hni u wisconsin state patrol update

Motor Carrier Safety and Compliance

Sgt. Mark J. AbrahamsonWisconsin State Patrol Motor Carrier Enforcement and Investigation Unit

11/19/2015

05/01/2023 2

High Speed VWIM

Lack of compliance/understanding of which of FMCSR’s are applicable to a carriers operation.

Observing intrastate carriers hiring overnight on social media and driving the next day without any “vetting”

Few intrastate carriers are complying with Part 382, 391,395 –large factors in crashes, Part 387 - Class 9 -Motor Vehicle Req. $1M, periodic inspections.

FMCSR’S adopted by Transportation Rule 327 (Effective since 6/01/1987)

Wisconsin did not adopt 49CFRPart383 but we did adopt the interpretative language. We have Ch. 343

SB321 – Ch. 194 Changes

Intrastate Compliance with FMCSR’s

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COMMERCIAL DRIVERS LICENSE

CLASS A: Required if operating a combination with a gross vehicle weight rating, OR actual gross weight OR registered weight exceeding 26,000 pounds and the towed vehicle has a gross vehicle weightrating, actual gross weight or registered weight exceeding 10,000 pounds.

EXAMPLE:TRUCK + TRAILER = TOTAL23,000 11,000 34,000 20,000 11,000 31,00011,400 16,000 27,400

First a carrier needs to determine the GVWR of their units are. Many of the safety regulations are not applicable if under 26,001 GVWR

Trans 327.09 Exemptions. The provisions of s. Trans 327.03 (2) (Part 391 Qualifications) do not apply to the following: Drivers who operate motor vehicles which have a manufacturers' gross vehicle weight rating equal to or less than 26,000 pounds, except that this provision does not apply to vehicles transporting hazardous materials requiring placarding or vehicles transporting 16 or more passengers including the driver

FMCSR’s Applicable to Intrastate Carriers

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First a carrier needs to determine the GVWR of their units are. Many of the safety regulations are not applicable if under 26,001 GVWR

Trans 327.09 Exemptions. The provisions Trans 327.05 (Hours of Service) do not apply to the following:

Trans 327.09(4)(b) Drivers who operate motor vehicles which have a manufacturers' gross vehicle weight rating equal to or less than 26,000 pounds.


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So, if between 10,001lbs GVWR (390.5 definition of CMV) and 26,000lbs GVWR what regulations apply?

Part 390 – Accident Register/USDOT# Part 392 – Alcohol and Controlled Substance

Prohibitions Cellphone Use Restrictions including texting Radar detector prohibition Ill/fatigued operation Cargo Securement


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10,001lbs GVWR to and 26,000lbs GVWR cont. Part 393 – Parts and accessories for Safe

Operation Part 396 – Inspection, Repair, and Maintenance

Push-out window tests (small passenger carriers) Maintenance records DVIR (if defects observed except passenger vehicle) Periodic inspection (may include trailers) Inspector qualifications/ including brake inspector

Part 397 – Hazardous Materials


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FMCSR’s Applicable to Intrastate CarriersWhat if over 26,000lbs GVWR?

Part 40 – Workplace Drug and Alcohol Testing Part 382– Controlled substances and alcohol

use and testing Part 390– Accident Register/USDOT# Part 391 – Driver Qualifications – must meet

most general qualifications. Intrastate must be at least 18 Physically Qualified

Some allowances for diabetes/Vision issues

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FMCSR’s Applicable to Intrastate CarriersOver 26,000lbs GVWR?

391.11(a) A person shall not drive a CMV unless qualified to drive.

Part 391 – Driver Qualifications – cont. Valid CDL List of violations furnished Not disqualified (391.15) Completed road test/certificate Application for employment Employer investigations/inquiries Annual review

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FMCSR’s Applicable to Intrastate CarriersOver 26,000lbs GVWR?

391.11(a) A person shall not drive a CMV unless qualified to drive.

