Lynden Transport, a Seattle-based carrier operating approximately 180 power units, lost its appeal of an administrative law judge’s recommended decision denying the carrier a hazardous materials safety permit (HMSP)
Hazmat regulations prohibit the Federal Motor Carrier Safety Administration from issuing an HMSP to a motor carrier that has a driver, vehicle, hazmat or total out-of-service (OOS) rate in the top 30 percent of the national average as indicated in the Motor Carrier Management Information System (MCMIS).
Lynden argued that because MCMIS uses two-year data to calculate the national average, the only proper method of calculating the hazmat OOS rate is to also use two-year data. But the judge noted that the Safety and Fitness Electronic Records System (SAFER) provides that the national average on hazmat is based on the OOS percentage during the 1 year prior to the permit application date. SAFER uses 2 years to calculate the national average on driver and vehicle OOS.
In an Aug. 24 decision, FMCSA Chief Safety Officer John Hill upheld the judge’s decision. For a copy of the order, visit http://dms.dot.gov/search and search Docket No. 20910.