The Federal Motor Carrier Safety Administration (FMCSA) recently issued an advance notice of proposed rulemaking and request for comments indicating that it was “interested in developing a new methodology to determine when a motor carrier is not fit to operate.” Currently, motor carriers receive one of three safety ratings—Satisfactory, Conditional, or Unsatisfactory—based on the FMCSA’s findings made during safety audits. In the recent notice, the FMCSA stated it would consider whether to use a motor carrier’s Safety Measurement System (SMS) scores, which are part of the broader Compliance, Safety, Accountability program, to determine a motor carrier’s safety rating.

The notice, issued just months after the FMCSA proposed substantial changes to the CSA scoring system itself, suggests the FMCSA may be considering a major overhaul to its process for identifying carriers who are unfit to operate. Given the concerns raised over the accuracy of the SMS system, the proposal to use CSA scores to rate motor carriers could potentially subject the carriers to unwarranted and unpredictable safety rating determinations.

Motor carriers are encouraged to submit comments in response to the notice. Contact Scopelitis if you need assistance in doing so.