Is The FMCSA’s Safety Fitness Regulation Legal?
Is the new Safety Fitness Regulation issued by the FMCSA legal? A coalition of industry associations and motor carrier groups believes it violates the FAST ACT passed into law in December. This coalition has written letters to Congress and certain representatives in the hopes of having the new regulation removed.
FAST ACT and CSA Data
Part of the FAST ACT states that new safety rating rules can’t use CSA Safety Measurement data until the collection system is revamped. The FAST ACT requires that the CSA report how the Safety Measurement System will be fixed and the procedures it will enact to correct data errors this year.
According to the coalition, the new Safety Fitness regulation recently announced by the FMCSA relies on this faulty data and therefore violates the spirit of the FAST ACT. The FMCSA believes it is avoiding the issue with the new regulation and stands by their decision.
Whether the coalition can prove the Safety Fitness regulation is legal will impact the trucking industry and its drivers. Understanding all the nuances of the FAST ACT will take time and basing new regulations on faulty data may seem unfair to many fleet owners.
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