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Presents: Compliance with the Federal Motor Carrier Safety Regulations March 11, 2008. Code of Federal Regulations. There is a total of 50 titles, governing all aspects of American Society. Code of Federal Regulations. Title 29 Occupational Safety and Health Administration.
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Presents: Compliance with the Federal Motor Carrier Safety Regulations March 11, 2008
Code of Federal Regulations There is a total of 50 titles, governing all aspects of American Society.
Code of Federal Regulations Title 29 Occupational Safety and Health Administration
Code of Federal Regulations Title 40 Environmental Protection Agency
Code of Federal Regulations Title 49 Department of Transportation Federal Motor Carrier Safety Regulations
Compliance Reviews and Safety Ratings (Part 385) Audits of recordkeeping Acute and critical violations Assignment of safety ratings
FEDERAL MOTOR CARRIER SAFETY REGULATIONS Part 380 - Training Part 382, and Part 40 – Drug and alcohol testing Part 383 - CDL Part 387 - Insurance Part 390 - General / Accident Register Part 391 - Qualifications of Drivers Part 392 - Driving of Motor Vehicles Part 393 - Parts and Accessories Part 395 - Hours of Service of Drivers Part 396 - Maintenance Part 397 - Transportation of Hazardous
Safety Fitness ProceduresPart 385 • New entry safety review (385.307) • Required for new motor carriers, within 18 months • Process is in Appendix A of Part 385 • HM safety permits (385.403/405) • Compliance reviews (Appendix B, Part 385) • Acute and critical violations • Six rating factors • Assignment of safety rating
Acute and Critical Violations • Acute is most severe – 1 violation = 1 point • Example: Part 391.15(a), using a physically unqualified driver • Critical is less severe – 10% of documents reviewed must be in violation to = 1 point • Example: Part 391.51(a), failing to maintain a DQ file for each driver
Rating Factors • Factor 1, General (Parts 387-390 • Factor 2, Driver (Parts 382, 383, 391 • Factor 3, Operational (Parts 392, 395 • Factor 4, Vehicle (Part 396 • Factor 5, Hazardous material (Parts 397, 171, 177, 180) • Factor 6, Accident ratio (must not exceed 1.5 per million miles, long haul; 1.7 for local)
Applicability (Part 390.3) • Rules apply to: • Commercial motor vehicles • Property or passengers • On highways • In interstate commerce • Also, Part 383 (CDL) applies to inter and intra state commerce
DEFINITIONS Part 390.5 Accident Commercial Motor Vehicle Highway Interstate Commerce
Commercial Motor Vehicle Any self propelled or towed vehicle used on a highway in interstate commerce to transport passengers or property • GVWR or actual weight of 10,001 or more lbs., whichever is greater • Designed to transport 8passengers for hire; • Designed to transport 16 or more passengers including the driver; • Any size and placarded for hazardous material
Highway • Public or private • Open to public travel • Without • restrictive gates • prohibitive signs • or regulation based on size, weight, or class
INTERSTATE COMMERCE • Trade, traffic, transportation between states • Within a state, through another state • Between a state and a point outside the United States
FEDERAL MOTOR CARRIER SAFETY REGULATIONS(390.3e) Every motor carrier and its officers shall be conversant with and comply with these regulations; Every driver shall be trained.
PenaltiesPart 386 Appendix B • Violations of FMCSR • Recordkeeping = $550-5500 • Knowing falsification $5500 • Non-recordkeeping by person $11,000 • Non-recordkeeping by drivers = $1,100 • Financial Responsibility = $16,000 • Hazardous Materials = $275-$32,500 390.37 “Any person who violates... may be subject to civil or criminal penalties.” Any person
MINIMUM LEVELS OF FINANCIAL RESPONSIBILITYPart 387 • Insurance coverage for injury or damage to a third party • Applies to “for-hire” carriers and carriers hauling hazardous materials • Form MCS-90 (outside insured) Form MCS-82 (self insured). Buses MCS-90B or MCS-82B.
