Presents: Compliance with the Federal Motor Carrier Safety Regulations March 11, 2008

Presents:

Compliance with the

Federal Motor Carrier Safety Regulations

March 11, 2008

Code of Federal Regulations

There is a total of 50 titles, governing all aspects of American

Society.


Title 29

Occupational Safety and Health Administration


Title 40

Environmental Protection Agency


Title 49

Department of Transportation

Federal Motor Carrier Safety Regulations

Compliance Reviews and Safety Ratings (Part 385)

Audits of recordkeeping

Acute and critical violations

Assignment of safety ratings

FEDERAL MOTOR CARRIER SAFETY REGULATIONSPart 380 - TrainingPart 382, and Part 40 – Drug and alcohol testingPart 383 - CDLPart 387 - InsurancePart 390 - General / Accident RegisterPart 391 - Qualifications of DriversPart 392 - Driving of Motor VehiclesPart 393 - Parts and AccessoriesPart 395 - Hours of Service of DriversPart 396 - MaintenancePart 397 - Transportation of Hazardous

Safety Fitness ProceduresPart 385

New entry safety review (385.307)– Required for new motor carriers, within 18

months– Process is in Appendix A of Part 385

HM safety permits (385.403/405) Compliance reviews (Appendix B, Part 385)

– Acute and critical violations– Six rating factors– Assignment of safety rating

Acute and Critical Violations

Acute is most severe – 1 violation = 1 point– Example: Part 391.15(a), using a physically

unqualified driver Critical is less severe – 10% of documents

reviewed must be in violation to = 1 point– Example: Part 391.51(a), failing to maintain a

DQ file for each driver

Rating Factors

Factor 1, General (Parts 387-390 Factor 2, Driver (Parts 382, 383, 391 Factor 3, Operational (Parts 392, 395 Factor 4, Vehicle (Part 396 Factor 5, Hazardous material (Parts 397,

171, 177, 180) Factor 6, Accident ratio (must not exceed 1.5

per million miles, long haul; 1.7 for local)

Assignment of Safety Rating

Factor ratings

Unsatisfactory Conditional Overall Safety rating

0 2 or fewer Satisfactory

0 more than 2 Conditional

1 2 or fewer Conditional

1 more than 2 Unsatisfactory

2 or more 0 or more Unsatisfactory

Applicability (Part 390.3)

Rules apply to:– Commercial motor vehicles– Property or passengers– On highways– In interstate commerce– Also, Part 383 (CDL) applies to inter and

intra state commerce

DEFINITIONSPart 390.5

Accident

Commercial Motor Vehicle

Highway

Interstate Commerce

Commercial Motor Vehicle

Any self propelled or towed vehicle used on a highway in interstate commerce to transport passengers or property

GVWR or actual weight of 10,001 or more lbs., whichever is greater

Designed to transport 8 passengers for hire; Designed to transport 16 or more passengers

including the driver; Any size and placarded for hazardous material

Highway

Public or private Open to public travel Without

– restrictive gates– prohibitive signs– or regulation based on size, weight, or class

INTERSTATE COMMERCE

Trade, traffic, transportation between states Within a state, through another state Between a state and a point outside the United

States

FEDERAL MOTOR CARRIER SAFETY

REGULATIONS(390.3e)

Every motor carrier and its officers shall be conversant with and comply with these regulations;

Every driver shall be trained.

PenaltiesPart 386 Appendix B

Violations of FMCSR– Recordkeeping = $550-5500– Knowing falsification $5500– Non-recordkeeping by person $11,000– Non-recordkeeping by drivers = $1,100

Financial Responsibility = $16,000 Hazardous Materials = $275-$32,500

390.37 “Any person who violates... may be subject to civil or criminal penalties.”

Any person

MINIMUM LEVELS OF FINANCIAL

RESPONSIBILITYPart 387

Insurance coverage for injury or damage to a third party

Applies to “for-hire” carriers and carriers hauling hazardous materials

Form MCS-90 (outside insured) Form MCS-82 (self insured). Buses MCS-90B or MCS-82B.

