Driver`s DOT Compliance Seminar

Transcription

JEANA HYSELL
SENIOR SAFETY CONSULTANT
Copyright 2015 by J. J. Keller & Associates, Inc.
Today’s training is designed to provide you with an
understanding of the FMCSR and to help you and your
company achieve and maintain compliance with those
regulations.
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Increase your understanding of the FMCSR
Provide ideas on how to comply with the
regulations
Avoid DOT penalties
Reduce your company’s exposure to
liability
Copyright 2015
J. J.
& Associates,
Inc. Inc.
Copyright
2015byby
J. Keller
J. Keller
& Associates,
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Part 40:
◦ Procedures for alcohol and drug Testing
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Part 380:
◦ Special Training Requirements
Part 382:
◦ Controlled Substances and Alcohol Use and Testing
Part 383:
◦ Commercial Driver’s License Standards
Part 387:
◦ Minimum Levels of Financial Responsibility for Motor Carriers
Part 390:
◦ General
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Part 391:
◦ Qualifications of Drivers
Part 392:
◦ Driving of Motor Vehicles
Part 393:
◦ Parts and Accessories Necessary for Safe Operation (Cargo)
Part 395:
◦ Hours of Service of Drivers
Part 396:
◦ Inspection, Repair & Maintenance
Part 397:
◦ Transportation of Hazardous Materials; Driving and Parking
Rules
§382.301 (d) (1) (i) (A)
PART
SECTION
PARAGRAPH
SUB PARAGRAPH
SUB SUB PARAGRAPH
SUB SUB SUB PARAGRAPH
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Includes drivers and vehicles that:
◦ Cross state lines
◦ Travel over the border into and/or from Canada or
Mexico
◦ Travel between two places within a state, but the
cargo or passengers are part of a trip that begins or
ends in another state or foreign country
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Includes drivers and vehicles that remain exclusively
within a state
Travel does not include:
◦ Crossing state lines
◦ Travel over the border into and/or from Canada or Mexico
 Travel between two places within a state, but the cargo
or passengers are part of a trip that begins or ends in
another state or foreign country
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Defined in §390.5 and §383.5 of the FMCSR
§390.5 definition applies to:
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Driver qualification
Medical exams
Hours of service
Vehicle inspection
US DOT numbers
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Having a gross vehicle weight rating, gross combination
weight rating, gross vehicle weight, or gross
combination weight of 10,001 pounds or more – or –
A vehicle of any size used to transport hazardous
materials in a type or quantity that requires placarding
– or –
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A vehicle designed or used to transport more than 8
passengers including the driver for compensation –
or –
A vehicle designed or used to transport more than 15
passengers including the driver and not used to
transport passengers for compensation.
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Neither distance traveled nor amount of time behind
the wheel changes applicability
Definition applies to anyone who operates a CMV
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Has a gross combination weight rating of 26,001
pounds or more AND includes a towed unit(s) with a
gross vehicle weight rating of more than 10,000
pounds - or Has a gross vehicle weight rating of 26,001 pounds or
more - or -
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Is designed to transport 16 or more passengers,
including the driver - or Is of any size and is used for transporting a placardable
amount of hazardous materials or certain select agents
or toxins
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A driver who operates a vehicle that meets this
definition (interstate or intrastate):
◦ Must possess a CDL
◦ Is subject to drug and alcohol regulations
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If your operations meet the definition of a CMV in
§390.5 compliance includes:
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Driver qualification
Medical exams
Hours of service
Vehicle inspection
If your operations meet the definition of a CMV in
§383.5 compliance with the requirements listed
above and CDL and alcohol and drug testing is
required
Part 383
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One license
Notification of violations and suspensions
Provide previous employment information
No driving after privilege suspended
Meet requirements to obtain license
Applies to interstate, intrastate, foreign commerce
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GCWR 26,001 or more lbs. with towed unit of more
than 10,000 lbs. GVWR
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GVWR 26,001 or more lbs.
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Designed to carry 16 or more
