DOT/FMCSA Compliance Update. Brian Hammer Senior Transporta0on Consultant Na0onwide Insurance

Transcription

1 DOT/FMCSA Compliance Update Brian Hammer Senior Transporta0on Consultant Na0onwide Insurance

2 Disclaimer The informa0on included in this presenta0on and accompanying materials was obtained from sources believed to be reliable, Na0onwide Mutual Insurance Company and its employees make no guarantee of results and assume no liability in connec0on with any training, materials, sugges0ons or informa0on provided. It is the user s responsibility to confirm compliance with any applicable local, state or federal regula0ons. Informa0on obtained from or via Na0onwide Mutual Insurance Company should not be used as the basis for legal advice or other advice, but should be confirmed with alterna0ve sources.

3 Brian Hammer, CDS Fleet Consultant cell bhammer@na0onwide.com

4 Topics Hours of service 34 hour restart ELD Drug and alcohol tes0ng Random tes0ng percentage Hair tes0ng Opiod tes0ng proposed rule Drug and Alcohol Clearinghouse New Entry level driver training Unified Registra0on System (URS) Sanitary Transporta0on of Human and Animal Food

5 What is a Commercial Motor Vehicle? Do not confuse a Commercial Drivers License with a Commercial Motor Vehicle. In interstate commerce, they are based mainly on weight, but could also be on number of passengers or hazardous materials.

6 *Gross vehicle weight ra1ng (GVWR) means the value specified by the manufacturer as the loaded weight of a single motor vehicle. **Gross combina1on weight ra1ng (GCWR) means the value specified by the manufacturer as the loaded weight of a combina0on (ar0culated) motor vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon.

7 CMV Defini?on for CDL Commercial motor vehicle (CMV) means a motor vehicle or combina0on of motor vehicles used in commerce to transport passengers or property if the motor vehicle- (a) Has a gross combina0on weight ra0ng of 26,001 pounds or more inclusive of a towed unit(s) with a gross vehicle weight ra0ng of more than 4,536 kilograms (10,000 pounds); or (b) Has a gross vehicle weight ra0ng of 26,001 pounds or more; or (c) Is designed to transport 16 or more passengers, including the driver; or (d) Is of any size and is used in the transporta0on of hazardous materials as defined in this sec0on (383 Placardable)

8 CMV Defini?on for non- CDL Commercial motor vehicle means any self- propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle (a) Has a gross vehicle weight ra0ng or gross combina0on weight ra0ng, or gross vehicle weight or gross combina0on weight, of 10,001 pounds or more, whichever is greater; or (b) Is designed or used to transport more than 8 passengers (including the driver) for compensa0on; or (c) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensa0on; or (d) Is of any size and is used in the transporta0on of hazardous materials as defined in this sec0on

9

10 Bob s Campers USDOT 77387

11 Hours of Service Rule driving rule 14 hour workday rule 60 hours in 7 days or 70 hours in 8 day work week rule

12 Excep?ons for logging rule 100 air mile 12 hour rule 150 air mile 16 hour rule, once per week

13 Exemp?ons for hours of service Emergency declara0ons Agricultural Retail store deliveries between 12/10 and 12/25 within 100 miles Driver salesperson (if no more than 40 hours in 7 days

14

15 Interstate Ag Exemp?on (k)(1) Is limited to an area within a 150 (changed under MAP- 21) air- mile radius from the source of the commodi0es or the distribu0on point for the farm supplies, and (k)(2) Is conducted (except in the case of livestock feed transporters) during the plan0ng and harves0ng seasons within such State, as determined by the State.

16 Short Haul Provision 100 air- mile Must report back to their normal star0ng loca0on Employers must keep adequate 0me records, such as a 0me clock that can show when the work day started and ended. Employers must keep this record for 6 months Operate within 100 air mile zone 12 hour days- 10 hours to reset 12 hour days- 8 hours to reset if passenger hauling

17 Short Haul 100 air- mile log excep?on 115 statutory miles

18 Short Haul Provision 150 air- mile for non- cdl Must report back to their normal star0ng loca0on ager 10 hours off Employers must keep adequate 0me records, such as a 0me clock that can show when the work day started and ended. Employers must keep this record for 6 months Operate within 150 air mile zone May not drive ager the 14 th hour ager coming on duty 5 days a week or ager the 16 th hour ager coming on duty 2 days a week. Cannot exceed weekly hours (60 or 70)

19 172 Statutory Miles 150 air- mile log excep?on

20 Old/New Restart Provision As of March 2017, the controversy over the restart is somewhat seiled. Must have 34 hours consecu0ve off Can then reset weekly hours to zero Can be used more than once in a week

21 ELD Rule Takes Effect on December 16 th, 2017 Those that already have an EOBR have un0l December 2019 to make sogware changes Does not apply to those that use short haul exemp0on and log 8 days or less in a 30 day period Model year 2000 or newer must have ELD (do not use manufacture date) Towaway opera0ons exempted

22 Electronic Logging Devices rule applies to all commercial motor vehicles, even those that do not require a CDL to drive While a ELD might be installed in a truck, it actually belongs to a driver when they are signed in under their ID number

23 The pictures are just to give you an example of the variety of hardware for ELD s. Na0onwide is not endorsing and does not have a rela0onship with these companies or other electronic logging system vendors.

