New Entrants Safety Education Seminar for Georgia Motor Carriers CHAPTER 4

New Entrants Safety Education Seminar for Georgia Motor Carriers CHAPTER 4

Chapter 4 GENERAL REQUIREMENTS REVIEW

REFERENCE Part 390 Federal Motor Carrier Safety Regulations http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/390.htm Georgia Department of Public Safety Motor Carrier, Vehicle and Driver Safety Rules http://dps.georgia.gov/00/channel_title/0,2094,5635600_49017965,00.html

PURPOSE This presentation is intended to educate all personnel of motor carrier companies on the FMCSA & Georgia general safety regulations.

APPLICABILITY The Federal Motor Carrier Safety Regulations (FMCSRs) apply to all employers, employees and commercial motor vehicles transporting property or passengers in interstate or intrastate commerce.

EXCEPTIONS TO GENERAL APPLICABILITY Transportation provided by Federal, state and local governments Occasional transportation of personal property by individuals for non-commercial purposes School bus operations Transportation of human corpses or sick and injured people Fire trucks and rescue vehicles while involved in emergency operations

EXCEPTIONS TO GENERAL APPLICABILITY CMVs carrying between 9 and 15 passengers not for direct compensation or not beyond a 75 air-mile radius from the driver s normal work reporting location are subject to the following requirements: 1) Must file Motor Carrier Identification Report 2) Must maintain an accident register 3) Must mark vehicle with the motor carrier identification number

WHAT IS A COMMERCIAL MOTOR VEHICLE (CMV)? Any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property that meets at least one of the following criteria:

WHAT IS A COMMERCIAL MOTOR VEHICLE (CMV)? Has a gross vehicle rating, gross combination weight rating, gross vehicle weight or gross combination weight of 4,536 kg (10,001 lbs.) or more Is designed or used to transport more than 8 passengers for compensation

WHAT IS A COMMERCIAL MOTOR VEHICLE (CMV)? Is designed or used to transport more than 15 passengers without compensation or Is used in transporting hazardous material

MOTOR CARRIER RESPONSIBILITY Whenever a duty is prescribed for a driver or a prohibition is imposed on a driver, it is the duty of the motor carrier to ensure compliance with that duty or prohibition.

MOTOR CARRIER IDENTIFICATION REPORT Each motor carrier that conducts operations in interstate commerce must file a Motor Carrier Identification Report (Form MCS-150) at the following times: Before it begins operations Every 24 months Georgia-based carriers must review and update its report every 12 months

TYPE OF ACCIDENT REQUIRED TO BE REPORTED BY MOTOR CARRIER An occurrence involving a CMV operating on a public road that results in at least one of the following: A fatality Bodily injury to a person Disabling damage to one or more motor vehicles

ACCIDENT REGISTER For one year after an accident, motor carriers are required to maintain an accident register containing: Date and location of accident Driver s name Number of injuries and fatalities Hazardous materials (other than fuel) released Other information as required

ASSISTANCE IN INVESTIGATIONS A motor carrier shall: Make all records and information pertaining to an accident available to an authorized representative of the FMCSA upon request; Give an authorized representative of the FMCSA all reasonable assistance in the investigation of any accident including providing a full, true and correct answer to any question of the inquiry.

VEHICLE IDENTIFICATION Every CMV operated by a motor carrier in interstate commerce or intrastate commerce in Georgia must be marked on BOTH sides with the following: Motor carrier s name or trade name Motor carrier s identification number preceded by US DOT

EMERGENCIES Relief from Parts 390-399 of the FMCSRs may be granted during declared emergencies to any motor carrier who provides emergency assistance. Such decisions will be made either by U.S. DOT or state officials as appropriate.

AIDING AND ABETTING VIOLATIONS No person shall aid, abet, encourage or require a motor carrier or its employees to violate the FMCSA rules. The FMCSA should be notified if such actions are discovered.

VIOLATION AND PENALTY Any person who violates FMCSA regulations may be subject to civil or criminal penalties.

QUALIFICATIONS OF DRIVERS This section is intended to educate commercial motor carriers and their drivers on the FMCSA regulations on driver qualifications. 20

FEDERAL EXEMPTIONS There are certain Federal and State exemptions to these guidelines. For a complete list of Federal exemptions: http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/391.2.htm Georgia exemptions: http://dps.georgia.gov/00/channel_title/0,2094,5635600_49017965,00.html

COMMERCIAL DRIVER REQUIREMENTS Be in good health and physically able to perform all duties of a driver Be at least 21 years of age Be able to drive vehicle safely

COMMERCIAL DRIVER REQUIREMENTS Know how to safely load, block, brace and secure the cargo Have only one valid commercial driver s license Provide an employing motor carrier with a list of all motor vehicle violations (See Part 391.27).

COMMERCIAL DRIVER REQUIREMENTS Pass a driver s road test or equivalent Complete an application for employment Possess a valid medical certificate

COMMERCIAL DRIVER REQUIREMENTS Speak and read English well enough to: Converse with the general public Understand traffic signs and signals Respond to official questions Be able to make legible entries on reports and records

PHYSICAL REQUIREMENTS A person shall not drive a commercial motor vehicle unless he/she is physically qualified to do so. For a complete list of physical requirements, please visit: http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/391.41.htm

DRIVER S RESPONSIBILITIES A driver shall not operate a commercial motor vehicle unless: They can determine whether the cargo being transported has been properly located, distributed and secured. They are familiar with methods and procedures for securing cargo

DISQUALIFICATION A driver who is disqualified shall not drive a commercial motor vehicle A motor carrier shall not require or permit a driver who is disqualified to drive a Commercial Motor Vehicle (CMV)

DISQUALIFICATION A driver can be disqualified if convicted for: Driving a CMV while under the influence of alcohol Driving a CMV while under the influence of drugs or controlled substances Transporting or possessing a drug or controlled substance 29

DISQUALIFICATION Leaving the scene of an accident that involves a CMV Using a CMV to commit a felony Using a CMV to violate an Out-of- Service Order Using a CMV to violate the railroad-highway grade crossing rule

DRIVER QUALIFICATION FILE Every motor carrier must have a file for each regularly employed driver that includes: Driver s application for employment Inquiry to previous employers 3 years Inquiry to state agencies 3 years Inquiry to state agencies - annual

DRIVER QUALIFICATION FILE Annual review of driving record Annual driver s certification of violations Driver s road test certificate or equivalent Medical examiner s certificate

PENALTIES A first offender is disqualified for one year following conviction or forfeiture (6 months for possession of a controlled substance) For a second offense within three years, a driver is disqualified for three years