Letter to T.F. Scott Darling, Acting Administrator of the Federal Motor Carrier Safety Administration - Instituting New Practice of Reviewing Individual Driver Safety Records to Help Root Out "Chameleon Carriers"

Letter

Dear Acting Administrator Darling:

I write to urge you to include information about individual drivers as data points in the algorithm that FMCSA is currently developing to identify chameleon carriers applying for operating authority. The vast majority of trucking companies and the drivers they employ follow the law and prioritize safety, but it is critical that any system to screen potential chameleon carriers also screens unsafe drivers who shouldn't be on the roads.

"Chameleon carriers" are motor carriers that artificially shut down their business to skirt safety regulations, then re-form it under a new name. According to a 2012 GAO report, the number of new motor carrier applicants to FMCSA with chameleon attributes have increased in recent years--GAO identified 759 in 2005, and 1,136 in 2010. The same report also found the motor carriers with chameleon attributes were more likely to be involved in severe crashes than companies not suspected to be chameleon carriers.

I applaud FMCSA's recent steps to improve its system for vetting motor carriers by implementing a data-driven methodology to identify suspected chameleon carriers, and expanding the system to include all interstate trucking companies. I understand that FMCSA is still developing the algorithm, and deciding on exactly which data points--like the name of the business, the address of the business, etc.--to use in the final product, expected to be released in October 2015. I urge you to include information about individual drivers in the final algorithm. Chameleon carriers often re-form with the same management, same dangerous vehicles, same unfit drivers, and same unsafe ways; FMCSA must do all that it can to ensure that truck drivers with a proven history of unsafe behavior are not able to get a new job at the same old unsafe company.

The majority of truck companies and drivers understand the importance of safety. Very few companies will ever become chameleon carriers, as most companies that receive violations quickly take steps to improve the safety of their operations. The small number of chameleon carriers, however, affect the reputation of the entire trucking industry, and pose risks on our roadways.

Thank you for your attention to this matter. I look forward to working with you to ensure that unsafe chameleon carriers and drivers are not allowed back on our nation's roads.

Sincerely,

Charles E. Schumer
United States Senator

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