DOT COMPLIANCEDOT COMPLIANCE

Title 49 Code of Federal Regulations Title 49 Code of Federal Regulations

Why Should you Listen?Why Should you Listen?

42,815 deaths occurred 42,815 deaths occurred on US highways in 2002on US highways in 2002

Commercial vehicle Commercial vehicle travel is expected to travel is expected to increase by about 20 increase by about 20 percent during the next percent during the next 10 years but the capacity 10 years but the capacity of U.S. highways will of U.S. highways will expand only slightly expand only slightly

Training GoalsTraining Goals

Commercial Vehicles Commercial Vehicles Defined & ClassesDefined & Classes

Driver QualificationDriver Qualification Qualification FilesQualification Files Alcohol & Controlled Alcohol & Controlled

Substance TestsSubstance Tests

Marking of CVsMarking of CVs Vehicle InspectionsVehicle Inspections Emergency Emergency

EquipmentEquipment

Federal vs. State ComplianceFederal vs. State Compliance

Interstate CommerceInterstate Commerce

- federal and state requirements- federal and state requirements

Intrastate CommerceIntrastate Commerce

- State and local regulations- State and local regulations

Interstate Commerce vs. Interstate Commerce vs. Intrastate CommerceIntrastate Commerce

Interstate: trade, traffic, or transportation involving Interstate: trade, traffic, or transportation involving the crossing of a state boundarythe crossing of a state boundary

Intrastate: trade, traffic, or transportation within a Intrastate: trade, traffic, or transportation within a single state single state

What is a Commercial Motor What is a Commercial Motor Vehicle (CMV)?Vehicle (CMV)?

Any vehicle with a gross combination vehicle weight Any vehicle with a gross combination vehicle weight rating of 10,001 lbs or more; or rating of 10,001 lbs or more; or

Is designed to transport more than 8 passengers, Is designed to transport more than 8 passengers, including the driver for compensation; or more than 16 including the driver for compensation; or more than 16 passengers for non-compensation; orpassengers for non-compensation; or

Is of any size and is used in the transportation of Is of any size and is used in the transportation of hazardous materialshazardous materials requiring placarding requiring placarding

CMV Classes Requiring a CDLCMV Classes Requiring a CDL Combination vehicle (Class A)Combination vehicle (Class A) - Any combination of - Any combination of

vehicles with a (GCWR) of 26,001 LBS or more vehicles with a (GCWR) of 26,001 LBS or more provided the GVWR of the vehicle(s) being towed is in provided the GVWR of the vehicle(s) being towed is in excess of 10,000 LBS excess of 10,000 LBS

Heavy Straight Vehicle (Class B)Heavy Straight Vehicle (Class B) - Any single vehicle - Any single vehicle with a GVWR of 26,001 LBS or more, or any such with a GVWR of 26,001 LBS or more, or any such vehicle towing a vehicle not in excess of 10,000 LBS vehicle towing a vehicle not in excess of 10,000 LBS GVWR GVWR

Small Vehicle (Class C)Small Vehicle (Class C) - Any single vehicle, or - Any single vehicle, or combination of vehicles, that meets neither the combination of vehicles, that meets neither the definition of Class A nor that of Class B, but that either definition of Class A nor that of Class B, but that either is designed to transport 16 or more passengers is designed to transport 16 or more passengers including the driver, or is used in the transportation of including the driver, or is used in the transportation of materials found to be hazardous which require the materials found to be hazardous which require the motor vehicle to be placarded motor vehicle to be placarded

General Qualification of Persons General Qualification of Persons Operating Vehicles Requiring a CDLOperating Vehicles Requiring a CDL

Is at least 21 years of ageIs at least 21 years of age Can read and speak English sufficientlyCan read and speak English sufficiently Can safely operate the type of CMV to be operatedCan safely operate the type of CMV to be operated Is physically qualified to operate a CMVIs physically qualified to operate a CMV Has a valid CDLHas a valid CDL Has furnished the motor carrier/employer with a list of Has furnished the motor carrier/employer with a list of

traffic violations or certificatetraffic violations or certificate Is not disqualified to operate a CMVIs not disqualified to operate a CMV Has completed a drivers road test or provided Has completed a drivers road test or provided

certificate of road test within previous 3 year time certificate of road test within previous 3 year time periodperiod

Driver Qualification FileDriver Qualification File

Drivers application for Drivers application for employmentemployment

Inquiry to previous Inquiry to previous employers – 3 yearsemployers – 3 years

Inquiry to state agencies Inquiry to state agencies – 3 years– 3 years

Inquiry to State agencies Inquiry to State agencies – Annual– Annual

Annual review of driving Annual review of driving recordrecord

Annual drivers cert. of Annual drivers cert. of violationsviolations

Drivers road test, cert. or Drivers road test, cert. or equivalentequivalent

Medical examinationsMedical examinations Qualification files shall Qualification files shall

be retained for as long be retained for as long as a driver is employed as a driver is employed and for three years and for three years thereafter thereafter

