Operating a Motor Vehicle Fleet

Basic Guidelines

Overview

Do the Federal Motor Carrier regulations apply to me?

How can I tell if a vehicle is a Commercial Motor Vehicle?

How do I know when I need a driver with a Commercial Motor License?

General Compliance – The Basics

Diver Compliance – The Basics

Disclaimer

The information being shared today provides basic compliance guidance to the Motor Carrier Safety Regulations.

It is not intended to be a substitute for these regulations.

For information on how to purchase a complete copy of the Federal motor Carrier Safety Regulations (FMCSR) please go to http://www.dot.gov/ost/dapc/regulations.

Do the FMCSRS apply to me?

Answer these questions:

1. Do any of your vehicles engage in interstate commerce?

2. Do any of your vehicles weight over 10,001 pounds, ever?

3. Do any of your vehicles weight over 26,001 pounds, ever?

4. Do you haul hazardous materials in quantities requiring placarding?

5. Do you have vehicles that are “designed or used to transport more than 8 passengers (including the driver) for compensation,” (example, small van or bus)?

6. Do you have vehicles that are “designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation,” (example, small van or bus)? (NOTE: It doesn’t matter if there are actually any passengers on the

vehicle or not)

7. If you answered yes to any of the questions, do any of those vehicles cross state lines?

What is a Commercial Motor Vehicle (CMV)? §390.5

Any self propelled or towed vehicle used on public highways in interstate/intrastate commerce to transport passengers or property under one of the following conditions:

– Vehicles has gross vehicle weight rating (GVWR) or gross combination weight rating of 10,001 or more pounds;

– Vehicle is designed to transport more than 15 passengers, including the driver;

– Designed or used to transport more than 8 passengers (including the driver) for compensation; or

– Vehicle is used in the transportation of hazardous materials in a quantity requiring placarding under the Hazardous Materials Transportation Act (HMTA) Regulations.

Do I need a CDL driver?

You need a CDL driver if the driver is:– Operating a vehicle weighting 26,001 or more

– Operating a vehicle requiring placarding

– Operating a vehicle designed or used to transport 15 or more passengers

Helpful definitions & acronyms

Interstate - Involving travel or trade between states of the United States

Intrastate - Referring to travel or commerce that doesn't cross a state line

CDL – Commercial Driver License CMV – Commercial Motor Vehicle FMCSR – Federal Motor Carrier Safety Regulations DOT – Department of Transportation 49 CFR – Part of the federal regulations that

pertains to commercial motor vehicles and their drivers

What does all this mean?

If the vehicle weight is up to 26,000 pounds and – Is NOT transporting hazardous materials requiring

placarding– Is NOT driving a vehicle designed to carry 15 or more

people compliance with all of the safety regulations, with the

exception of the CDL and drug and alcohol testing requirements, is required

the driver does not have to have a CDL

If the vehicle weight is over 26,000 pounds or– is operating a vehicle carrying hazardous materials or

more than 15 passengers, compliance with all of the safety regulations, including

drug and alcohol testing, is required the driver must have a CDL

GENERAL COMPLIANCE – The Basics

49 CFR Part §387

Financial responsibility §387

Must have at least the minimum amount of insurance as found in Sec 387.9 - Schedule of Limits.

The motor carrier must have proper proof at the Company’s principal place of business. §387.7(d) & §387.31(d)

– Your motor vehicle insurance agent should be able to assist you with determining the correct amount of insurance needed and type of proof you must maintain.

Marking vehicles §389.21

Interstate Vehicles– Both sides of the vehicle must be marked with the:

Name of motor carrier or trade name The motor carrier’s identification number

proceeded by USDOT

Intrastate Vehicles– Rules vary widely from state to state, check your

state DOT rules

Interstate & Intrastate – Compliance with both the FMCSA rules for interstate

carriers (§390.21) and the state’s intrastate marking rules is required

Size and shape of markings – Readily legible, during daylight hours, from a distance of 50 feet (15.24 meters) while the CMV is

stationary

– The lettering of the markings contrast in color to that of the vehicle(s)

– Be kept and maintained in a manner that retains the legibility required

Marking rented or leased vehicles

Both sides of the vehicle must be marked with:– your company name as listed on your MCS-

150

– your USDOT number

Before the vehicle is operated on public roads

Accident register §390.15

The following information must be on the accident register: – Time and place of accident– Driver’s name – Number of injuries and fatalities – Hazardous materials released if any (other than

fuel) Maintain for a period of three years after an accident

occurs Maintain copies of all accident reports required by

state or other government entities or insurers for a period of one year after an accident occurs §390.15(b)(2)

DOT Definition: Accident §390.5

Involves a commercial motor vehicle operating on a public road that results in at least one of the following:

– A fatality

– Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident

– Disabling damage to one or more motor vehicles, requiring the vehicle(s) to be towed or otherwise transported from the scene by a tow truck or other vehicle

DRIVER COMPLIANCE –

THE BASICS

§ 391, § 382, §380

Requirements for a driver operating a CMV §391

Be 18 years old for intrastate transportation Be 21 years old for interstate transportation, or when hauling

hazardous materials Speak and read English well enough to do the job Have a driver’s license issued by his/her state, which is valid for

the type of vehicle driven Be physically qualified under 49 CFR 391.41 Not be disqualified from driving a commercial motor vehicle

under Sec. 391.15 Has successfully completed a road test or its equivalent (Sec.