passengers, including driver
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Any size placarded for hazardous
materials
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DUI – alcohol:
◦ Concentration 0.04% or more
◦ As prescribed by state/local law
◦ Refusal to undergo testing
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DUI – controlled substances
Leaving scene of accident
Felony involving CMV
Controlled substance felony
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First offense:
◦ One year
◦ Three years (hazardous materials)
◦ LIFE (controlled substances)
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Second offense = LIFE
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Definition:
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Excessive speeding (15 mph over)
Reckless driving
Improper or erratic lane changes
Following too close
Moving violation in fatal accident
Duration of disqualification:
◦ Second offense – three years – 60 days
◦ Third offense – three years – 120 days
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No driver shall engage in texting while driving
No motor carrier shall allow or require its drivers
to engage in texting while driving
◦ Driving is:
 Operating a commercial motor vehicle, with the motor
running
 Includes while temporarily stationary because of traffic, a
traffic control device, or other momentary delays.
◦ Driving is NOT does not include:
 Commercial motor vehicle parked and running on side of or
off the road
 Halted in a location where the vehicle can safely
remain stationary.
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Moving violations:
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Must report any conviction
In any type of motor vehicle
Must notify state and carrier within 30 days
Notification in writing
Suspensions:
◦ Driver must report if driver’s license suspended, revoked or
cancelled for any period of time
◦ Notify by end of next business day
◦ Motor carrier shall not allow driver to operate CMV
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Effective January 3, 2012
Rule Prohibits use of hand held mobile
telephones while driving CMV
◦ Talking while holding the phone in your hand
◦ Pressing more than one button
◦ Reaching for phone leaving normal seating position
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Driving is:
◦ Operating a commercial motor vehicle, with the
motor running
◦ Includes while temporarily stationary because of
traffic, a traffic control device, or other momentary
delays.
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Driving is NOT does not include:
◦ Commercial motor vehicle parked and running on
side of or off the road
◦ Halted in a location where the vehicle can
safely remain stationary
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Who does this apply to?
◦ Interstate drivers
 Most states will/have adopted for intrastate operations
 States given 3 years to adopt
◦ Commercial Motor Vehicles
 GVWR, GCWR or gross weight of greater than 10,000
pounds
◦ Placarded intrastate HM haulers
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Wireless devices are allowed
◦ Can’t press multiple buttons to operate
◦ Can use wired and wireless headsets/earphones
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Push to talk phones are not allowed
Drivers can only use hand-held phones when:
◦ Stopped
◦ When communicating with law enforcement
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Can be mounted within reach
2nd/3rd conviction/3 years - 60/120 day disqualificaiton
◦ $2,750 to driver
◦ $11,000 to company
Added Carrier SMS Unsafe Driving BASIC Violations
Violation Description
Shown on Driver/Vehicle
Examination Report Given
to Commercial Motor
Vehicle (CMV) Driver after
Roadside Inspection
Section
Violation Group
Description
Violation Severity Weight
177.804(b)
Failure to comply with 49
CFR 392.80 - Texting
while Oper a CMV Placardable HM
177.804(c)
Fail to comply with 392.82
- Using Mobile Phone while Phone Call
Oper a CMV - HM
10
392.80(a)
Driving a commercial
Texting
motor vehicle while texting
10
392.82(a)(1)
Using a hand-held mobile
telephone while operating
a CMV
Phone Call
10
392.82(a)(2)
Allowing or requiring driver
to use a hand-held mobile Phone Call
tel while operating a CMV
10
Texting
10
§390.35 No motor carrier, its agents, officers, representatives, or employees
shall make or cause to make: a fraudulent or intentionally false statement
on any application, certificate, report or record…
During a compliance review the auditor will be verifying all statements and
documents you provide. This is due to the regulatory requirement that you be
truthful with all statements and documents.
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Acute violations are violations severe enough that the
presence of a single violation requires immediate corrective
action by the auditor and the carrier
