WASHINGTON When it comes to safety, speed is seldom a good thing . . . unless your company has been hit with an "unsatisfactory" safety rating by the Federal Motor Carrier Safety Administration.

Then, speed is of the essence.

Thats because operators receiving an unsatisfactory rating have a narrower time frame to get safety violations corrected and a safety action plan filed and approved by the FMCSA under procedures currently being followed by the agency.

During the past year and a half, a handful of operators have been shutdown because they failed to move fast enough to fix safety problems and submit corrective action plans that were reviewed and accepted within the agencys time frame.

"Once a carrier goes unsatisfactory it has 45 days to turn it around," notes one industry safety expert.

"In the past, carriers could submit their corrective action plan near the end of the 45 days and the feds would often grant a 10-day extension to review the plan.

"After Sky Express, there are few -- if any -- feds willing to grant a 10-day extension," said the safety executive.

"If operators submit their corrective action plan towards the end of the 45 days, it is now almost a certainty the plan will not be reviewed and approved before the 45 days expires and the carrier automatically is put out of service.

"At that point, the carrier is out of business with an even larger challenge."

The Sky Express factor

"Sky Express" is a reference to the May 31, 2011, crash of a coach operated by a now-defunct operator called Sky Express.

The Sky Express coach was heading north on Interstate 95 from Greensboro, N.C., to New York City, when it wandered onto the right shoulder, striking a cable barrier and flipping over onto its roof. (See Sept. 1 Bus & Motorcoach News.)

Four passengers died, and 49 of the 58 passengers on board were injured, 14 seriously.

At the time, Sky Express was operating only because it had been granted a 10-day extension of its operating authority by the FMCSA.

Following the crash, U.S. Transportation Secretary Ray LaHood announced the FMCSA would no longer grant such extensions. His announcement has since been adopted as formal policy. (See Nov. 15 Bus & Motorcoach News.)

Now, on day 46, following issuance of an unsatisfactory rating, the operator will be put out of service unless the FMCSA has received and blessed a corrective action plan.

Quick approval unlikely

And any expectation the safety agency will move quickly to approve an action plan is highly problematic.

"The FMCSA is dealing with something like 5,000-6,000 carriers (mostly truckers) in the same situation and any thought that you can get your corrective action plan to the top is likely delusional," said the industry safety expert.

"An unsatisfactory rating is basically a notice giving you 45 days to either go out of business or correct your problems. Waiting until the last few days likely assures you are going out of business," he added.

Experience has shown time and again that most carriers receiving an unsatisfactory rating likely have problems that exceed their ability to correct themselves, and may require the assistance of a specialist.

"Do not wait until you have a problem to have those experts on speed dial," said the industry safety executive.

"Also, it is likely you should have an attorney ready to make sure all of your rights are protected."

For more information about current FMCSA "unfit motor carrier safety fitness procedures," go to: http://www.fmcsa.dot.gov/rules-regulations/truck/company/4009qna.htm.