1 (217) 725-0745 GEORGE WY NESS GEORGEWY NESS@HOTM AI L.COM ( CROSSROADS SAFETY CONSULTING HOW TO SURVIVE A D.O.T AUDIT/COMPLIANCE REVIEW/SAFETY AUDIT What will trigger an audit How to avoid an audit What documents the auditor will review www.safersys.org CSA Basic Scores Data Q challenge WWW.SAFERSYS.ORG What the auditor knows about your company and will use during a D.O.T Audit. To obtain your company USDOT pin code call the USDOT 1-800-832-5660 Pin codes can now be e-mailed immediately to the carrier
2 CSA WHAT S NEW? Size and weight violations are not included on CSA Post crash safety defects on the trucks and trailers are not supposed to counted in the CSA basic scores. Speeding violations 1 to 5 mph are now 1 point on the unsafe driving basic. THE FOLLOWING DOCUMENTS WILL BE REVIEWED DURING A COMPLIANCE REVIEW Accident record keeping Financial responsibility (insurance) Driver files Drug/alcohol program Hours of service Vehicle maintenance and record keeping Hazardous materials (if applicable) SECTION 390.5 DEFINITIONS COMMERCIAL MOTOR VEHICLE Any self-propelled or towed vehicle used on the public highway in commerce to transport passengers or property GVW / GVWR / GCWR of 10,001 or more pounds Designed to carry more than 15 passengers, including the driver Transporting hazardous materials in a quantity requiring placarding
3 SECTION 390.5 DEFINITIONS GROSS VEHICLE WEIGHT RATING (GVWR) value specified by the manufacturer as the loaded weight of a single vehicle SECTION 390.5 DEFINITIONS INTERSTATE COMMERCE Trade, traffic, or transportation in the U.S... which is between a place in a state and a place outside of such state (including a place outside the U.S..) or is between two places in a state through another state or a place outside of the U.S.. SECTION 390.5 DEFINITIONS INTRASTATE COMMERCE Trade, traffic, or transportation in the U.S. which moves exclusively within one state.
4 390.5 DEFINITIONS REGULATIONS-ACCIDENT fatality Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident or; One or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. SECTION 390.15(B)(2) REGULATIONS Motor Carriers shall maintain for at least 1 year. Copies of all accident reports required by state or other governmental entities or insurers. ACCIDENT REGISTER
5 PART 387 REGULATIONS Minimum Levels of Financial Responsibility for Motor Carriers IMCSR's have no requirement regarding minimum levels of insurance. ENDORSEMENT FOR MOTOR CARRIER SCHEDULE OF LIMITS
6 SECTION 391 Driver Qualifications and Driver Files EMPLOYMENT APPLICATION PHYSICAL EXAMINATION
7 MEDICAL REGISTRATION A driver must take his/her medical exam form to the Secretary of States driver service facility and declare what type of driver they are: DECLARE INTERSTATE NON-EXEMPT The driver must go in person for the initial medical registration. Renewals may be mailed, faxed or on line registration. MEDICAL EXAMINER REGISTRATION Effective 5/21/14, all new DOT medicals must be performed by a Doctor registered with the FMCSA. www. nationalregistry.fmcsa.dot.gov PAST EMPLOYMENT CHECK 3 YEARS
8 DRIVERS ROAD TEST EXAMINATION U.S. DEPARTMENT OF TRANSPORTATION MOTOR CARRIER SAFETY PROGRAM INQUIRY TO STATE AGENCY FOR DRIVERS RECORD DRIVER VIOLATION LIST/ANNUAL REVIEW
9 Section 382 Drug and Alcohol regulations. CONTROLLED SUBSTANCE AND ALCOHOL USE TESTING SECTION 383.5 DEFINITIONS COMMERCIAL DRIVERS LICENSE (CDL) Commercial Motor Vehicle 26,001 lbs or more GCWR, if towed unit is more than 10,000 lbs GVWR 26,001 lbs. Or more GVWR Passenger-carrying vehicle of more than 15 - including the driver ANY vehicle carrying hazardous materials requiring the vehicle to be placarded TYPES OF ALCOHOL AND CONTROLLED SUBSTANCES TESTS: Pre-employment (drugs only) Post-accident Random Reasonable Suspicion Return-to-duty Follow-up
