Commercial Motor Vehicles Safety Regulations An Overview Management Training Department present......

Commercial Motor Vehicles

Safety Regulations An Overview

Management Training Department present . . .

Great Lakes Trade ExpositionJanuary 7, 2009

In 1984 the U.S. Congress passed the Motor Carrier Safety Act. The Act directed the Secretary of Transportation to determine the fitness of all motor carriers operating in interstate commerce.

In 1990 Michigan amended the Michigan Motor Carrier Safety Act (Act 181 of 1963) to adopted these regulations for Michigan motor carriers operating in intrastate commerce.

Act 181 was amended again in October 2005 with significant changes to bring the Michigan into closer compliance with federal regulations.

Introduction

Familiarize Michigan motor carriers with the numerous

safety rules and regulations governing the trucking industry.

Explain record-keeping requirements contained in the regulations.

Prepare motor carriers for a state or federal compliance review.

Goals

The complete text of the rules and regulations discussed in this programs and referenced in this summary study guide are contained in:

The Michigan Vehicle Code

The Michigan Motor Carrier Safety Act (PA 181 of 1963)

The Federal Motor Carrier Safety Regulations (FMCSR)

References

Note: if you transport hazardous materials . . . Compliance with Hazardous Materials Regulations Is required.

Applicability For-hire and private carriers operating commercial motor vehicles in interstate and/or intrastate commerce.

A commercial motor vehicle is:

a single vehicle with a GVWR of 10,001 pounds or more, or

a combination vehicle with GCWR of 10,001 pounds or more, or

any single or combination vehicle with an actual loaded weight of 10,001 pounds or more

Note: Any person who operates a CMV is a driver

Applicability

Transporting passengers in vehicles designed or used to carry 16 or more people including the driver.

Transporting hazardous materials in amount that require the vehicle to be placarded.

Applicability

Michigan Vehicle CodeAct 300 Commercial Driver’s License Standards

Federal Motor Carrier Safety RegulationsPart 390 GeneralPart 391 Qualification of DriversPart 382 Controlled Substance and Alcohol Use TestingPart 392 Driving Commercial Motor VehiclesPart 393 Parts and AccessoriesPart 395 Hours of Service of DriversPart 396 Inspections, Repairs, and Maintenance

Compliance Areas

Act 300 MCLCommercial Driver’s License (CDL)

A Michigan resident requires a CDL if he/she operates a commercial motor vehicle defined as a:

Single VehicleSingle Vehicle having a gross vehicle weight rating (GVWR) of 26,001 pounds

for more. CDL- B, CDL- B, oror

Combination VehicleCombination Vehicle having a gross combination weight rating (GCWR) of 26,001 or more, towing a trailer or other vehicle having a gross vehicle weight rating (GVWR) of 10,001pounds or more. CDL- ACDL- A

Act 300 MCLCommercial Driver’s License (CDL)

Transporting passengers in vehicles designed or used to carry 16 or more people including the driver.

Transporting hazardous materials in amount that require the vehicle to be placarded.

Part 390General

General applicability

General definitions including commercial motor carrier, driver and commercial motor vehicle

No person shall encourage or require a motor carrier or its employees to violate Federal Motor Carrier Safety Regulations (FMCSR).

Any person who violates the FMCSR is subject to civil and criminal penalties.

Accident recording requirements.

Part 390General

Part 390General

Display motor carrier identification on commercial motor vehicles.

The identification must meet the size, color and visibility requirements outline in the FMCSR.

Each commercial motor vehicle (10,001 pounds or more) must be marked on both sides to include:The carrier’s name or trade name.The motor carrier’s USDOT numberIf the name of any other person, other than the operating carrier,

appears on the vehicle, than the operating carrier must, besides meeting the requirements indicated above, the words “operated by” must precede the name of the operating carrier.

Part 390General

Michigan motor carriers operating in interstate or intrastate commerce are required to obtain and display a USDOT number.

Application for the USDOT number may be made over the internet at http://www.safersys.org

Following the application process, the motor carrier’s number will displayed.

The number, preceded by the USDOT must be displayed on both sides of the motor vehicle (power unit). Example: USDOT 123456

IdentificationMichigan Vehicle Code §257.723

All commercial vehicles with a single or combination gross weight rating

or total gross weight of more than 5,000 pounds

Name, city, and state or the registered logo or emblem of the registered

owner of the vehicle, and lessee of the vehicle if the vehicle operated under lease

Painted or permanently attached on each side of the vehicle in letters

of not less than 3 inches in height, not lower than the bottom edge of the door.

