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DOT Compliance & Safety News - Archive Page


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DOT Proposes Use of Electronic Logbooks to Improve Efficiency, Safety in Commercial Bus & Truck Industries

 

Updated rule would slash highest federal paperwork burden after taxes and prevent fatigued drivers

 

WASHINGTON - The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) today announced a proposal to require interstate commercial truck and bus companies to use Electronic Logging Devices (ELDs) in their vehicles to improve compliance with the safety rules that govern the number of hours a driver can work.
The proposed rulemaking would significantly reduce the paperwork burden associated with hours-of-service recordkeeping for interstate truck and bus drivers - the largest in the federal government following tax-related filings - and improve the quality of logbook data.

 

"Today's proposal will improve safety while helping businesses by cutting unnecessary paperwork - exactly the type of government streamlining President Obama called for in his State of the Union address," said Transportation Secretary Anthony Foxx. "By leveraging innovative technology with Electronic Logging Devices, we have the opportunity to save lives and boost efficiency for both motor carriers and safety inspectors."

 

The proposed rule will ultimately reduce hours-of-service violations by making it more difficult for drivers to misrepresent their time on logbooks and avoid detection by FMCSA and law enforcement personnel. Analysis shows it will also help reduce crashes by fatigued drivers and prevent approximately 20 fatalities and 434 injuries each year for an annual safety benefit of $394.8 million.

 

"By implementing Electronic Logging Devices, we will advance our mission to increase safety and prevent fatigued drivers from getting behind the wheel," said Federal Motor Carrier Safety Administrator Anne S. Ferro. "With broad support from safety advocates, carriers and members of Congress, we are committed to achieving this important step in the commercial bus and truck industries."

 

The Supplemental Notice of Proposed Rulemaking, which was sent to the Federal Register to publish on March 12, supersedes a prior 2011 Notice of Proposed Rulemaking related to electronic on-board recorders. It includes provisions to:

 

• Respect driver privacy by ensuring that ELD records continue to reside with the motor carriers and drivers. Electronic logs will continue to only be made available to FMCSA personnel or law enforcement during roadside inspections, compliance reviews and post-crash investigations.

 

• Protect drivers from harassment through an explicit prohibition on harassment by a motor carrier owner towards a driver using information from an ELD. It will also establish a procedure for filing a harassment complaint and creates a maximum civil penalty of up to $11,000 for a motor carrier that engages in harassment of a driver that leads to an hours-of-service violation or the driver operating a vehicle when they are so fatigued or ill it compromises safety. The proposal will also ensure that drivers continue to have access to their own records and require ELDs to include a mute function to protect against disruptions during sleeper berth periods.


• Increase efficiency for law enforcement personnel and inspectors who review driver logbooks by making it more difficult for a driver to cheat when submitting their records of duty status and ensuring the electronic logs can be displayed and reviewed electronically, or printed, with potential violations flagged.

 

In developing the updated proposal, FMCSA relied on input from its Motor Carrier Safety Advisory Committee, feedback from two public listening sessions and comments filed during an extended period following the 2011 proposed rule. The proposal also incorporates the mandates included in the most recent transportation bill, the Moving Ahead for Progress in the 21st Century (MAP-21) Act, and other statutes.

 

Impaired driving, including fatigue, was listed as a factor in more than 12 percent of the 129,120 total crashes that involved large trucks or buses in 2012.

 

New federal regulations designed to improve safety for the motoring public by reducing the risk of truck driver fatigue took effect on July 1, 2013: http://www.fmcsa.dot.gov/about/news/news-releases/2013/fmcsa-40-13.aspx.
On August 1, 2013, the Obama Administration announced another proposal to eliminate a burdensome daily paperwork requirement for professional truck drivers, daily vehicle inspection reports, and reduce costs to the industry by an estimated $1.7 billion annually while maintaining safety standards: http://www.fmcsa.dot.gov/about/news/news-releases/2013/FMCSA-46-13.aspx.

 

For more information on the Supplemental Notice of Proposed Rulemaking on Electronic Logging Devices, see: www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/rule-programs/rule_making_details.aspx?ruleid=475

 

 

FMCSA Proposes National Drug and Alcohol Testing Clearinghouse for Commercial Truck and Bus Drivers

 

Employers would be required to check clearinghouse before hiring and annually

 

WASHINGTON - The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) today announced a proposed rule to establish a drug and alcohol clearinghouse for all national commercial driver's license (CDL) holders. The clearinghouse would help improve roadway safety by making it easier to determine whether a truck or bus driver is prohibited from operating a commercial motor vehicle for failing to comply with federal drug and alcohol regulations, including mandatory testing.

 

"Safety is our highest priority, and we will continue to embrace new tools and opportunities that protect the travelers on our nation's roads," said U.S. Transportation Secretary Anthony Foxx. "Today's proposal will help ensure dangerous drivers stay off the road, while encouraging the employment of the many safe drivers who follow our drug and alcohol requirements."

 

Current federal regulations require employers to conduct mandatory pre-employment screening of a CDL driver's qualifications based upon his or her driving record. However, there has not been a single federal repository recording positive drug and alcohol tests by CDL holders that employers would be able to search to ensure that the driver is able to perform safety-sensitive duties.

 

The proposed rule announced today would create such a repository and require employers to conduct pre-employment searches for all new CDL drivers and annual searches on current drivers.

 

"We are leveraging technology to create a one-stop verification point to help companies hire drug and alcohol-free drivers," said FMCSA Administrator Anne S. Ferro. "This proposal moves us further down the road toward improving safety for truck and bus companies, commercial drivers and the motoring public everywhere."

 

Under the proposed rule announced today, FMCSA-regulated truck and bus companies, Medical Review Officers, Substance Abuse Professionals, and private, third party USDOT drug and alcohol testing laboratories would be required to record information about a driver who:

  • Fails a drug and/or alcohol test;
  • Refuses to submit to a drug and/or alcohol test; and
  • Successfully completes a substance abuse program and is legally qualified to return to duty.

 

Private, third-party USDOT drug and alcohol testing laboratories also would be required to report summary information annually. This information would be used to help identify companies that do not have a testing program.
To ensure the privacy of drivers involved, each CDL holder would need to provide his or her consent, before an employer could access the clearinghouse.

 

Drivers who refuse to provide this information could still be employed by the truck or bus company; however, they could not occupy safety-sensitive positions, such as operating a commercial motor vehicle.