24 ELD Must have equipment that has been certified by FMCSA It is carrier that is required to make sure it complies as the certification is a selfcertification Can be portable or fixed. Technically not assigned to a vehicle but to a driver via log in information

25 ELD in truck requirements Must have user manual on board for driver Instruction sheet to transfer date to LE Instruction sheet on how to handle malfunctions Supply of paper logs for any malfunctions

26 ELD Suppor?ng documents 8 supporting documents for every 24- hour period that the driver is on duty If you maintain more than 8, then you are required to maintain the 1 st and last one. Logs must be submitted within 13 days

27 Drugs and Alcohol News Drug and Alcohol Clearinghouse Lower random drug screens from 50% to 25% of driver pool Require standards for hair tes0ng to be published New opioids tes0ng

28 Drug and Alcohol Clearinghouse Occurring in future. Giving you advance no0ce. Effec0ve date: January 6 th, 2020 Includes only CDL drivers. If you employ non- CDL CMV drivers, you are s0ll required to do background check as required under Part 391 Tight 0meline to report viola0ons- by end of 3 rd business day

29 Ac?ons Employers will be required to query the Clearinghouse for current and prospec0ve employees' drug and alcohol viola0ons before permiqng those employees to operate a commercial motor vehicle (CMV) on public roads. Employers will be required to annually query the Clearinghouse for each driver they currently employ. State Driver Licensing Agencies will be required to query the Clearinghouse whenever a CDL is issued, renewed, transferred, or upgraded.

30 What must you report? An alcohol confirma0on test result with an alcohol concentra0on of 0.04 or greater; A nega0ve return- to- duty test result; The driver s refusal to submit to a DOT test for drug or alcohol use; An Actual knowledge viola0on, as defined in ; A report that the driver successfully completed all follow- up tests as ordered by the Substance Abuse Professional

31 Types of Queries Limited Allows an employer to query system to see if records are available Need general consent, can be mul0- year If there is indicated record, then they would proceed to a full inquiry Full Requires a driver to consent to specific person at specific 0me Must be done within 24 hours

32 Entry Level Driver Training Requires approved training that includes: Classroom (theory) BTW (range and public roadway) Effec0ve Date is February 7, 2020 Applies to Class A and Class B Upgrades from B to A Endorsements: Haz Mat, Passenger and School Bus

33 Unified Registra?on System

34 What is UCR? Unified Carrier Registra0on Annual requirement Is considered a fee based on number of vehicles operated in interstate commerce. Required for all interstate, may be required for intrastate, check locally.

35

36

37

38 What is a Process Agent? A process agent is a representa0ve upon whom court papers may be served in any proceeding brought against a motor carrier, broker, or freight forwarder. When all Unified RegistraLon System (URS) provisions are implemented, every motor carrier (of property or passengers) shall make a designalon for each State in which it is authorized to operate and for each State traversed during such operalons. Before that 0me, only for- hire carriers are required to designate a process agent. Brokers are required to list process agents in each state in which they have an office and in which they write contracts. FMCSA Regula0on 49 CFR Part 366 details more about the Designa0on of Process Agents by Motor Carriers and Brokers. On January 17, 2017, FMCSA published a Federal Register no0ce with more details on the suspension of the URS effec0veness date.

39 Background Proposed Rule published on 2/5/2014 Final Rule published on 4/6/2016 Compliance dates are: 4/6/2018 Small Business: Businesses employing fewer than 500 FTE employees, except carriers by motor vehicle that are not also shippers and/or receivers Motor vehicle carriers that are not listed above, having less than $27.5 million in annual receipts 4/6/2017 Other Businesses: not small and not otherwise excluded

40 Who is covered by the regula?on? Shippers Receivers Loaders Carriers Who transport food (animal and human) in the US by motor or rail vehicle, whether or not the food is offered or enters interstate commerce.

41 Who is Exempt from the Rule? Ask me for comprehensive list Transporta0on of food that is completely enclosed by a container except food that requires temperature control for safety.

42 Key Requirements- Shippers The shipper has the primary responsibility to determine proper shipping requirements of the food that is shipped. They set the requirements but can transfer the performance to the carrier by contract.

43 Key Requirements- Shippers A shipper must develop and implement wriien procedures, which will be subject to the records requirement, adequate to ensure: Vehicles and equipment are in appropriate sanitary condi0on A previous cargo does not make food transported in bulk unsafe Food requiring temp control for safety is transported as required.

44 Carrier Requirements Develop and implement wriien procedures that are subject to records requirement Develop training and train drivers on requirements Procedures to cover: Cleaning, sani0zing and inspec0ng vehicles Describe how it will comply with temperature control Describe how it will comply with bulk vehicles requirements: Cleaning and previous cargo