ground provide insights into the practical implications of existing regulations. This opportunity to provide feedback ensures that any regulatory changes are well-informed and balanced, benefiting both the industry and the motoring public.

Reducing Unnecessary Liabilities

One of the promising aspects of the FMCSA's initiative is the potential reduction of unwarranted liability placed on transportation brokers for "negligent hiring" In the context of accidents involving CMVs. Currently, transportation brokers can be held liable for the actions of motor carriers they hire, even if they were unaware of the carrier’s safety violations. This creates a complex web of legal hurdles and places an undue burden on brokers. This is the case despite a recent 7th Circuit Court of Appeal decision, Ying Ye v. GlobalTranz Enterprises, Inc., 7 Cir. No. 22-1805, ECF Doc. No. 43 (July 18, 2023), in which the Circuit Court held that a negligent hiring claim fell comfortably within the language of the FAAAA’s preemption provision. The Court then focused on whether the enforcement of Illinois’s common law of negligence would have a significant economic effect on broker services. The 7th Circuit concluded that it would, finding that the negligence claim “strikes at the core’ of the freight broker's services by challenging the sufficiency of the care the broker took in hiring the motor carrier to provide shipping services. Consequently, the 7th Circuit held that the claim was expressly barred by the FAAAA’s preemption provision. The court then held that the Act’s safety exception did not save the negligent hiring claim from preemption. A more refined SFD process will further bolster protections afforded freight brokers by this ruling and help alleviate burdens on interstate commerce caused by aggressive litigation against parties that hire or engage motor carriers.

Promoting Industry Growth and Responsibility

Optimism surrounds the FMCSA's ANPRM, as it signifies a collective effort to ensure that the trucking industry continues to thrive while upholding safety standards. By creating a clearer distinction between safe and unsafe motor carriers, the proposed changes could help boost consumer confidence in the industry. This, in turn, could attract more qualified and responsible carriers to the fold, driving growth while maintaining the highest safety standards.

Conclusion

All responsible motor carriers are committed to safety, efficiency, and continuous improvement, and should wholeheartedly embrace the FMCSA's announcement of an advanced notice of proposed rulemaking. This initiative not only reflects a commitment to enhancing public safety on the roads but also signifies a progressive approach to refining industry regulations. By utilizing advancements in science and technology, incorporating industry feedback, and potentially reducing unnecessary liabilities, the proposed changes hold the promise of a safer, more responsible, and thriving trucking industry. We look forward to participating in the dialogue and contributing to the collective effort to ensure a brighter and safer future for all stakeholders involved.