INTERSTATE OPERATIONS (Crossing any state line) A Commercial Motor Vehicle (CMV) is any vehicle that is used as part of a business involved in interstate commerce and: 1) Weighs in excess of 10,000 pounds, 2) Has a GVWR (gross vehicle weight rating) or GCWR (gross combination weight rating) in excess of 10,000 pounds, 3) Is designed or used to transport 16 or more passengers (includes driver) not for compensation, 4) Is designed or used to transport 9 or more passengers (includes driver) for compensation. 5) Transports hazardous materials in a quantity that requires placards. INTRASTATE OPERATIONS - OKLAHOMA (Not crossing any state line) A Commercial Motor Vehicle (CMV) is any vehicle that is used as part of a business involved in intrastate commerce solely in Oklahoma and: 1) Has a GVWR (gross vehicle weight rating) or GVW (gross vehicle weight) in excess of 26,000 pounds, whichever is greater, 2) Has a GCWR (gross combination weight rating) or GCW (gross combination weight) in excess of 26,000 pounds, inclusive of a towed unit with a GVWR or GVW in excess of 10,000 pounds, whichever is greater, 3) Is designed or used to transport 16 or more passengers (includes driver) not for compensation, 4) Transports hazardous materials in a quantity that requires placards. SIMPLE EXPLANATION 1) A driver that operates a vehicle under 26,001 lbs intrastate in Oklahoma is not regulated by the state or federal DOT. 2) A driver that operates a vehicle over 10,000 lbs interstate is regulated by the FMCSA. 3) A driver that operates a vehicle over 10,000 lbs but under 26,001 lbs is regulated by the same rules as a driver that operates a vehicle in excess of 26,000 lbs with the following exceptions: a) They are not required to have a commercial driver s license (CDL), b) They do not have to participate in a DOT drug and alcohol program. Page 1 of 14 Revised 10/4/2017
DO YOU NEED A COMMERCIAL DRIVER S LICENSE (CDL) COMMERCIAL DRIVER S LICENSE CLASSIFICATIONS 1) CLASS A is required to operate any combination of vehicles in excess of 26,000 lbs, to include a trailer in excess of 10,000 lbs. 2) CLASS B is required for a single vehicle in excess of 26,000 lbs, can include a trailer less than 10,000 lbs. 3) CLASS C - is required for any motor vehicle that does not meet Class A or B classification but transports 16 or more passengers or hazardous materials. Page 2 of 14 Revised 10/4/2017
GENERAL QUALIFICATIONS OF DRIVERS 391.11 A person shall not drive and a motor carrier shall not permit a person to drive a commercial motor vehicle (CMV) unless that person is qualified to drive a CMV. 1) A person is qualified to drive a CMV if they: a) Are at least 21 years old, b) Can read and speak the English language sufficiently to: i) converse with the general public, ii) understand highway traffic signs and signals in the English language, iii) respond to official inquiries, and iv) make entries on reports and records, c) Can, by reason of experience, training, or both, safely operate the type of CMV they drive, d) Are physically qualified to drive a CMV in accordance with subpart E (Physical Qualifications and Examinations of this part, e) Have a currently valid commercial motor vehicle operator license that is issued only by one State, f) Have prepared and furnished the motor carrier that employs them with the list of violations or certificate as required by 391.27, g) Are not disqualified to drive a CMV under the rules of 391.15, and h) Have successfully completed a driver s road test and has been issued a certificate of driver s road test in accordance with 391.31, or has presented an operator s license or certificate of road test which the motor carrier that employs them has accepted as equivalent to a road test in accordance with 391.33. CARGO RESPONSIBILITIES 391.13 1) A motor carrier shall not permit a person to drive a CMV unless the person: a) Can, by reason of experience, training, or both, determine whether the cargo they transport has been properly located, distributed and secured in or on the CMV they will be driving, b) Is familiar with methods and procedures for securing cargo in or on the CMV they will be driving. Page 3 of 14 Revised 10/4/2017
DRIVER QUALIFICATION FILE REQUIREMENTS 391.23 1) General requirements for driver qualification files 391.51 a) The motor carrier shall maintain a driver qualification file for each driver it employs and the DQ File must include: i) The driver s application for employment completed in accordance with 391.21, ii) A copy of the motor vehicle record received from each State record pursuant to 391.21(a)(1), iii) The certificate of driver s road test issued to the driver pursuant to 391.31(e), or a copy of the license or certificate which the motor carrier accepted as equivalent to the driver s road test pursuant to 391.33, iv) The motor vehicle record received from each State driver licensing agency to the annual driver record inquiry required by 391.25(a), v) A note relating to the annual review of the driver s driving record as required by 391.25 (2), vi) A list or certificate relating to violations of motor vehicle laws and ordinances required by 391.27, vii) The medical examiner s certificate as required by 391.43(g) or a legible copy of the certificate. HOURS OF SERVICE (HOS) RULES FOR DRIVERS 395 The following is a summary of the HOS Rules for Property-Carrying Driver Rules. 