 

It is a violation of federal regulations to drive a truck or bus under the influence of controlled substances or alcohol. Federal safety regulations require that truck and bus companies that employ CDL drivers conduct random drug and alcohol testing programs. Carriers must randomly test 10 percent of their CDL drivers for alcohol and 50 percent of their CDL drivers for drugs each year.

 

For each of the past three years, federal and state safety inspectors have conducted approximately 3.5 million random roadside inspections of commercial vehicles and of their drivers.

 

In 2013, on 2,095 occasions, or in 0.23 percent of the unannounced inspections, a CDL holder was immediately placed out-of-service and cited for violating federal regulations governing alcohol consumption. In 2012, FMCSA records show that there were 2,494 violations of this regulation.

 

In 2013, on 1,240 occasions, or in 0.13 percent of the unannounced inspections, a CDL holder was placed immediately out-of-service and cited for violating federal regulations governing controlled substances. In 2012, FMCSA records show that there were 1,139 violations of this regulation.

 

In addition to random testing, truck and bus companies are further required to perform drug and alcohol testing on new hires, drivers involved in significant crashes, and whenever a supervisor suspects a driver of using drugs or alcohol while at work.

 

The proposed rule announced today was directed by Congress in the most recent transportation bill, the Moving Ahead for Progress in the 21st Century Act.

 

For a copy of the Federal Register announcement, see:

www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/rule-programs/rule_making_details.aspx?ruleid=471

 

 

FMCSA Finalizes Rule to Shut Down Carriers based on Patterns of Safety Violations

 

Next week, the Federal Motor Carrier Safety Administration (FMCSA) will publish a Patterns of Safety Violations Rule which implements the agency’s authority to shut down a bus or truck company if the company, or a company officer, has a history of purposely violating federal safety regulations. The rule is one of the new enforcement tools that the agency has developed in recent years to target high-risk carriers that endanger travelers by avoiding or covering up their negative history of safety compliance. FMCSA intends to apply the rule in egregious cases in which it finds that a motor carrier has committed a pattern of unsafe practices, even if that particular investigation alone does not result in a downgrade of the carrier’s safety fitness rating. The new rule complements a rule adopted by the agency in 2012 to apply out-of-service orders to reincarnated or chameleon carriers and to consolidate their enforcement histories. Today’s rule goes one step further by authorizing a complete revocation of the motor carrier’s authority to operate.

 

For a copy of the Federal Register announcement, see: http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/rule-programs/rule_making_details.aspx?ruleid=470.

 

FMCSA Announces One-Year Extension of Paper Medical Certificate Requirement for Commercial Bus and Truck Drivers

 

The Federal Motor Carrier Administration (FMCSA) today announced that it is extending by one year, until Jan. 30, 2015, a requirement that interstate commercial driver’s license (CDL) holders retain paper copies of their medical examiner’s certificate and continue to make the document available for review upon request at the roadside by federal and state commercial motor vehicle inspectors. In Dec. 2008, FMCSA issued a Final Rule modernizing, streamlining, and simplifying recordkeeping obligations for drivers, carriers and state governments by requiring that a driver’s medical certification record be merged with state-issued CDLs. States received support from FMCSA to implement the necessary IT system upgrades and merge the records into one, online database – the Commercial Driver’s License Information System (CDLIS). FMCSA announced the one-year extension today to protect commercial drivers from being cited for violations because some states are not yet in full compliance with the new system.

 

FMCSA's Moving Fraud Task Force Shuts Down Five Companies in One Week
Investigators suspend web of related movers in Florida and South Carolina

 

WASHINGTON - The Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) announced today that its Moving Fraud Task Force has shut down five household goods moving companies in Florida, South Carolina and Maryland for holding customer shipments hostage and failing to turn over records related to their investigations.

 

"The last thing families should have to worry about during a move is whether or not their goods will be held hostage by a dishonest moving company," said U.S. Transportation Secretary Anthony Foxx. "FMCSA's moving fraud investigators are cracking down on movers that take advantage of unsuspecting customers and working hard to educate families on how to avoid them in the first place."

 

The five movers who lost their authority to operate:

  • Allegiant Van Lines, Inc., USDOT No. 1712687, based in Davie, Fla
  • Northern Van Lines, Inc., USDOT No. 1147457, based in Cooper City, Fla
  • Northeastern Vanlines, Inc., USDOT No. 1212003, based in Pembroke Pines, Fla
  • United West Moving and Storage, Inc., USDOT No. 1827150, based in Anderson, S.C.
  • Direct Movers, Inc., USDOT No. 1666092, based in Pikesville, Md.

FMCSA's Moving Fraud Task Force began investigating Allegiant Van Lines, Inc. in response to consumer complaints that the company illegally held customers' possessions hostage. The company failed to respond to federal orders charging it with improperly holding hostage goods. The company has been suspended from operating for at least one year. In addition, it has been issued fines of over $88,000 for safety and commercial violations.

 

During the course of the investigation into Allegiant, FMCSA discovered the company's owner also operated Northern Van Lines, Inc. and Northeastern Vanlines, Inc. of Florida, and United West Moving and Storage, Inc. of South Carolina. Combined, more than 100 complaints have been filed against the three related companies in the National Consumer Complaint Database. They now face fines of over $31,000 total and have also been suspended from operating for at least one year.

 

Maryland-based Direct Movers, Inc. was also shut down, and their DOT No. inactivated, for failing to comply with an FMCSA demand for records involving a shipment being held hostage.

 

"FMCSA investigators are using new tactics to protect people from the predatory companies looking for ways to exploit them," said Federal Motor Carrier Safety Administrator Anne S. Ferro. "We encourage anyone planning a move to avoid becoming a victim by learning the red flags of moving fraud and researching any prospective mover's complaint history on our website."

 

In 2012, FMCSA established a Moving Fraud Task Force to investigate household goods moving companies with numerous complaints.

 

In July of this year, FMCSA announced that civil penalties of up to $56,000 had been levied against three Chicago-area moving companies as a result of an intensified investigation into Illinois movers.

 

More than 5,800 household goods moving companies are registered with FMCSA. In 2012, FMCSA received more than 3,100 consumer complaints about household goods movers, up from 2,851 in 2011. Among the most common complaints are shipments being held hostage, loss and damaged goods, delay of shipments, unauthorized movers, and deceptive practices such as unwarranted overcharges.

 

Consumers can report unsafe and unlawful moving companies by calling FMCSA's nationwide complaint hotline at 1-888-368-7238 (1-888 DOT-SAFT) or by visiting the database at http://nccdb.fmcsa.dot.gov.

