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Safety Recommendation Details

Safety Recommendation H-16-003
Synopsis: On January 27, 2014, about 9:20 p.m. central standard time, a 2004 Freightliner truck-tractor semitrailer, operated by the motor carrier DND International Inc., collided with stopped vehicles that were providing assistance to a disabled 2000 Volvo truck-tractor semitrailer, operated by the motor carrier Michael’s Cartage Inc., in the right lane of eastbound Interstate 88 (I-88), at milepost 122 near Naperville, Illinois. A flare line separated traffic from the response area containing the stopped vehicles. The responding Highway Emergency Lane Patrol (HELP) truck was using an active yellow arrow board to direct traffic away from the area, and the responding police patrol car had activated its flashing blue and red lights. The Federal Motor Carrier Safety Administration (FMCSA) classified both of the carriers involved in this crash as high-risk carriers, meaning that their ratings in the Behavior Analysis and Safety Improvement Categories (BASICs), which the agency uses to assess carrier safety, were above certain established threshold levels. As a result of the collision, an Illinois State Toll Highway Authority worker operating the HELP truck died. An Illinois State Police trooper was seriously injured in a postcrash fire that completely consumed his patrol car, and the driver of the Freightliner combination vehicle was seriously injured. The driver of the disabled Volvo combination vehicle, who was sitting in the right front seat of the HELP truck when the crash occurred, received minor injuries.
Recommendation: TO THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION: Use the policy articulated in the August 2012 “Policy on Granting, Withholding, Suspending, Amending or Revoking Operating Authority Registration” to suspend the operating authority of any carrier that has five or more intervention alerts in its Behavior Analysis and Safety Improvement Categories, demonstrating that it is not fit, willing, or able to comply with the Federal Motor Carrier Safety Regulations. The carrier should be informed as to what actions it must take to demonstrate that it has corrected its safety issues and improved its safety procedures to reverse the suspension.
Original recommendation transmittal letter: PDF
Overall Status: Closed - Acceptable Action
Mode: Highway
Location: Naperville, IL, United States
Is Reiterated: No
Is Hazmat: No
Accident #: HWY14FH002
Accident Reports: Preliminary Report Highway HWY14FH002Commercial Truck Collision with Stopped Vehicles on Interstate 88, Naperville, Illinois, January 27, 2014
Report #: HAR-16-01-SUM
Accident Date: 1/27/2014
Issue Date: 3/15/2016
Date Closed: 7/16/2018
Addressee(s) and Addressee Status: FMCSA (Closed - Acceptable Action)

Safety Recommendation History
From: NTSB
Date: 7/16/2018
Response: We are pleased that your policy is working as designed to revoke the operating authority of carriers with a high number of alerts. We are encouraged that several carriers have taken corrective action to avoid revocation or to have their revocation rescinded. This action satisfies Safety Recommendation H-16-3, which is classified CLOSED--ACCEPTABLE ACTION.

Date: 3/20/2018
Response: -From Michael J. Jordon, Management and Program Analyst, Federal Motor Carrier Safety Administration: On December 13, 2017, representatives from the Federal Motor Carrier Safety Administration (FMCSA) and National Transportation Safety Board (NTSB) met to discuss the status of 7 safety recommendations. This memorandum communicates the status updates discussed. Current Classification: Open - Acceptable Response Requested Classification: Closed • FMCSA Enforcement assessed the effectiveness of the “Patterns of Safety Violations by Motor Carrier Management” (POSV) policy (MC-ECS-2016-0009; October 20, 2015), which was provided to NTSB in previous correspondence. • Enforcement found that the POSV policy is working as designed and is having either a positive impact on the carrier’s safety posture or the carriers are exiting the industry. • The assessment reviewed data from June 2016 to Present (17 months; June 2016 through November 2017). During this time period, a total of 19 carriers were subject to the POSV policy. o Note: This does not include a small number of other carriers that were considered for the POSV tool; but, did not meet the criteria for POSV and were determined to best be served by other enforcement tools. • Of the 19 motor carriers subjected to the POSV Policy: o 12 resulted in the revocation of operating authority. ? 6 took corrective action post-revocation and provided sufficient evidence to have their POSV revocation rescinded. ? 6 never received a rescission and have exited the industry. o 7 took corrective action in response to the POSV Order to Show Cause (OSC) sufficient to terminate the proceedings. Although some took more than one submission to get everything corrected, they were able to avoid revocation. ? While the proceedings were terminated, 1 of the 7 had a 385.17 upgrade request that included deficiencies that were not part of the POSV OSC. Rather, it was a deficiency found in the last compliance investigation and there was no history or pattern of violation. Since it was not adequately addressed in the upgrade request, the Agency denied the motor carrier’s upgrade request and the carrier remains designated UNFIT even after termination of the POSV proceedings. • FMCSA requests NTSB close safety recommendation H-16-003.

From: NTSB
Date: 2/1/2017
Response: We note that you replaced the August 2012 operating authority policy with a new policy consistent with the January 2014 Patterns of Safety Violations final rule. We further note that you distributed the new policy to your field divisions and provided training to inspectors. Because this program is new, the policy’s success is difficult to measure at this time; it would be helpful to measure the program’s implementation by comparing data at 6 months, or even longer, from the effective date. Pending our receipt and review of such data, Safety Recommendation H-16-3 is classified OPEN—ACCEPTABLE RESPONSE.

Date: 7/5/2016
Response: -From T.F. Scott Darling, III, Acting Administrator: The Office of Enforcement issued the policy titled, "Patterns of Safety Violations by Motor Carrier Management" (MC-ECS-2016-0009; October 20, 2015), which implemented the Patterns of Safety Violations Final Rule (79 FR 3520; January 22, 2014) and replaces the August 2012 policy. This policy enables FMCSA to suspend or revoke the operating authority of for-hire motor carriers that: • Show egregious disregard for safety compliance; • Permit persons who have shown an egregious disregard for safety to exercise controlling influence over their operations; or • Operate multiple entities under common control to conceal noncompliance with the safety regulations. In addition to the initial training on this policy, further discussion of this policy was held at the National Enforcement Meeting which occurred the week of May 9, 2016, to work on full implementation. Additional training was planned as part of the mandatory Quarterly Policy Webinar (4 sessions during May 2016), and as part of FMCSA's mandatory in-service training at various times during the summer of 2016. This policy specifies that FMCSA will pursue revocation of operating authority, in addition to possibly pursuing civil penalties against a motor carrier, for engaging in a pattern or practice of avoiding compliance, or masking or otherwise concealing noncompliance with the regulations. However, each case will be assessed based on the facts of the specific situation. Poor performance data, as reflected by elevated SMS scores across the Behavior Analysis and Safety Improvement Categories (BASIC), is one factor in the application of the Patterns of Safety Violations. FMCSA's data indicates that approximately 300 carriers meeting these criteria are identified each month, almost all of which are high risk carriers and, therefore, scheduled for investigation. The Agency is developing guidance to its investigators to evaluate carriers meeting these criteria in accordance with the Patterns of Safety Violations rule and policy. If a revocation proceeding is initiated, an order to show cause is issued providing the carrier 30 days to provide corrective action. If sufficient corrective action is not provided, the carrier's operating authority will be revoked. Before being permitted to resume operations, the carrier will be thoroughly investigated in accordance with FMCSA's policy titled, "Policy on Granting, Withholding, Suspending, Amending or Revoking Operating Authority" (77 FR 46147; August 2, 2012). FMCSA requests the NTSB close safety recommendation H-16-003.