CSA Aims to Curb Trucking Accidents

October 01, 2010

Trucking companies and their drivers have been preparing for a new safety initiative that will have a major impact on the industry. The Comprehensive Safety Analysis (CSA 2010) is designed to limit the number of serious trucking accidents. The Federal Motor Carrier Safety Administration created the program to find unsafe drivers and companies before they cause serious injuries to other drivers by using a three-part process consisting of measurement, evaluation and intervention.

The CSA will be rolled out to states throughout the next year. New Jersey was part of the testing on the new initiatives, with half of the trucking companies using the new guidelines during 2010 and half serving as a control group to determine the effectiveness of the new rules. According to Federal Motor Carrier Association statistics, there were over 3,200 people injured in New Jersey truck accidents in 2009. The number of fatal truck accidents has remained relatively stable over the past ten years, which led to a renewed emphasis toward improving safety.

Taking a Comprehensive Picture

The Safety Management System (SMS) is the measurement component of the CSA. It will be used to examine a carrier's safety records using the BASICs (Behavior Analysis and Safety Improvement Categories) point system. A point value of 1-10 is assigned to violations, with 10 being the most serious. BASICs measures seven different categories. More recent violations will weigh higher than older incidents. The BASICs categories that will measure the fleet include:
- Unsafe driving - speeding, other traffic violations
- Fatigued driving - driving too many hours, not keeping proper logs
- Driver fitness - driver must be properly certified
- Alcohol or controlled substance use - including over-the-counter medication used improperly
- Vehicle maintenance - the equipment must meet regulatory standards
- Improper loading/unsecured cargo - drivers will be held responsible for any loads they carry
- Prior accident history/accident indicators - checking driving history of employees

Every month the carriers' safety records will be examined, looking back over the preceding 24 month period. Carriers that show deficiencies in certain BASICs categories will be notified by the FMCA. If necessary, the agency and the carrier may work together to form a plan to improve performance. If the violations are severe and the plan is unsuccessful, it is possible that the carrier may be ordered off the road. Drivers will also be measured using the BASICs criteria, but will not receive an individual safety rating made available to the public. Driver data will be examined for 36 months instead of 24. The numbers will be used by FMCA when investigating individual carriers.

Addressing the Causes of Truck Accidents

There is no one single cause of truck accidents. Drivers may be speeding or fatigued. Trucks may not be safe for highway travel. The CSA does not attempt to solely eliminate one issue, but rather forces drivers and carriers to focus on the big picture. For truck drivers, major changes are coming. Speeding has long been a cause of truck accidents. Under the old rules, if a driver was given a warning for speeding, this did not count against the driver or the company. Under the CSA, a warning is treated just like a citation. There is no difference between the two for BASICs purposes. Drivers will also be held responsible for their cargo, even if they did not load the truck themselves.

Carriers and drivers must also be sure that their 18-wheelers are properly maintained. Drivers need to be able to control their trucks. The CSA is placing a special emphasis on the condition of a vehicle's tires. Tire violations will rate much higher than other truck equipment. Tires must have the proper tread, and carriers must replace any tires that are damaged. In the past, these were treated as minor violations, and usually did not result in any agency action. These violations will now remain on a carrier's record and could result in penalties if not resolved.

Impact of the New Rules

The agency feels that the CSA will help to remove unsafe drivers from behind the wheel. With carriers having more access to driver information during the screening process, it is hoped that companies will be encouraged to employ drivers that have safe driving histories. Existing employees will also receive extensive training on compliance with the new initiatives.

If you have been injured in a truck accident, working with an experienced attorney can help you examine the carrier's safety history. Determining if the organization is in compliance with the CSA can be important to your case. Carriers will want to resolve the matter quickly with as little impact as possible to their bottom line. You will want to know what options are available to you as you recover from your injuries. With the potential for serious injuries, or the wrongful death of a loved one, it is essential to learn the safety record of the company involved in the accident.

Article provided by Law Offices of Michael P. Burakoff, P.A.
Visit us at www.burakofflaw.com