The United States three main Trucking Association: the Expedited Alliance of North America (TEANA), the National Association of Small Trucking Companies (NASTC) and the Air and Expedited Motor Carrier Association (AEMCA), who own fleets more than 3,000 in number has filed a lawsuit in the court to review the rules and regulations as imposed and stated in the FMCSA’s CSA2010 legislation. The suit has been filed in the United States Court of Appeals. The association wants that the FMCSA release of these safety regulations should be permanently rejected by the court as they do not approve of the safety methods laid down by the FMCSA’s CSA 2010 release.
The court has previously rejected the Trucking Association’s plea to release a temporary hold order so that they could avoid the release of the CSA2010 safety regulations before time. This injunction was filed by the association earlier this month. Due to the fast movement of actions the Federal Court has agreed to hear both parties on the issue to release an order against FMCSA’s Comprehensive Safety Analysis initiatives. In their appeal the trucking associations emphasized that the FMCSA fails to understand the impact that this legislation will have on the small trucking companies and owner operator jobs.
The monitoring and the records will be open to public on the CSA website. This will enable all the reports for any carrier or truck driver available for the public to ponder on it. All warnings, accidents, safety implications and others will be updated online for every incident. This measure is beneficial for shipping company as they can use the data to judge on who should be employed to carry their available loads. The FMCSA and other government authorities would work in close compliance to report the statistics on Behavioral Analysis and the Safety Improvement Categories.
The trucking companies who are renting over their trucks to other carries and freight brokers were worrying on the issue of the secondary liability for past so many years The FMCSA regulates the actions of the logistics and trucking company’s so as to check their vicarious liability and the rules are set so that the freight brokers and the shippers do correct hiring of the truck driver or the freight carrier company. Now the selection of the service provider will have to be very accurate. This is one of the major causes of resentment among the Trucking association as they will be obligated to select the freight brokers, intermodal drivers, logistics and trucking companies with a high score on CSA safety rules. They are bound to implement this measure as they would not want any extra liability on them because of the poor scores of the service providers. To avoid the liability as a third party logistics the rules set by the FMCSA has to be taken into consideration. You can obviously find a pool of competent truck drivers and related companies on the load boards meant for finding the perfect load and driver match.
For the meantime the court has overruled the trucking association plea as being ‘forecasted’ and ‘predicted’ damages by the CSA 2010 legislation by FMCSA.
Menu