Schedules of LimitsType of carriage Commodity transported January 1,

1985(1) For hire Property -nonhazardous

(2) For-hire Hazardous and Private Substance >3500;

In bulk 1.1,1.2, 1.3,2.3 zA, 6.1 pgI, 2.1, 2.2, or highway

controlled 7 5,000,000(3) For-hire Oil;HW, HM, HS and Private not listed above 1,000,000(4) For-hire Any 1.1, 1.2, 1.3; and Private any 2.3zA, 6.1 pgI,zA, or

highway 7 5,000,000

$ 750,000

ACCIDENT REGISTER390.15(b)

Keep for 3 years after accident List of Accidents

– Date

– City, ST

– Driver

– # Injuries

– # Fatalities

– HM spilled DATE CITY, ST DRIVER # INJURIES? FATALITIES? HM

Entry-Level Driver Training Requirements

Part 380.500/513

Definition: Entry Level Driver (380.502)

A driver with less than one year of experience operating a CDL commercial motor vehicle in

interstate commerce

Definition: Entry level driver training (380.502)

Driver qualification Hours of service Driver wellness Whistleblower protection

LCV Training Part 380.101 to 380.401

Applies to all operators of LCVs in interstate commerce;

Employers of such persons; LCV driver-instructors

Definitions (380.105)

Part 383 (cdl) definitions apply unless excepted

LCV – 2 or more trailers, over 80K GVW– Doubles– triples

Qualified LCV instructor– Classroom

– Skills

Training institution = accredited by US Dept of Ed.

LCV Doubles (380.203)

To qualify for training:– Within past 6 months, must have a Class A

CDL, w/doubles endorse.– Within past 6 months, drove Class A vehicles– 1 license– No suspensions, revocations, etc.– No 383.51 convictions

LCV Triples (380.205)

To qualify for training:– Within past 6 months, must have a Class A

CDL, with doubles endorse– Within past 6 months, drove Class A vehicles– 1 license– No suspensions, revocations, etc.– No 383.51 convictions

Instructor Requirements (380.301)

Classroom instructor: has audited the course;

Skills instructor:– 2 years’ experience in appropriate

equipment– Certified by State Dept. of Ed (for training

school instructor)– Has completed course in subpart B (380.201,

203, 205

OMNIBUS TRANSPORTATION

EMPLOYEE TESTING ACT OF 1991

Alcohol and Controlled Substances Testing for drivers requiring CDL

Testing for interstate and intrastate drivers Minimum of four types of testing Establish procedural requirements which

ensure privacy and accuracy Rehabilitation

WHO’S REQUIRED TO HAVE A CDL?

A commercial driver’s license is required (Title 49 CFR, Part 383) of anyone who drives a vehicle which:

Has a GVWR of 26,001 or more pounds; or Is designed to transport 16 or more passengers,

including the driver; or Is of any size and is used in the transportation

of hazardous materials requiring placards

ALCOHOL AND DRUG TESTS REQUIRED

(382.301 - .311) Pre-employment (.301) Post accident (.303) Random (.305) Reasonable suspicion (.307) Return to duty (.309) Follow - up (.311)

PRE-EMPLOYMENT CONTROLLED

SUBSTANCES TESTINGPrior to performing “safety-sensitive

functions”:

Verify negative test result for controlled substances use;

Accident

Fatality Injury treated immediately

away from the scene One or more vehicles incurring

DISABLING DAMAGE

POST ACCIDENT TESTING

Following an accident involving a CMV, each employer shall test each surviving driver for alcohol and controlled substances when either:

The accident involved a fatality; or

The driver receives a citation under a state or local law for a moving traffic violation arising from the accident.

POST ACCIDENT TESTING(Employer Responsibilities)

Provide drivers with the necessary post-accident information, procedures and instructions;

Require alcohol test within two (2) hours; Cease attempts to alcohol test driver after eight (8)

hours; Require driver to submit to a controlled substances test

within 32 hours following the accident.