Critical violations are proof of a pattern of poor safety
management controls; critical violations will not affect the
compliance review rating until they reach a level of ten
percent non-compliance
Other non-scoring violations are violations that are found
that are neither acute nor critical and have no affect on the
compliance review rating; however, you can be fined for all
violations found during the compliance review
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The acute violations in Factor 1 are not meeting the
minimum insurance levels and providing false documents or
statements to the auditor
The critical violations in Factor 1 are failure to have proof of
insurance available at the primary place of business and
failing to maintain copies of all accident reports as required
UNIFORM FINE ASSESSMENT (UFA) 4.0
◦ http://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/UFA_Calculations_
Explanation.pdf
Motor carriers and drivers of property-carrying
commercial motor vehicles involved in interstate or
foreign commerce if:
◦ The vehicle or combination weighs or is rated at 10,001
pounds or more.
◦ The vehicle is used to
transport hazardous
materials in quantities
that require placards,
no matter what the
vehicle weighs or is
rated at.
All time from the time you begin work or are required to be ready
for work until you are relieved from work and all responsibility
for doing work. This includes:
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Driving.
Loading or unloading your vehicle.
Inspecting your vehicle.
Fueling your vehicle.
Performing other duties on or around the vehicle.
Waiting to be dispatched.
Complying with drug or alcohol testing requirements.
Attending meetings, safety events, or training sessions required
by your motor carrier.
◦ Doing paid work for someone else.
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Time when you’re relieved of all duties or
responsibilities for performing work.
Time when you are free to choose your activities and
free to leave the place where your vehicle is parked.
Time when you’re resting in or on your vehicle as long
as you are not be engaged in any work-related activity.
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After 11 hours of driving time, you must have 10
consecutive hours off duty before you can drive again.
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Once you’ve reached the end of your 14-hour duty
window you cannot drive again until you have at least
10 consecutive hours off duty.
Stopping for lunch, taking a break, or any unforeseen
event, such as a breakdown, do not extend this 14-hour
limit.
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You cannot drive if more than 8 hours have passed
since the end of your last off-duty or sleeper-berth
period of at least 30 minutes.
This required break must be taken in your first 8 hours
on duty and must be at least 30 minutes in length.
During this break, you may not perform any on-duty
tasks.
Qualifying break time includes:
◦ Meal breaks.
◦ Sleeper-berth breaks.
◦ Resting in or on your vehicle when it is parked.
Drivers who work for motor carriers that do not operate
CMVs every day of the week:
◦ Must stop driving a CMV after 60 hours of on-duty time in a 7day period.
Drivers who work for motor carriers that do operate CMVs
every day of the week:
◦ Must stop driving a CMV after 70 hours of on-duty time in an 8day period.
You may continue to perform non-driving activities, but all
hours must be included when calculating your total hours.
All driving time and all on-duty time is counted toward your
60- or 70-hour limit.
To restart your 60-hour/7-day or 70-hour/8-day schedule:
 You must have an off-duty period of 34 (or more)
consecutive hours.
 The 34-hours must be consecutive.
 Any on-duty activities would invalidate the restart.
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A paper log or electronic logging device (ELD) that
tracks your on-duty and off-duty hours for an entire 24hour period.
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Includes a graph grid that tracks four categories (duty
lines):
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Off Duty.
Sleeper Berth.
Driving.
On Duty (Not Driving).
Must include:
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The date.
Total miles driven today.
Truck or tractor and trailer numbers.
Name of the motor carrier.
Motor carrier’s main office address.
Place for the driver’s signature/certification.
Name of co-driver (if applicable).
24-hour period starting time (selected by the motor carrier).
Total hours in each duty status (at the end of the grid).
Shipping document number(s) or name of shipper and
commodity.
◦ Remarks section.
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Must be done for each day.
Must be done in duplicate
(original and a copy).
Must be completed in your own
legible handwriting.
You must have the current day’s
