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OOIDA Warns FMCSA Against Penalizing Unrated Carriers in Safety Fitness Overhaul

The Owner-Operator Independent Drivers Association submitted formal comments arguing that the current safety fitness determination process is flawed and that carriers without a rating must not face operational disadvantages.

Trucking photo

Washington, D.C. — The Owner-Operator Independent Drivers Association (OOIDA) submitted formal comments to the Federal Motor Carrier Safety Administration (FMCSA) on November 29, urging the agency to ensure that any changes to the safety fitness determination process do not unfairly disadvantage motor carriers that have not yet received a rating. This submission came at the close of a public comment period for an advance notice of proposed rulemaking that the FMCSA launched on August 29. The association emphasized that the existing framework has failed to provide a reliable or objective measure of a carrier’s ability to operate safely, and that any new methodology must correct these systemic errors without creating new barriers for the majority of industry participants.

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The core issue centers on the fact that safety fitness determinations are currently only assigned after a compliance review is completed. OOIDA highlighted that this system reaches only a tiny fraction of the active interstate motor carrier population. The association pointed out that the process is fundamentally limited by the inaccuracy and inconsistency of the data collected during investigations. Because the current structure does not produce uniform results, OOIDA argued that it is not a valid tool for gauging operational fitness. The group stressed that the success of any regulatory program depends on the availability of accurate information, a standard the current system does not meet.

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OOIDA provided specific data to illustrate the scale of the gap in oversight. In fiscal year 2019, the FMCSA and its state partners conducted 11,671 compliance reviews. This number is stark when compared to the total population of more than 567,000 active interstate motor carriers. The association warned that this low coverage rate contributes to an unreliable system. Consequently, any reforms must be designed to avoid penalizing the overwhelming majority of carriers who will never receive a formal rating due to the limited scope of these reviews.

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What This Means for Drivers

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For the CDL-A driver working for an owner-operator or a small fleet, the stability of the carrier’s standing with federal regulators is directly tied to their ability to secure consistent truck driver jobs. If FMCSA regulations shift to a system that penalizes unrated carriers, thousands of small and mid-size operations could face increased scrutiny or operational restrictions that make them less viable employers. This uncertainty could drive more drivers toward larger fleets, but it also risks destabilizing the independent sector that forms the backbone of the industry. OT truck drivers who rely on owner-operators for flexible work arrangements need to monitor these regulatory developments, as they can impact the financial health of the companies they partner with. Understanding these shifts is crucial for anyone navigating the current landscape of trucking companies hiring.

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Industry Reaction

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OOIDA specifically criticized the reliance on the Compliance, Safety, Accountability (CSA) and Safety Measurement System (SMS) programs for determining fitness. The association argued that since their inception in 2010, these programs have failed to reduce injuries, fatalities, and crashes. OOIDA stated that the agency must avoid using these tools for fitness determinations because they incentivize regulatory compliance rather than actual safety performance. The group referenced a 2016 proposal by FMCSA to use a carrier’s absolute measure in SMS to determine safety fitness, a plan that was eventually withdrawn after facing significant opposition from industry groups. This history underscores the ongoing tension between regulatory agencies and the independent driver sector regarding how safety is measured and enforced.

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Key Points

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  • OOIDA submitted comments to FMCSA on November 29, opposing penalties for carriers without a safety fitness rating.
  • In fiscal year 2019, only 11,671 compliance reviews were conducted out of over 567,000 active interstate carriers.
  • Photo by David Guerrero on Pexels

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Carlos Vega
Born in Laredo, Texas, Carlos grew up around cross-border freight and has covered US-Mexico trucking corridors, port logistics, and fuel markets for trade publications since 2017.