POST ACCIDENT TESTING(Driver Responsibilities)

Remain available for testing, or the employer may consider the driver to have refused;

Refrain from consuming alcohol for eight (8) hours following the accident

RANDOM CONTROLLED SUBSTANCES

TESTING

Minimum annual rate of 50 percent of the average number of driver positions;

If drivers are in a multi-employer consortium, the consortium must meet the 50 percent rate

RANDOM ALCOHOL TESTING

Minimum annual rate of 10 percent of the average number of driver positions;

Random alcohol tests shall be administered during, immediately prior, or immediately after the performance of safety-sensitive functions.

RANDOM TESTING

Tests shall be unannounced and spread reasonably throughout the calendar year;

Coordinate an appointment time; Upon notification the driver selected shall proceed

immediately to the testing site; Scientifically valid method; Interstate and intrastate drivers may be pooled together

for random testing; Owner-operators must join a consortium.

REASONABLE SUSPICION TESTING

(Controlled Substances)

Reasonable suspicion drug/alcohol testing may be administered any time while the driver is on duty;

Maintain written record of observations leading to the test.

REASONABLE SUSPICION TESTING

Observations must be made by at least one trained supervisor or company official (382.603)– 60 minutes on Alcohol misuse– 60 minutes on Controlled substances misuse– Address the physical, behavioral, speech, and

performance indicators of probable alcohol misuse and the use of controlled substances.

Once in a lifetime documentation of training must be maintained

RETURN-TO-DUTYTESTING

A driver found to be positive in a drug/alcohol test shall submit to return-to-duty testing as follows:

Prior to performance of safety-sensitive duties; Result of alcohol test shall indicate a breath

alcohol concentration of less than 0.02; Result of controlled substances test shall indicate

a verified negative.

FOLLOW-UPTESTING

As deemed necessary by a Substance Abuse Professional (SAP);

Minimum of six (6) tests in the first twelve (12) months;

Testing shall not exceed sixty (60) months; Unannounced.

CONSEQUENCES0.04 BAC or greater; OR a positive drug test

Referral to SAP* and

evaluated Follow SAP* program

if required Return-to-duty test

negative Follow-up tests *Substance Abuse Professional

Part 40.25 - Inquiries

Request positives, refusals, other violations for previous 2* years from employers where applicant was subject to testing

Ask applicant if she/he has ever tested positive or refused to test on pre-employment, and as a result, did not get the job

* See Part 391.23 (requirement is now 3 years)

POLICY & EDUCATIONALMATERIALS

382.601

Educational Materials

Employee Organizations

Policy Issues

Content Mandatory

Receipt

SERIOUS TRAFFIC VIOLATIONS

383.51(c) DEFINITION

– Excessive Speeding (15 mph or more)– Reckless Driving– Improper or erratic lane changes– Following too closely– Moving violation in fatal accident

DURATION OF DISQUALIFICATION– 2nd offense (3 years) - 60 days– 3rd offense (3 years) - 120 days

Driver Qualifications391.11

21 years old Read and speak English Can operate type of vehicle assigned Physically qualified Current operator’s license Annual certificate of violation Not disqualified Road tested

WHO MUST BE EXAMINED(391.45)

Never been certified Not certified during preceding 24 months

Ability to perform normal duties

impaired

Driver Qualification File 391.51

Application for employment Past employment checks Initial Driving record(s) from state/province Road test and certificate Annual driving record check Annual review Annual statement of violations Medical Examiners Certificate Waiver

Investigations/inquiries (391.23)

Investigate safety performance history for preceding 3 years

Place copy of driving record in DQ file within 30 days

Place employer replies in DQ file; after 10/29/04, place documention of GOOD FAITH EFFORTS in DQ file

Investigations/inquiries (cont)

Driver ID & employment verification Recordable accidents past 3 years Any violations of drug/alcohol testing

rules Completion or failure to complete rehab

steps Must provide written consent

Driving Rules(Part 392)

No sick or fatigued driving No drugs or alcohol Pre-trip inspection Wear safety belts Safe Loading No passengers HM and passengers; stop for

RR crossings Obey state speed limits

Load Securement

Final Rule: effective December 26, 2002

Carriers must comply by January 1, 2004

Intransit Inspections (392.9)

Driver must inspect cargo securement within 50 miles of beginning trip (previous rule required this check within 25 miles)

Requirement for check every 3 hours or 150 miles is still in effect (also at every change of duty status)

No requirement to check cargo in sealed trailer or container

Which types of vehicles does this apply and general requirements. 393.100

Applicability– Trucks, truck tractors, semitrailers, full trailers and

pole trailers Prevention against loss of load.

