Trucksafe's Wiseman discusses CSA scores, broker liability & more on The Freight Coach Podcast

In a recent episode of The Freight Coach Podcast, host Chris Jolly welcomed Brandon Wiseman, founder of Trucksafe Consulting, to discuss the complexities of DOT compliance and safety within the trucking industry. Their conversation covered the challenges faced by new and established motor carriers, the importance of proactive compliance, and the impact of safety scores on business operations. They also explored the growing trend of nuclear verdicts, the role of Electronic Logging Devices (ELDs), and the increasing scrutiny on brokers and shippers in accident litigation.

This article summarizes the key takeaways from their discussion, offering valuable insights for trucking companies seeking to navigate the regulatory landscape while maintaining safety and growing their businesses. Catch the video replay below if you missed it, or subscribe to The Freight Coach Podcast wherever you get your podcasts!

Journey to Trucksafe Consulting

Wiseman’s journey into DOT compliance began immediately after law school when he joined a prominent law firm in Indianapolis specializing in trucking regulations. The firm, recognized as the largest transportation-specific law firm in the country, represented 95 of the top 100 motor carriers in the U.S. During his decade-long tenure, Wiseman gained extensive experience working with a variety of fleets, guiding them through the complex world of DOT safety and compliance.

In 2021, Wiseman launched Trucksafe Consulting and co-founded Childress Law with a trusted partner. The vision behind Trucksafe was to bridge a significant knowledge gap in the industry concerning federal safety regulations. Drawing from his experience, Wiseman recognized the widespread confusion many carriers face when attempting to comply with complex regulatory requirements. To address this, Trucksafe provides high-quality, easily accessible educational content, including video training, online courses, and other resources designed to help fleets understand and comply with DOT regulations.

Common Compliance Pitfalls for New Entrants

One of the most common challenges for new motor carriers is overlooking the importance of DOT compliance altogether. Many new entrants, particularly smaller carriers with one or two trucks, are unaware of the regulatory requirements they must meet to operate legally. As Wiseman explained, one of the first hurdles for new carriers is passing the New Entrant Safety Audit, which is mandatory for any new interstate motor carrier.

These audits are relatively straightforward for anyone familiar with DOT regulations. However, many new entrants fail because they lack the basic records required of regulated motor carriers, such as copies of drivers’ licenses and medical cards. This lack of awareness often leads to carriers being weeded out of the industry within their first year of operation.

Wiseman emphasized the importance of being proactive and understanding DOT compliance requirements from the outset. He pointed out that FMCSA (Federal Motor Carrier Safety Administration) does provide information on these requirements through its website. Still, many new carriers are preoccupied with other aspects of running a business, such as securing freight, managing insurance, and handling taxes, which leads to compliance being overlooked.

The High Stakes of Non-Compliance

The consequences of non-compliance in the trucking industry can be severe. Beyond the immediate risk of being shut down by FMCSA, non-compliant carriers face significant legal exposure in the event of highway accidents. If a carrier’s safety practices are called into question following an accident, it can result in costly litigation, potentially leading to nuclear verdicts—jury awards exceeding $10 million.

Wiseman discussed the increasing prevalence of these nuclear verdicts, citing research from the American Transportation Research Institute (ATRI) showing a dramatic rise in such cases over the past decade. This trend underscores the importance of carriers ensuring they have robust safety practices and comprehensive compliance documentation to minimize their legal exposure.

The Impact of CSA Scores on Business Operations

Another key topic of discussion was Compliance, Safety, Accountability (CSA) scores and their impact on a carrier’s ability to secure business. CSA scores are calculated based on violations recorded during roadside inspections and DOT-recordable accidents. High CSA scores can significantly affect a carrier’s reputation and ability to work with brokers and shippers.

Many carriers express frustration over elevated CSA scores, believing that minor or isolated incidents unfairly impact their overall rating. However, Wiseman explained that the CSA scoring system is designed to identify patterns of non-compliance over time. High scores generally result from recurring issues, not isolated incidents.

To improve CSA scores, Wiseman advised carriers to analyze their violation history, identify trends, and implement corrective actions. This may involve holding drivers accountable, providing additional training, or addressing systemic issues such as maintenance problems. Consistent compliance efforts are key to reversing negative trends and maintaining favorable CSA scores. Check out our multi-session webinar series on how to improve CSA scores.

Addressing Misconceptions about Voluntary DOT Inspections

A common misconception in the industry is that carriers can easily volunteer for DOT inspections to improve their CSA scores. However, Wiseman clarified that voluntary inspections are no longer an option. The Commercial Vehicle Safety Alliance (CVSA), which oversees state law enforcement agencies, has directed officers not to conduct voluntary inspections because FMCSA does not fund them.