 

Consumers can visit www.protectyourmove.gov  to find out more about the "red flags" of moving fraud.

 

 

Federal Motor Carrier Safety Administration Releases New Study Outlining Opportunities for Returning Veterans


Experienced military truck and bus drivers will more easily be able to obtain civilian commercial driver‘s licenses under proposed FMCSA regulatory changes.

 

WASHINGTON -- A new study released today by the U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) recommended a series of regulatory changes to further ease the transition of military personnel and veterans into much-needed civilian jobs driving commercial motor vehicles. In releasing the study, FMCSA also announced plans to implement the changes as soon as possible.

 

"Our military men and women make tremendous sacrifices in service to our nation, and helping veterans transition to the civilian workforce when they come home is just one way to show our gratitude," said U.S. Transportation Secretary Anthony Foxx. "Today's report builds on the work FMCSA has already accomplished on behalf of our veterans and outlines opportunities to help even more qualify for jobs based on the skills and training they receive in the armed forces."

 

The study, which was directed by Congress in the Moving Ahead for Progress in the 21 Century Act (MAP-21) one year ago, analyzed training, testing and licensing similarities and differences between military and civilian commercial driver's license (CDL) requirements. A number of federal and state regulatory changes were identified that would not adversely impact safety but would allow returning U.S. military personnel possessing extensive training and experience operating trucks, buses and other heavy equipment to more easily and conveniently receive a state-issued CDL.

 

The opportunities outlined in the report require formal rulemaking action, which FMCSA will initiate this year. The proposed changes include:

 

  • Extending the period of time, from 90 days to one year, in which an active duty and recently separated veterans can take advantage of a Military Skills Test Waiver. The waiver, which FMCSA first implemented in 2011, allows states to waive CDL skills tests for service members with two years of safe driving experience with similar vehicles. Today, 46 states and Washington, D.C. offer the waiver, which has already provided almost 2,000 military personnel a quicker pathway to a job;
  • Updating federal regulations to allow over 60,000 service members trained and employed in the operation of heavy vehicles, many of which are nearly identical to civilian commercial motor vehicles, to immediately qualify for a CDL while still on active duty; and
  • Allowing a service member who is stationed in one state, but licensed in another, to obtain a CDL before being discharged.

"The demand for truck drivers will continue to rise in the coming years, so we are taking action to remove the obstacles that prevent military veterans from finding employment in the industry," said Federal Motor Carrier Safety Administrator Anne S. Ferro. "The men and women who serve in uniform commit their lives to protecting our country -- in many cases by operating heavy vehicles -- and there are no better credentials for becoming a safe truck or bus driver."

 

FMCSA will continue to explore other ways to ease the transition from military occupations to jobs requiring CDLs, including waiving the requirements for pre-employment drug testing for recently discharged military personnel based on their recent participation in random drug testing programs run by the military.

In August, FMCSA announced almost $1 million in grants to six colleges to help increase enrollment in commercial motor vehicle training programs, making it easier for veterans and their spouses to obtain CDLs and find transportation jobs. These grants are in addition to similar funding awards made by FMCSA two years ago.

 

The agency also granted a petition from Virginia in May to allow their military bases to be certified as third-party testers of military personnel for CDL knowledge and skills tests. New Mexico and Wisconsin are preparing to follow suit.

 

From 2010 to 2020, the need for heavy-vehicle drivers is expected to grow by more than 17 percent -- faster than the national average for other occupations. Jobs as city, tour and school bus drivers, as well as light truck or delivery services drivers, are expected to continue growing at the national average.
A copy of the study is available here.

 

 

 

FMCSA Shuts Down North Carolina Trucking Company as an Imminent Hazard to Public Safety


WASHINGTON - The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) has ordered a Cherryville, N.C.-based trucking company, owned by Rocky Lee Brown and doing business as Moonlight Express, USDOT No. 2403330, to immediately cease operations, declaring the company to be an imminent hazard to public safety. Moonlight Express operates a small fleet of trucks transporting general freight.

 

“Safety is our highest priority,” said U.S. Transportation Secretary Anthony Foxx. “We will continue to use every means available to prevent unsafe commercial carriers and drivers from recklessly endangering the public.”
An investigation of Moonlight Express conducted by FMCSA safety investigators in October found that the company owner, Rocky Lee Brown, had failed to comply with multiple regulations ranging from the safety of his vehicles to the proper monitoring of his drivers.

 

he five trucks operated by Moonlight Express failed to meet minimum safety standards, and the company did not systematically inspect, repair or maintain its vehicles as required by federal safety regulations.
Investigators found that the company failed to ensure its drivers were properly qualified. On multiple instances, a driver with a suspended commercial driver’s license had been allowed to operate a commercial motor vehicle. The company did not ensure that its drivers complied with federal hours-of-service regulations designed to prevent fatigue, including limitations on daily driving and maximum on-duty hours.

 

The investigation also revealed that Moonlight Express had failed to comply with federally required random testing of drivers for controlled substances and alcohol use. Drivers had been dispatched before negative pre-employment controlled substance test results had been received as mandated by federal statute.

 

“We will continue to have zero tolerance for commercial truck and bus operators and their drivers who choose to ignore critical safety regulations that protect every traveler on our roadways,” said Federal Motor Carrier Safety Administrator Anne S. Ferro. “Knowingly operating an unsafe vehicle or failing to comply with driver safety regulations puts the entire motoring public at risk.”

 

Since the beginning of 2013, FMCSA has issued out-of-service orders to a total of 11 trucking companies and 26 bus companies. The agency has also declared 10 commercial driver's license holders as imminent hazards, blocking them from operating in interstate commerce.

 

A copy of the imminent hazard out-of-service order can be viewed at: www.fmcsa.dot.gov/documents/about/news/2013/MoonlightExpress.pdf

 


Enforcement Policy – Court Decision on the 30-Minute Rest Break Provision

BACKGROUND:
HOS Final Rule

 

On December 27, 2011 (76 FR 81133), FMCSA published a final rule amending its hours-of-service (HOS) regulations for drivers of property-carrying commercial motor vehicles (CMVs). The final rule adopted several changes to the HOS regulations, including a new provision requiring drivers to take a rest break during the work day under certain circumstances. Drivers may drive a CMV only if 8 hours or less have passed since the end of the driver’s last off-duty or sleeper-berth period of at least 30 minutes. FMCSA did not specify when drivers must take the 30-minute break, but the rule requires that they wait no longer than 8 hours after the last off-duty or sleeper-berth period of that length or longer to take the break. Drivers who already take shorter breaks during the work day could comply with the rule by taking one of the shorter breaks and extending it to 30 minutes. The new requirement took effect on July 1, 2013.