Part 391Qualification of Drivers

Requires commercial motor vehicle drivers, operating in iinterstate commerce to meet minimum qualification standards. (Adopted by Michigan for intrastate drivers) Be in good healthBe at least 21 years of age; 18 for intrastate commerceSpeak and read English well enough to perform driver duties and respond to official questions (CVSA out of service criteria)Be able to drive the vehicle safelyBe able to determine if the vehicle is loaded safelyKnow how to block, brace and tie down cargoHave only one valid driver’s licensePass a commercial driver’s road testNot be disqualified to drive a commercial motor vehicle


Requires motor carriers (employers) to:Ensure each driver is fully qualifiedDocument each driver’s qualifications in a driver qualification file Review each drivers qualifications at least annuallyRemove all unqualified drivers from driving positions

Note: An employer who also operates a CMV is a driver and must be qualified as a driver.

A driver . . . is a driver . . .

is a driver !


Driver Qualification File must include:

Application for employment

Inquiries to state agencies during previous 3 years for new drivers

Annual inquiry to state agencies (MVR)

Driver’s annual written report of moving violations

Motor carriers annual written review

Medical examiner’s certificate and/or letters granting waiver

Proof of a road test

Michigan requires a current and legible copy of the driver’s license

FMCSR § 391


Driver Investigation History File

Within 30 days of a driver’s employment an employer must place in the file: Responses from or documentation of a good faith effort to obtain from, all previous employers (DOT regulated) during the previous 3 years: ▪ General employment verification ▪ Accident information as required in § 390.5 & §390.15 ▪ Drug and alcohol testing information (if applicable)

Previous employer’s names and addresses, and dates contacted

FMCSR § 391


Driver RightsBefore an application is submitted, a prospective employer must inform a driver applicant of his/her rights regarding information obtained from previous employers:

The right to review the information obtained from previous employers. The right to receive the requested information within 5 working days of the request.

The right to have information corrected by a previous employers.

The right to have a rebuttal statement attached to alleged erroneous information provided by a previous employer

FMCSR § 391

Part 382Controlled Substance and Alcohol Testing

Effective Date: March 17March 17, 1994

Requires motor carriers (employers) to establish a drug and alcohol testing program and to contract with certified clinics, laboratories, Breathe Alcohol Technicians, Medical Review Officers and Substance Abuse Professionals for testing services.

Requires all interstate and intrastate drivers, operating commercial motor which require a Commercial Driver’s License (CDL), to be tested for controlled substances and alcohol.


Drivers must be tested for controlled substances and alcohol under the following conditions:

pre-employment (controlled substances only)

reasonable cause (suspicion)

random selection

post-accident

back to work (following a positive test result)

follow-up testing (following a positive test result)

Requires employers to refer a driver to a Substance Abuse Professional for clinical evaluation, following a positive test result and drivers are required to seek evaluation.


Requires carriers to ask a driver applicant if he/she ever failed a pre-employment drug test for another employer, where he/she did not

gain employment

Establishes recordkeeping requirements.

Establishes educational requirements for drivers and supervisors.

Requires carriers to obtain drug and alcohol testing information from previous employers for all perspective employees (drivers).

Part 392Driving of Commercial Motor Vehicles

A driver may not drive while under the influence of alcohol, schedule I drugs, amphetamines, narcotics or any substance that causes the driver to drive unsafely.

A driver must ensure his/her vehicle is safe to operate prior to operating.

Requires all emergency equipment is in place and ready to use, and the cargo is properly loaded and secure.

Requirements for the placements of emergency warning devices during stops along the traveled portion of a highway.

Requires drivers to reduce speed or stop driving is he/she has trouble seeing or the road becomes unsafe due to weather conditions.

Seat belt and parking brake requirements.

Part 392Driving of Commercial Motor Vehicles

Safe loading and enroute inspection requirements.

Scheduling of trips to conform with speed limits.

Driver’s requirements to notify the motor carrier (employer) of any revocation or suspension of driving privileges.

Railroad grade crossing requirements.

Transporting of passengers other than employees . . . prohibited.

Use of radar detectors . . . prohibited.

Part 395Hours of Service of Drivers

Establishes limits to the number of hours drivers may work and drive during any daily work period and for any period of 7 or 8 consecutive days.

Establishes minimum rest (off-duty) periods for drivers who have

reached their maximum allowable hours of work or driving.

Requires other compensated work (other jobs) a driver may have to be counted in the total number hours the driver may work.

A driver may not resume driving until he/she has complied with the off-duty requirements.


CMV drivers may not drive:

More than 11 hours, following 10 consecutive hours off-duty.

Beyond the 14th hour after coming on duty, following 10 consecutive hours off-duty.

After 60/70 hours on-duty in 7/8 consecutive days.

A driver may restart the 60/70 hours anytime the driver take 34 consecutive hours off duty.

The 34 hour restart is optional for the motor carrier.

Part 395Part 395Hours of Service of Drivers

A motor carrier may not permit or require a driver to violate and a driver may not violate the requirements this part.