1) 10 HOURS OFF-DUTY a) Must have 10 consecutive, or uninterrupted, hours off-duty before starting a shift. 2) 14-HOUR DUTY PERIOD a) A driver cannot drive a CMV after being on-duty for 14 consecutive hours. b) A driver CAN work after the 14 Hour Maximum, but they CANNOT operate a CMV. i) These on-duty hours count towards the 60 or 70 hours on duty in 7 or 8 days. 3) 11 HOURS DRIVING a) A driver can only perform driving duties for 11 hours within the 14-Hour Duty Period. 4) 30 MINUTE BREAK a) A driver must take a 30 minute break at some point during the 14-Hour Duty Period. The driver may NOT drive a CMV if it has been 8 or more hours since their last off-duty period of at least 30 minutes. 5) 60 HOURS / 7-DAY ON-DUTY LIMIT (For businesses that DO NOT operate 7 days per week) Page 4 of 14 Revised 10/4/2017
a) When the driver reaches a total of 60 on-duty hours in 7 consecutive days, they must take a 34 hour break before starting a new shift. 6) 70 HOURS / 8-DAY ON-DUTY LIMIT (For businesses that DO operate 7 days per week) a) When the driver reaches a total of 70 on-duty hours in 8 consecutive days, they must take a 34 hour break before starting a new shift. LIMITED EXCEPTIONS TO HOURS OF SERVICE (HOS) RULES FOR DRIVERS 395.1 1) Driving conditions a) Property carrying drivers may drive up to 2 extra hours in adverse driving conditions but they CANNOT exceed the 14-hour duty period. 2) Emergency Conditions a) In the case of any emergency, a driver may complete their run without being in violation of the regulations if such run reasonable could have been completed absent the emergency. 3) Oil-field operations a) Drivers operating exclusively in the transportation of oilfield equipment or the servicing of oil and gas field operations have a 24-hour restart provision instead of the normal 34- hour restart provision. Any period of 8 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours. 4) Short-haul operations for Property-Carrying CMV drivers (100-air mile radius) 395.1(e)(1) a) Driver s that operate within a 100-air mile radius of their worksite are exempt from recording their daily driver s record of duty status (RODS). i) They cannot work more than 12 consecutive hours per shift. ii) They must have 10 consecutive hours off duty separating each 12 hour shift. iii) They cannot drive for more than 11 total hours per 12 hours shift. iv) The company has to retain records for six (6) months of: (1) Their start time, (2) End time, (3) Total time for the shift, and (4) Total time for the preceding 7 days for drivers used for the first time or intermittently. 395.8(j)(2) 5) Short-haul operations for NON-CDL drivers driving a NON-CDL CMV (150-air mile radius). (This applies to CMV s between 10,001 and 26,000 pounds) 395.1(e)(2) Page 5 of 14 Revised 10/4/2017
a) Driver s that operate within a 150-air mile radius of their worksite are exempt from recording their daily driver s record of duty status (RODS). i) These drivers will operate under the normal HOS time limits. ii) The company has to retain records for six (6) months of: (1) Their start time, (2) End time, (3) Total time for the shift, and (4) Total time for the preceding 7 days for drivers used for the first time or intermittently. 395.8(j)(2) b) Claiming this exemption makes the exemption listed in 4) above ineligible, a driver can t use both. 6) Construction material and equipment 395.1(m) a) A driver used primarily for the transportation of construction materials and equipment can restart their time with any off-duty period of 24 or more consecutive hours. DRIVER S RECORD OF DUTY STATUS (RODS) 395.8 A motor carrier must require each driver used by the motor carrier to record the driver s record of duty status for each 24-hour period using the method prescribed by the FMCSA. 1) The RODS must be recorded in duplicate for each 24-hour period and the driver must submit the RODS to the motor carrier within 13 days of the date of completion. 2) The 24 hour grid must include the following status types: a) Off Duty b) Sleeper Berth c) Driving d) On-Duty Not Driving i) Each change of duty status must include the name of the city, town or village, with State abbreviation. e) Noon and Midnight must appear above the appropriate one-hour increment. 3) In addition to the grid, the form must include: a) Date, b) Total miles driven for the period, c) Truck and trailer number, d) Name of motor carrier, e) Driver signature, f) 24-hour period starting time (usually midnight), Page 6 of 14 Revised 10/4/2017