391.31, 391.33) Be able to drive the vehicle safely Has provided a list of violations as required by Sec. 391.27 Know how to property load and secure cargo

Determine if a driver is qualified

Does he/she possess a current, valid medical certificate showing that he or she is physically qualified to drive a commercial motor vehicle?

Check his/her driver’s license

Do an interview (talk to him/her) in English

Give a basic safety quiz in English

Run a Motor Vehicle Report

Give a road test

Give a load securement test

Driver Qualification File (DQ) §391.51

Who must have a Driver Qualification File?– Interstate drivers

CDL & Non-CDL Operating a CMV

– Intrastate drivers Depends on state-specific regulations to

determine applicability

Must be kept at the carrier’s principal place of business for as long as the driver is employed by the carrier and for three years after the driver leaves the carrier’s employ.

What items are required in the DQ file? §391.51

Application for employment (see 49 CFR 391.21 for items required on an application)

Inquiry to previous employers (prior to three years) §391.23

Driving record inquiry to state agencies (prior three years)

Medical examiner’s certificate (§391.43(g))

Copy of medical waiver, if issued (Subpart B, §381.200 & C, §381.300)

Driver’s road test and certificate of road test

– A legible photocopy of a CDL, is an acceptable substitute if the driver was road tested for the class of vehicle the driver will operate. For exceptions see 49 CFR 391.33

Annual driver’s certification of violations for past 12 months (§391.25)

Annual review of driving record showing date and who performed the review (§391.25)

Annual copy of driver’s driving record (§391.27)

Controlled substance testing §382.601

Driver must take part in DOT-regulated controlled substance testing if the driver:– Is required to possess a commercial drivers license

(CDL), and– Operates a commercial motor vehicle, or– Operates a vehicle which requires placards

Tests Required:– Pre-employment testing – Post-accident testing – Random testing – Reasonable suspicion– Return to duty – Follow-up

Controlled Substance Testing

Controlled substances tested for include:

– Marijuana

– Cocaine

– Opiates

– Amphetamines

– Phencyclidine

Responsibilities as a carrier

A carrier:

– Must have written substance abuse policies and procedures

– Must comply with the 50% drug testing & 10% alcohol rules

– Must obtain, pursuant to a driver’s written consent, the driver’s alcohol and drug compliance records from previous employers

– Must provide educational materials to each driver explaining the requirements and employer policies and procedures with respect to drug and alcohol testing (see #1)

– Must ensure all persons who supervise driver receive 60 minutes of training in alcohol and 60 minutes of training on substance abuse as required in Part 382

Must release a driver’s alcohol and drug compliance records to a prospective employer and agencies with regulatory jurisdiction, pursuant to a driver’s written consent

– Requests may be placed in drivers qualification file

Entry-level driver training §380.503

Over one year experience operating such vehicles in interstate commerce; or

Received training in four required areas:

– Driver Qualification Requirements

– Hours of Service

– Driver Wellness

– Whistleblower Protection

A copy of the Entry-Level Driver Training Certificate is retained in the DQ file or personnel file for the duration of employment and for one year thereafter.

LCV (Longer Combination Vehicle) – Driver Training §380.511

All drivers hired to operate Longer Combination Vehicle (LCV) in interstate commerce will either have: – An LCV Driver-Training Certificate as evidence of

successful completion of an LCV driver training course; or

– An LCV Driver-Training Certificate of Grandfathering, showing that the driver is exempt from the training requirements based on experience

All LCV training certificates or certificates of grandfathering are placed in the Driver Qualification files.

Get help with compliance

Carriers are allowed to contract with outside services and consortiums who assist with administration of carrier’s program.

– Frequently contracted services include:

company policy development

random selections

collection site

testing services

Regardless, a carrier:

– Must use a medical review officer (MRO) to review and verify individual controlled substance test results. It is the MRO who must notify the carrier whether a driver’s drug test was positive or negative, and which controlled substance tested positive.

– Is ultimately responsible for compliance.

Summary

1. Federal Motor Carrier regulations apply to your company.

2. Vehicle is a Commercial Motor Vehicle.3. When a driver with a Commercial Motor License is

needed.4. Rules for marking.5. Accident records. 6. Driver Requirements and qualifications.7. Driver qualification files.8. Controlled substance testing and your

responsibility as a carrier.