Trimble Insight 2024: Assessing the Impacts of New Regulations with Sean Garney of Scopelitis

The trucking industry is accustomed to ever-changing regulations, but it’s critical that companies stay ahead of the curve. In a special session at Trimble's Insight Tech Conference, P. Sean Garney, co-director of the Scopelitis transportation consulting firm, gave an in-depth presentation on how new carrier safety scoring methodologies and drug testing protocols, among other regulatory changes, will affect carriers and drivers in the future.

Compliance, Safety and Accountability Overhaul

One of the most significant changes is the proposed overhaul of the Compliance, Safety and Accountability (CSA) program. The Federal Motor Carrier Safety Administration (FMCSA) is expected to publish final changes to CSA this fall. The proposed changes aim to address long-standing industry concerns and improve the program's effectiveness. Key modifications include:

• • Reorganizing the current seven BASICs (Behavioral Analysis and Safety Improvement Categories) into seven new "safety categories."
  • Consolidating 959 violations into 116 violation groups, simplifying the scoring process.
  • Increasing the intervention threshold for categories with low correlation to crash risk.
  • Simplifying violation severity weights to just three levels: 1, 2, and 3.
  • Implementing a "proportionate percentile" system to address wild swings in scores as carriers move between safety event groups.

Garney noted the changes represent a fundamental shift in focus. The current system uses a broad spectrum of violations from roadside inspections to determine crash risk and target carriers for intervention. He explained that the proposed scoring system will use a more limited number of violations to assess risk.

Industry reactions have been mixed, with about 74% of comments supporting some or all of the changes. The overall sentiment is that the FMCSA is moving in the right direction. The new system aims to provide a more accurate representation of carrier safety performance and address some of the inconsistencies in the current program.

Crash Preventability Determination Program Expansion

Another area of potential improvement is the expansion of the Crash Preventability Determination Program. The FMCSA is considering adding new crash types that carriers can petition to have removed from their safety record if deemed non-preventable. These include:

• • Loss of control accidents caused by other vehicles
  • Motorist entry from roadways or private drives
  • Same-direction sideswipes

Perhaps most significantly, the agency may allow carriers to submit compelling video evidence to support their case for non-preventability. However, Garney cautioned that this could be a double-edged sword. Additional evidence in a video could also make it more difficult for the FMCSA to decide, and carriers will end up with a preventable crash on their CSA record.

The FMCSA is also looking at ways to improve the DataQs process, which allows carriers to challenge incorrect violation data. A potential third layer of review may be added, allowing appeals on regulatory interpretation issues to go directly to the FMCSA. This could provide carriers with a more fair and thorough review process when contesting violations.

Hair Testing: Progress and Pitfalls

The industry has long advocated for hair testing in drug screening programs. While the Department of Health and Human Services (HHS) has given the green light for hair testing, implementation has been delayed due to technical issues and the need for further rulemaking.

If a hair follicle test is positive for drug use, fleets must confirm the positive test with a urine test. This requirement will push many carriers away from doing hair follicle testing, he said, since in the event of an accident, it will be challenging to explain to a plaintiff attorney why a fleet hired a driver who tested positive for a hair follicle test but negative on a urine test.

Hair follicle testing is beneficial for detecting marijuana use. However, government officials cannot agree upon a standard testing procedure for law officers to determine impairment from marijuana use. This leaves the industry in a bind, but “we have to push our safety message, and we’ve got to find ways to deal with it,” he said.

The industry is waiting for HHS to complete the rulemaking process before hair testing can be fully implemented. This development is significant as the industry grapples with the challenges posed by the increasing legalization of marijuana at the state level.

Twenty-four states have legalized marijuana for recreational use, and “we have to recognize that the loosening of marijuana laws is shrinking our driver pool,” he said. “There are lots of other professions that don’t require drug testing.”

Entry-Level Driver Training (ELDT) and the Drug and Alcohol Clearinghouse

As of November 18, 2024, the FMCSA will require states to provide updated lists of newly ineligible drivers based on Drug and Alcohol Clearinghouse violations. This change aims to close loopholes and prevent drivers with violations from continuing to operate by moving between states or carriers.

Garney noted that this development will make using electronic access to the Drug and Alcohol Clearinghouse even more critical for carriers. He also mentions that the FMCSA is considering additional changes to the program to create efficiencies and make it easier for carriers to access necessary information.

The Future of Roadside Inspections

The industry is seeing a shift towards more technology-driven inspection processes. The FMCSA and state agencies are exploring various initiatives, including:

1. • Electronic inspections conducted at highway speeds
   • Use of thermal imaging technology for brake inspections
   • Camera-based systems for identifying potential violations

Garney predicted that wireless inspections are the future, saying, “This is one train that has left the station." These technological advancements could lead to more efficient and less disruptive inspection processes, but they also raise questions about data privacy and the accuracy of automated systems.

Looking Ahead: The Impact of the 2024 Election

As we approach the 2024 presidential election, the industry is preparing for potential shifts in regulatory priorities. A continuation of the current administration would likely see an ongoing focus on worker classification issues, diversity and equity initiatives, and union support.

In contrast, a change in administration could lead to a slower pace of new regulations and a rollback of some existing rules. Regardless of the election outcome, he said the trucking industry must remain vigilant and engaged in the regulatory process. By staying informed and participating in public comment periods, carriers and industry stakeholders can help shape the rules that govern their operations.

Visit the Trimble Insight 2024 event hub to read more. Or, to learn how Trimble can help your organization be as prepared as possible for any transportation industry challenges, contact our team. 

This piece was produced in collaboration with Aaron Huff, a former editor of Commercial Carrier Journal and now Chief Content Srategist at Virago Marketing, a full-service marketing agency specializing in transportation and supply chain technology. Huff spent 21 years covering the transportation and logistics industry and since 2021, has been helping companies generate demand and leads using expertly crafted digital strategy, content and execution. Follow him on LinkedIn or get in touch at aaron@viragomarketing.com.