– Cargo secured to prevent the cargo from leaking, spilling, blowing or falling from the motor vehicle.

Prevention against shifting of load.– Cargo must be contained, immobilized or secured to

prevent shifting upon or within the vehicle to such an extent that the vehicle’s stability or maneuverability is adversely affected.

General requirements (393.106)

Applies to all cargo except bulk General; all cargo must be immobilized or secured Cargo placed beside each other must be in contact

or be prevented from shifting toward each other Cargo that would roll must have wedges, chocks,

cradles Minimum strength of devices and systems:

aggregate working load limit must be at least ½ times the weight of the article or group of articles

Working Load Limit (WLL) (393.108)

WLL is the lowest WLL of any component or anchor point

Use WLL that is marked by manufacturer

If no manufacturer marking, then use the tables in Part 393.108

Minimum # of Tiedowns (393.110)

If article is not blocked or positioned to prevent movement by headerboard, bulkhead or cargo:– 1 tiedown if 5 ft. long or less, 1100 lb. or less

– 2 tiedowns if over 5 ft long or over 1100 lb.

– 2 tiedowns if over 10 ft. long; then 1 additional for every 10 ft.

If article is not blocked or positioned:– 1 extra tiedown every 10 ft. or fraction thereof

Commodity specific (393.116 to 393.136)

.116 logs .118 dressed lumber

& building products .120 metal coils .122 paper rolls .124 concrete pipe .126 intermodal

containers

.128 automobiles, light trucks and vans

.130 heavy vehicles, equipment and machinery

.132 flattened or crushed vehicles

.134 roll on/roll off .136 large boulders

Part 395, Hours of Service

Part 395.1, Exceptions Part 395.2, Definitions Part 395.3, Hours of service(property) Part 395.5, Hours of service(passenger) Part 395.8 – Record of duty status Interpretations

Hours of Service Regulations

Federal Motor Carrier Safety Regulations, Part 395– Requires a grid log (or a time card) for

commercial vehicle driver– Limits driving hours

Passenger & property carrying drivers have different limits

– Requires specific recordkeeping

OFF DUTY

SLEEPER BERTHDRIVING

ON DUTY; NOT DRIVING

On Duty (definition) 395.2

Waiting for dispatch Inspect, servicing,

conditioning CMV Driving CMV In CMV but not

driving, nor in sleeper

Loading, unloading, in readiness

Drug and alcohol testing

Any other work in service of motor carrier

Compensated time by non-motor carrier

Off Duty (not defined in rule)

Time when driver is free to engage in activity of his/her own choosing

Off Duty Rest Periods (property-carrying drivers) 395.3

Property carrying drivers must take a 10 hour rest break– 10 consecutive hours off duty– 10 consecutive hours in sleeper berth– 10 consecutive hours combining off duty and

sleeper– 8 consecutive hours in sleeper berth plus

another period of 2 consecutive hours, sleeper and/or off duty

Driving Limits (property-carrying drivers) 395.3

May not drive more than 11 hours in any consecutive 14 hour period

May not drive after accumulating – 60 hours in any 7 consecutive days – 70 hours in any 8 consecutive days– May re-start 60 or 70 hour clock with any

period of 34 consecutive hours May begin 34 hour restart even if over 60 or 70

Driving limits & Rest periods (passenger-carrying drivers) 395.5

Must take 8 consecutive hours off duty Cannot drive more than 10 hours

following 8 hours off duty Cannot drive after being on duty 15

hours Cannot drive after 60/7 or 70/8

100 Air-Mile Exemption 395.1(e-1)

Not required to prepare a grid log, if:– Operate within 100 air mile radius– Return and release from duty within 12 hours– Have 10 consecutive hours off duty

