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In-Service Training for the Roadside Inspector

In-Service Training for the Roadside Inspector. 2013 North American OOSC Inspector Training. Objectives. Review the changes to the April 1, 2013 Out-of-Service Criteria. 2013 OOSC Changes. Effective April 1, 2013 Part I Changes Part II Changes Part IV Changes Changes denoted by *

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In-Service Training for the Roadside Inspector

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  1. In-Service Training for the Roadside Inspector 2013 North American OOSC Inspector Training

  2. Objectives Review the changes to the April 1, 2013 Out-of-Service Criteria.

  3. 2013 OOSC Changes • Effective April 1, 2013 • Part I Changes • Part II Changes • Part IV Changes • Changes denoted by * • For this Presentation – Changes highlighted in Red

  4. 2013 OOSC Changes - Part I • *2.OPERATOR’S/CHAUFFEUR’S LICENSE OR PERMIT (NON-CDL) *a.Vehicle 26,000 lbs. or less GVWR not designed to transport 16 ormore passengers or placarded loads of hazardous materials. *(1) Is not licensed for the type of vehicle being operated. (391.11(b)(5)) Declare driver out-of-service.

  5. 2013 OOSC Changes - Part I • *2.OPERATOR’S/CHAUFFEUR’S LICENSE OR PERMIT (NON-CDL) *a.Vehicle 26,000 lbs. or less GVWR not designed to transport 16 ormore passengers or placarded loads of hazardous materials. *(2)Operating a non-CDL required commercial motor vehicle with driving privileges revoked, suspended, cancelled, or otherwise disqualified. (391.15(a)) Declare driver out-of- service. (Out-of-service action to be initiated only upon home jurisdiction license verification.)

  6. 2013 OOSC Changes - Part I • *2.OPERATOR’S/CHAUFFEUR’S LICENSE OR PERMIT (NON-CDL) Justification: This change codifies the OPERATOR’S/CHAUFFER’S LICENSE OR PERMIT (NON-CDL)Vehicle 26,000 lbs. or less GVWR not designed to transport 16 or more passengers or placarded loads of hazardous materials section and incorporates the condition of a disqualified driver. The DRIVER DISQUALIFICATION section of the OOSC has since been removed due to this change.

  7. 2013 OOSC Changes - Part I • *3.CDL *a.License *(1) Does not possess a valid CDL issued by his/her state or jurisdiction of domicile. (383.23(a)(2)) Declare driver out- of-service.(Out-of-Service action to be initiated only upon home jurisdiction license verification.)

  8. 2013 OOSC Changes - Part I • *3.CDL *a.License *(2) Operating a CDL required commercial motor vehicle with driving privileges revoked, suspended, cancelled, or otherwise disqualified. (383.51(a)) Declare driver out-of- service. (Out-of-service action to be initiated only upon home jurisdiction license verification.)

  9. 2013 OOSC Changes - Part I • *3.CDL Justification: This change codifies the CDLLicense section and incorporates the condition of a disqualified driver. The DRIVER DISQUALIFICATION section of the OOSC has since been removed due to this change.

  10. 2013 OOSC Changes - Part I • *3.CDL *b.Commercial Learner’s Permit (CLP) (1) Is not accompanied by the holder of a valid CDL. (383.25(a)(1))Declare driver out-of-service. (2) Does not hold a valid automobile drivers license or have a valid operator’s status allowed by licensing jurisdiction. (383.25(a)(2))Declare driver out-of-service. (3) Operating a commercial motor vehicle transporting hazardous materials as defined in 383.5. (383.25(a)(6)) Declare driver out-of-service.

  11. 2013 OOSC Changes - Part I • *3.CDL Justification: This change amends the title of the section to Commercial Learner’s Permit (CLP) and further changes the referenced regulations, from 383.23 to 383.25, to accurately reflect the correct regulation applicable to the OOS conditions.

