DOT COMPLIANCE Title 49 Code of Federal Regulations

DOT COMPLIANCE Title 49 Code of Federal Regulations

Why Should you Listen? § 42, 815 deaths occurred on US highways in 2002 § Commercial vehicle travel is expected to increase by about 20 percent during the next 10 years but the capacity of U. S. highways will expand only slightly

Training Goals § Commercial Vehicles Defined & Classes § Driver Qualification § Qualification Files § Alcohol & Controlled Substance Tests § Marking of CVs § Vehicle Inspections § Emergency Equipment

Federal vs. State Compliance § Interstate Commerce - federal and state requirements § Intrastate Commerce - State and local regulations

Interstate Commerce vs. Intrastate Commerce § Interstate: trade, traffic, or transportation involving the crossing of a state boundary § Intrastate: trade, traffic, or transportation within a single state

What is a Commercial Motor Vehicle (CMV)? § Any vehicle with a gross combination vehicle weight rating of 10, 001 lbs or more; or § Is designed to transport more than 8 passengers, including the driver for compensation; or more than 16 passengers for non-compensation; or § Is of any size and is used in the transportation of hazardous materials requiring placarding

CMV Classes Requiring a CDL § Combination vehicle (Class A) - Any combination of vehicles with a (GCWR) of 26, 001 LBS or more provided the GVWR of the vehicle(s) being towed is in excess of 10, 000 LBS § Heavy Straight Vehicle (Class B) - Any single vehicle with a GVWR of 26, 001 LBS or more, or any such vehicle towing a vehicle not in excess of 10, 000 LBS GVWR § Small Vehicle (Class C) - Any single vehicle, or combination of vehicles, that meets neither the definition of Class A nor that of Class B, but that either is designed to transport 16 or more passengers including the driver, or is used in the transportation of materials found to be hazardous which require the motor vehicle to be placarded

General Qualification of Persons Operating Vehicles Requiring a CDL § § § Is at least 21 years of age Can read and speak English sufficiently Can safely operate the type of CMV to be operated Is physically qualified to operate a CMV Has a valid CDL Has furnished the motor carrier/employer with a list of traffic violations or certificate § Is not disqualified to operate a CMV § Has completed a drivers road test or provided certificate of road test within previous 3 year time period

Driver Qualification File § Drivers application for employment § Inquiry to previous employers – 3 years § Inquiry to state agencies – 3 years § Inquiry to State agencies – Annual § Annual review of driving record § Annual drivers cert. of violations § Drivers road test, cert. or equivalent § Medical examinations § Qualification files shall be retained for as long as a driver is employed and for three years thereafter

Intermittent, Casual, or Occasional Drivers § Not a regularly employed driver (weekly) § Must only obtain name, soc # and type of CDL & issuing state § Retain records for 3 years after the person’s employment

Skills Test Grandfathering Provision § § § Current license Good driving record Previously passed an acceptable skills test; or § Regular employed driver prior to January 1, 1971

Good Driving Record § A driver can certify that, during the 2 -year period immediately prior to applying for a CDL he/she: § No more than one license; § No license suspended, revoked, or canceled for major disqualifying offenses; § No violation of State or local law in connection with any traffic accident, and has no record of an accident in which he/she was at fault

Driving Experience § Regularly employed in a job requiring operation of CMV § Previously taken a behind-the-wheel skills test in a representative vehicle; or § He/she has operated a representative vehicle for at least 2 years immediately preceding application for a CDL

Disqualifying Offenses § Revocation, suspension, or withdrawal of an operator's license § Driving a CMV while under the influence of alcohol or controlled drugs

Disqualifying Offenses Cont… § Transporting or possessing a disqualifying drug or controlled substance § 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

Alcohol & Controlled Substance Tests § Required for an operator of a vehicle requiring a CDL § Pre employment § Post accident § Random § Reasonable suspicion § Return to duty § Follow Up

