FAST Act: Beyond Compliance and Safety and Enforcement Impacts
The goal of this project is to determine a potential program to provide carriers with credit for implementing safety programs above and beyond minimum safety compliance, as well as to study the safety and enforcement impacts of changes made to various definitions in the FAST Act.
Section 5222 of the FAST Act (referenced throughout this SOW as “Beyond Compliance”), signed by President Obama on December 4, 2015, with most provisions retroactively effective on October 1, 2015, requires FMCSA to allow recognition, including credit or an improved SMS percentile, for motor carriers that: 1. Install advanced safety equipment; 2. Use enhanced driver fitness measures; 3. Adopt fleet safety management tools, technologies, and programs; or 4. Satisfy other standards determined appropriate by the Administrator. The FAST Act also requires the FMCSA Administrator to carry out the Beyond Compliance provisions through: 1. Incorporating methodology into the CSA program or the BASIC categories of SMS. 2. Developing a process for identifying elements of technology and safety programs as a basis for recognition. 3. Seeking input from stakeholders. 4. Considering a monitoring program. 5. Disseminating information on the Beyond Compliance program. Section 5525 (also referred to as “Safety and Enforcement Impacts”) of the FAST Act requires the Secretary of Transportation to submit to Congress a report addressing the safety and enforcement impacts of six different sections of the FAST Act: • Section 5520: Automobile Transporter. • Section 5521: Ready-Mix Concrete Delivery Vehicles. • Section 5522: Transportation of Construction Materials and Equipment. • Section 5523: Commercial Delivery of Light- and Medium-Duty Trailers. • Section 5524: Exemptions from Requirements for Certain Welding Trucks Used in Pipeline Industry. • Section 7208: Hazardous Materials Endorsement Exemption. Section 5525 also requires that the Secretary consult with States, State law enforcement agencies, and entities impacted by the identified sections of the FAST Act (5520−5524 and 7208) when preparing the report.
The Contractor will develop a draft framework for a comprehensive beyond compliance program, including draft scenarios for applying CSA and SMS credits. The Contractor will submit a final report detailing these potential scenarios and recommending the most feasible option for FMCSA to implement. The report will be peer reviewed prior to finalization. The Contractor will separately analyze data from a survey sent to FMCSA Field Offices on the impacts of the exemptions listed in the FAST Act and will draft a letter to congress summarizing the findings from that survey.