Oral arguments in truck alliance lawsuit over CSA SMS to be heard Sept. 10
The Alliance for Safe and Efficient Truck Transportation (ASECTT) filed the suit last year in federal district court against the Federal Motor Carrier Safety Administration maintaining that the agency has encouraged
The Trucker Staff
Oral arguments in a lawsuit brought by an alliance of trucking and transportation stakeholders alleging the federal government’s CSA Safety Measurement System is “back-door legislative rulemaking” will be heard Sept. 10, according to published news reports.
The Alliance for Safe and Efficient Truck Transportation (ASECTT) filed the suit last year in federal district court against the Federal Motor Carrier Safety Administration maintaining that the agency has encouraged shippers and brokers to use the CSA SMS’ metrics to decide who should carry their freight.
In the suit, ASECTT points to a May 16, 2012 release from FMCSA which it said “openly encouraged trucking customers to utilize ‘public data’ filtered through the same unvetted SMS methodology that the agency previously characterized as an internal ‘prioritization’ tool.”
The suit said, “Far from being a mere guidance document,” as FMCSA claimed, the 2012 release “established the SMS methodology as a safety credentialing tool” on par with “duly promulgated standards.”
“Suddenly shippers and brokers are effectively being told ‘you’re on your own,” the petitioners stated.
According to media reports, another SMS change could be coming in December on changes to the way the SMS is displayed to the public.
Stay tuned to The Trucker for more news on the subject.
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