log, plus copies of the previous 7
days with you in the cab.
You must deliver a copy of your
log to your motor carrier within
13 days.
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May be used in place of a paper log.
Must contain the same items required on the paper log
and be current up to your last change of duty status.
You must be able to produce a log for the current day
and the previous 7 days.
Should be with you in the cab at all times with:
◦ Instructions on how to store and retrieve the data.
◦ A list of any codes the ELD uses and their meanings.
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If the device fails:
◦ You must be able to reconstruct the current day’s logs and
previous 7 days’ logs.
◦ You must be able to maintain a handwritten paper log until
the unit is repaired or replaced.
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If using a non-approved ELD (e.g., smartphone or
tablet), you must have the means to be able to print
your logs if requested.
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The hours-of-service regulations include several
exceptions.
In general, these exceptions apply to certain types of
industries (oilfield), types of operations (local or short
haul), and/or driving conditions (adverse driving).
It is important to know which exceptions may apply to
you and your operation as well as what criteria must be
met to use the exceptions.
Applies to drivers of motor carriers who:
 Travel within a 100 air-mile radius of their work-reporting
location.
 Return to their work-reporting location within
12 consecutive hours.
Requirements:
 Drivers must not drive more than 11 hours of the
12-hour day.
 Motor carriers must keep time records for 6 months
showing start time, end time, and total number of
on-duty hours for each day.
 Motor carriers must keep records to demonstrate that they
don’t violate the 60/70 hour rules.
Applies to drivers of motor carriers who:
 Travel within a 150 air-mile radius of their work-reporting
location.
 Return to their normal work reporting location each day.
 Drive a vehicle that does not require a CDL to operate.
Requirements:
 Drivers may not drive beyond the 14th hour after coming
on duty 5 days a week or after the 16th hour after coming
on duty 2 days a week.
 Drivers are exempt from keeping a logbook.
 The motor carrier must maintain and retain accurate time
records for 6 months showing start time, end time and total
number on-duty hours for each day.
To qualify for this exception to the 14-consecutive-hour
duty rule, you must meet three conditions:
1.
2.
3.
In the previous 5 on-duty days, you must report to and
be released from duty at your normal work-reporting
location.
You return to your normal work-reporting location on
the day you use the exception and must be released
from duty within 16 hours.
You have not used the exception in the previous
6 days unless you’ve had a 34-hour restart.
Helps satisfy the 10-hour off duty requirement:
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Resting in the sleeper berth for one 10 consecutive hour
period.
10 combined, consecutive hours of sleeper-berth time
and off-duty time that is not broken with any driving or
other on-duty activities.
In a team driving environment, resting in the sleeper
berth for 8 consecutive hours preceded or followed by
2 hours of resting in the passenger seat of a moving
vehicle with no on-duty activities being performed.
Allows you to drive an extra 2 hours under the
following conditions:
1. You encounter unexpected weather, highway, or traffic
conditions.
2. Your run could have been completed in 11 hours if you
had not encountered the unexpected conditions and
you must complete your run without violating the 14hour or 60/70 hour rules.
3. You can’t use the exception for conditions or events
that you or the dispatcher should have known about
and anticipated.
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The hours-of-service regulations are designed to
address driver fatigue.
Following the rules and keeping good records can:
◦ Help you avoid costly citations and fines, or being placed
out of service.
◦ Maintain a low score in CSA’s Hours-of-Service
Compliance BASIC.
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Following the rules may prevent a crash, and possibly
even save a life.
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Common Errors and Violations
Not keeping log current to last change of duty
Not keeping track of hours available
Making mathematical errors
Failing to recognize when in violation
Don’t try to conceal - explain in remarks!
Driver Application
Experience and
Qualifications
As of October 29, 2004, prospective carriers are
required to:
 §391.23(a)(2) Investigate the safety
performance history of all drivers they intend
to hire
 (c)(1) Retain records of these investigations in
the driver investigation history file within
thirty (30) days of employment