 

Court Decision

 

On August 2, 2013, the U.S. Court of Appeals for the District of Columbia Circuit issued its ruling on the Hours of Service litigation brought by the American Trucking Associations and Public Citizen. The Court upheld the 2011 Hours of Service regulations in all aspects except for the 30-minute break provision as it applies to short haul drivers. While the decision does not officially take effect until the mandate is issued 52 days after the decision (unless a party files a petition for rehearing, either by the panel or en banc, or moves to stay the mandate pending the filing of a petition for certiorari in the Supreme Court), FMCSA announces the Agency will immediately cease enforcement of the 30-minute rest break provision of the HOS rule against short-haul operations.

 

The Agency requests that its State enforcement partners also cease enforcement of this provision. States that do so will not be found in violation of the Motor Carrier Safety Assistance Program (MCSAP).

 

ENFORCEMENT POLICY

 

Effective August 2, 2013, FMCSA will no longer enforce 49 CFR 395.3(a)(3)(ii) against any driver that qualifies for either of the "short haul operations" exceptions outlined in 49 CFR 395.1(e)(1) or (2). The Agency requests that State and local enforcement agencies also refrain from enforcing the 30-minute rest break against these drivers. Specifically, the following drivers would not be subject to the 30-minute break requirement:

 

  • All drivers (CDL and non-CDL) that operate within 100 air-miles of their normal work reporting location and satisfy the time limitations and recordkeeping requirements of 395.1(e)(1).
  • Non-CDL drivers that operate within a 150 air-mile radius of the location where the driver reports for duty and satisfy the time limitations and recordkeeping requirements of 395.1(e)(2).
  • FMCSA will also be initiating a rulemaking to include text in the HOS regulations noting that the 30 minute break provisions do not apply to short haul drivers.

 

FMCSA Shuts Down Florida-based McRea Transportation, Inc.

 

WASHINGTON - The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) today announced that Hialeah, Fla.-based McRea Transportation, Inc. (USDOT No. 1838244), one of two unrelated bus companies that had stranded New York City-bound passengers in Virginia following a mechanical breakdown last month, has been declared an imminent hazard to public safety and ordered to cease all operations. The company was served the federal orders July 24, 2013.

 

“There is no place on our highways and roads for bus operators who disregard safety,” said U.S. Transportation Secretary Anthony Foxx. “Passengers should be able to trust that the company they use will be able to get them to their destination in a safe and timely manner.”

 

McRea Transportation operated a small fleet of motorcoaches and had recently conducted passenger services for a tour provider between Atlanta and New York City.

 

On July 11, 2013, a McRea Transportation motorcoach broke-down in Northampton County, N.C., along Interstate 85 at 2:30 a.m. Fifty passengers were later transported to a Virginia welcome center by state law enforcement officers where they waited approximately 10 hours for a replacement motorcoach to arrive.

 

On July 15, 2013, FMCSA safety investigators launched an investigation of McRea Transportation and found that the company owners failed to monitor and ensure that its drivers complied with federal hours-of-service requirements and controlled substances and alcohol use testing regulations. Drivers’ duty status records books were also falsified in an attempt to operate a 50-passenger motorcoach on a trip from New York City to Atlanta.

 

Investigators also found that McRea Transportation had failed to repair vehicle deficiencies thereby posing an ongoing and imminent hazard to the public. A copy of the McRea Imminent Hazard Out-of-Service Order can be viewed at www.fmcsa.dot.gov/documents/about/news/2013/McReaTransportationInc.pdf

 

“Safety is our highest priority and we charge every bus or trucking company to make it their number-one priority as well,” said FMCSA Administrator Anne S. Ferro. “Every driver and every passenger deserves to reach their destination safely. Companies that needlessly place the traveling public at risk will be shut down.”

 

This action becomes the 17th out-of-service order issued by FMCSA since the deployment in April 2013 of more than 50 "Operation Quick Strike" safety investigators targeting high-risk passenger carriers.

 

In the past three months, FMCSA has also revoked the operating authority of ten additional bus companies following compliance review investigations that resulted in an “unsatisfactory” safety rating.

 

Since the beginning of 2013, FMCSA has issued out-of-service orders to a total of 24 bus companies and nine trucking companies. The agency has also declared seven commercial driver's license holders as imminent hazards, blocking them from operating in interstate commerce.
________________________________________
As part of FMCSA's work to make safety data readily available to the traveling public, the SaferBus mobile app gives bus riders a quick and free way to review a bus company's safety record before buying a ticket or booking group travel. The SaferBus app, available for iPhone, iPad and Android phone users, can be downloaded for free by visiting FMCSA's “Look Before You Book” webpage at www.fmcsa.dot.gov/saferbus.

 

Travelers planning a bus trip are also encouraged to think safety first before buying a ticket or chartering a bus by using FMCSA's multilingual passenger carrier safety checklist at: http://www.fmcsa.dot.gov/safety-security/pcs/Index.aspx

 

FMCSA urges consumers and whistleblowers to report any unsafe bus company, vehicle or driver to the agency through a toll free hotline 1-888-DOT-SAFT (1-888-368-7238) or FMCSA's consumer complaint web site: http://nccdb.fmcsa.dot.gov/HomePage.asp

 

Consumers who bought a ticket on a bus company that FMCSA has recently placed out-of-service may be entitled to a credit from their credit card company under the Fair Credit Billing Act if they paid for the ticket by credit card. For more information visit: http://www.fmcsa.dot.gov/safety-security/pcs/bus-credit-refund.aspx


 

US. Department
Federal Motor Carrier of Transportation Safety Administration


FMCSA ALERT 040513.2 Hiring Fraud perpetuated on Drivers and CDL Training Schools

FMCSA would like to make you aware of attempts to defraud CDL drivers seeking employment and CDL Training schools who are attempting to help students find jobs. The fraudster promises employment in return for monetary payments to fraudulent "recruiters". Please read below for more details about this "scam".

 

The way it works: A caller represents himself or herself as being a recruiter for a known and legitimate motor carrier to a representative of a truck driving school or driver. The caller has an air of urgency and "must hire" several CDL holders immediately or as soon as a student graduates from Driver Training and receives his or her CDL. The fraudster is also known to solicit truck driving school instructors to provide his or her call back number to trainees or recent graduates from truck driving schools. When a driver seeking employment calls the "recruiter" he or she is offered an immediate position with higher than industry norms pay and benefits for a new driver and is often told there will be a "waiver" for previous criminal or DUI convictions older than three to five years.

