WASHINGTON - The American Trucking Associations has asked the Federal Motor Carrier Safety Administration to reconsider a key provision of its new Safety Performance History of Drivers rule that was announced at the end of March.
The nation's largest trucking association wants the FMCA to reduce the time that previous employers have to provide prospective employers with driver safety history information from 30 days to 5 business days.
The ATA says its members are concerned the 30-day response period will adversely affect the potential safety benefits of the new rule for both large and small motor carriers.
Additionally, the ATA's "petition for reconsideration" said the association believes the liability protection provision in the new rule may be insufficient to protect employers from the full range of litigation that could arise out of "diligent and responsible employment practices.
"This potential consequence of the rule's inception may also need future reconsideration based on the case record that could ensue," the ATA said.
The sweeping new driver history rules, which over-the-road bus companies and truckers must comply with starting Oct. 29, are designed to significantly improve the ability of operators to make smarter and better informed hiring decisions.
Among other things, the rules oblige employers to respond to requests for information about a former employee within 30 days, and to hold onto employee-related records three-times longer.
The ATA wants the 30 days reduced to 5 business days, with a 5-day hardship extension available to assuage concerns that 5 days is not enough time.
When it made the rules, the FMCSA considered requiring a shorter response time but rejected it, indicating that anything less than 30 days would work a hardship on small operators.
The ATA contends the longer response time works an even greater hardship on small companies. It says small operators will be hurt more because it will delay their ability to place safe and qualified drivers quickly.
The association adds that a more rapid turnaround will help ensure against putting a driver on the road before being thoroughly investigated.
For additional background see the April 15 and Aug. 1 issues of Bus & Motorcoach News.