Currently the FMCSA has four safety ratings that are given to Motor Carriers based on their compliance levels. These are Not Rated, Satisfactory, Conditional and Unsatisfactory. A Motor Carrier can be assigned a Conditional or Unsatisfactory safety rating when compliance deficiencies are discovered during an investigation.  In the Federal Motor Carrier Safety Regulations (FMCSRs) part 385.17, a Motor Carrier can request a safety rating change based on the corrective actions implemented to resolve the compliance issues.  Carriers that are assigned an unsatisfactory rating run the risk of their business being placed out of service, once the rating goes into effect. Because of this, there is a mandated timeline FMCSA is held to when reviewing and determining that the Motor Carrier has met the minimum safety standard per the FMCSRs. Currently, there is no timeline mandated for conditional carriers. 

As a representative of motor carriers, I am witnessing firsthand the financial hardships caused by the lack of time requirement for the Federal Motor Carrier Safety Administration (FMCSA) to review and respond to rating change requests for conditional carriers. At this moment, one of my clients is currently losing almost $10,000 a week in profit due to this delay in FMCSA response. This situation not only strains business relationships with brokers/shippers but can also affect insurance premiums, thus cutting into an already narrow profit margin.

Lack of timelines as we see in 385.17 can have detrimental effects on motor carriers, especially smaller businesses. The trucking industry is predominantly composed of small businesses. Over 97% of trucking companies have fewer than 20 trucks, indicating that the majority of the industry is made up of small businesses.  The trucking industry contributes approximately $791.7 billion in revenue annually to our economy (American Trucking Associations). Delays like these can have far-reaching impacts on our economic health as well as individual livelihoods.

Because of this, we are urging lawmakers to enact changes to FMCSR 385.17 that will mandate a specific timeline for review and response regarding to conditional safety upgrade requests. This will ensure fairness, improve efficiency, reduce unnecessary financial burden on motor carriers, and ultimately strengthen our economy and safety on our roads.

Please sign this petition if you believe in fair treatment and timely responses from regulatory bodies like the FMCSA.