g) Main office address, h) Remarks, i) Name of co-driver, j) Total hours for each status type, k) Shipping document number(s) or name of shipper and commodity, 4) If you fill in the following before the end of the shift you can receive a citation for falsifying the document so complete these parts at the very end of the shift. a) Total miles driven, b) Total hours c) Driver s signature ELECTRONIC LOGGING DEVICES (ELDs) 1) Businesses currently using paper logs will have to switch to an ELD by December 18, 2017. a) A motor carrier may require a driver to record the driver s duty status manually rather than require the use of an ELD if the driver operates a CMV no more than 8 days within any 30-day period. 2) Paper logs will be required in the event of an ELD failure until such time as the ELD is repaired. RETENTION OF RECORDS 395 1) The driver shall retain a copy of each RODS for the previous seven (7) consecutive days which must be in their possession and available for inspection while on duty. 2) RODS (driver s record of duty status) and supporting documents shall be retained for not less than six (6) months from the date of receipt. SUPPORTING DOCUMENTS ( 395.11) 1) Beginning December 18, 2017 all supporting documents must be retained for not less than six (6) months that were generated or received in the normal course of business in the following categories for each of its drivers for every 24-hour period to verify on-duty not driving time in accordance with 395.8(k): a) Each bill of lading, itinerary, schedule, or equivalent document that indicates the origin and destination of each trip, b) Each dispatch record, trip record, or equivalent document, Page 7 of 14 Revised 10/4/2017
c) Each expense receipt related to any on-duty not driving time, d) Each electronic mobile communication record, reflecting communications transmitted through a fleet management system, and e) Each payroll record, settlement sheet, or equivalent document that indicates payment to a driver. 2) All supporting documents must include the following data: a) The driver s name or personal identification number (PIN). i) Or a vehicle number if that vehicle number can be associated with the driver operating the vehicle. b) The date, must be the date at the location where the date is recorded. c) The location, must include the name of the nearest city, town, or village that will show up on standard map or road atlas. d) The time, must be local time at the location where recorded. 3) There are rules pertaining to the maximum number of supporting documents that the motor carrier must retain, prohibition of destruction, linking the supporting documents to the driver s RODS in this section also. ACCIDENT REGISTER 390.15 1) Motor carriers must maintain an accident register for three (3) years after the date of any accident that resulted in: a) A fatality, b) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident, c) One or more motor vehicles damaged to the extent that it has to be towed away from the accident scene. 2) The accident register must include: a) A list of all accidents, b) Date of the accident, c) City or town and state where the accident occurred, d) Driver name, e) Number of injuries, f) Number of fatalities, g) Whether hazardous materials were released (other than fuel spilled from the fuel tanks of the motor vehicles involved in the accident), h) Copies of all accident reports required by state or governmental entities or insurers, Page 8 of 14 Revised 10/4/2017
VEHICLE MARKING OF SELF-PROPELLED CMVs 390.21 1) Every self-propelled CMV must be marked with the following: a) The legal name of the motor carrier (as listed on Form MCS-150), b) The ID number issued by the FMCSA preceded by the letters USDOT, 2) The marking must: a) Appear on both sides of the self-propelled CMV, b) Be in letters that contrast sharply in color with the background on which the letters are placed, c) Be readily legible, during daylight hours, from a distance of 50 feet while the CMV is stationary, d) Be kept and maintained in a manner that retains the legibility. (SEE EXAMPLE BELOW) Page 9 of 14 Revised 10/4/2017
EXEMPTIONS FOR PIPELINE WELDING TRUCKS 390.83 1) A pipeline welding truck that is owned by a welder, with a GVW of 15,000 lbs or less, including the individuals operating this vehicle and the employer of such individuals, is exempt from the following: a) Any requirement relating to the registration as a motor carrier, including the requirement to obtain and display a DOT number, b) Any requirement relating to driver qualifications in 391, c) Any requirement relating to the driving of commercial motor vehicles in 392, d) Any requirement relating to parts and accessories and inspection, repair, and maintenance of commercial motor vehicles in 393 and 396, e) And requirement relating to hours of service of drivers, including maximum driving and on duty time, found in 395. LIMITING THE USE OF ELECTRONIC DEVICES 392.71, 392.80 & 392.82 4) No driver shall engage in texting while driving a CMV. 5) No driver shall use a hand-held mobile telephone while driving a CMV. 6) No driver shall use a radar detector in a CMV or operate a CMV that is equipped with or contains any radar detector. Page 10 of 14 Revised 10/4/2017
