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.



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

Thumbnail for podcast episode
Safety & ComplianceMay 28, 2026

Short Takes: Inside K&B’s Truck Safety Tech

Listen to learn how K&B Transportation uses cellphone-blocking technology, speed management systems, weather geofencing, bridge avoidance tools, and more to improve driver safety.

Read More →
Nussbaum driver pay.
Driversby News/Media ReleaseMay 27, 2026

Nussbaum Expands Driver Compensation with Pay Raises, Profit Sharing

Nussbaum Transportation said its latest compensation package could push first-year driver earnings above $90,000 in key hiring markets.

Read More →
Lance Evans, Director of Safety at K&B Transportation.
Safety & ComplianceMay 13, 2026

Listen: Inside Modern Fleet Safety: AI, Cameras & Speed Control at K&B Transportation

Fleet safety is evolving fast—and technology is at the center of it. Learn how a former commercial vehicle enforcement officer turned director of safety at K&B Transportation is embracing real-world safety technology.

Read More →
Ad Loading...
Maverick Transportation Freightliner Cascadia.
Driversby News/Media ReleaseMay 12, 2026

Maverick Announces 2026 Driver Pay Raises

New raises for Maverick Transportation drivers will take effect on May 31, 2026.

Read More →
Alleged Ohio toll evasion truck.
Driversby News/Media ReleaseMay 5, 2026

Illinois Trucker Indicted for Nearly $22,000 in Ohio Turnpike Toll Evasion

Authorities say an Illinois trucker avoided paying tolls for two years, and now faces felony charges, possible prison time, and forfeiture of his Freightliner tractor.

Read More →
Illustration with trojan horse and lock with inside of cargo container in background
Fleet Managementby News/Media ReleaseApril 23, 2026

New Trojan Driver Cargo Theft Scam Bypasses Carrier Vetting Systems

Cargo theft rings plant operatives as drivers inside legitimate, fully vetted carriers, then execute coordinated thefts that look like a traditional straight theft from the outside.

Read More →
Ad Loading...
Female truck driver.
Driversby News/Media ReleaseApril 21, 2026

WIM, Trucker Path Name Top 3 Women-Friendly Truck Stops

ATA’s Women In Motion Council and Trucker Path highlight three truck stops that meet all seven safety-focused criteria and rank highest among female drivers.

Read More →
Illustration of driver medical exam paperwork over duotone background of a blood pressure check

FMCSA Extends Paper Medical Card Exemption … Again

Five states still aren't ready to accept commercial driver medical exam information directly from the medical examiner's registry.

Read More →
Mack Pioneer tractor.
Driversby Jack RobertsApril 10, 2026

Mack Launches Digital Driver Guide for Chassis-Specific Truck Info

Mack’s new, virtual owner’s manual delivers VIN-based, on-demand guidance for vehicle systems via web, app, and soon in-cab displays.

Read More →
Ad Loading...
Close-up of Western Star truck logo with red star emblem on chrome grille, representing the brand’s identity in the trucking industry.
Driversby News/Media ReleaseApril 6, 2026

Western Star Showcases Truckers' Pride and Skill

Western Star is expanding its Star Nation Experience in 2026, adding new competitions and dealer participation to highlight operator skills and promote careers in trucking.

Read More →