DOT Regulation and Compliance

Transcription

1 DOT Regulation and Compliance By: Wally White U.S. Xpress, Inc. (retired)

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13 DOT Regulation and Compliance

14 DOT Requirements DOT Recordable Accident Description FMCSR Part Substance abuse FMCSR Part 382 Hours of Service FMCSR Part 395 Vehicle and Driver inspections FMCSR Part 396 Driver qualification FMCSR Part 391 Health requirements FMCSR Part 391

15 DOT Recordable Accidents Measure a Motor Carrier s Safety performance-fmcsr Part 385 Reported to DOT by investigating authority. Motor carrier must maintain a register for a period of three years for all accidents-fmcsr Part Accident definition criteria-fmcsr Part Vehicle towed from scene Injury requiring transport from scene Fatality A copy of the motor carrier s profile can be viewed at

16 Substance Abuse-Drug and Alcohol Testing-FMCSR Part 382 Pre-employment Random Reasonable Suspicion DOT Recordable-Post Accident Driver must be cited Any accident involving a fatality-regardless of fault

17 Hours of Service Basic Rules New rule changes July 1, 2013 New rules affect mandatory rest breaks and changes to 34 Hour Restart A GVW or combined weight rating of 10,001 pounds or more Designed to carry 16 passengers or more, including the driver Vehicles transporting hazardous cargo Vehicles traveling outside a 100 mile radius

18 24 hour period starting time, selected by the carrier for the driver s home terminal Date Total daily driven miles Tractor and trailer number Shipping document number Name of shipper and commodity Name of Carrier Carrier s main office address Name of co-driver (if any) Driver s signature Total hours Four sections (On duty-not driving; On duty-driving; sleeper berth; off duty) Log Contents

19 Hours of Service Basic Rules 60 Hour/7 day and 70 hour/8 day limit A driver cannot drive after having been on duty for 60 hours in any 7 consecutive days A driver cannot drive after having been on duty for 70 hours in any 8 consecutive days A driver may do non-driving work after reaching the limit, but the hours must be added to the total

20 Hours of Service Basic Rules The 11 hour driving rule All time behind the wheel is driving time Must have 10 consecutive hours of rest after 11 hours driving time A driver may utilize the Sleeper Berth option whereby the driver must take 8 consecutive hours in the sleeper berth, plus 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two. The 14 hour working rule May not drive after the 14 th consecutive hour after coming on duty Must have 10 consecutive hours of rest Off duty time does not extend the 14 hour day Can be extended using the sleeper birth

21 34 hour restart Hours of Service Basic Rules A driver must record 34 or more consecutive hours of off duty time that includes two periods from 1:00am to 5:00am to restart the calculation of 70 hours in 8 consecutive days. The 34 hour restart rule can only be used once every 168 hours/

22 Hours of Service Basic Rules 30 Minute Break Rule When a driver works 8 consecutive hours within the 14 hour working period, the driver must stop and take a 30 minute period of Off Duty.

23 Vehicle Inspections-FMCSR Part 393 Driver must complete a thorough daily pre-trip inspection. Defects must be flagged on the log Post trip inspection report must be completed by the driver at the end of the day.

24 Pre-trip Inspection Requirements FMCSR Be satisfied that the vehicle is in safe operating condition Review the last vehicle inspection report Sign the report (only if defects or deficiencies were noted)

25 Pre-Trip Inspection Requirements Part Under , the driver must ensure following parts and accessories are in good working order: Service brakes (including trailer brake connections) Parking brake Steering mechanism Lighting devices and reflectors Tires Horn Windshield wipers Rear vision mirror Coupling devices

26 Post-trip inspections Part A post-trip inspection report must be completed at the end of a driver s day of work on a commercial motor vehicle The report must cover the following: Service brakes (including trailer brake connections Parking Brake Steering mechanism Lighting devices and reflectors Tires, wheels and rims Horn Windshield wipers Rear vision mirrors Coupling devices Emergency equipment

27 CSA Behavioral Analysis and Safety Improvement Catagories (BASICs) Unsafe Driving Fatigued Driving Driver Fitness Controlled Substance Hazardous Materials Crash Indicator

28 CSA All violations are assigned points Scores weighted by time and severity Scores follow drivers 36 months Scores follow motor carrier for 24 months Carriers with deficient scores are subject to intervention

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30 What are the intervention thresholds for each BASIC? The intervention threshold percentiles for motor carriers are organized by BASIC and are set based on the BASIC's relationship to crash risk. The intervention thresholds are as follows: Intervention Thresholds by Motor Carrier Type BASIC General Hazardous Materials (HM) Carrier Passenger Carrier Unsafe Driving 65% 60% 50% Fatigued Driving (Hours-of-Service) 65% 60% 50% Driver Fitness 80% 75% 65% Controlled Substances and Alcohol 80% 75% 65% Vehicle Maintenance 80% 75% 65% Cargo-Related 80% 75% 65% Crash Indicator 65% 60% 50%

31 Driver Qualifications Covered in FMCSR Part 391 Subpart A-General Description Subpart B-Qualification and Disqualification of Drivers Subpart C-Background and Character Subpart D-Tests Subpart E-Physical Qualification and Education Subpart F-Files and Records Subpart G-Limited Exemptions

32 DOT Minimum Driver Qualifications Must be at least 21 years old Must be able to read and speak the English language to understand traffic signs, signals, official inquiries, etc By reason of experience, training, or both, safely operate the type of vehicle he/she drives. Familiar with the methods and procedures for securing cargo on the vehicle he/she operates. Is physically qualified to drive the vehicle he/she operates. Has a currently valid commercial motor vehicle license only from one state. Is not disqualified to drive a commercial motor vehicle. Successfully complete a road test or satisfy the company that the driver is able to operate a Commercial Motor Vehicle. Must complete an application for employment.

33 DOT Qualification Requirements for the Motor Carrier Applicant must complete a form provided by the Motor Carrier. Application must be completed by company drivers and owner/operators. Application must include Name and address of motor carrier applying to. Applicant s name, address, DOB, and Social Security #. Addresses where the applicant has resided for last 3 years. Date application submitted. Issuing state, license number, and expiration date of each unexpired commercial motor vehicle license issued to the applicant.

34 Motor Carrier Requirements (Continued)... Nature and extent of applicant s experience. List of motor vehicle accidents in which the applicant was involved for the previous 3 years. List of motor vehicle violations for which the applicant was convicted for the previous 3 years. Names and addresses of the applicants employers/motor carriers for the previous 3 years. Names and addresses of the applicants employers for which he/she operated a commercial motor vehicle for the previous 7 years.

35 Motor Carrier Requirements (Continued)... In addition to the items listed in the application, the Qualification File must include Medical examiner certificate. Record of annual motor vehicle review (MVR). Certificate of driver s road test. Copy of driver s commercial motor vehicle license. Copy of driver s social security card.

36 What does it take for an experienced driver to go from applicant to the driver s seat? (Typical Scenario) Prospective driver applies Prospect is assigned to a recruiter Prospect is screened Background check MVR Further scrutiny Prospect is brought to orientation Prospect must pass a physical Prospect goes through company orientation Prospect goes through safety training Prospect submits to, and is required to pass a preemployment drug screen Prospect is given a road test Prospect is assigned a tractor

37 Pre-Employment Screening Program (PSP) NOT part of the CSA program Voluntary Program Utilizes same data sources Allows carriers to see 3 years roadside activity/5 years crash for drivers PRIOR to hiring Must have driver sign a specific waiver Pre-enrollment began 3/10