Regulation & Legislations
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safer carriers. Of course, access to information could be a double-edged sword if a plaintiff could use that same safety data to convince a jury the broker is negligent and responsible for a highway accident. Still, most agree that what brokers don't know could hurt them. One transport attorney points out that brokers failing to obtain carriers' CSA 2010 scores could be exposed to suits claiming the broker should have known that data. Others warn that brokers must be more diligent under CSA 2010 even if they can get access to the data because the scores change monthly; by contrast, SafeStat ratings might not have changed for years. Thus, a carrier rated "satisfactory" today can find that, because their CSA 2010 score includes new data such as traffic violations, their rating could suffer. In fact, one industry supplier which calculates CSA 2010 scores for its clients, found that 68% of the more than 1,500 carriers using its service had at least one BASIC score that would trigger FMCSA intervention. This may force brokers to decide how much risk they are willing to take in hiring a carrier. FMCSA is encouraging fleets to obtain CSA score information and take appropriate follow-up action if needed. "We strongly encourage every carrier to seize this opportunity to review their CSA 2010 data profile and more importantly, to immediately address any deficiencies that may be revealed," agency spokesman Duane DeBruyne said. When last reported, a total of 8,751 carriers had reviewed their safety data, DeBruyne said. The agency's latest data show approximately 650,000 active trucking companies.
BROKERS SEEK CSA 2010 DATA TO EVALUATE CARRIER SUITABILITY
The federal government's evolving Comprehensive Safety Analysis 2010 program is creating headaches for freight brokers who are trying to protect themselves from potential legal liability by picking safe motor carriers. That's according to industry officials, even as the Federal Motor Carrier Safety Administration makes the transition from the existing SafeStat system, which covers trucking safety compliance, to the more comprehensive CSA 2010 evaluation that begins November 30. Last month, FMCSA gave carriers their first chance to see safety performance data under the new scoring, which uses seven Behavior Analysis and Safety Improvement Categories, or BASICs. The new approach delivers at least twice as much data as SafeStat, enabling FMCSA to evaluate carrier safety better. The problem? At this point, only carriers will be permitted to see those scores. Brokers and others are barred from viewing any of the new safety data. "We have raised the driver information issue with FMCSA and have been told that the information is private and to be used by the carrier, not for safety purposes in hiring a carrier," said Robert Voltmann, president of the Transportation Intermediaries Association, the trade group that represents brokers. "When we see the inevitable injury accident, we'll have to see what attorneys and judges do with the CSA 2010 information," he added. The underlying problem is that, in several court cases, brokers and shippers have been found negligent for hiring a carrier that caused a severe crash. Thus, brokers want to view safety data and know they are using
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