 

The caller then tells the driver candidate he or she must prove financial solvency to the carrier by sending a wire transfer of $350 or more to the "recruiter". Recently the "wire transfer" instructions were to procure a Walmart money transfer purchased at the closest Walmart store and sent to the "recruiter" for pick-up at another Walmart store, usually in another State. Past fraudulent "recruiters" have directed money transfers through other common money transfer services such as Western Union. Victims are directed to travel to a location, often in another state than his or her residence, to be picked up by a company trainer and the pick-up does not occur.

 

Risk Mitigation for Driver / Driver Training Schools:
Telephone the PUBLICLY LISTED telephone number of the motor carrier offering employment and verify the recruiter is a duly authorized representative of the Carrier.

 

FMCSA 12-13
Thursday, March 21, 2013
Contact: Shashunga Clayton
Tel.: (202) 366-9999


FMCSA Declares Georgia-based General Trucking, Inc., to be an Imminent Hazard to Public Safety; Company Ordered to Shut Down


WASHINGTON - The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) has declared General Trucking, Inc., based in Atlanta, Ga., an imminent hazard to public safety and ordered the carrier to immediately shut down its operations and cease all transportation services due to a pattern of serious safety violations.

 

"Safety is our highest priority," said Transportation Secretary Ray LaHood. "Truck companies that operate unsafely have no place on our nation's roadways."

 

FMCSA investigated General Trucking after its trucks were involved in a series of crashes. FMCSA's investigation found a company-wide practice of violating federal safety regulations, including disregarding driver qualification requirements by dispatching unqualified drivers, inadequate monitoring and controlling of driver compliance with hours-of-service requirements, and dispatching and operating unsafe vehicles which were grossly overloaded.
"Safety is our number-one priority," said FMCSA Administrator Anne S. Ferro. "Every trucking company and driver has a role and responsibility to make it theirs as well. Companies that place the public at risk by demonstrating negligent behaviors and business practices will be shut down."

 

A copy of the imminent hazard out-of-service order can be viewed at www.fmcsa.dot.gov/documents/about/news/2013/GeneralTruckingInc.pdf

 

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Summary of Hours-of-Service (HOS) Regulations

 

Who Must Comply

Most drivers must follow the HOS Regulations if they drive a commercial motor vehicle, or CMV. In general, a CMV is a vehicle that is used as part of a business and is involved in interstate commerce and fits any of these descriptions:

 

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • A vehicle that is involved in Interstate or intrastate commerce and is transporting hazardous materials in a quantity requiring placards is also considered a CMV.

Summary of Changes of HOS Final Rule Published in December 2011
The table below summarizes the differences between the prior HOS Rule and the new HOS Final Rule published in December 2011:

 

PROVISION PRIOR RULE FINAL RULE - COMPLIANCE DATE JULY 1, 2013
Limitations on minimum "34-hour restarts" None (1) Must include two periods between 1 a.m.- 5 a.m. home terminal time.
(2) May only be used once per week.
Rest Breaks None except as limited by other rule provisions May drive only if 8 hours or less have passed since end of driver's last off-duty period of at least 30 minutes. [HM 397.5 mandatory "in attendance" time may be included in break if no other duties performed]
PROVISION PRIOR RULE FINAL RULE - COMPLIANCE DATE FEBRUARY 27, 2012
On-duty time Includes any time in CMV except
sleeper-berth.
Does not include any time resting in a parked vehicle (also applies to passenger-carrying drivers). In a moving property-carrying CMV, does not include up to 2 hours in passenger seat immediately before or after 8 consecutive hours in sleeper-berth.
Penalties "Egregious" hours of service violations
not specifically defined.
Driving (or allowing a driver to drive) 3 or more hours beyond the driving-time limit may be considered an egregious violation and subject to the maximum civil penalties. Also applies to passenger-carrying drivers.
Oilfield exemption "Waiting time" for certain drivers at oilfields (which is off-duty but does extend 14-hour duty period) must be recorded and available to FMCSA, but no method or details are specified for the recordkeeping. "Waiting time" for certain drivers at oilfields must be shown on logbook or electronic equivalent as off duty and identified by annotations in "remarks" or a separate line added to "grid."

 

Summary of HOS Regulations
The following table [Download PDF Version] summarizes the HOS regulations for property-carrying and passenger-carrying CMV drivers.

 

HOURS-OF-SERVICE RULES
Property-Carrying CMV Drivers (Valid Until July 1, 2013) Passenger-Carrying CMV Drivers
11-Hour Driving Limit
May drive a maximum of 11 hours after 10 consecutive hours off duty.
10-Hour Driving Limit
May drive a maximum of 10 hours after 8 consecutive hours off duty.
14-Hour Limit
May not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.
15-Hour On-Duty Limit
May not drive after having been on duty for 15 hours, following 8 consecutive hours off duty. Off-duty time is not included in the 15-hour period.
60/70-Hour On-Duty Limit
May not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.
60/70-Hour On-Duty Limit
May not drive after 60/70 hours on duty in 7/8 consecutive days.
Sleeper Berth Provision
Drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.
Sleeper Berth Provision
Drivers using a sleeper berth must take at least 8 hours in the sleeper berth, and may split the sleeper-berth time into two periods provided neither is less than 2 hours.

 

 

FMCSA 24-12
Monday, December 3, 2012
Contact: Matthew Chambers
Tel.: (202) 366-9999 

FMCSA Implements Improvements to its Safety Measurement System

WASHINGTON, DC – The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) today implemented 11 new improvements to its Safety Measurement System (SMS). The changes, developed over several months with feedback from the public and stakeholders throughout the industry, will enhance the agency’s ability to identify and take action against trucks and buses with safety and compliance concerns.

The SMS uses all available inspection and crash data to prioritize carriers for interventions. SMS quantifies on-road safety performance of carriers to identify the specific safety problems the carrier exhibits and to monitor whether performance is improving or worsening. SMS helps FMCSA more efficiently apply its resources and bring carriers and drivers into compliance with Federal safety regulations in order to prevent crashes and save lives.

"Safety is our number one priority,” said U.S. Transportation Secretary Ray LaHood. “These improvements will enable us to more accurately identify unsafe truck and bus companies and intervene before tragedies occur.”

The SMS improvements will give FMCSA more precise information to assess a company’s on-the-road safety performance.

