FMCSA mulls ‘proficiency exams’ for new entrant carriers

A rulemaking that has been dormant since 2009 is back on the Federal Motor Carrier Safety Administration’s radar.

In the Department of Transportation’s latest regulatory agenda, a date has been added to a potential rulemaking that would consider methods for ensuring a new applicant carrier is knowledgeable about the applicable safety requirements before being granted New Entrant authority. FMCSA is considering whether to implement a proficiency examination as part of its revised New Entrant Safety Assurance Process, as well as other alternatives. 

FMCSA said in a statement it could not provide additional information as to whether the supplemental advance notice of proposed rulemaking (ANPRM) would also include information related to a proficiency exam for brokers.

The 2009 carrier-related ANPRM said that a 2003 rulemaking establishing the 18-month audit program did not include a proficiency exam, but instead required applicants to certify, on Form MCS–150A, that they were knowledgeable of the federal safety regulations and hazmat regulations. The fact is, in reality, most people lied when it came to this section.

The previous ANPRM sought information on the feasibility of establishing a proficiency exam, recommendations on testing protocols and how the test would be administered, which carrier employees should be required to take the exam, and more.

FMCSA on-site Audits are Surging Back in 2023

Before social distancing, off-site investigations were already becoming a more significant part of the FMCSA’s auditing strategy for time and cost-saving advantages compared to traditional on-site auditing.

Recognizing the benefits, the FMCSA’s off-site audits grew by 300 % between 2018 and 2019. As staying apart became necessary to reduce the spread of Covid-19 in 2020 and 2021, it made more sense to request carriers to submit their documents electronically to conduct the investigation remotely.

In 2022, there was a return to in-person investigations, with the total number of on-site audits increasing by 54% from 2021 and the FMCSA walked back its off-site audit focus by 31% for a total of 3,400 audits.

Out of the 12,500 total investigations, there wee 3,600 on-site comprehensive reviews, an increase of 54%, and 5,400 on-site reviews for an increase of 7%.

Violations found during an audit can also contribute to higher scores and result in higher fines. Last year, the FMCSA collected $25.7 million, an increase of 40% from 2021. The “average” settlement was $7,100.

The top FMCSA fines for 2022 were as follows:

• Hour of Service violation $91,620
• Log violation $88,450
• Drug & Alcohol and Vehicle violation $75,080

Prepping for an Audit

1. Self-audit. One of the best ways a carriers and/or private company can do is to identify any gaps in their safety program thru a self-audit. If the carrier and /or private company is not up to speed with the applicable industry knowledge, then they should join an applicable association for the most cost-effective results such as the NorthAmerican Transportation Association (NTA)
2. Focus on digital records. Electronic recordkeeping offers the easiest way to stay organized and spot any problems. NTA helps companies stay compliant and successfully pass both off-site or on-site audits.
3. Evaluate driver qualification files, drug/alcohol testing, HOS and inspection/maintenance files. These are the areas where most of the violations are commonly found.
4. NorthAmerican Transportation Association offers PassBook software that should take care of your DQ files and Maintenance files. NTA, as the only transportation association in the US which has its own ELD service, also offers the NTA ELD at below market pricing.