FHWA Reignites Safety Debate

The debate over the Federal Highway Administration’s safety rating system began anew last week when the agency issued a proposed rule that would shut down carriers that do not take steps to correct an “unsatisfactory” evaluation within 60 days.

Hazardous materials carriers would have 45 days to challenge an unsatisfactory rating, according to the proposal published in the Federal Register on Aug. 16.

FHWA’s proposal to use an unsatisfactory rating under the existing safety evaluation system until it completes work on a new methodology drew fire from American Trucking Associations, which disagrees with the agency’s contention that the 1998 highway bill authorized the use of the current ratings until a final rule is issued.

“We support FHWA’s new authority to shut down unsafe carriers,” said David Osiecki, vice president of safety policy at ATA. “Congress intended for FHWA to shut down carriers which Congress termed to be ‘not fit to operate’ and not carriers that have simply failed to comply with record-keeping requirements.

“But FHWA’s proposal is just more of the same — using a rating system that trucking and others agree is just more of the same.”

ATA sued in November 1997 to stop FHWA from issuing ratings on the grounds that they were based on records rather than performance.

In February, ATA lost an appeal of the lawsuit in which it argued that the safety rating methodology was flawed. The U.S. Court of Appeals for the District of Columbia Circuit agreed with a lower court ruling that the FHWA has been reasonable in assigning safety ratings (3-1, p. 33).

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