  12. 2013 OOSC Changes - Part I • *4.DRIVER MEDICAL/PHYSICAL REQUIREMENTS *b.Medical Certificate *(4) Operating a property-carrying vehicle without a valid medical certificate in possession. If the driver fails to produce a medical certificate or has an expired medical certificate and has a previous history of failing to produce a medical certificate, or having an expired medical certificate, the driver shall be placed out-of-service. (391.41(a)) Declare driver out-of-service.Inspection Bulletin 2012-07 – Driver Possession of a Valid Medical Certificate

  13. 2013 OOSC Changes - Part I • *4.DRIVER MEDICAL/PHYSICAL REQUIREMENTS Justification: This change informs the roadside inspector that Inspection Bulletin 2012-07 – Driver Possession of a Valid Medical Certificate has recently been created, providing additional clarification on how to place a driver out-of-service for not having a medical certificate.

  14. 2013 OOSC Changes - Part I • *6.FATIGUE *When so fatigued that the driver of a commercial motor vehicle should not continue the trip. (392.3) Declare driver out-of-service until no longer fatigued.

  15. 2013 OOSC Changes - Part I • *6.FATIGUE Justification: This change reflects an open September 21, 2011 Minnesota court case that rejected the use of the standard of “reasonable, articulable suspicion” to place a driver out-of-service, and authorized placing a driver out-of-service only on the basis of “probable cause”. On September 27, 2012, CVSA removed the standard of “reasonable, articulable suspicion” and has not adopted a more explicit standard due to the potential of creating unintended inconsistencies and potential problems with enforcement. The CVSA Fatigue Ad Hoc committee is continuing to study this issue.

  16. 2013 OOSC Changes - Part I • *8. DRUGS AND OTHER SUBSTANCES; AS IDENTIFIED UNDER SECTION 392.4(a). • *9. INTOXICATING BEVERAGES • *10. DRIVER’S RECORD OF DUTY STATUS – U.S. • *11. DRIVER’S RECORD OF DUTY STATUS – CANADA • *12. DRIVER’S RECORD OF DUTY STATUS – MEXICO

  17. 2013 OOSC Changes - Part I • *8. DRUGS AND OTHER SUBSTANCES; AS IDENTIFIED UNDER SECTION 392.4(a)., • *9. INTOXICATING BEVERAGES, • *10. DRIVER’S RECORD OF DUTY STATUS – U.S., • *11. DRIVER’S RECORD OF DUTY STATUS – CANADA, and • *12. DRIVER’S RECORD OF DUTY STATUS – MEXICO Justification: This change re-numbers the latter sections of Part I due to the reclassifying of and the elimination of the DRIVER DISQUALIFICATION section. No changes were made to the context of the above sections, other than to Footnote 10 of DRIVER’S RECORD OF DUTY STATUS – U.S.(See next slide.)

  18. 2013 OOSC Changes - Part I • *10.DRIVER’S RECORD OF DUTY STATUS – U.S. Footnotes for driver’s record of duty status – U.S. 10. A driver who utilizes an electronic device other than those described in 395.15 shall not be declared out-of- service if the device has the ability to print and sign previously completed record of duty status that comply with 395.8 upon demand. Inspection Bulletin 2012-05 – Automatic On-Board Recording Devices (AOBRDs)

  19. 2013 OOSC Changes - Part I • *10.DRIVER’S RECORD OF DUTY STATUS – U.S. Justification: This change informs the roadside inspector that Inspection Bulletin 2012-05 – Automatic On-Board Recording Devices (AOBRDs) has recently been created. It provides a review of the requirements for devices used to record drivers’ hours of service according to 49 CFR 395.15 Automatic On-board Recording Devices, identifies the minimum requirements for devices to be a compliant AOBR and identifies what information must be displayed and available to roadside enforcement for hours of service compliance.

  20. 2013 OOSC Changes - Part II • *Policy Statement When a vehicle is declared out-of-service for a condition resulting from an accumulation of violations, all violations that contributed to the specific out-of-service condition must be repaired (e.g. a vehicle, or vehicles in combination declared out-of service for 20 percent defective brake violations must have all the 20 percent defective brake violations repaired prior to being released; or, a vehicle declared out-of-service for two tires at less than 1/32 inch (0.8mm) tread depth must have both tire violations repaired prior to the vehicle being released, etc.).

  21. 2013 OOSC Changes - Part II • *Policy Statement Justification: This change corrects the metric measurement equivalent used in the example.