Part 392 – Alcohol and Controlled Substance

Prohibitions Cellphone Use Restrictions including texting Radar detector prohibition Ill/fatigued operation Cargo Securement

Note: Wisconsin Chapter 343 applies to alcohol prohibitions to include not a drop and .04 Prohibited Alcohol Content- invokes 24hr OOS notice also.

Over 26,000lbs GVWR cont. Part 393 – Parts and accessories for Safe

Operation Part 395 – Hours of Service

Trans 327.03(10) Modifies the HOS to 12/16 and 70/7 and 80/8 Did not adopt 395.8 includes form ,manner, graph grid Did not adopt 34hr reset or 30 min break req. 150 air mile radius (next slide)


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Over 26,000lbs GVWR cont. Part 395 – Hours of Service

150 air mile radius The requirement to carry a time record does not do not

apply if: (a) The driver returns to the work reporting location and is released within 12 consecutive hours. (b) At least 10 consecutive hours off duty separate each 12 hours on duty. (c) The driver does not exceed 12 hours maximum driving time following 10 consecutive hours

off duty. (d) The motor carrier that employs the driver maintains and retains for a period of 6 months

accurate and true time records showing: 1. The time the driver reports for duty each day. 2. The total number of hours the driver is on duty each day. 3. The time the driver is released from duty each day.


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Over 26,000lbs GVWR cont. Part 396 – Inspection, Repair, and Maintenance

Push-out window tests (small passenger carriers) Maintenance records DVIR (if defects observed except passenger vehicle) Periodic inspection (may include trailers) Inspector qualifications/ including brake inspector

Part 397 – Hazardous Materials


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Compliance research as shown a positive correlation between compliance and crash

reduction. 21.4% average reduction in crash rates with carriers that had compliance

reviews in 2009 FMCSA study.

Cost to society – Nearly 1.5M per fatality Cost to carriers- Lost profit margins/liability

Carriers that have a pattern of violations and subsequent serious/fatal crashes with common violations as factors have observed large civil judgements.

Why Comply with the FMCSR’s

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On April 24th, 2014 the definition of Common Motor Carrier changed. The change now requires all passenger vehicles that operate “For-Hire” to obtain PC Authority and file insurance.

Limousines, Party buses, Bar buses are a few examples to which are subject to the new requirements. 9-15 Passenger Vehicles operating for compensation

(like above) are subject to parts of the FMCSR’s 16+ Passenger for-hire or private in commerce also are

subject to regulations. FLOWCHART

Passenger Vehicle Requirements

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New Interpretation affecting Passenger Carriers

Question 15: Is a person who operates a custom motorcoach in commerce with a gross vehicle weight rating or gross vehicle weight greater than 26,001 pounds required to have a passenger endorsement for his or her CDL if the vehicle is designed or used to transport less than 16 passengers, including the driver?

Guidance: Yes. The motorcoach is a Heavy Straight Vehicle (Group B) under 49 CFR 383.91 that is designed to transport passengers in commerce. The driver is, therefore, required by § 383.93(b)(2) to have a passenger endorsement.

Passenger Vehicle Requirements

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If you find errors please use the DataQ program Violations that were observed roadside that now

“mysteriously” self correct back at the terminal is will generally not reviewable. (Lights)

The data that affects your score is only as good as what is put in. We want accurate data – no retribution as carriers some time assert.

We make mistakes but are interested in correction and training our staff so it is not repeated with another carrier.

Data Quality Review

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New interstate carriers must be reviewed w/12 months.

Instituted an email notification to new carriers from the State Patrol HQ Inform for Aggressive marketing Correction to MCS150 if really not Interstate Explain the process and time frame for a visit (3mo+)

Had carriers complain about time for being “educated”

New Entrant Program

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WISCONSIN STATE PATROL

Sergeant Mark J. Abrahamson - 920-960-8193

WWW.FMCSA.DOT.GOV • (ETA) Educational Technical Assistance Packet – pdf file

WWW.CVSA.ORG

hni u wisconsin state patrol update

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