Schedules of Limits January 1, 1985 Typeof carriage Commodity transported (1) For hire Property -nonhazardous $ 750,000 (2) For-hire Hazardous and Private Substance >3500; In bulk 1.1,1.2, 1.3,2.3 zA, 6.1 pgI, 2.1, 2.2, or highway controlled 7 5,000,000 (3) For-hire Oil;HW, HM, HS and Private not listed above 1,000,000 (4) For-hire Any 1.1, 1.2, 1.3; and Private any 2.3zA, 6.1 pgI,zA, or highway 7 5,000,000
ACCIDENT REGISTER390.15(b) • Keep for 3 years after accident • List of Accidents • Date • City, ST • Driver • # Injuries • # Fatalities • HM spilled DATE CITY, ST DRIVER # INJURIES? FATALITIES? HM
Definition: Entry Level Driver (380.502) A driver with less than one year of experience operating a CDL commercial motor vehicle in interstate commerce
Definition: Entry level driver training (380.502) • Driver qualification • Hours of service • Driver wellness • Whistleblower protection
LCV Training Part 380.101 to 380.401 • Applies to all operators of LCVs in interstate commerce; • Employers of such persons; • LCV driver-instructors
Part 383 (cdl) definitions apply unless excepted LCV – 2 or more trailers, over 80K GVW Doubles triples Qualified LCV instructor Classroom Skills Training institution = accredited by US Dept of Ed. Definitions (380.105)
LCV Doubles (380.203) • To qualify for training: • Within past 6 months, must have a Class A CDL, w/doubles endorse. • Within past 6 months, drove Class A vehicles • 1 license • No suspensions, revocations, etc. • No 383.51 convictions
LCV Triples (380.205) • To qualify for training: • Within past 6 months, must have a Class A CDL, with doubles endorse • Within past 6 months, drove Class A vehicles • 1 license • No suspensions, revocations, etc. • No 383.51 convictions
Instructor Requirements (380.301) • Classroom instructor: has audited the course; • Skills instructor: • 2 years’ experience in appropriate equipment • Certified by State Dept. of Ed (for training school instructor) • Has completed course in subpart B (380.201, 203, 205
OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT OF 1991 • Alcohol and Controlled Substances Testing for drivers requiring CDL • Testing for interstate and intrastate drivers • Minimum of four types of testing • Establish procedural requirements which ensure privacy and accuracy • Rehabilitation
WHO’S REQUIRED TO HAVE A CDL? A commercial driver’s license is required (Title 49 CFR, Part 383) of anyone who drives a vehicle which: • Has a GVWR of 26,001 or more pounds; or • Is designed to transport 16 or more passengers, including the driver; or • Is of any size and is used in the transportation of hazardous materials requiring placards
ALCOHOL AND DRUG TESTS REQUIRED(382.301 - .311) • Pre-employment (.301) • Post accident (.303) • Random (.305) • Reasonable suspicion (.307) • Return to duty (.309) • Follow - up (.311)
PRE-EMPLOYMENT CONTROLLED SUBSTANCES TESTING Prior to performing “safety-sensitive functions”: • Verify negative test result for controlled substances use;
Accident • Fatality • Injury treated immediately away from the scene • One or more vehicles incurring DISABLING DAMAGE
POST ACCIDENT TESTING Following an accident involving a CMV, each employer shall test each surviving driver for alcohol and controlled substances when either: • The accident involved a fatality; or • The driver receives a citation under a state or local law for a moving traffic violation arising from the accident.
POST ACCIDENT TESTING(Employer Responsibilities) • Provide drivers with the necessary post-accident information, procedures and instructions; • Require alcohol test within two (2) hours; • Cease attempts to alcohol test driver after eight (8) hours; • Require driver to submit to a controlled substances test within 32 hours following the accident.
POST ACCIDENT TESTING(Driver Responsibilities) • Remain available for testing, or the employer may consider the driver to have refused; • Refrain from consuming alcohol for eight (8) hours following the accident
RANDOM CONTROLLED SUBSTANCES TESTING • Minimum annual rate of 50 percent of the average number of driver positions; • If drivers are in a multi-employer consortium, the consortium must meet the 50 percent rate
RANDOM ALCOHOL TESTING • Minimum annual rate of 10 percent of the average number of driver positions; • Random alcohol tests shall be administered during, immediately prior, or immediately after the performance of safety-sensitive functions.
RANDOM TESTING • Tests shall be unannounced and spread reasonably throughout the calendar year; • Coordinate an appointment time; • Upon notification the driver selected shall proceed immediately to the testing site; • Scientifically valid method; • Interstate and intrastate drivers may be pooled together for random testing; • Owner-operators must join a consortium.
REASONABLE SUSPICION TESTING(Controlled Substances) • Reasonable suspicion drug/alcohol testing may be administered any time while the driver is on duty; • Maintain written record of observations leading to the test.
REASONABLE SUSPICION TESTING • Observations must be made by at least one trained supervisor or company official (382.603) • 60 minutes on Alcohol misuse • 60 minutes on Controlled substances misuse • Address the physical, behavioral, speech, and performance indicators of probable alcohol misuse and the use of controlled substances. • Once in a lifetime documentation of training must be maintained
RETURN-TO-DUTYTESTING A driver found to be positive in a drug/alcohol test shall submit to return-to-duty testing as follows: • Prior to performance of safety-sensitive duties; • Result of alcohol test shall indicate a breath alcohol concentration of less than 0.02; • Result of controlled substances test shall indicate a verified negative.
FOLLOW-UPTESTING • As deemed necessary by a Substance Abuse Professional (SAP); • Minimum of six (6) tests in the first twelve (12) months; • Testing shall not exceed sixty (60) months; • Unannounced.
CONSEQUENCES 0.04 BAC or greater; OR a positive drug test • Referral to SAP* and evaluated • Follow SAP* program if required • Return-to-duty test negative • Follow-up tests *Substance Abuse Professional