Intermittent, Casual, or Intermittent, Casual, or Occasional DriversOccasional Drivers

Not a regularly employed driver (weekly)Not a regularly employed driver (weekly) Must only obtain name, soc # and type of CDL Must only obtain name, soc # and type of CDL

& issuing state& issuing state Retain records for 3 years after the person’s Retain records for 3 years after the person’s

employmentemployment

Skills Test Grandfathering ProvisionSkills Test Grandfathering Provision

Current licenseCurrent license Good driving recordGood driving record Previously passed an Previously passed an

acceptable skills test; acceptable skills test; or or

Regular employed Regular employed driver prior to driver prior to January 1, 1971January 1, 1971

Good Driving RecordGood Driving Record

A driver can certify that, during the 2-year A driver can certify that, during the 2-year period immediately prior to applying for a CDL period immediately prior to applying for a CDL he/she: he/she:

No more than one license; No more than one license; No license suspended, revoked, or canceled No license suspended, revoked, or canceled

for major disqualifying offenses; for major disqualifying offenses; No violation of State or local law in connection No violation of State or local law in connection

with any traffic accident, and has no record of with any traffic accident, and has no record of an accident in which he/she was at fault an accident in which he/she was at fault

Driving Experience Driving Experience

Regularly employed in a job requiring Regularly employed in a job requiring

operation of CMV operation of CMV Previously taken a behind-the-wheel skills test Previously taken a behind-the-wheel skills test

in a representative vehicle; or in a representative vehicle; or He/she has operated a representative vehicle He/she has operated a representative vehicle

for at least 2 years immediately preceding for at least 2 years immediately preceding application for a CDL application for a CDL

Disqualifying OffensesDisqualifying Offenses

Revocation, suspension, or withdrawal of an Revocation, suspension, or withdrawal of an operator's licenseoperator's license

Driving a CMV while under the influence of Driving a CMV while under the influence of alcohol or controlled drugs alcohol or controlled drugs

Disqualifying Offenses Cont…Disqualifying Offenses Cont…

Transporting or possessing a disqualifying drug or Transporting or possessing a disqualifying drug or controlled substance controlled substance

Leaving the scene of an accident that involves a CMV Leaving the scene of an accident that involves a CMV Using a CMV to commit a felony Using a CMV to commit a felony Using a CMV to violate an Out-of-Service Order Using a CMV to violate an Out-of-Service Order

Alcohol & Controlled Alcohol & Controlled Substance TestsSubstance Tests

Required for an operator of a vehicle requiring Required for an operator of a vehicle requiring a CDLa CDL

Pre employment Pre employment Post accident Post accident RandomRandom Reasonable suspicionReasonable suspicion Return to dutyReturn to duty Follow UpFollow Up

Pre-Employment TestsPre-Employment Tests

No employer shall allow No employer shall allow a driver to perform a a driver to perform a safety sensitive function safety sensitive function until they have received until they have received the negative controlled the negative controlled substance test result substance test result

When re-hiring drivers, When re-hiring drivers, pre-employment tests pre-employment tests must be conductedmust be conducted

Post-Accident TestsPost-Accident Tests

A.S.A.P following an accident involving a commercial A.S.A.P following an accident involving a commercial motor vehicle operating on a public road in commerce, motor vehicle operating on a public road in commerce, each employer shall test for alcohol and controlled each employer shall test for alcohol and controlled substances each surviving driver if the following substances each surviving driver if the following occurred:occurred:

Loss of human lifeLoss of human life Citation for moving traffic violation was issuedCitation for moving traffic violation was issued Bodily damage occurred requiring immediate medical Bodily damage occurred requiring immediate medical

treatmenttreatment One or more MV incurred damage requiring the use of One or more MV incurred damage requiring the use of

a tow trucka tow truck

Random TestsRandom Tests

At a minimum annual percentage rate of 10% of the At a minimum annual percentage rate of 10% of the number of drivers for alcohol testing, and 50% for number of drivers for alcohol testing, and 50% for controlled substances testing controlled substances testing

The random alcohol test must be performed The random alcohol test must be performed immediately prior, during or immediately after a driver immediately prior, during or immediately after a driver

is about to, or has performed a safety sensitive functionis about to, or has performed a safety sensitive function

Reasonable SuspicionReasonable Suspicion

An employer shall require a driver to submit to an An employer shall require a driver to submit to an alcohol and/or controlled substance test when the alcohol and/or controlled substance test when the employer has reasonable suspicion to believe that the employer has reasonable suspicion to believe that the driver has violated the prohibitions concerning alcohol driver has violated the prohibitions concerning alcohol and/or controlled substances and/or controlled substances

The required observations shall be made by a The required observations shall be made by a supervisor or company official who is trained in supervisor or company official who is trained in accordance with 382.603 accordance with 382.603

