Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Carrier Groups Sue to Halt CSA 2010 Safety Data Publication

Several groups of small trucking companies have sued to prevent publication of carriers' safety performance data under the Federal Motor Carrier Safety Administration's new Comprehensive Safety Analysis 2010 program

by Staff
November 30, 2010
Carrier Groups Sue to Halt CSA 2010 Safety Data Publication

 

3 min to read


Several groups of small trucking companies have sued to prevent publication of carriers' safety performance data under the Federal Motor Carrier Safety Administration's new Comprehensive Safety Analysis 2010 program.

Ad Loading...



In their bid for an emergency stay, the carrier groups allege that the agency has not followed proper procedures in its plan to publish carriers' scores in CSA's seven Behavior Analysis and Safety Improvement Categories, or BASICs.

"The basis of our argument is that the FMCSA has failed to comply with the provisions of the Administrative Procedures Act in that they never provided proper notice in the Federal Register, an opportunity for public comment, or a final rule based on the record," said Kenneth Siegel of the Washington, D.C., law firm Strasburger & Price.

Siegel represents the National Association of Small Trucking Companies, the Expedite Alliance of North America and the Air & Expedited Motor Carriers Association. All together, these groups have about 2,750 small carriers as members, according to the motion filed Monday with the U.S. Court of Appeals for the District of Columbia Circuit.

The carriers are concerned that their BASICs data, which are scheduled to be open to the public early in December, does not adequately reflect their safety performance and that publication of that data will put them at a competitive disadvantage, Siegel said.

Their motion describes the agency's approach to CSA 2010 as "rulemaking lite" because it has not yet included a formal rulemaking process that includes consideration of public comments.

The agency is planning to start a formal rulemaking next year on the safety fitness aspect of CSA 2010. In that proceeding, it will ask for comments on its plan to change from the current compliance review process to the new approach of using crashes, inspections and violation history to determine fitness.

The carriers want full disclosure of all aspects of CSA 2010, including the algorithms and other analytical methods the agency will use in developing BASICs grades, before the BASICs data is made public.

"FMCSA should not be allowed to implement CSA 2010 until this process is complete," they say in their motion.

To post the data before then would subject carriers to "irreparable harm," the carriers say.

"Public release of BASIC ratings will change the rules of the game. Once the proposed… data is released, many motor carriers that are now rated 'satisfactory' by FMCSA will receive at least one BASIC grade in the 'deficient/alert' category and effectively will be barred from handling customers' freight," they say.

Siegel explained that most shippers and brokers have conditions in their contracts that can lead to termination if a carrier is not a top safety performer. Thus these shippers and brokers have a legitimate concern, he said.

"What's happened is, by putting this information out there, by characterizing the carriers, DOT is in fact providing plaintiffs' counsel in accident cases an extra tool to use against the carrier and the shipper and broker. Counsel can say the shipper or broker was negligent for hiring a carrier with this kind of record."

He said it is not necessary for FMCSA to stop the CSA 2010 program. The agency can use the BASICs data but should not make it public until it has completed a formal rulemaking, he said.

Siegel said he hopes the court will issue a temporary stay by the end of this week.

More Drivers

Illustration of Department of Labor building, diesel technician at a computer, and driver training semi trailer
Driversby Deborah LockridgeMarch 10, 2026

Federal Proposal Would Allow Pell Grants for Shorter-Term Job Training

The Department of Labor plans to expand Pell Grant eligibility to some shorter workforce training programs, a move the American Trucking Associations said will help strengthen commercial driver training schools and diesel technician training programs.

Read More →
Illustration of truck owner operator and magnifying glass with the word "regulations"
Driversby Deborah LockridgeFebruary 26, 2026

Owner-Operator Model Gets Boost as DOL Proposes 2024 Independent Contractor Definition Reversal

For an industry that has watched this issue go back and forth for years, the independent contractor proposal marks the latest swing in the regulatory pendulum.

Read More →
 Truck with door open and enforcement officer talking to driver about ELD
DriversFebruary 26, 2026

FMCSA Reinstates Field Warrior ELD to Registered Device List

One electronic logging device has been reinstated to the FMCSA's list of registered ELDs.

Read More →
Ad Loading...
Photo of truck driver in yellow safety vest walking alongside tractor-trailer
Driversby Deborah LockridgeFebruary 25, 2026

How One Company is Using Smart Suspension Technology to Reduce Driver Injuries and Improve Retention

America’s Service Line adopted Link’s SmartValve and ROI Cabmate systems to address whole-body vibration, repetitive strain, and driver turnover. The trucking fleet is already seeing measurable results.

Read More →
Illustration with photos from some of the 2026 Best Fleets to Drive For honorees
Driversby News/Media ReleaseFebruary 24, 2026

CarriersEdge Announces 2026 Best Fleets to Drive For

The 18th annual contest recognizing the best workplaces for truck drivers sees changes to Top 20, Hall of Fame

Read More →
Illustration of driver students around trucks with distressed graphic elements and safety cones
Driversby Deborah LockridgeFebruary 19, 2026

FMCSA Targets 550+ ‘Sham’ CDL Schools in Nationwide Sting Operation

The Federal Motor Carrier Safety Administration issued more than 550 notices of proposed removal to commercial driver training providers following a five-day nationwide enforcement sweep. Investigators cited unqualified instructors, improper training vehicles, and failure to meet federal and state requirements.

Read More →
Ad Loading...
 Illustration showing a driver behind the wheel, DOT offices, and examples of problematic non domiciled CDL
Driversby Deborah LockridgeFebruary 18, 2026

DOT Alleges Illinois Issued Illegal Non-Domiciled CDLs

Illinois is the latest state targeted and threatened with the loss of highway funding by the U.S. Department of Transportation in its review of states' non-domiciled CDL issuance procedures. The state is pushing back.

Read More →
 Illustration showing a driver behind the wheel, DOT offices, and examples of problematic non domiciled CDL
Driversby Deborah LockridgeFebruary 12, 2026

FMCSA Locks in Non-Domiciled CDL Restrictions

After a legal pause last fall, FMCSA has finalized its rule limiting non-domiciled commercial driver's licenses. The agency says the change closes a safety gap, and its revised economic analysis suggests workforce effects will be more gradual than first thought.

Read More →
Photo of Stone's Truck Stop
Driversby News/Media ReleaseFebruary 5, 2026

Trucker Path Names Top Truck Stops for 2026

Truck driver ratings reveal the best chain and independent truck stops in the country.

Read More →
Ad Loading...
SponsoredFebruary 1, 2026

6 Dashcam Tactics to Improve Safety & ROI

6 intelligent dashcam tactics to improve safety and boost ROI

Read More →