8 hours for passenger

Record on a time card:– Start time each day– End time each day– Total on duty time each day

Non-CDL Driver exemption 395.1 (e-2)

May have two 16-hour days each week No log required if within 150 air mile

radius and returns to starting point Must comply with 11 hour rule, and

60/70 hour rule Employer must keep 6 months’ records

– Start time, end time, total hours on duty

“Short Haul” Driver Exemption” 395.1(0)

If driver is released from duty at normal work reporting location for 5 consecutive days, he/she may drive after the 14th consecutive hour of the work period, but no later than the 16th consecutive hour.

This exemption cannot be used if driver has used it within previous 6 consecutive days, unless driver has had 34 consecutive hours off duty.

Adverse conditions (definition)

Snow, sleet, fog, other adverse weather Unusual road and traffic conditions

These are adverse, only if not known at time of dispatch

Adverse conditions 395.1(b)

If driver encounters adverse conditions he/she may drive an extra 2 hours to reach safe place or home.

– Cannot exceed 13 hours driving– Cannot drive after 14th consecutive hour

Agricultural exemption 395.1(k)

Part 395 does not apply to agricultural commodities and farm supplies, if:– Within 100 air mile radius of source or

distribution point– Transportation is conducted during the

planting and harvesting season of the state

Other exceptions

24 hour restart allowed for:– Ground water well drilling 395.1(l)– Construction materials and equipment

(within 50 mile radius) 395.1(m)– Utility service vehicles 395.1(n)

Record of duty status 395.8

Must be on 24 hour grid Prepared in duplicate Current within last change of duty status Submitted within 13 days Prepared in accordance with 395.8(d)

DRIVER’S DUTY STATUS RECORD

_____________________ (MONTH) (DAY) (YEAR)__________________________________________________ __________________________________________________ (TOTAL MILES DRIVING TODAY) (TRUCK/TRACTOR AND TRAILER NUMBER)__________________________________________________ __________________________________________________ (NAME OF CARRIER OR CARRIERS) (DRIVER’S SIGNATURE IN FULL)__________________________________________________ __________________________________________________ (MAIN OFFICE ADDRESS) (NAME OF CO-DRIVER) MID- TOTAL

NIGHT 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 HOURS

1: OFF DUTY2: SLEEPER BERTH3: DRIVING4: ON DUTY

REMARKS

SHIPPING DOCUMENTS:________________________BL or Manifest No.______________________________Shipper & Commodity

2/10/99

Date;



NIGHT 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 HOURS


REMARKS


2/10/99498

Date; Total miles driving today;



NIGHT 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 HOURS


REMARKS


2/10/99498 P101 T235

Date; Total miles driving today; Truck or tractor and trailer number;



NIGHT 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 HOURS


REMARKS


2/10/99498 P101 T235

Albert’s Trucking Inc.

Date; Total miles driving today; Truck or tractor and trailer number; Name of carrier;



NIGHT 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 HOURS


REMARKS


2/10/99498 P101 T235

Albert’s Trucking Inc. Joe G.Driver

Date; Total miles driving today; Truck or tractor and trailer number; Name of carrier; Driver’s signature/certification;



NIGHT 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 HOURS


REMARKS


2/10/99498 P101 T235


Date; Total miles driving today; Truck or tractor and trailer number; Name of carrier; Driver’s signature/certification; 24-hour period starting time;

MID-NIGHT



NIGHT 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 HOURS


REMARKS


2/10/99498 P101 T235



MID-NIGHT

23 RIVERVIEW, Concord, NH

Main office address;



NIGHT 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 HOURS


REMARKS


2/10/99498 P101 T235



MID-NIGHT



Remarks;

----------------------

---------

---

---

-------------------

--------

Con

cord

, NH

New

Haven

, CT

Philad

elphia, P

A

Wash

ington

, DC



NIGHT 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 HOURS


REMARKS


2/10/99498 P101 T235



MID-NIGHT



Remarks;