 (c)(2) Create a written record for each
previous employer contacted
Previous PreEmployment
Employee Alcohol
and Drug Test
Statement
Safety Performance
History
Previous Employment
History
Which checks the drivers:
• Accident History
• Employment Dates
• Drug and Alcohol
History
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Every twelve months:
◦ Obtain a motor vehicle record (MVR)
◦ Have the driver list his/her violations
◦ Management review
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Keep in driver qualification (DQ) file for
three years from date of completion
Certification of
Violations – Annual
Review of Driving
Record
Hours of Service
Rules
Logging Samples
8
11
5
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Why?
Logs are audited to:
◦ Monitor
◦ Enforce
 Hours of Service compliance and to verify accuracy.
 Supporting documentation is used to audit logs for
accuracy.
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Accident reports
Bills of lading
Cash advance receipts
CVSA reports
Supporting documents are any
Dispatch records
documents kept in the course
of business that can prove or
Fuel receipts
disprove the accuracy of
Fuel receipts
drivers’ logs.
Traffic citations
GPS records
Anything with a date and or time stamp
Retained for six months
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Be satisfied that the vehicle
is in safe operating condition
Review the last vehicle
inspection report
Sign the report (only if defects
or deficiencies were noted)
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Service brakes
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Parking brake
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Steering mechanism
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Lighting devices and
reflectors
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Tires
Horn
Windshield wiper(s)
Rear vision mirror(s)
Wheels and rims
Coupling devices
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Check emergency
equipment:
◦ Fire extinguisher(s)
◦ Spare fuses
◦ Warning devices
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Walk-around
inspection
Signal lights
Final brake system
check
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Check cargo and load securing devices
within first 50 miles of your trip
Whichever occurs first:
 Driver change of duty status
 After driving for 3 hours
 After driving 150 miles
Report required:
 Each day, for each passengercarrying vehicle driven
 Whenever there is a defect or
deficiency to report, for
drivers of all other vehicles
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Service brakes (including trailer brake
connections)
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Parking brake
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Steering mechanism
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Lighting devices and
reflectors
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Tires
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Horn
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Windshield wiper(s)
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Rear-vision mirror(s)
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Coupling devices
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Wheels and rims
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Emergency
equipment
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Identify vehicle
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List defects/deficiencies
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Note if no defects/
deficiencies found
Sign the report
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All defects/deficiencies must be repaired
before vehicle is operated again
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Motor carrier must certify defect/deficiency
was corrected or that no correction was
necessary
Driver notes defect on form
Mechanic or carrier official acts on report,
then signs that repairs were completed or
not necessary
Next driver to pre-trip vehicle reviews
previous DVIR and signs, agreeing with the
mechanic or other carrier official
DVIR with all signatures is submitted to the
carrier
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Motor carrier must
retain original
vehicle inspection
report for at least
three months
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Roadside inspections are a spot-check of
driver and vehicle
Inspections can occur anywhere and at
anytime
Specially trained and certified inspectors
conduct standardized roadside inspections
◦ Any officer can “pull over a truck and write a ticket,”
but only trained officers can conduct roadside
inspections and submit report
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3.5 million roadside inspections are
conducted annually
State troopers and motor carrier enforcement
officers employed by the states are trained