A motor carrier must ensure the the driver’s daily record of duty status (logbook) is accurate, complete and has not been falsified.

All records of time worked (i.e., logbooks, timecards, timesheets) shall be maintained for a minimum of 6 months along with all supporting documents.


100 air mile (logbook) exemption

Drivers of property-carrying CMVs requiring a Commercial Driver'sLicense for operation and who operate within a 100 air-mile radius of their normal work reporting location, and return to the work reporting location each day:

a) May drive a maximum of 11 hours after coming on duty following 10 or more consecutive hours off duty. b Are not required to keep records-of-duty status (RODS). c) May not drive after the 12th hour after coming on duty 5 days a week or after the 16th hour after coming on duty 1 days a week.

Employer must maintain and retain accurate time records (time cards, time sheets, etc) for a period of 6 months showing the time each duty period began, ended, and total hours on duty each day.


Short-Haul Provision

Drivers of property-carrying CMVs which do not require a CommercialDriver's License for operation and who operate within a 150 air-mile radius of their normal work reporting location, and return to the work reporting location each day:

a) May drive a maximum of 11 hours after coming on duty following 10 or more consecutive hours off duty. b) Are not required to keep records-of-duty status (RODS). c) May not drive after the 14th hour after coming on duty 5 days a week or after the 16th hour after coming on duty 2 days a week.

Employer must maintain and retain accurate time records (time cards, time sheets, etc) for a period of 6 months showing the time each duty period began, ended, and total hours on duty each day.


Recordkeeping may take the form of time cards, time sheets, or similar type documents.

100 air mile & short haul documentation

Part 393Parts and Accessories

Parts and accessories necessary for safe operation

A motor carrier cannot operate any commercial motor vehicle unless it is properly equipped.

Commercial motor vehicles having defective of improper equipment are subject being placed out of service.

If a equipment is required, it is required to work


Specific equipment requirements contained in this part include, but are not limited to:

Lighting devices, reflectors and electrical equipment Brakes Fuel systems Coupling devices and towing methods Emergency equipment Wheels, steering and suspension systems Tires Windshield wipers Defrosters Exhaust system Rear impact and under-ride protection Seats and seatbelts


Cargo securement requirements Requires a vehicle to be loaded and equipped, and cargo secured to prevent spillage

Requires cargo to be secured to prevent shifting to an extent that the vehicle’s stability an maneuverability is not adversely affected.

Establishes new minimum tiedown standards, such as:

the number of tiedown used the type of tiedown used the condition of the tiedown used how the tiedown must be used

Establishes requirements for tiedown protection material and use

Requires enroute inspections to ensure cargo is secure

Part 396Inspections, Repair and Maintenance

Every motor carrier shall ensure that all vehicles under it’s control are systematically (regularly) inspected, repaired and maintained, and all parts and accessories are in safe and proper working order at all times.

Motor carrier’s shall maintain a maintenance file for each vehicle under its control for 30 consecutive days or more; for a period of 1 year and for 6 months after the vehicle leaves the carrier’s control. Note: this would include leased vehicles and vehicles owned by employees


A record of maintenance, for each vehicle, must be kept in a vehicle maintenance file.

Each vehicle maintenance file must include:The vehicle’s company number, VIN, make, year, and tire sizes

Written procedures (schedule) indicating the types and due dates of

inspections and maintenance

A record of inspections and maintenance performed

A vehicle lubrication record

Documentation of annual inspections

Documentation of driver’s daily inspection report

If the carrier does not own the vehicle, the file must indicate the name ofthe provider of the vehicle.


Vehicle inspections Motor carriers ensure each CMV, under its control, has passed a periodic (annual) inspection, performed by a qualified inspector.

Drivers must perform and document a vehicle inspection at the end of each day. Carriers must ensure driver compliance.

If a defect is noted, the carrier must determine whether the defect will affect the safe operation of the vehicle, and if so, complete

needed repairs before the vehicle is operated again.The original inspection report and all appropriate signatures shall

be kept in the vehicle maintenance file for a period of at least 3 months. Drivers must, before driving a commercial motor vehicle, be satisfied the

vehicle is in safe operating condition and review the last vehicle inspection report.

Public Act 179 of 2005 amended Act 300 of the Michigan Vehicle Code effective October 20, 2005

Section 257.724 (5)

A driver or owner of a commercial vehicle with other vehicles or trailers in combination, A truck or truck tractor, A truck or truck tractor with other vehicles in combination or any special mobile equipment who fails to stop at or who bypasses any scales or weighing station is guilty of a misdemeanor

If you have questions about trucking regulations, your compliance requirements or available programs andservices, please call our toll-free Truck Safety Hot Lineat (800) 682-4682.

email questions to our staff www.truckingsafety.org

Commercial Motor Vehicles Safety Regulations An Overview Management Training Department present......

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