----------------------

---------

---

---

-------------------

--------

Con

cord

, NH

New

Haven

, CT

Philad

elphia, P

A

Wash

ington

, DC

Name of co-driver

---



NIGHT 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 HOURS


REMARKS


2/10/99498 P101 T235



MID-NIGHT



Remarks;

----------------------

---------

---

---

-------------------

--------

Con

cord

, NH

New

Haven

, CT

Philad

elphia, P

A

Wash

ington

, DC

Name of co-driver

---

Total hours (far right edge of grid);

12

09.752.2524



NIGHT 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 HOURS


REMARKS


2/10/99498 P101 T235



MID-NIGHT



Remarks;

----------------------

---------

---

---

-------------------

--------

Con

cord

, NH

New

Haven

, CT

Philad

elphia, P

A

Wash

ington

, DC

Name of co-driver

---

Total hours (far right edge of grid);

12

09.752.2524

Shipping document number(s),

oror name of shipper and commodity.

Fresh Dairy - Ice Cream

Supporting documents

Bills of lading Fuel receipts Motel receipts Roadside inspections Scale crossing

reports

Bridge and highway toll receipts

Weigh tickets Cell phone bills Permits

Falsified Logs

Company and driver liable for civil penalties

May be liable for CRIMINAL penalties if willful

395.8e



NIGHT 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 HOURS


REMARKS


False Logs

8/19/98374 P100 T328

Example Trucking Joe DriverGoodland, KS

------------------------- --------------

--------------

-----------

Oklah

om

a City,

OK

Lebo, K

S

Conco

rdia, M

O

---

0

13.591.524

B/L #A3894, #281369

KANSAS TURNPIKE AUTHORITYRECEIPT

CLASS: 05 AMOUNT $15.00ENTRY PLAZA: 004

EXIT PLAZA: 127DATE: 08/19/98 TIME: 22:53:53

THANK YOU, HAVE A NICE DAY

22:53:53

Motives For Falsification

Family Money Shipper/receiver Carrier Body clock Poor bookkeeping

skills

Indicators of Falsification

Mileage figures always neatly rounded Too many miles in driving span Exact legal pattern (always 11 hours

driving, always 10 off)

OTHER METHODS USED TO FALSIFY

Dropped trip

Ghost driver

Failing to record “on-duty” time

Driving during “off-duty” or “sleeper berth” time

Procedure for audit

File systematically (by driver, by date) Three audit processes:

– Form and manner– Hours of service– Falsification

INS

PE

CT

ION

, RE

PA

IR, &

M

AIN

TE

NA

NC

E39

6.3

Systematic maintenance

For vehicles controlled 30 consecutive days or more

Required records – Vehicle identification Schedule for inspections Maintenance records (Buses) - Record of 90 day tests for

emergency equipment

Retain records for 1 year and 6 months after sale

FH

WA

RO

AD

SID

E

INS

PE

CT

ION

S 3

96.9

Out of Service Vehicles– DO NOT MOVE until repaired– Document repairs– Penalties for drivers who violate

Inspection Report Form– Submitted by driver within 24 hours– Any noted defects must be corrected– Carrier signs and returns report to

state within 15 days. Copy retained for 12 months

DV

IR(P

OS

T T

RIP

) 3

96.1

1 Written report required Completed at end of work day Report required for each vehicle driver

operates If defects noted, carrier certifies repairs made

or not necessary Reports retained - 90 days

Note: 396.13 (Pre-Trip)

PE

RIO

DIC

IN

SP

EC

TIO

N 3

96.1

7 Each CMV inspected at least every 12

months Components inspected per Appendix G Proof of inspection required on vehicle Components failing inspection repaired

promptly Must use a qualified inspector Retain inspection report for 14 months

THANK YOU!

ARIZONA TRUCKING ASSOCIATION

John Backowski

[email protected]

602-850-6002

Documents

Presents: Compliance with the Federal Motor Carrier Safety Regulations March 11, 2008