The enhancements implemented today include:


• Changing the Cargo-Related BASIC (Behavior Analysis and Safety Improvement Category) to the Hazardous Materials (HM) Compliance BASIC to better identify HM-related safety and compliance problems. Motor carriers and law enforcement can view this new BASIC in December; however FMCSA will conduct further monitoring before the BASIC is made public.

• Strengthening the Vehicle Maintenance BASIC by including cargo and load securement violations that were previously in the Cargo-Related BASIC.

• Counting intermodal equipment violations found during drivers’ pre-trip inspections.

• Aligning speeding violations to be consistent with current speedometer regulations that require speedometers to be accurate within 5 mph. The change applies to the prior 24 months of data used by the SMS and all SMS data moving forward.

• Changing the name of the Fatigued Driving BASIC to the Hours-of-Service (HOS) Compliance BASIC to more accurately reflect violations contained within the BASIC.

• Aligning the severity weight of paper and electronic logbook violations equally on the SMS for consistency purposes.
FMCSA provided a four-month preview period to give the public and industry ample opportunity to review and comment on the proposed changes to FMCSA's SMS. Overall, more than 19,000 companies and 2,900 law enforcement personnel participated in the public preview.

“These SMS enhancements reflect FMCSA’s commitment to listening to our stakeholders and researching and analyzing enhancements in the name of safety,” said FMCSA Administrator Anne S. Ferro. “By strengthening our cornerstone enforcement program, we are continuing to raise the bar for truck and bus safety.”
Motor carriers are encouraged to check their safety data at http://ai.fmcsa.dot.gov/sms to see how the SMS changes may have affected their SMS results.

For complete details on the new SMS improvements, visit the Compliance, Safety, Accountability (CSA) Web site at http://csa.fmcsa.dot.gov/ 


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The Federal Motor Carrier Safety Administration (FMCSA) has introduced an expanded version of its Pre-Employment Screening Program (PSP), making it easier for more motor carrier companies, with the driver's consent, to access PSP records. A PSP record includes three years of crash history and five years of roadside inspection history for a commercial driver.PSP is now available to eligible intrastate motor carriers and companies directly involved in the pre-employment screening and hiring of commercial drivers. The program expansion means important driver safety data is now more easily available to companies that are responsible for hiring the driversthat get behind the wheel of many large trucks and buses. FMCSA has also launched an iPhone application for PSP. Account holders can now securely access a PSP dashboard on an iPhone or iPad, and easily review a PSP record in a mobile-friendly format. The application is available for free download by searching 'DOT PSP' in the Apple iTunes store. For details on the Pre-Employment Screening Program visit http://www.psp.fmcsa.dot.gov . Contact Matthew Chambers: (202) 366-9999.

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FMCSA 23-12
Friday, November 30, 2012
Contact: Bill Bronrott
Tel.: (202) 366-9999 

U.S. Department of Transportation Orders Georgia-licensed Commercial Motor Vehicle Driver to Cease Operating

FMCSA finds driver Johnny Felton to be imminent hazard to public safety

WASHINGTON, DC – The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) has declared Georgia-licensed truck driver Johnny Felton, Jr., an imminent hazard and ordered him to immediately cease all commercial vehicle driver operations due to his failure to exercise an appropriate duty of care to the motoring public regarding his medical conditions.

Felton, a driver for DOT Transportation, Inc., a trucking company based in Mt. Sterling, IL, was ordered by FMCSA to cease operating following a crash on November 26, 2012, that resulted in the death of Illinois State Trooper Kyle Deatherage near Litchfield, IL. 

"Commercial truck and bus companies and operators that violate federal safety standards and jeopardize public safety will be shut down," said U.S. Transportation Secretary Ray LaHood. "Safety is always our top priority."

FMCSA immediately placed Felton out of service after agency investigators found serious safety concerns surrounding his medical condition and qualifications under his commercial driver's license (CDL) issued by the State of Georgia. Investigators discovered that Felton failed to disclose to a medical examiner his disqualifying medical conditions, including his medications prescribed in treating those conditions.

"This case sends a clear message that we will use every tool at our disposal to identify and remove from our roads unsafe operators," said FMCSA Administrator Anne S. Ferro. "Our agency is committed to raising the bar for commercial vehicle and driver safety."

A copy of the imminent hazard out-of-service order can be viewed at http://www.fmcsa.dot.gov/documents/about/news/2012/Felton-IHOOSO-Redacted.pdf.


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Friday, November 23, 2012
Contact: Matthew Chambers
Tel.: (202) 366-9999

U.S. Department of Transportation Orders C & D Transportation, Inc. to Shut Down

The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) has declared Illinois-based
C & D Transportation, Inc. (USDOT #2096634), an imminent hazard to public safety and ordered the interstate motor carrier to immediately shut down its operations. C & D Transportation, Inc. has willfully violated an out-of-service order and continued to operate by renting vehicles on the effective date of the out-of-service order, one of which crashed; has failed to ensure that its drivers comply with commercial driver's license requirements, English proficiency requirements, and vehicle weight limits; and has committed records of duty status violations. C & D Transportation, Inc.'s flagrant disregard for compliance with safety regulations poses an ongoing and continuing imminent hazard to public safety and must be discontinued immediately.

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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 385 and 386
[Docket No. FMCSA-2011-0321]
RIN 2126-AB42
Patterns of Safety Violations by Motor Carrier Management

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: FMCSA proposes amendments to its regulations that would enable the Agency to suspend or revoke the operating authority registration of motor carriers that have shown egregious disregard for safety compliance or that permit persons who have shown egregious disregard for safety compliance to act on their behalf. These amendments would implement section 4113 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) as amended by section 32112 of the Moving Ahead for Progress in the 21st Century Act (MAP-21), and are designed to enhance the safety of commercial motor vehicle (CMV) operations on our nation's highways.


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FMCSA Announces Results of 2012 Drug and Alcohol Inspection Strike Force
Agency's investigations removed 287 unsafe bus and truck drivers from the road

WASHINGTON - The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) today announced that 287 commercial bus and truck drivers were removed from the roads and more than 128 companies face enforcement actions as a result of the agency's annual drug and alcohol strike force sweep that occurred from April 30 through May 11, 2012.

"Safety is our number one priority. Our message is clear - we will not allow commercial bus and truck drivers operating under the influence of drugs and alcohol to stay on the road," said U.S. Transportation Secretary Ray LaHood. "All drivers and their passengers deserve to be confident that bus and truck drivers are safe and sober."