Return to Duty TestsReturn to Duty Tests

Before a driver returns to duty of a safety Before a driver returns to duty of a safety sensitive function, the driver shall undergo a sensitive function, the driver shall undergo a return-to-duty alcohol test with a result return-to-duty alcohol test with a result indicating an alcohol concentration of less than indicating an alcohol concentration of less than 0.02 and/or the driver shall undergo a return-0.02 and/or the driver shall undergo a return-to-duty controlled substances test with a result to-duty controlled substances test with a result indicating a verified negative result for indicating a verified negative result for controlled substances use controlled substances use

Follow-up TestsFollow-up Tests

A minimum of six tests must be conducted in the first A minimum of six tests must be conducted in the first 12 months, and the driver may be subject to this test 12 months, and the driver may be subject to this test

for a maximum of 60 monthsfor a maximum of 60 months

Location of Alcohol & Drug Test Location of Alcohol & Drug Test RecordsRecords

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

Marking of Commercial Marking of Commercial VehiclesVehicles

Name of the commercial Name of the commercial motor carriermotor carrier

City and state in which City and state in which the commercial motor the commercial motor carrier maintains its carrier maintains its principle place of principle place of businessbusiness

Motor carrier identification Motor carrier identification #, preceded by the letters #, preceded by the letters “USDOT”“USDOT”

Marking cont…Marking cont…

Marking must appear on both sides of CVMarking must appear on both sides of CV Must be in letters that contrast sharply in color Must be in letters that contrast sharply in color

with the background vehicle colorwith the background vehicle color Must be readily legible from 50 feetMust be readily legible from 50 feet Markings can be painted or may consist of a Markings can be painted or may consist of a

removable deviceremovable device

Driver Vehicle Inspection Driver Vehicle Inspection ReportsReports

• To be completed by the driver at the To be completed by the driver at the completion of each day’s work on each completion of each day’s work on each vehicle operatedvehicle operated

• Report must identify the MV and list any Report must identify the MV and list any defects. If no defects were found, the defects. If no defects were found, the report must indicate report must indicate

• Maintain for 90 daysMaintain for 90 days

Parts to be InspectedParts to be Inspected

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

Inspection Before DrivingInspection Before Driving

Driver must be satisfied that the MV is in safe Driver must be satisfied that the MV is in safe operating conditionoperating condition

Review the last vehicle inspection reportReview the last vehicle inspection report Sign the report, only if defects were noted by Sign the report, only if defects were noted by

the driver who prepared the report, to the driver who prepared the report, to acknowledge that the required repairs were acknowledge that the required repairs were performedperformed

Other Required InspectionsOther Required Inspections

Systematic inspection, repair and maintenance Systematic inspection, repair and maintenance

- maintain for 1 year or 6 months after MV - maintain for 1 year or 6 months after MV leaves motor carriers controlleaves motor carriers control

Periodic inspections (annually)Periodic inspections (annually)

- full vehicle inspection - full vehicle inspection

- inspection sticker- inspection sticker

100 Air-Mile Radius Exemption100 Air-Mile Radius Exemption

A driver is exempt from maintaining the driver's daily A driver is exempt from maintaining the driver's daily log requirements if all of the following are true: log requirements if all of the following are true:

The driver operates within a 100 air-mile radius of the The driver operates within a 100 air-mile radius of the normal work reporting location normal work reporting location

The driver returns to the work reporting location and is The driver returns to the work reporting location and is released from work within 12 consecutive hours released from work within 12 consecutive hours

Each 12 hours on duty are separated by at least: Each 12 hours on duty are separated by at least: 10 consecutive hours off duty for property-carrying 10 consecutive hours off duty for property-carrying

driversdrivers

100 Air-Mile Radius Cont..100 Air-Mile Radius Cont.. The driver does not exceed a maximum of: The driver does not exceed a maximum of:

11 hours driving time following 10 11 hours driving time following 10 consecutive hours off duty for property-consecutive hours off duty for property-carrying drivers carrying drivers

100 Air Mile Radius Cont…100 Air Mile Radius Cont…

Motor carrier maintains and retains for a period of six months Motor carrier maintains and retains for a period of six months accurate and true time records that show: accurate and true time records that show:

The time the driver reports for duty each day; The time the driver reports for duty each day; The total number of hours the driver is on duty each The total number of hours the driver is on duty each

day; day; The time the driver is released from duty each day; The time the driver is released from duty each day;

and and The total time for the preceding 7 days for first-time The total time for the preceding 7 days for first-time

or intermittent drivers.or intermittent drivers.

Emergency EquipmentEmergency Equipment

Mounted fire Mounted fire extinguisherextinguisher

UL rating 2 of 10 B:C UL rating 2 of 10 B:C or more – Hazardous or more – Hazardous MaterialsMaterials

UL rating 2 of 5 B:C UL rating 2 of 5 B:C or more – Non or more – Non HazardousHazardous

Emergency Equip. Cont…Emergency Equip. Cont…

Spare FusesSpare Fuses Warning DevicesWarning Devices

Emergency FlaresEmergency Flares Emergency LanternsEmergency Lanterns Emergency ReflectorsEmergency Reflectors Emergency TrianglesEmergency Triangles

Questions?Questions?

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