  22. 2013 OOSC Changes - Part II • *Policy Statement A Critical Vehicle Inspection Item Violation(s) (OOS or otherwise) noted during a CVSA Level I Inspection that is successfully repaired on-site and re-inspected by the same inspector at the same inspection location will qualify for a CVSA decal as long as all previously noted Critical Vehicle Inspection Item violation(s) have been properly repaired. In such instance, only a re-inspection of the repaired violation(s) shall be done with decal(s) being applied to the vehicle(s) and properly noted upon the original inspection.

  23. 2013 OOSC Changes - Part II • *Policy Statement Any vehicle that is repaired off-site or inspected by a different inspector shall be required to have a complete inspection conducted in order to obtain a CVSA decal. Justification: This change updates and clarifies the Part II NORTH AMERICAN STANDARD VEHICLE OUT-OF-SERVICE CRITERIA POLICY STATEMENT, reflecting the changes to the Qualifying for CVSA Decals Vehicle Re-Inspections policy concerning when a vehicle will and will not qualify for a CVSA decal after a Critical Vehicle Inspection Item violation(s) is discovered during a CVSA Level I Inspection.

  24. 2013 OOSC Changes - Part II • *1. BRAKE SYSTEMS *a. Defective Brakes *(5) Drum (Cam-Type and Wedge) Air Brakes *(c) Defective Lining Conditions *vi. The friction surface of the brake drum and the brake friction material are contaminated by oil or grease. (393.47(a))

  25. 2013 OOSC Changes - Part II • *1. BRAKE SYSTEMS Justification: This change removes brake fluid as a listed contaminant and makes the OOSC consistent with the fact that drum air brakes do not utilize brake fluid.

  26. 2013 OOSC Changes - Part II • *1. BRAKE SYSTEMS *o. Hydraulic Brakes Inspection Bulletin 2012-04 – Hydraulic Brake System Inspection Procedures

  27. 2013 OOSC Changes - Part II • *1.BRAKE SYSTEMS Justification: This change informs the roadside inspector that Inspection Bulletin 2012-04 – Hydraulic Brake System Inspection Procedures has recently been created describing inspection procedures and operating information for commercial vehicles with hydraulic brake systems. It is written for the purpose of supporting roadside vehicle inspections and is primarily intended to identify OOS conditions.

  28. 2013 OOSC Changes - Part II • *2. COUPLING DEVICES *e. Drawbar/Tongue *(1) Slider (Power/Manual) *(c) Movement of more than ¼ inch (6.4 mm) between the slider and housing. (Trailer – 393.70(c) or Driveaway – 393.71(h))

  29. 2013 OOSC Changes - Part II • *2. COUPLING DEVICES Justification: This change corrects the metric measurement equivalent.

  30. 2013 OOSC Changes - Part II • *2. COUPLING DEVICES *e. Drawbar/Tongue *(2) Integrity *(b) Movement of ¼ inch (6.4 mm) between subframe and drawbar at point of attachment. (Trailer – 393.70(c) or Driveaway – 393.71(h))

  31. 2013 OOSC Changes - Part II • *2. COUPLING DEVICES Justification: This change corrects the metric measurement equivalent.

  32. 2013 OOSC Changes - Part II • *2. COUPLING DEVICES *f. Safety Devices *(4) Chain or Wire Rope: Damaged or defective to the same extent as the criterion used for chain or wire rope defects described in the “Securement of Cargo – Tiedown Defect Table”. (Trailer – 393.70(d) or Driveaway – 393.71(h)(10))

  33. 2013 OOSC Changes - Part II • *2. COUPLING DEVICES *f. Safety Devices *(4) (Continued) *Exception: Quick-link(s) that are fully engaged, and marked with a manufacturer’s minimum breaking strength/force (MBS/MBF) rating on the link that is equal to or greater that the GVW of the trailer(s), are acceptable for use in a safety device.

  34. 2013 OOSC Changes - Part II • *2. COUPLING DEVICES Justification: This change authorizes the use of a “quick-link” marked with a manufacturer’s minimum breaking strength/force on a trailer safety device. This change does not change the fact that a “quick-link” is not acceptable for the purpose of cargo securement.

  35. 2013 OOSC Changes - Part II • *2. COUPLING DEVICES *g. Hitch Systems (Excluding Fifth Wheels and Pintle Hooks) Mounting and Integrity *(1) Loose mounting, missing, or ineffective fasteners, or insecure latch. (Trailer – 393.70(c) or Driveaway – 393.71(h)) NOTE: A fastener is not considered missing if there is an empty hole in the device but no corresponding hole in the frame and vice versa.