During the two-week sweep, nearly 200 federal investigators examined the drug and alcohol safety records of commercial drivers employed by bus and truck companies, including school bus drivers, interstate passenger carriers, hazardous material transporters and general freight long-haul trucking companies. Their goals were to identify motor carriers in violation of federal drug and alcohol testing requirements and to remove from the road commercial truck and bus drivers who jump from carrier to carrier to evade federal drug and alcohol testing and reporting requirements.

"Removing these dangerous drivers from the roads helps save lives and sends a strong signal that we will not tolerate negligent commercial drivers and companies that violate federal alcohol and drug safety standards," said FMCSA Administrator Anne S. Ferro.

The 287 commercial drivers identified in the sweep face the prospect of a monetary fine and being barred from operating a commercial motor vehicle for failing to adhere to federal drug and alcohol regulations. Additionally, 128 truck and bus companies face pending enforcement actions for violations, such as using a driver who has tested positive for illegal drugs and for not instituting a drug and alcohol testing program. Both drivers and carriers will have an opportunity to contest the alleged violations and the amount of the civil penalties.

Today's actions are part of FMCSA's broader effort to ensure truck and bus safety across the country. Last month, FMCSA carried out an unprecedented bus safety sweep, shutting down 26 unsafe bus operations that transported over 1,800 passengers a day along Interstate 95.

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New Medical Certification Requirements: A Guide for Commercial Driver’s License (CDL) Holders

 

Note: Starting January 30, 2012 and no later than January 30, 2014, all CDL holders must provide information to their SDLA regarding the type of commercial motor vehicle operation they drive in or expect to drive in with their CDL. Drivers operating in certain types of commerce will be required to submit a current medical examiner’s certificate to their SDLA to obtain a “certified” medical status as part of their driving record. CDL holders required to have a ”certified” medical status who fail to provide and keep up-to-date their medical examiner’s certificate with their SDLA will become ”not-certified” and they may lose their CDL.

For specific State by State requirements for drivers and information related to how a State is handling the Medical Certification requirements, and to determine who to contact for additional information, click on the following link: http://www.aamva.org/aamva/DocumentDisplay.aspx?id={687D99D3-FFB5-4B76-BD6F-F5EF54728BE0 


What is changing? State driver licensing agencies (SDLAs) will be adding your medical certification status and the information on your medical examiner’s certificate to your Commercial driver’s license system (CDLIS) record.

When does this change start? This change starts on January 30, 2012.

What is not changing? The driver physical qualification requirements are not changing.

What are CDL holders required to do?

1. You must determine what type of commerce you operate in. You must certify to your SDLA to one of the four types of commerce you operate in as listed below:

 

a. Interstate non-excepted: You are an Interstate non-excepted driver and must meet the Federal DOT medical card requirements (e.g. – you are “not excepted”).
b. Interstate excepted: You are an Interstate excepted driver and do not have to meet the Federal DOT medical card requirements.
c. Intrastate non-excepted: You are an Intrastate non-excepted driver and are required to meet the medical requirements for your State.
d. Intrastate excepted: You are an Intrastate excepted driver and do not have to meet the medical requirements for your State.

2. If you are subject to the DOT medical card requirements, provide a copy of each new DOT medical card to your SDLA prior to the expiration of the current DOT medical card.

 

The Federal Motor Carrier Safety Administration (FMCSA) has revised three rules for drivers of commercial motor vehicles (CMVs) to clarify that CMV drivers may not use Schedule I drugs and be qualified to drive CMVs. These become effective on February 29, 2012.

The purpose of the changes are to clarify perceived inconsistencies in the FMCSA’s regulations, not to impose new standards on drivers.

The revisions are:

 

1. Prohibition on the Use of Schedule I Drugs. The minimum physical qualifications for CMV drivers are amended to clarify that the use of Schedule I drugs is prohibited under all circumstances. 49 CFR §§ 382.213; 391.41. The prior rule permitted certain prescribed substances but did not specifically bar Schedule I drugs. FMCSA’s regulations continue to permit the use of non-Schedule I drugs under limited circumstances, when prescribed by a licensed medical practitioner.
2. Prohibition on the Refusal of Pre-Employment Drug Tests. Drivers who refuse to submit to pre-employment and return-to-duty tests will now be subject to the same referral, evaluation, and treatment steps that are required after refusing other types of tests, such as post accident or random testing. 49 CFR § 382.211.
3. Clarification of the ‘Knowledge’ Regarding Drug Use. FMCSA replaces the term ‘‘actual knowledge’’ with ‘‘knowledge’’ to clarify that the prohibition refers to the knowledge of test results, not just to an employer’s observation of prohibited drug conduct. 49 CFR §§ 382.201; 382.215.

Schedule I drugs are drugs that have a high potential for abuse, have no currently accepted medical use in the United States, and are substances with a lack of accepted safety for use of the drug under medical supervision. Schedule I drugs include drugs such as heroin, LSD, and ecstasy. 21 CFR § 1308.11. Learning More Employers should revise their workplace drug policy to comply with the rule.

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FMCSA Announces Results of 2012 Drug and Alcohol Inspection Strike Force
Agency's investigations removed 287 unsafe bus and truck drivers from the road

WASHINGTON - The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) today announced that 287 commercial bus and truck drivers were removed from the roads and more than 128 companies face enforcement actions as a result of the agency's annual drug and alcohol strike force sweep that occurred from April 30 through May 11, 2012.

"Safety is our number one priority. Our message is clear - we will not allow commercial bus and truck drivers operating under the influence of drugs and alcohol to stay on the road," said U.S. Transportation Secretary Ray LaHood. "All drivers and their passengers deserve to be confident that bus and truck drivers are safe and sober."

During the two-week sweep, nearly 200 federal investigators examined the drug and alcohol safety records of commercial drivers employed by bus and truck companies, including school bus drivers, interstate passenger carriers, hazardous material transporters and general freight long-haul trucking companies. Their goals were to identify motor carriers in violation of federal drug and alcohol testing requirements and to remove from the road commercial truck and bus drivers who jump from carrier to carrier to evade federal drug and alcohol testing and reporting requirements.

"Removing these dangerous drivers from the roads helps save lives and sends a strong signal that we will not tolerate negligent commercial drivers and companies that violate federal alcohol and drug safety standards," said FMCSA Administrator Anne S. Ferro.

The 287 commercial drivers identified in the sweep face the prospect of a monetary fine and being barred from operating a commercial motor vehicle for failing to adhere to federal drug and alcohol regulations. Additionally, 128 truck and bus companies face pending enforcement actions for violations, such as using a driver who has tested positive for illegal drugs and for not instituting a drug and alcohol testing program. Both drivers and carriers will have an opportunity to contest the alleged violations and the amount of the civil penalties.

