CSA 2010...Government Garbage

We seem to have some people talking around each other here.

NO, there is no direct DRIVER intervention by FMCSA or DOT under CSA. As per the current status, the carrier gets the intervention letter and deals with the aftermath.

HOWEVER, now the carrier, and more importantly their insurance carrier, have a nice laid out format to determine who in their driving force is no longer a viable asset to the company, i.e. we don't want this guy having an accident with his CSA profile, it's an automatic lawsuit for negligence.

And don't think for a moment that if the DOT is coming on site for an audit they won't ask for specific driver files and satellite tracking records based on their inspection history rather than picking out some random names as they have in the past. They now have information they didn't necessarily have before, don't think they won't use it.

 

Having survived a carrier audit I'll tell you they always knew whose records to request

 

Wouldn't that be a violation of the 5th amendment

 

The FMCSA knows that many points will be given out for things that the driver cannot control.
Meaning a light going out on the road and things like that.
These issues will be industry wide and happen every day. And they really will not hold those against you.
Since every company will have this happen, and they will probably have it happen at around the same rate it occurs at your company.
Thus the peer groups. You are being rated against other company's that run the same miles per year that yours does.
Now if a company has ALLOT of lights going out on the road after inspection, as in a large percentage more than his peers. This shows them that the lamps are going out and not being found in inspections.
Since the rate of failure will be about the same everywhere. In order to stand out you will have to have it happen many more times than your peers.

Company's over time will learn not to listen to these company's they hired to "help" them with this. As they learn they are paying tens of thousands of dollars and the company's are doing nothing for them.
They will also get use to drivers having some points. Since eventually everyone will probably have a few. Just based on the law of averages.
Everyone will have a tire go out at some point, or a light etc.

To be subject for intervention the company will have to really stand out against it's peers on one or more basics.

For those of you that say that I am stupid for not being concerned And other insults to my intelligence (which is obviously of a higher level than yours). All I can say is that you are over reacting and scared little children. Listening to people that have no idea what they are talking about.
You will see in time that your fears are misplaced, unless you are not a legal runner.

 

I can see many areas that could easily be turned around and used against drivers under no fault of their own:

• Fatigued Driving — Driving a CMV when fatigued. This is distinguished from incidents where unconsciousness or an inability to react is brought about by the use of alcohol, drugs, or other controlled substances. Data includes (1) hours-of-service violations discovered during an off-site investigation, on-site investigation, roadside inspection, or post-crash inspection, and (2) crash reports with driver fatigue as a contributing factor. (FMCSR Parts 392 and 395)

• BIG PROBLEM: Drivers are often “pushed” by dispatch to deliver “HOT” load(s) – of course, they can refuse but will driver risk “punishment” by company such as drop in miles? Starved out? DAC Report?

• Vehicle Maintenance — CMV failure due to improper or inadequate maintenance. Data includes (1) roadside violations for brakes, lights, and other mechanical defects, (2) crash reports citing a mechanical failure as a contributing factor, and (3) violations from an off-site investigation or an on-site investigation associated with pre-trip inspections, maintenance records, and repair records. (FMCSR Parts 393 and 396)
• BIG PROBLEM: Driver held responsible when company has their own “maintenance” dept./ shop which signs off for repairs. Why should the driver receive points or fines where they have no control over a company who operates with poorly maintained equipment?
  

• Improper Loading/Cargo Securement — Shifting loads, spilled or dropped cargo, and unsafe handling of hazardous materials. Data includes (1) roadside inspection violations pertaining to load securement, cargo retention, and hazardous material handling, and (2) crash reports citing shifting loads, or spilled/dropped cargo as a cause or contributing factor. (FMCSR Parts 392, 393, 397 and HM Violations)

• BIG PROBLEM: Many trailers are loaded by shipper while driver is not allowed on dock or to supervise loading. Driver is required to remain in truck. Driver should not be held responsible for an unsecured load that he or she does not have the opportunity to inspect.

CSA 2010 is Total Federal Garbage! I can already see the potential of responsibilities easily being manipulated and placed unjustly, once again, on the professional driver.

 

All of your concerns presuppose a driver unwilling to stand up for themselves. I can live with the majority of them being removed from the industry as well.


No one can make you run illegal.

No one can make you drive faulty equipment.

No one can make you accept a load sight unseen.


No one can change the manner in which your perform your appointed tasks except yourself.


You turn the key to start the truck, you inspect the equipment, you sign for the load.

You bare responsibility for your decisions.


I know it's a hard concept to grasp

 

All of your bullet points are correct,but in the real world of Trucking, it doesn't work that way. Drivers are cohersted by the fear of a bad DAC every day!

 

I have never had fear of anything on my DAC.
Heck only 2 of the company's I have ever worked for even use that service. Most know it is crap and do not bother to pay the fee's. Only the large carriers use it.
But I keep very good records. My company will not ask me to run illegal anyway (and it is a large carrier). All I have to do is say that I cannot legally make the run, and I am off of it.
The negative is that soon they will go to e-logs.
The positive is that with the e-logs they can see clearly that I cannot do it.
But the largest issue most company's are having with CSA is form and manner violations on logs. So they are getting e-logs to get rid of this issue.
Though they are way into the safe area on all basics. No issues at all.

 

I can not help with people's irrational fears.Personally I wouldn't work for a company that uses DAC but I do know they have to report your side of the story as well. At the very least any prospective employer can be advised about why the previous company has issues with you yes?

In addition I'm hoping that the PSP will make the arbitrary credit report they use as your whip obsolete.


As I said a removal of people who would work under those conditions is OK by me.

The reason's why they fail to do their job properly do not interest me as much as they are doing them improperly.

If fear can make you drive illegal equipment I do not care how you are removed I just want you removed from my roadway.

 

When I can get csa points for unprotected ground wire,yet my brakes lights,tires and logbook are all passed tells me noone is going to go through an inspection clean unless the inspector is in a good mood.This has nothing to do with safety. If they can remove enough drivers and replace them Obama can finally claim he created some jobs.I have had 2 inspections in 2 weeks.My son had 2 in 2 weeks.Just by the increased inspections you will have more violations. Good luck that this will weed out the bad drivers.I wouldnt spend your new bigger check just yet.