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J. J. Keller protects people and the businesses they run. You can trust our expertise across a wide range of subjects relating to labor, transportation, environmental, and worker safety. Our deep knowledge of federal and state agencies is built on a strong foundation of more than 100 editors and consultants and 70+ years of regulatory compliance experience.

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J. J. Keller protects people and the businesses they run. You can trust our expertise across a wide range of subjects relating to labor, transportation, environmental, and worker safety. Our deep knowledge of federal and state agencies is built on a strong foundation of more than 100 editors and consultants and 70+ years of regulatory compliance experience.

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CSA Interventions

Based on BASIC CSA scores, FMCSA determines what (if any) interventions are taken against the carrier based on predetermined thresholds. Carriers evaluated as needing interventions are subject to a variety of actions depending on their BASIC scores and enforcement history. The interventions include the following:

  • Warning letter. This puts the carrier on notice that a BASIC has gone above the threshold and correction is necessary.
  • Increased roadside enforcement. This will function much like the present ISS-D system. Carriers with a BASIC over a threshold will be flagged in the Inspection Selection System used by roadside inspectors to select carriers for inspection. The system will also tell the inspectors which BASIC score (or scores) has placed the carrier on the "Inspect" list.
  • Focused off-site investigation. This intervention will check a carrier’s compliance with the regulations and verify performance in BASIC areas in which the carrier has struggled. The carrier will send investigators requested records, and respond to any follow-up requests. For example, if the carrier has a poor BASIC score in Driver Fitness, the focused off-site investigation would concentrate on Driver Fitness issues.
  • Focused on-site investigation. Involves a "narrow" on-site audit of a carrier based on areas of poor performance. For example, if the carrier has a poor Vehicle Maintenance BASIC score, the focused on-site investigation would concentrate on vehicle and cargo securement issues.
  • Cooperative safety plan. Following a focused investigation or comprehensive review, the FMCSA may request that the carrier develop a cooperative safety plan intended to correct performance. The plan needs to be submitted to FMCSA and approved.
  • Notice of violation. The notice of violation would serve as a formal mechanism to inform carriers that the carrier must address compliance deficiencies.
  • Comprehensive on-site investigation. This is the equivalent of FMCSA's present Compliance Review (audit). It would only be used when other interventions have failed or if there are grounds for it (very poor BASIC score, accident follow up, valid complaint, earlier investigation has found larger problems, etc.).
  • Notice of claim, penalty, and settlement agreement. These would be the steps used by the FMCSA following an intervention that did not go well. Involves fining the carrier or driver.

The remaining step in the CSA enforcement model is rulemaking to revise the current safety rating process. FMCSA proposes to replace the current Compliance Review Model (acute and critical violations) with the CSA Safety Fitness Determination (SFD). The SFD model takes into consideration both roadside inspection data and intervention history. The SFD process would not require a compliance review to determine a motor carrier's CSA rating or declare a carrier unfit.