MAKING SENSE OF THE FMCSA MANUAL Everything before 390 refers to a CMV in excess of 26,000 lbs. Everything from 390 forward refers to a CMV in excess of 10,000 lbs. The simple explanation is that all vehicles that travel interstate and are in excess of 10,000 lbs fall under the same rules as the vehicles in excess of 26,000 lbs except that the driver is not required to have a CDL and is not required to be in a DOT alcohol and drug testing program. Page 11 of 14 Revised 10/4/2017
VEHICLE MAINTENANCE FILE 396.3 1) The individual vehicle file must have a label that includes: a) Unit Number, b) Manufacturer s Make, c) Manufacturer s Model d) VIN e) Manufacturer Year f) Tire Size 2) The records must include inspections, repairs, and maintenance noting the date and nature. 3) These records must be retained where the vehicle is housed or maintained for: a) One (1) year, and b) Six (6) months after the vehicle leaves the motor carrier s control. DRIVER VEHICLE INSPECTION REPORTS (DVIR) 396.11 (POST-TRIP INSPECTION) 1) Every driver shall prepare a written report at the completion of each shift on each vehicle operated that covers the following parts and accessories: a) Service brakes, including trailer brake connections, b) Parking brake, c) Steering mechanism, d) Lighting devices and reflectors, e) Tires, f) Horn, g) Windshield wipers, h) Rear vision mirrors, i) Coupling devices, j) Wheels and rims, k) Emergency equipment 2) The report must identify the vehicle and list any defect(s) or deficiency discovered by the driver and the driver must sign the report. 3) If any defect or deficiency is noted, it must be repaired prior to operating the motor vehicle. 4) The person performing the repair must sign the original inspection report when completed. 5) The driver must certify repairs are complete to their satisfaction and then sign the original inspection before operating the vehicle. Page 12 of 14 Revised 10/4/2017
6) The DVIR, certification of repairs and the certification of the driver s review must be retained for three (3) months from the date the DVIR was prepared. DRIVER PRE-TRIP INSPECTION 396.13 1) Before driving a motor vehicle, the driver shall: a) Be satisfied that the motor vehicle is in safe operating condition, b) Review the last DVIR, and c) Sign the DVIR, only if defects or deficiencies were noted by the previous driver. i) The current driver s signature acknowledges that they have reviewed the DVIR, that there is a certification that repairs have been performed and that the current driver is satisfied that the repairs were completed properly. PERIODIC INSPECTION 396.17 to 396.25 1) Every commercial motor vehicle must be inspected annually and the inspection must include, at a minimum, the parts and accessories listed in appendix G. a) The inspection form must include: i) The date of the inspection, ii) The individual performing the inspection, iii) Name and address of the motor carrier, iv) The vehicle number or VIN, v) The vehicle components inspected, vi) A certification that the vehicle has passed the inspection in accordance with this section. b) The motor carrier can self-inspect provided it has a qualified inspector employed ( 396.19 & 396.25), have the inspection performed at an authorized commercial facility or if there is a mandatory state inspection program utilize that program to satisfy this requirement. c) A copy of the inspection form must be onboard the motor vehicle at all times. d) A copy must be retained where the vehicle is housed or maintained for fourteen (14) months from the date of the inspection. Page 13 of 14 Revised 10/4/2017
EMERGENCY EQUIPMENT 393.95 1) Each commercial motor vehicle must be equipped with the following emergency equipment: a) Fire extinguisher with a rating of 5 B:C or more / 10 B:C or more for hazmat units, b) Spare fuses, at least one spare for each type/size used on the vehicle, c) Warning devices for stopped vehicles, i) Three bidirectional emergency reflective triangles that conform to Safety Standard No. 125, or ii) At least six (6) fusees or three (3) liquid-burning flares (these are not recommended) d) Red flags at least 12 inches square, with standards adequate to maintain the flags in an upright position. CARGO SECUREMENT 1) Prevention against loss of load. a) All cargo on a CMV must be loaded, equipped and secured to prevent the cargo from leaking, spilling, blowing or falling from the CMV. 2) Prevention against shifting of load. a) All cargo must be contained, immobilized or secured to prevent shifting upon or within the CMV to such an extent that the vehicle s stability or maneuverability is adversely affected. Training on cargo securement is a detailed and lengthy course and the need to provide this training will be evaluated after site visit. Page 14 of 14 Revised 10/4/2017