"Syfan Says" Fall 2018

By John Seidl Vice President Risk Management | Reliance Partners In the new era of ELD regs, one key to controlling costs is watching your CSA safety scores. Elevated CSA scores can: • Increase insurance rates; • Prompt an FMCSA Intervention that results in a potential Conditional or Unsatisfactory rating, adversely affecting shipper, receiver and freight broker relationships; • Provide ammunition to any plaintiff for a punitive damage claim. Given this, the next question is, how do you control your CSA Scores? Interestingly, you control your CSA scores in the same manner that you would control insurance rates: • Prevention – You cannot add CSA points if you have no adverse roadside violations and DOT crashes, just like you cannot have insurance losses without claims. • Time – CSA points remain for two years, just like insurance claims remain until they are closed. Both take time. • Management – You can mitigate the severity of adverse inspections via DataQs (https://dataqs.fmcsa.dot.gov ), whereas you can also manage insurance claims, thus reducing the overall severity over time. Did you know? 49 CFR 395.15 is the regulation for Automatic On-Board Recorders (AOBRDs) and 49 CFR 395.20 to 49 CFR 395.38 are the regulations for Electronic Logging Devices (ELDs). Many Inspectors are improperly enforcing AOBRDs as ELDs. Two key guidance questions have been published to assist in fighting ELD cited violations when you actually have AOBRDs. “May a motor carrier that installed and required its drivers to use an AOBRD before December 18, 2017, install and use a registered ELD-capable device that runs compliant AOBRD software after that date? Answer: Yes, until December 16, 2019.” “What will be the enforcement procedures for “grandfathered” automatic onboard recording devices (AOBRDs) and electronic logging devices (ELD) during the two-year period following the compliance date of the ELD rule? Answer: During the period when both “grandfathered” AOBRDs and ELDs will be used (December 18, 2017 to December 16, 2019), authorized safety officials will enforce ELD rule requirements for ELDs and the requirements in 49 CFR 395.15 for “grandfathered” AOBRDs…” Basically, this means you should not be cited for 49 CFR 395.20 to 395.38 until December 16, 2019 if you are legally “grandfathered” operating AOBRDs – and you should be using the DataQ option to challenge these. When collecting evidence to prove you are “grandfathered,” make sure you have a copy of an AOBRD log dated prior to December 18, 2017 to show you installed AOBRDs and used them before this date. This is one example of when a DataQ can be used, but there are many more. John Seidl, VP of Risk Management (262-672-0986) at Reliance Partners (www.reliancepartners.com) is the author of this article. He can be contacted for more guidance on DataQs, Insurance, or any other DOT related matter. 3 Editor’s Note: Since the ELD mandate went into effect in 2018, shippers and carriers have been concerned about rising administrative costs. The following column by John Seidl, an ELD regulations expert and former official with the Federal Motor Carrier Safety Administration, provides advice and updates. ELD UPDATE: CONTROLLING CSA SCORE IS IMPORTANT CSM Bakery Solutions recently recognized Syfan Transport as Regional Carrier of Year for superior service and communication. “We are proud that we have been a carrier partner with CSM Bakery Solutions for many years and appreciate their continued support in entrusting us to serve them and their customers,” Syfan Logistics Executive Vice President Steve Syfan says. CSM Bakery Solutions is an international leader in the baking industry, producing one of the industry’s broadest ranges of products for customers in more than 100 countries. Headquartered in Atlanta, Georgia, CSM is dedicated to developing and providing solutions that drive customer growth and success. The company offers a broad, innovative portfolio of premium quality bakery ingredients, finished products and services for retail and foodservice markets as well as artisan and industrial bakeries. CSM BAKERY SOLUTIONS NAMES SYFAN REGIONAL CARRIER OF THE YEAR