  36. 2013 OOSC Changes - Part II • *2. COUPLING DEVICES *g. Hitch Systems (Excluding Fifth Wheels and Pintle Hooks) Mounting and Integrity *(2) Cracks anywhere in the hitch system including mounting surface and frame cross member. (Trailer – 393.70(c) or Driveaway – 393.71(h))

  37. 2013 OOSC Changes - Part II • *2. COUPLING DEVICES *g. Hitch Systems (Excluding Fifth Wheels and Pintle Hooks) Mounting and Integrity *(3) Any welded repairs to the ball, ball-socket, pin or eye. (Trailer – 393.70(c) or Driveaway – 393.71(h))

  38. 2013 OOSC Changes - Part II • *2. COUPLING DEVICES Justification: This change creates a new section in the COUPLING DEVICES section of the OOSC that addresses hitch systems, other than fifth wheels and pintle hooks, such as ball hitches and pin hitches. In some cases, the previous OOSC did not cover such hitches, as language was specific to pintle hook type assemblies.

  39. 2013 OOSC Changes - Part II • *2. COUPLING DEVICES *h. Saddle-Mounts (Method of Attachment) *(4) Horizontal movement between upper and lower saddle-mount halves exceeds ¼ inch (6.4 mm). (Upper – 393.71(j) or Lower – 393.71(k))

  40. 2013 OOSC Changes - Part II • *2. COUPLING DEVICES Justification: This change corrects the metric measurement equivalent.

  41. 2013 OOSC Changes - Part II • *7. SECUREMENT OF CARGO Inspection Guidance – Interpretation #6

  42. 2013 OOSC Changes - Part II • *7. SECUREMENT OF CARGO Justification: This change inserts a reference to the newly created Inspection Guidance – Interpretation #6. This directs the roadside inspector to guidance that has been issued addressing bungee cords and tarp straps being unsuitable for use as tiedowns, and equally being unsuited to having an assigned WLL. Furthermore, there is no intention to prohibit the use of these devices as supplementary restraint for light weight cargo and equipment.

  43. 2013 OOSC Changes - Part II • *10. TIRES *a. Any Tire on Any Front Steering Axle(s) of a Power Unit *(6) Presence of rubber coated cord or cured rubber plug in the sidewall. (396.3(a)(1))

  44. 2013 OOSC Changes - Part II • *10.TIRES Justification: This change identifies the use of a rubber coated cord or cured rubber plug as an unapproved method to repair the sidewall of a tire and furthermore constitutes an imminent hazard.

  45. 2013 OOSC Changes - Part II • *10. TIRES *a. Any Tire on Any Front Steering Axle(s) of a Power Unit Re-numbering of conditions*(7), *(8), *(9)and*(10)due to the adoption and insertion of *(6) Presence of rubber coated cord or cured rubber plug in the sidewall. (396.3(a)(1)). No change to conditions (7), (8), (9) and (10) was involved in this re-numbering.

  46. 2013 OOSC Changes - Part II • *10. TIRES *b. All Tires Other Than Those Found on the Front Steering Axle(s) of a Powered Unit *(10) Presence of rubber coated cord or cured rubber plug in the sidewall. (396.3(a)(1))

  47. 2013 OOSC Changes - Part II • *10.TIRES Justification: This change identifies the use of a rubber coated cord or cured rubber plug as an unapproved method to repair the sidewall of a tire and furthermore constitutes an imminent hazard.

  48. 2013 OOSC Changes - Part II • *10. TIRES *b. All Tires Other Than Those Found on the Front Steering Axle(s) of a Powered Unit Re-numbering of condition*(11)due to the adoption and insertion of *(10) Presence of rubber coated cord or cured rubber plug in the sidewall. (396.3(a)(1)). No change to condition (11) was involved in this re- numbering.

  49. 2013 OOSC Changes - Part II • *10.TIRES Inspection Guidance – Interpretation #2

  50. 2013 OOSC Changes - Part II • *10.TIRES Justification: This change inserts a reference to Inspection Guidance – Interpretation #2. This directs the roadside inspector to guidance that has been issued addressing the presence of an OOS condition on a tire or rim and the driver or owner has either singled out the axle or has removed the wheels and chained up the axle.

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