FMCSA needs authority to hold shippers accountable, says MCSAC chair

Among recommendations MCSAC's David Parker made to Ferro were that: FMCSA ask Congress to grant the agency statutory authority “over other entities that cause and/or contribute to violations of the Federal Motor Carrier Safety Regulations (e.g., shippers).”

The Trucker News Services

5/3/2011

While FMCSA regulations focus on drivers and carriers, “other key stakeholders” such as shippers, should be held accountable for “undue detention times” which hurt safety efforts, said the chairman of the Motor Carrier Safety Advisory Committee in a letter to FMCSA Administrator Anne Ferro last month.

The subject came up following a discussion of the U.S. Government Accountability Office’s report titled: “Commercial Motor Carriers: More Could Be Done to Determine Impact of Excessive Loading and Unloading Wait Times on Hours of Service,” explained MCSAC Chairman David Parker in the letter dated April 1.

He reminded Ferro that the GAO report says “undue detention times at shipping facilities can have a detrimental effect on safety compliance, which finding MCSAC confirms.

“This issue should be addressed by policymakers, as oftentimes the entity causing the problem for the driver/carrier is their customer and/or employer. Thus, the driver/carrier is in an untenable position to address this problem directly and effectively.”

Among recommendations Parker made to Ferro were that: FMCSA ask Congress to grant the agency statutory authority “over other entities that cause and/or contribute to violations of the Federal Motor Carrier Safety Regulations (e.g., shippers).” He said Congress already knows about the problem as evidenced in HR 756, which would set limits on the maximum amount of detention time.

He also recommended that FMCSA consider “requisite action against shippers, receivers, intermediaries and any other party that unduly detains CMV drivers which places the driver in a position of violating” safety rules and that the agency set up a complaint line so drivers can report shippers that interfere with Hours of Service compliance.

For a copy of the letter click here. To see a copy of the GAO report go to http://mcsac.fmcsa.dot.gov/meeting.htm and click on the link with the report title under related documents.

Dorothy Cox of The Trucker staff may be contacted to comment at dlcox@thetrucker.com.

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