PART 395 HOURS OF SERVICE Hours of service regulations Maximum driving times Log books Time cards HOURS OF SERVICE RULES MAXIMUM DRIVING TIMES FOR PROPERTY CARRIERS CMV driver may drive 11 hours after 10 hours offduty. CMV driver may not drive beyond the 14th hour after coming on-duty, following 10 hours off-duty. CMV driver may not drive after 60/70 hours on duty in 7/8 consecutive days. Taking 2 periods must be between 1am and 5am is no longer in effect. HOURS OF SERVICE 30 MIN BREAK The driver must take a 30 minute break within the first 8 hours of on duty time. The time must be logged as off duty or sleeper birth. If a driver is a local driver and exempt from the log, the 30 minute break does not apply. 10
11 SECTION 395.8 REGULATIONS Driver's Record of Duty Status Driver's Log Required RECORD OF DUTY STATUS (LOG BOOKS) SECTION 395.1(E) REGULATIONS Driver s Log: Not required if... Operating within 100 air-mile radius of the normal work reporting location Returns to normal work reporting location and released from work within 12 consecutive hours.
12 SECTION 395.1(E) REGULATIONS Driver s Log: Not Required if... continued At least 10 consecutive hours off duty separate each 12 consecutive hours on duty. The driver does not exceed 11 hours maximum driving time following 8 consecutive hours off duty. 100 AIR-MILE RADIUS TIME RECORD Time on Duty Time Released From Duty Total Hours on Duty Drivers Name and Date SUPPORTING DOCUMENTS FOR LOGS Fuel Receipts Toll Receipts Roadside Inspections Freight Bills Fleet One / Com-data / Wright express. GPS reports as of 1/1/10
13 HOURS OF SERVICE SAMPLE SIZE The auditor is going to review a sample size of your logs/time cards. The sample size is based upon the number of current drivers you have. 1-15 drivers 5 x 30 = 150 16-50 drivers 7 x 30 = 210 51-150 drivers 11 x 30 = 330 151-500 drivers 17 x 30 = 510 CONDITIONAL RATING AND $$$$$ If the auditor finds the following violations at a 10% rate 11 hour rule violations 14 hour rule violations 60/70 hour rule violations Missing logs Missing supporting documents regarding the logs False logs that are off by more than one hour or 50 miles. Not logging the 30 minute break. ELECTRONIC ON BARD RECORDERS EOBR Mandate? March 13, 2014 Proposed rule making? Carriers must be compliant within 2 years of the final rule. October of 2015?
14 SECTION 396.3 (B) REQUIRED RECORDS REGULATIONS Vehicle controlled for 30 consecutive days or more. Motor carrier shall maintain the following records for each vehicle. 1) An identification of the vehicle company number make serial number year tire size SECTION 396.3 REGULATIONS Required Records continued Motor carrier shall maintain the following records for each vehicle. 2) A means to indicate the nature and due date of the various inspection and maintenance operations to be performed. 3) A record of inspection, repairs and maintenance indicating their date and nature. ANNUAL VEHICLE INSPECTION REPORT
15 DRIVER S VEHICLE INSPECTION REPORTS ARE NO LONGER REQUIRED. SUMMARY 1. Accidents 2. Insurance 3. Driver qualification files 4. Drug and Alcohol testing program 5. Drivers Hours of Service 6. Maintenance record keeping CROSSROADS SAFETY MANAGEMENT Thank you for attending. For assistance anytime please call (217) 725-0745 George Wyness Safety Consultant Georgewyness@hotmail.com