Once simple DOT requests are now a regulatory trap
Tym’s recently sent a letter to the leadership of DOT PHMSA regarding the process of evaluating party status applications for DOT Special Permits. Not long ago, this was a simple administrative procedure by the agency. It was quick, painless, and included reasonable actions to demonstrate compliance related to the specific request. The same was true for letter of interpretation requests and simple administrative renewals. With little burden, a company could come into compliance without fear of retribution.
Unfortunately, the agency, spurred on by “modal partner’s” unreasonableness or its own, has made the process a regulatory trap. Rather than rely on periodic audits and other activities to establish compliance, it seems the agency is waiting for organizations to “stick their neck out” to quickly release the proverbial guillotine. This process is detrimental to transportation safety. Organizations engaging in these compliance activities are the most compliant actors, so why is the agency creating such a burden for them?
For these types of requests, typical scrutiny now includes a full regulatory review of all DOT-related activities, no matter if the company is in good standing or has recently demonstrated compliance through other oversight activities. The requests are sometimes unreasonably vague, unrelated to the activity requested, misleading, and confusing. They are not assessing compliance; they are looking for violations.
The result is that companies wishing to do the right thing are punished. We find ourselves in a tough position: should we advise our clients to pursue the correct regulatory activity when we know it may be detrimental to the business? It’s our fault for “bringing it up,” after all! Our stance is that adhering to the regulations is always the right thing to do. The “fight” should come from all of us and be directed to the top of these agencies. They need to understand that transportation safety and the regulatory environment will be negatively impacted by engaging in these activities.
We also urge the agencies to train and educate inspectors properly, based on laws and not opinions. We need a return to common sense evaluations and critical thinking rather than blasting organizations with unreasonable scrutiny. Inspectors must not forfeit their obligation to go into the field, proactively search for bad actors, and punish those who knowingly violate the law. Do not lay traps for those of us wishing to comply.
If this doesn’t change, it will not take long for the regulatory environment to change drastically from willful compliance to outright avoidance. It also won’t fare well for the thousands of small businesses trying to do the right thing, nor do anything other than degrade transportation safety.
We can’t control federal agencies, but we can certainly assist with effective solutions to meet the regulatory burdens of hazardous materials compliance. The best solution is proactive measures and systems that ensure regulations are met. Tym’s can create, implement, and maintain those systems without adding additional burden to your management team, with little impact to the bottom line.