Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Not So Fast: Truck Groups Contend Safety Fitness Proposal Violates FAST Act

The validity of a rule proposed by the Federal Motor Carrier Safety Administration that would increase the use of inspection data in making Safety Fitness Determinations for motor carriers has been challenged by a coalition of eight associations representing trucking interests.

David Cullen
David Cullen[Former] Business/Washington Contributing Editor
Read David's Posts
January 13, 2016
Not So Fast: Truck Groups Contend Safety Fitness Proposal Violates FAST Act

 

2 min to read


The validity of a rule proposed by the Federal Motor Carrier Safety Administration that would increase the use of inspection data in making Safety Fitness Determinations for motor carriers has been challenged by a coalition of eight associations representing trucking interests.

The group of stakeholders, which includes the Western States Trucking Association and the National Association of Small Trucking Companies, contends that “FMCSA plans to ignore the clear mandates of the FAST Act [the recently passed highway bill] when it opens a rulemaking this month that would change existing standards for determining the safety fitness of individual motor carriers.”

Ad Loading...

That’s the gist of a detail-rich, four-page letter that the leaders of the associations sent to several lawmakers who championed FMCSA reform provisions within the FAST Act. FMCSA Chief Counsel T.F. Scott Darling III was copied as well.

FMCSA has been at work on the Carrier Safety Fitness Determination (RIN 2126-AB11) rulemaking since 2007. However, few details on the proposal have yet been divulged.

The agency has said it proposes to adopt “revised methodologies” for determining when a motor carrier is not fit to operate based on: (1) the carrier's on-road safety performance in relation to five of the seven Behavioral Analysis and Safety Improvement Categories (BASICs) tracked by the agency’s CSA program; (2) an investigation; or (3) a combination of on-road safety data and investigation information.

Ad Loading...

In their Jan. 12 letter, the eight associations state that FMCSA’s Darling had advised the Transportation Research Board on Jan. 11 that the SFD Notice of Proposed Rulemaking will be published “before the end of this month” and will “incorporat[e] current on-road safety performance data.”

From there, they argue that “it is apparent that the proposed [SFD] rule would incorporate the same ‘on-road safety performance data’ that FMCSA has used in calculating BASICs” under SMS and CSA. “We believe that if FMCSA goes ahead with its proposed ‘quickie’ rulemaking on use of SMS/CSA data,” such action would disregard at least three provisions of the FAST Act.

“By copy of this letter to Administrator Darling,” the authors conclude, “we are expressing our concerns that any Notice of Proposed Rulemaking involving a safety fitness determination at this time in light of the strictures imposed by the FAST Act is highly inappropriate and will be challenged.”

In an explanatory note that FMCSA issued in December, the agency said the Safety Fitness Determination rulemaking had been delayed by a need for additional coordination as well as "unanticipated issues requiring further analysis.”

More Fleet Management

Illustration of Penske day cab backed into loading dock with graphic of generic charts and graphs and a penske logo.
Fleet Managementby Deborah LockridgeSeptember 17, 2026

Why Private Fleets Are Taking More Freight

Private fleets are putting their own trucks on demanding customers and high-cost lanes as companies seek greater control over service, costs, and capacity.

Read More →
A woman holding a tablet with a screen showing rectangles of various colors
SponsoredSeptember 16, 2026

Color Match Smarter: Tools That Restore & Perform

For fleet managers and collision repair professionals keeping heavy-duty trucks on the road, getting the color right the first time isn't just about appearance — it's about efficiency, turnaround time, and bottom-line results. Discover how today's digital color tools are transforming the repair process from guesswork to precision.

Read More →
Mobile tablet showing Motus screen against highway background with Motus logo
Fleet Managementby StaffSeptember 15, 2026

FMCSA Pauses Biennial-Update Enforcement Amid Motus Transition

Carriers whose updates were due on or after June 1 have more time, while FMCSA works to stabilize its new registration system and warns of phishing sites impersonating its new carrier registration system, Motus.

Read More →
Ad Loading...
Geotab Whitepaper Cargo Theft Cover
SponsoredSeptember 14, 2026

2026 Blueprint for Countering Smarter Supply Chain Theft

Cargo theft is no longer just the cost of doing business. It's a multi-billion-dollar criminal enterprise exploiting vulnerabilities across your fleet, drivers, and supply chain.

Read More →
A monitor with a bar graph with a person sitting next to it wearing a headset.
SponsoredSeptember 1, 2026

How Telematics Improves Visibility, Control, and Performance in Refrigerated Fleets

Explore how telematics help refrigerated fleets improve visibility, uptime, efficiency, compliance, and cargo protection across connected cold chain operations.

Read More →
Graphic with U.S. and Canadian flags over background illustration of an ink-stamp that says Tariffs.
Equipmentby Deborah LockridgeAugust 24, 2026

What the U.S.-Canada Trade War Means for Trucking

Escalating U.S.-Canada tariffs could disrupt cross-border freight, reduce truck volumes, raise costs, and create new uncertainty for carriers on both sides of the border.

Read More →
Ad Loading...
Fleet Managementby News/Media ReleaseAugust 24, 2026

What Are Trucking’s Top Concerns for 2026?

The American Transportation Research Institute wants to know what's worrying trucking fleet managers, drivers, and other stakeholders in its annual Industry Issues survey.

Read More →
Four men in suits on the National Mall with giant video screen showing capitol building in the background
Fleet Managementby Deborah LockridgeAugust 24, 2026

American Trucking Associations Looks for a New Leader

ATA President and CEO Chris Spear abruptly left his job at the association on August 21, at a pivotal time for the trucking industry.

Read More →
The Cyber Stop column header with photo of a smiling driver in truck with a laptop and a wi-fi icon
Fleet ManagementAugust 21, 2026

Public Wi-Fi Cybersecurity Risks: How Truck Drivers and Fleets Can Protect Their Data

Public Wi-Fi can expose truck drivers and fleets to credential theft, malware, and other cyber threats. Here’s how to reduce the risk on the road.

Read More →
Ad Loading...
Woman in white blazer superimposed on background showing a row of Fraley & Schilling truck, plus the HDT Truck Fleet Innovators 2026 logo
Fleet Managementby Deborah LockridgeAugust 19, 2026

For Nicky Cupp, Fleet Innovation Starts With Frustration

HDT Truck Fleet Innovator Nicky Cupp turns everyday pain points at Fraley & Schilling into opportunities for better technology and smarter processes.

Read More →