for this inspection process
Primary enforcement tool for the FMCSA
Data from roadside inspections is used
primarily for the CSA program
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Unsafe driving behavior leading to a moving
violation
Failed “sight and sound” test
Inspection Selection System (ISS score)
Accidents
Random selection
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Lights not functioning
Questionable equipment
Driver condition
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Speeding
Following too close
Overweight
Improper lane usage
Unauthorized route
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ISS has three mechanisms
◦ Score
 0 to 100
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Recommendation
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Inspect, Optional, and Pass
CSA information
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Vehicles involved in an accident
◦ Driver not present
◦ Fault not considered
◦ Looking for violations that may have
existed before the crash
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Random selection is the least common reason
for an inspection
Performed only if other criteria is not
available or as a part of a validation process
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Level I Complete driver and vehicle*
Level II Complete driver and vehicle walk-around
Level III Driver only
Level IV Special inspection
Level V Vehicle only*
Level VI Radioactive inspection (complete driver
and vehicle)
NOTE: Driver “screens” are NOT inspections
*Three-month inspection decal may be issued
following these inspections
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Complete inspection of driver and vehicle
Takes 30 to 60 minutes to complete
Begins with driver interview and document
inspection
Complete inspection of vehicle including the
underside of vehicle
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Same as complete driver and vehicle inspection,
except inspector does not physically get under
vehicle
Usually 30 minutes to complete
Inspector will check obvious points of the
vehicle (i.e., lights, tires, etc.)
Can become a complete driver and vehicle
inspection if additional problems are suspected
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Driver credentials and documents are
inspected
Quickest of all six types of inspections
Full cooperation with the
inspector is the right attitude!
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Special inspections are generally used to
gather statistics or to note trends
Local or regional “crack-down” on specific
topics of concern
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Extensive vehicle inspection done at carrier’s
facility without driver present
Inspection of vehicle involved in accident
Report will note violations that existed prior
to the crash
1.
No violations discovered
◦ Roughly 1/3 of vehicle inspections have no violations
◦ CVSA decals are issued for passing a Level 1 or 5
inspection; good for 90 days
2.
3.
Violation(s) discovered, driver and vehicle
allowed to continue (corrections must be made
ASAP)
Violations discovered, driver and/or vehicle
placed out-of-service (OOS)
◦ Cannot leave inspection location until violation
resolved (severe penalty for “jumping” OOS order)
◦ Roughly 20% of vehicles inspected are placed OOS
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Criteria established by Commercial Vehicle
Safety Alliance (CVSA) to get unsafe drivers
and vehicles off the highways
Not tied to “fines”
Driver or vehicle cannot operate until the
cause of the OOS order is corrected
Severe penalties for violating an OOS order
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Under 21
Improper (or no) license
Not medically qualified
Ill or fatigued
Cannot communicate (language)
Driver is disqualified under §383.51 (Lack of Knowledge of the 20 General Areas
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(1) Safe operations regulations.
(2) Safe vehicle control systems.
(3) CMV safety control systems.
(4) Basic control.
(5) Shifting.
(6) Backing.
(7) Visual search.
(8) Communication.
(9) Speed management.
(10) Space management.
(11) Night operation.
(12) Extreme driving conditions.
(13) Hazard perceptions.
(14) Emergency maneuvers.
(15) Skid control and recovery.
(16) Relationship of cargo to vehicle control.
(17) Vehicle inspections.
(18) Hazardous materials.
(19) Mountain driving.
(20) Fatigue and awareness.
◦
Disqualifications of Drivers
or §391.15
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In possession of, or under the influence of
drugs or alcohol
Operating over hours
No logbook when required
False log
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Unsafe condition involving:
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Brakes
Truck or trailer coupling devices
Exhaust
Frame and cross-members
Fuel system
Lights
Cargo securement