This misconception poses challenges for new carriers, as many brokers require a certain number of inspections before they are willing to work with a carrier. Small fleets, in particular, struggle to meet these requirements due to limited exposure to roadside inspections. Wiseman emphasized the need for better education among brokers regarding the realities of the inspection process.

For carriers looking to build trust with brokers despite a lack of inspection history, Wiseman suggested focusing on maintaining low CSA scores, favorable out-of-service rates, and good safety ratings. Establishing strong relationships with brokers and demonstrating a solid compliance posture can also help overcome inspection-related barriers.

ELDs: A Necessary Tool or Overregulation?

The conversation also touched on the controversial topic of Electronic Logging Devices (ELDs). ELDs were implemented to reduce log falsifications and improve compliance with hours-of-service regulations. However, some in the industry argue that ELDs have not significantly reduced accidents and view them as an unnecessary regulatory burden.

While acknowledging these criticisms, Wiseman defended ELDs as an effective tool for increasing transparency and accountability. By automatically recording driving time, ELDs reduce the possibility of falsifying logs—a widespread issue before their implementation. Additionally, in the event of an accident, ELDs provide valuable data that can be used to defend a carrier’s compliance practices in court.

Despite ongoing debates, Wiseman believes that ELDs are here to stay. He noted that attention is now shifting toward the use of cameras, particularly forward-facing cameras, which can exonerate drivers in accident litigation. In contrast, inward-facing cameras remain controversial due to privacy concerns.

Nuclear Verdicts and the Increasing Liability of Brokers and Shippers

Nuclear verdicts have become a growing concern for the trucking industry, with plaintiffs’ attorneys increasingly targeting brokers and shippers in accident litigation. Wiseman explained that brokers and shippers are being scrutinized for their carrier selection practices, which has led to a rise in lawsuits alleging negligence in hiring unsafe carriers.

This shift in liability has prompted brokers to implement stricter vetting processes, including requirements for CSA scores, safety ratings, and inspection history. However, Wiseman warned that some brokers rely on arbitrary requirements, such as a minimum number of inspections, which may unfairly disadvantage new or small carriers.

To mitigate liability, Wiseman advised brokers to establish clear and consistent safety criteria for carrier selection and document their decision-making processes. He also recommended that carriers be proactive in maintaining their safety metrics and building strong relationships with brokers to demonstrate their commitment to compliance and safety.

The Road Ahead: Adapting to an Evolving Regulatory Landscape

Looking to the future, Wiseman highlighted several regulatory developments that could impact the trucking industry. With a new administration in office, there is likely to be a shift in regulatory priorities. For example, President Trump’s 10 for 1 rule requires federal agencies to target ten existing regulations for potential removal for every new rule they propose, potentially leading to a rollback of certain regulations.

However, Wiseman cautioned that while some regulations may be scaled back, others could be expanded, particularly in response to ongoing safety concerns. He emphasized the importance of carriers staying informed and proactive in their compliance efforts to navigate the ever-changing regulatory landscape.

Conclusion

The conversation on The Freight Coach Podcast underscored the critical role of DOT compliance and safety in the trucking industry. From understanding CSA scores and ELD requirements to mitigating liability in accident litigation, carriers must be vigilant in maintaining compliance to protect their businesses and grow sustainably. Trucksafe Consulting remains committed to supporting carriers in their compliance journey through educational resources, training, and expert guidance. As the regulatory landscape continues to evolve, proactive compliance and safety practices will be essential for long-term success.

About Trucksafe Consulting, LLC: Trucksafe Consulting is a full-service DOT regulatory compliance consulting and training service. We help carriers develop, implement, and improve their safety programs, through personalized services, industry-leading training, and a library of educational content. Trucksafe also hosts a livestream podcast on its various social media channels called Trucksafe LIVE! to discuss hot-button issues impacting highway transportation. Trucksafe is owned and operated by Brandon Wiseman and Jerad Childress, transportation attorneys who've assisted some of the nation’s leading fleets to develop and maintain cutting-edge safety programs. You can learn more about Trucksafe online at www.trucksafe.com and by following Trucksafe on LinkedIn, Facebook, Twitter, and YouTube. Or subscribe to Trucksafe's newsletter for the latest highway transportation news & analysis. Also, be sure to check out eRegs, the first app-based digital version of the federal safety regulations aimed at helping carriers and drivers better understand and comply with the regulations.