FMCSA Seeks Comments on “Beyond Compliance” Program

The Fixing America’s Surface Transportation (FAST) Act requires the Federal Motor Carrier Safety Administration (FMCSA) to implement a “Beyond Compliance” program no later than 18-months after its enactment. The FAST Act specifically requires the FMCSA to allow recognition, either through credit recognized by a new Beyond Compliance program BASIC category, or an improved Safety Measurement System (SMS) percentile.

A motor carrier would receive credit if it:

1. Installs advanced safety equipment;
2. Uses enhanced driver fitness measures;
3. Adopts fleet safety management tools, technologies, and programs; or
4. Satisfies other standards determined appropriate by the Agency.

There are several requirements a motor carrier must meet in order to be eligible for the credit, including:

1. Motor carrier does not have an unsatisfactory or conditional safety rating;
2. Motor carrier does not have any BASICs over intervention thresholds;
3. The proposed technology must be applied to the company’s population of vehicles or drivers adequately in order to achieve the performance goal and improve safety;
4. Motor carrier must operate in interstate commerce; and
5. Motor carrier must have graduated from the new entrant monitoring period.

The FAST Act also requires that the Agency provide the opportunity for notice and comment on a process for identifying and reviewing advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards for use by motor carriers to receive recognition. This proposed program will not allow relief from regulatory requirements.

On Wednesday, April 20, FMCSA published a notice and request for comment seeking the public’s input. To view the notice in its entirety, please click HERE.