Unsafe condition involving:
◦
◦
◦
◦
◦
◦
◦
Steering mechanisms
Suspension systems
Tires
Trailer frame and body
Wheels, rims and hubs
Windshield wipers
Bus exits or wiring

Copies of the completed MCS-63 or ASPEN
inspection report will be provided to:
◦ The driver (to be signed by the carrier and returned)
◦ The officer’s motor carrier enforcement office
◦ The FMCSA for use in data tracking systems


Prescribed inspection report
OOS vehicles:
◦ DO NOT MOVE until repaired
◦ Document repairs
◦ Penalties for drivers who violate

Inspection report form:
◦ Submitted by driver within 24 hours
◦ Any noted defects must be corrected
◦ Carrier signs and returns report to state within 15
days

Copy of reports retained for 12 months
Best practices
 Track ALL roadside inspections for trending
as they are turned in
 Review CSA data monthly
◦ ai.fmcsa.dot.gov/sms

Compare your data to CSA vehicle data to
locate problems or discrepancies
◦ Corrections can be requested at
dataqs.fmca.dot.gov
Compliance Safety
Accountability
Impact &
Overview






What is CSA?
The seven Behavior Analysis and Safety Improvement
Categories (BASICs) and best practices
Overview of the new Safety Measurement System
(SMS)
Federal Motor Carrier Safety Administration (FMCSA)
enforcement , violations, and scoring process
How to read and react to your data
What carriers and drivers can do
to improve CSA scores
SMS:
 Uses seven Behavior Analysis and Safety
Improvement Categories (BASICs) to analyze
carriers
 Measures safety performance using all
safety-based violations discovered during
roadside inspections and interventions
 Violations are weighted based
on relationship to crash risk
(severity) and time

Carrier Safety Measurement System (CSMS)
◦ 24 months on-road performance

Driver Safety Measurement System (DSMS)
◦ 36 months on-road performance

Minimum number of inspections needed:
◦ Unsafe Driving and Hours of Service (3)
◦ Driver Fitness, Vehicle Maintenance, and HM (5)
◦ Crash Indicator (2)

Intervention thresholds were adjusted to
place more emphasis on BASICs that have a
closer relationship to crash
◦ Unsafe Driving,
◦ Hours of Service (HOS) Compliance, and
◦ Crash Indicator







Following too close
Speeding
Lane change
Passing and turning
Careless/reckless
Railroad crossing
Violations must be noted on a roadside
inspection report to get into the system, not
tied to “citations” or “convictions”
Violations are then time-weighted:
Carriers:
◦ 0 to 6 months = 3
◦ 12 to 24 months = 1
Drivers:
◦ 12 to 24 months = 2
◦ 24 to 36 months = 1
Most Common Roadside Violations



Speeding
Failure to use seatbelt
Failure to obey traffic control device
Most Common Audit Violations:


§392.2 Operating in violation of state/local law
§392.6 Scheduling run to necessitate speeding




Under the influence of drugs or alcohol
Possession of alcohol and/or drugs in a CMV
Consumption of alcohol within four hour of
duty
Again, not tied to “citation” or “conviction”
Most Common Roadside Violations:


Possession/use/under influence alcohol – four
hours prior to duty
Driver uses or is in possession of drugs



§382.301 Using a driver before receiving a preemployment result
§382.115 Failing to implement an alcohol/drug
testing program
§382.305 Failing to tests at applicable annual
rate







Operating a CMV when ill or fatigued
11-hour, 14-hour, and 60/70-hour violations
False logs
34-hour restart
Logs not current
Do drivers complete record
of duty status?
Form and manner
SCORE: This measure compared to carriers
with similar number of driver inspections to
determine score




General: Form and Manner
8 hours/30-minute break
Log not current
Over 14 hours




§395.8 No drivers record of duty status
§395.8 False record of duty status
§395.8 Supporting documents not maintained
§395.3 8 hours/30-minute break
How to Prevent an Intervention in this BASIC:






Management commitment to compliant culture
Driver training and retraining
Driver supervisor training and assigned
responsibilities
Driver and supervisor performance tracking
Hours of Service Program Management – Accurate
& complete Log Auditing
Explore E-logs/EOBRs






Allowing driver with more than one
commercial driver’s license (CDL) to drive a
CMV
Operating with a suspended or revoked CDL
Class and endorsement violations
Disqualified driver (Part 391)
Lack of training or experience
Interstate driver under 21 years
of age
SCORE: This measure compared to
carriers with similar number of driver
inspections to determine score
Most Common Roadside Violations in 2011:





No medical certificate in driver's possession
Non-English speaking driver
Expired medical examiner's certificate
Driver lacking valid license
Operating without CDL or proper endorsement



