FMCSA proposes 'Beyond Compliance' program

Following a mandate from Congress and several public listening sessions, the Federal Motor Carrier Safety Administration has proposed a "Beyond Compliance" program that would give motor carriers credit under a new Behavior Analysis and Safety Improvement Category (BASIC) for installing advanced safety equipment or using enhanced driver fitness measures or fleet safety management tools.

Comments are due June 20. To comment, go to www.regulations.gov and search FMCSA-2015-0124.

Carriers would not get credit under the Beyond Compliance BASIC, however, if they are above the intervention threshold in any other BASIC or have a conditional or unsatisfactory safety rating.

In the FAST Act, Congress allowed FMCSA to adopt Beyond Compliance credit through either a new BASIC or incorporating credit into the existing BASICs in the Safety Measurement System.

FMCSA said it opted for a stand-alone BASIC because it would make the recognition for carriers more readily apparent and because developing a separate BASIC could be completed within 18 months. Modifying SMS BASICs to incorporate Beyond Compliance credit would be more complicated and time consuming and could be hampered by the ongoing study of SMS methodology that was also mandated by Congress in the FAST Act.

In addition to the safety rating and intervention threshold restrictions noted earlier, qualifications for participation in the Beyond Compliance BASIC include:

• The proposed technology or program must be applied to the company's population of vehicles or drivers to adequately achieve the performance goal and improve safety;

• The motor carrier must be an interstate carrier; and

• The motor carrier must have graduated from the new entrant monitoring period.

Carriers would apply online for consideration of its technologies and safety programs in the Beyond Compliance program. In addition to describing the technology or program, the carrier would outline the coverage in terms of number of drivers or trucks, the current safety record, anticipated improvement, estimated cost and a self-certification of measurable improvement.

In addition, carriers could provide vendor documentation, training materials, company policies, monitoring plans and other proof of implementation.

For other elements of FMCSA's proposal, read the April 20 Federal Register notice.