SAFETY EFFECTIVENESS EVALUATION
Adopted: February 19, 1981
FEDERAL AND STATE ENFORCEMENT EFFORTS
IN HAZARDOUS MATERIALS TRANSPORTATION BY TRUCK 
NTSB Number: SEE-81/02
NTIS Number: PB81-180101
SYNOPSIS
The National Transportation Safety Board, at the request of the Senate Appropriations Committee, has just completed a safety effectiveness evaluation of Federal and State enforcement efforts in the area of bulk hazardous materials transportation by commercial motor vehicle. As a result of this evaluation, the Board found that there are several improvements that should be made to the enforcement activities of the Bureau of Motor Carrier Safety (BMCS) in the Federal Highway Administration (FHWA).

In its evaluation, the Board staff interviewed BMCS officials in the Headquarters office and in eight of the nine FHWA Regions. In addition, the Board staff interviewed State enforcement officials in 24 States, including 3 of the 4 States participating in the BMCS “Commercial Motor Carrier Safety Inspection and Weighing Demonstration Program”.
Because the BMCS enforcement of the motor vehicle-related Federal Hazardous Materials Regulations is not separate from its enforcement of the Federal Motor Carrier Safet Regulations, the Board found that, in general, the same deficiencies undermine the effectiveness of both efforts. Thus, the major findings of the Board concerning BMCS enforcement apply equally to enforcement of the motor vehicle-related Federal Hazardous Materials Regulations and the Federal Motor Carrier Safety Regulations.

RECOMMENDATIONS

As a result of this safety effectiveness evaluation, the National Transportation Safety Board made the following recommendations:

--to the Administrator, Federal Highway Administration

Develop and implement a data collection and analysis plan for use in determining the relationship between compliance with the Federal Motor Carrier Safety Regulations and the motor vehicle-related Federal Hazardous Materials Regulations and motor carrier accident/incident reduction. (Class II, Priority Action)(H-81-2)

Develop a plan for performing periodic vehicle inspections, based on random selection methods, of sufficient magnitude and appropriate frequency to provide statistically valid data on carrier compliance with the Federal Motor Carrier Safety Regulations and the motor vehicle-related Federal Hazardous Materials Regulations. Such a plan should consider the potential for assistance by the States in performing these inspections. The data should be published in a form usable by States with motor carrier safety or hazardous materials enforcement programs. (Class II, Priority Action)(H-81-3)

Develop a written plan for using the BMCS Management Information System to (1) improve the effectiveness of the Bureau’s motor carrier safety and hazardous materials enforcement activities; (2) evaluate the effectiveness of the activities on carrier compliance with the Federal regulations and on reducing the risks of motor carrier transportation and hazardous materials carriage by trucks; (3) assist States in developing and conducting motor carrier safety and hazardous materials enforcement programs. (Class II, Priority Action)(H-81-4)

Allocate more resources to the development of the Management Information System and provide the Bureau of Motor Carrier Safety with adequate and timely programming support to facilitate system’s development. (Class II, Priority Action)(H-81-5)

Develop explicit criteria for deciding which carriers and hazardous materials shippers to audit to ensure that the small resources of the Bureau of Motor Carrier Safety are focused on the companies most in need of attention. The criteria should take into account such factors related to the degree of hazard presented by the candidate companies. (Class II, Priority Action)(H-81-6)

Develop explicit criteria to guide field staff of the Bureau of Motor Carrier Safety in the development of enforcement case reports, including criteria for initially determining that a case should be developed and the number and types of violations to document. (Class II, Priority Action)(H-81-7)

Develop and publish FHWA policy and procedures for determining initial and final assessments against motor carriers and hazardous materials shippers for violations of the Federal Motor Carrier Safety Regulations or the Federal Hazardous Materials Regulations, for use by FHWA attorneys and others (Class II, Priority Action)(H-81-8)

Direct FHWA regional and headquarters attorneys to systematically document the reason(s) for the amount of initial assessment, the arguments advanced by respondents for withdrawing or mitigating the initial assessment, the disposition of those arguments, and the reason(s) for the amount of the final assessment. Determine whether such documentation could be included in the carrier and hazrdous materials shipper computer files of the Management Information System of the Bureau of Motor Carrier Safety. (Class II, Priority Action)(H-81-9)

-- to the Administrator, Research and Special Programs Administration

Develop and use a common shipper identifier in all DOT hazardous materials compliance records. (Class II, Priority Action)(I-81-3)