§391.51/53 Inquiries into employment record not
kept in file
§391.51 Failing to maintain driver qualification file on
each driver
§391.11 Using an unqualified driver





Companies hire their own problems
Verify driver qualifications at hire:
◦ Training and/or experience
◦ License
◦ Medical card
◦ Complete DQ file
Track qualifications after hire (tickler system)
Make sure driver remains qualified
Verify qualifications regularly
 Annually/semi-annually/quarterly
 Whenever significant event occurs







Operating CMV with lamps or
reflectors obscured
Conspicuity marking
inadequate
Brakes
Tires
Suspension
Steering
Periodic inspection
SCORE: This measure compared to
carriers with similar number of vehicle
inspections to determine score



Inoperable required lamp
No/defective light
Brake hose chaffing



§396.11 Failing to prepare DVIRs
§396.17 Using a vehicle not periodically (annually)
inspected
§396.3 Failing to maintain maintenance records
on all vehicles






Vehicles well maintained by a competent maintenance
department/contractor
Qualified technicians inspecting and maintaining the
vehicles at regular intervals (not just “fixing when
broke”)
Drivers doing vehicle inspections (pre-trip, enroute, and
post-trip) and addressing problems when found
Sound decisions related to on-road repairs
DVIRs submitted at end of each workday and problems
addressed
Tracking of inspection and maintenance (including
annual), vehicle problems, roadside inspection reports,
and repairs

Not applicable




DOT recordable crashes (preventability is not
a factor - all crashes count)
Severity weighted based on injury or
fatality vs. no injury
“Preventability” and “fault” are not
considered… all DOT recordable crashes are
placed into the Crash BASIC
Score based on comparison
to other carriers’ number
of accidents








Reduce crashes (eliminate preventable crashes)
Effective driver hiring and screening processes (past
performance…)
Driver road testing, training, and retraining
Require defensive and safe driving
Track driver performance
Enforce policies requiring defensive and safe driving
Consider speed limiters, on-board data recorders,
LDWS, and CWS
Accident reporting and analysis to investigate all
crashes, track trends, and fix the problems identified
as trends












Jumping an OOS order (10)
Operating a vehicle while ill, fatigued, or under the
influence (10)
Violating HOS limits (7)
False logs (7)
Driving a CMV while disqualified (6)
Any driver licensing issue (6)
Required light not operating (6)
Defective tires (8)
Suspension defects (7)
Steering system defects (6)
No flags and/or lights on a projecting load (10)
Cargo not secured (10)
Intervention threshold - deficient if over:
•
•
•
•
•
•
•
BASIC
Unsafe Driving
HOS Compliance
Crash
Driver Fitness
Drugs/Alcohol
Vehicle
Maintenance
HM-Related
Passenger
Hazmat
Others
50%
60%
65%
65%
75%
80%
Complaints will still lead to reviews

Interventions:
◦
◦
◦
◦
◦
◦
◦
◦
Warning letter
Targeted roadside enforcement (ISS-D)
Focused off-site investigation
Focused on-site investigation
Comprehensive Review (Compliance Review)
Cooperative (corrective) Safety Plan (CSP)
Notice of Violation
Notice of Claim/Consent Agreement
Avoid “foolish” inspections conducted due to:

A moving violation
◦ Speeding
◦ Other traffic violations

Entering scale with violation
◦ Lights not working
◦ Overweight
DISCLAIMER
Due to the constantly changing nature of government regulations, it is impossible to guarantee the total and absolute accuracy of the
material contained herein or presented. J. J. Keller & Associates, Inc. ®, cannot and does not assume any responsibility for omissions,
errors, misprinting or ambiguity contained. J. J. Keller shall not be held liable in any degree for any loss, damage or injury caused by any
such omission, error, misprinting or ambiguity present. It is made available with the understanding that J. J. Keller is not engaged in
rendering legal, accounting or other professional service. If legal advice or other expert service is required, the services of such a
professional should be sought.

Driver`s DOT Compliance Seminar

Transcription

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