Without a doubt the roll out of CSA2010 has been a big story this year. The program has redefined how FMCSA will analyze data relating to both carriers and drivers. Probably the most unique aspect of CSA2010 is that it tracks driver specific information, which is then made available to prospective employers.
Annette Sandberg, former FMCSA Administrator, recently stated that FMCSA has a "red list of drivers". FMCSA responded by saying that there is not a "red list". However, there are red flag violations:
- Violating Part 395 Out-of-Service Order -- 395.13(d)
- Possessing, using or being under the influence of a controlled substance -- 392.4(a)
- Possessing, being under the influence of, or using alcohol within 4 hours of going on duty -- 392.5(a)
- Allowing a driver to operate with more than one CDL -- 383.37(b)
- Operating a commercial motor vehicle with more than one CDL -- 383.21
- Operating without a valid CDL -- 383.23(a)
- Driving while disqualified -- 383.51(a)
- Driving without a valid operator's license -- 391.11(b)(5)
- Driving while disqualified -- 391.15(a)
- False entry on medical examiner's certificate -- 391.45
- Operating an Out-of-Service vehicle before making repairs -- 396.9(c)
So, is there a "red list" or not? Well, not in the sense that you can access the CSA2010 database and download the "red list". However, anytime a driver receives one of these violations, it is added to the database and tied to the driver's name.
The disagreement over the existence of "the list" obscures the real impact of red flag violations. These drivers have committed what the FMCSA feels are the most egregious violations. From a motor carrier's perspective, it would be in their best interest if they discovered this prior to employing that driver.
Of course, in the event of an audit or a CSA prompted intervention, the FMCSA investigator will certainly have this information available to them. And you can count on the fact that they'll zero in on those drivers for closer scrutiny.
Knowing your driver's record has just become more important than ever.