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Safety Recommendation Details

Safety Recommendation H-14-028
Synopsis: On May 28, 2013, about 1:59 p.m., a 2003 Mack Granite three-axle roll-off straight truck, operated by Alban Waste, LLC, was traveling northwest on a private road in Rosedale, Maryland, toward a private highway–railroad grade crossing. The grade crossing consisted of two tracks and was marked on each side with a crossbuck sign. The truck was carrying a load of debris to a recycling center located 3.5 miles from the carrier terminal. About the same time, a CSX Transportation Company (CSXT) freight train—which consisted of two locomotives, 31 empty cars, and 14 loaded cars—was traveling southwest at a recorded speed of 49 mph. As the train approached the crossing, the train horn sounded three times. The truck did not stop; and as the train traversed the crossing, it struck the truck on the right side, causing the truck to rotate and overturn before coming to rest on the earthen embankment on the northwest side of the tracks. The first 15 cars of the 45-car train derailed.
Recommendation: TO THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION: Establish criteria for revoking the certification of any new entrant that demonstrates a pattern of safety deficiencies.
Original recommendation transmittal letter: PDF
Overall Status: Closed - Acceptable Action
Mode: Highway
Location: Rosedale, MD, United States
Is Reiterated: No
Is Hazmat: No
Accident #: HWY13MH013
Accident Reports: Highway-Railroad Grade Crossing Collision
Report #: HAR-14-02
Accident Date: 5/28/2013
Issue Date: 10/22/2014
Date Closed: 11/12/2015
Addressee(s) and Addressee Status: FMCSA (Closed - Acceptable Action)

Safety Recommendation History
From: NTSB
Date: 11/12/2015
Response: We note that you provided new guidance to your enforcement staff through the issuance of two recent policies and a final rule: (1) FMCSA Policy on Granting, Withholding, Suspending, Amending or Revoking Operating Authority Registration, (2) Revocation of Operating Authority for Willful Non-Compliance, and (3) Patterns of Safety Violations by Motor Carrier Management. Combined, these establish criteria that increase your agency’s ability to identify, and take appropriate action against, motor carriers (including new entrants) that have demonstrated willful noncompliance with the FMCSR, Hazardous Materials Regulations, Americans with Disabilities Act implementing regulations, or Federal Motor Carrier Commercial Regulations, or that operate in a manner showing a blatant and sustained disregard for, or an inability to meet, regulatory requirements and safety compliance. We commend the FMCSA for your thorough efforts to define your authority, allowing you to take action against bad-actor carriers who do not comply with federal regulations, such as the carrier we investigated in the Rosedale, Maryland, crash. These actions satisfy Safety Recommendation H-14-28, which is classified CLOSED—ACCEPTABLE ACTION.

Date: 4/1/2015
Response: -From T.F. Scott Darling, III, Chief Counsel: On August 2, 2012, FMCSA published the enforcement policy, "FMCSA Policy on Granting, Withholding, Suspending, Amending or Revoking Operating Authority Registration," in the Federal Register. Enclosed is a copy of the Federal Register notice for your reference. This policy established procedures to revoke the operating authority registration of motor carriers and freight forwarders for willful non-compliance with the Federal Motor Carrier Safety Regulations, Hazardous Materials Regulations, Americans with Disabilities Act Regulations, and Federal Motor Carrier Commercial Regulations. On March 28, 2013, FMCSA issued the internal policy, "Revocation of Operating Authority for Willful Non-Compliance" to establish procedures in support of the Federal Register notice. Enclosed is a copy of the policy memorandum for your reference. The policy explicitly incorporated provisions established and announced in the Federal Register. The policy applies to any entity required to maintain operating authority registration that demonstrates an unwillingness or inability to comply with applicable statutes and regulations and/or operates in a manner that shows a blatant and sustained disregard for, or an inability to meet, regulatory requirements. Specifically, the Agency will exercise its authority to revoke operating authority registration in cases where there is conduct that demonstrates willful disregard for applicable requirements. Revocation of operating authority registration forces a regulated entity to cease those operations that require registration. To date, FMCSA has utilized this policy more than 30 times. On January 22, 2014, FMCSA published the final rule, "Patterns of Safety Violations by Motor Carrier Management." Enclosed is a copy of the final rule for your reference. The Patterns of Safety Violations final rule became effective on February 21, 2014, and enables the Agency to suspend or revoke the operating authority of for-hire motor carriers that; show an egregious disregard for safety compliance; permit persons who have shown an egregious disregard for safety compliance to exercise controlling influence over their operations; or operate multiple entities under common control to conceal noncompliance with safety regulations. All of these actions strengthened FMCSA's ability to take strong, decisive action against motor carriers, including new entrant companies that demonstrate or have demonstrated a pattern of safety deficiencies. Based on the information provided above and the implementation of these policies for all carriers, including New Entrants, FMCSA plans no further action specific to the recommended action and respectfully requests NTSB classify safety recommendation H-14-28 as "Closed- Acceptable Action."