Pre-Employment Tests § No employer shall allow a driver to perform a safety sensitive function until they have received the negative controlled substance test result § When re-hiring drivers, pre-employment tests must be conducted

Post-Accident Tests § A. S. A. P following an accident involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for alcohol and controlled substances each surviving driver if the following occurred: § Loss of human life § Citation for moving traffic violation was issued § Bodily damage occurred requiring immediate medical treatment § One or more MV incurred damage requiring the use of a tow truck

Random Tests § At a minimum annual percentage rate of 10% of the number of drivers for alcohol testing, and 50% for controlled substances testing § The random alcohol test must be performed immediately prior, during or immediately after a driver is about to, or has performed a safety sensitive function

Reasonable Suspicion § An employer shall require a driver to submit to an alcohol and/or controlled substance test when the employer has reasonable suspicion to believe that the driver has violated the prohibitions concerning alcohol and/or controlled substances § The required observations shall be made by a supervisor or company official who is trained in accordance with 382. 603

Return to Duty Tests § Before a driver returns to duty of a safety sensitive function, the driver shall undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0. 02 and/or the driver shall undergo a return-toduty controlled substances test with a result indicating a verified negative result for controlled substances use

Follow-up Tests § A minimum of six tests must be conducted in the first 12 months, and the driver may be subject to this test for a maximum of 60 months

Location of Alcohol & Drug Test Records • All required records shall be maintained in a secure location with limited access, and shall be made available for inspection by an authorized representative of the Federal Motor Carrier Safety Administration

Marking of Commercial Vehicles § Name of the commercial motor carrier § City and state in which the commercial motor carrier maintains its principle place of business § Motor carrier identification #, preceded by the letters “USDOT”

Marking cont… § Marking must appear on both sides of CV § Must be in letters that contrast sharply in color with the background vehicle color § Must be readily legible from 50 feet § Markings can be painted or may consist of a removable device

Driver Vehicle Inspection Reports • To be completed by the driver at the completion of each day’s work on each vehicle operated • Report must identify the MV and list any defects. If no defects were found, the report must indicate • Maintain for 90 days

Parts to be Inspected § § § Service breaks including trailer brake connections Parking (hand) brake Steering mechanism Lighting devices and reflectors Tires Horn Windshield wipers Rearview mirrors Coupling devices Wheels and rims Emergency equipment.

Inspection Before Driving § Driver must be satisfied that the MV is in safe operating condition § Review the last vehicle inspection report § Sign the report, only if defects were noted by the driver who prepared the report, to acknowledge that the required repairs were performed

Other Required Inspections § Systematic inspection, repair and maintenance - maintain for 1 year or 6 months after MV leaves motor carriers control § Periodic inspections (annually) - full vehicle inspection - inspection sticker

100 Air-Mile Radius Exemption § A driver is exempt from maintaining the driver's daily log requirements if all of the following are true: § The driver operates within a 100 air-mile radius of the normal work reporting location § The driver returns to the work reporting location and is released from work within 12 consecutive hours § Each 12 hours on duty are separated by at least: § 10 consecutive hours off duty for property-carrying drivers

100 Air-Mile Radius Cont. . § The driver does not exceed a maximum of: § 11 hours driving time following 10 consecutive hours off duty for propertycarrying drivers

100 Air Mile Radius Cont… § Motor carrier maintains and retains for a period of six months accurate and true time records that show: § § The time the driver reports for duty each day; The total number of hours the driver is on duty each day; § The time the driver is released from duty each day; and § The total time for the preceding 7 days for first-time or intermittent drivers.

Emergency Equipment § Mounted fire extinguisher § UL rating 2 of 10 B: C or more – Hazardous Materials § UL rating 2 of 5 B: C or more – Non Hazardous

Emergency Equip. Cont… § Spare Fuses § Warning Devices § Emergency Flares § Emergency Lanterns § Emergency Reflectors § Emergency Triangles

Questions? § For more information on commercial motor vehicle safety regulations, refer to www. fmcsa. dot. gov.