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Warning letters are often the first step in the intervention process. The Federal Motor Carrier Safety Administration (FMCSA) sends warning letters to motor carriers whose safety performance data indicates they are not complying with applicable FMCSA safety regulations. This document provides key information about warning letters and tips for motor carriers to take action to improve their safety operations.
Warning letters are an important part of the Compliance, Safety, Accountability (CSA) interventions process. They provide early contact with carriers who have identifiable, but not yet severe, safety problems. A motor carrier representative of one company that received a warning letter in the Operational Model Test (Op-Model Test) advises other carriers to gain a strong understanding of CSA “so they can talk to their office staff; talk to their drivers; lay down the consequences for driver performance; and work to be compliant.” The following are some of the most frequently asked questions about warning letters.
Q. What are warning letters?A. Warning letters are an important element of the CSA interventions process, which also includes Offsite, Onsite Focused, and Onsite Comprehensive Investigations. CSA’s suite of tools will enable Federal and State enforcement staff to select carrier interventions according to the nature and severity of a carrier’s safety problems. CSA’s array of interventions starts with the warning letter, the earliest contact designed to address the least severe safety problems. The warning letter is designed to make carriers aware of their safety performance issues so they can address these early, before they become habitual and more difficult to correct.
Q. How can I reduce my scores?A. FMCSA recommends a carrier follow the SMS (Safety Management Cycle) The Safety Management Cycle will walk carriers through their operations and help to identify process breakdowns likely to result in safety problems. SIRs (Safety Improvement Recources) are a part of the new model and used to guide carriers in improving their operations.
Q. What do warning letters say?A. Warning letters notify carriers of their safety issues, provide instruction on how to view their safety information online, and warn them that failure to correct safety problems result in future contact by FMCSA. Warning letters will provide motor carriers with an opportunity to examine their data for accuracy and to file any appropriate requests for data review.
Q. Who will get a warning letter and when?A. Motor carriers that are identified through the CSA Safety Measurement System (SMS) as requiring this first level of intervention will receive a warning letter. Warning letters will be deployed beginning in late 2010.
Q. Does FMCSA send warning letters to drivers or only to carriers?A. At present, only carriers receive warning letters if their SMS score exceeds the threshold in any Behavior Analysis and Safety Improvement Category (BASIC). FMCSA does not have plans at this time to directly contact drivers.
Q. Do all carriers with safety deficiencies receive a warning letter?A. No. Motor carriers who are identified as having significant safety problems in the SMS will receive an Offsite or Onsite Investigation depending on the BASICs that exceed the threshold. They will not necessarily receive a warning letter beforehand.
Q. How did warning letters work in the Op-Model Test States?A. Between February 2008 and June 30, 2010, more than 6,500 warning letters were sent in the nine Op-Model Test States. Over one-half of those carriers logged into the website to view their safety performance information. Moreover, several carriers sent letters detailing their corrective actions or sought guidance from Division Office personnel in response to the warning letters. A motor carrier representative in the Op-Model Test observed, “Getting the warning letter was quite shocking; we immediately sent messages out to our drivers explaining the changes and did one-on-one training to make them aware of the deficiencies and how to become compliant. This has been good — everyone has stepped up to the plate and we are already seeing safety improvements.”