Today's actions are part of FMCSA's broader effort to ensure truck and bus safety across the country. Last month, FMCSA carried out an unprecedented bus safety sweep, shutting down 26 unsafe bus operations that transported over 1,800 passengers a day along Interstate 95.

 

New Medical Certification Requirements: A Guide for Commercial Driver’s License (CDL) Holders

 

Note: Starting January 30, 2012 and no later than January 30, 2014, all CDL holders must provide information to their SDLA regarding the type of commercial motor vehicle operation they drive in or expect to drive in with their CDL. Drivers operating in certain types of commerce will be required to submit a current medical examiner’s certificate to their SDLA to obtain a “certified” medical status as part of their driving record. CDL holders required to have a ”certified” medical status who fail to provide and keep up-to-date their medical examiner’s certificate with their SDLA will become ”not-certified” and they may lose their CDL.

For specific State by State requirements for drivers and information related to how a State is handling the Medical Certification requirements, and to determine who to contact for additional information, click on the following link: http://www.aamva.org/aamva/DocumentDisplay.aspx?id={687D99D3-FFB5-4B76-BD6F-F5EF54728BE0 


What is changing? State driver licensing agencies (SDLAs) will be adding your medical certification status and the information on your medical examiner’s certificate to your Commercial driver’s license system (CDLIS) record.

When does this change start? This change starts on January 30, 2012.

What is not changing? The driver physical qualification requirements are not changing.

What are CDL holders required to do?

1. You must determine what type of commerce you operate in. You must certify to your SDLA to one of the four types of commerce you operate in as listed below:

 

a. Interstate non-excepted: You are an Interstate non-excepted driver and must meet the Federal DOT medical card requirements (e.g. – you are “not excepted”).
b. Interstate excepted: You are an Interstate excepted driver and do not have to meet the Federal DOT medical card requirements.
c. Intrastate non-excepted: You are an Intrastate non-excepted driver and are required to meet the medical requirements for your State.
d. Intrastate excepted: You are an Intrastate excepted driver and do not have to meet the medical requirements for your State.

2. If you are subject to the DOT medical card requirements, provide a copy of each new DOT medical card to your SDLA prior to the expiration of the current DOT medical card.

 

The Federal Motor Carrier Safety Administration (FMCSA) has revised three rules for drivers of commercial motor vehicles (CMVs) to clarify that CMV drivers may not use Schedule I drugs and be qualified to drive CMVs. These become effective on February 29, 2012.

The purpose of the changes are to clarify perceived inconsistencies in the FMCSA’s regulations, not to impose new standards on drivers.

The revisions are:

 

1. Prohibition on the Use of Schedule I Drugs. The minimum physical qualifications for CMV drivers are amended to clarify that the use of Schedule I drugs is prohibited under all circumstances. 49 CFR §§ 382.213; 391.41. The prior rule permitted certain prescribed substances but did not specifically bar Schedule I drugs. FMCSA’s regulations continue to permit the use of non-Schedule I drugs under limited circumstances, when prescribed by a licensed medical practitioner.
2. Prohibition on the Refusal of Pre-Employment Drug Tests. Drivers who refuse to submit to pre-employment and return-to-duty tests will now be subject to the same referral, evaluation, and treatment steps that are required after refusing other types of tests, such as post accident or random testing. 49 CFR § 382.211.
3. Clarification of the ‘Knowledge’ Regarding Drug Use. FMCSA replaces the term ‘‘actual knowledge’’ with ‘‘knowledge’’ to clarify that the prohibition refers to the knowledge of test results, not just to an employer’s observation of prohibited drug conduct. 49 CFR §§ 382.201; 382.215.

Schedule I drugs are drugs that have a high potential for abuse, have no currently accepted medical use in the United States, and are substances with a lack of accepted safety for use of the drug under medical supervision. Schedule I drugs include drugs such as heroin, LSD, and ecstasy. 21 CFR § 1308.11. Learning More
Employers should revise their workplace drug policy to comply with the rule.


.S. Transportation Secretary LaHood Announces Final Rule That Bans Hand-Held Cell Phone Use by Drivers of Buses and Large Trucks

 

Today’s Action is the Latest by the Department to End Distracted Driving

 

WASHINGTON - U.S. Transportation Secretary Ray LaHood today announced a final rule specifically prohibiting interstate truck and bus drivers from using hand-held cell phones while operating their vehicles. The joint rule from the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) is the latest action by the U.S. Department of Transportation to end distracted driving. 

"When drivers of large trucks, buses and hazardous materials take their eyes off the road for even a few seconds, the outcome can be deadly," said Transportation Secretary Ray LaHood. "I hope that this rule will save lives by helping commercial drivers stay laser-focused on safety at all times while behind the wheel." 

The final rule prohibits commercial drivers from using a hand-held mobile telephone while operating a commercial truck or bus. Drivers who violate the restriction will face federal civil penalties of up to $2,750 for each offense and disqualification from operating a commercial motor vehicle for multiple offenses. Additionally, states will suspend a driver's commercial driver's license (CDL) after two or more serious traffic violations. Commercial truck and bus companies that allow their drivers to use hand-held cell phones while driving will face a maximum penalty of $11,000. Approximately four million commercial drivers would be affected by this final rule.

 

"This final rule represents a giant leap for safety," said FMCSA Administrator Anne S. Ferro. "It's just too dangerous for drivers to use a hand-held cell phone while operating a commercial vehicle. Drivers must keep their eyes on the road, hands on the wheel and head in the game when operating on our roads. Lives are at stake." 
While driver distraction studies have produced mixed results, FMCSA research shows that using a hand-held cell phone while driving requires a commercial driver to take several risky steps beyond what is required for using a hands-free mobile phone, including searching and reaching for the phone. Commercial drivers reaching for an object, such as a cell phone, are three times more likely to be involved in a crash or other safety-critical event. Dialing a hand-held cell phone makes it six times more likely that commercial drivers will be involved in a crash or other safety-critical event.

 

In September 2010, FMCSA issued a regulation banning text messaging while operating a commercial truck or bus and PHMSA followed with a companion regulation in February 2011, banning texting by intrastate hazardous materials drivers.

 

"Needless injuries and deaths happen when people are distracted behind the wheel," said PHMSA Administrator Cynthia Quarterman. "Our final rule would improve safety and reduce risks of hazmat in transportation."

Nearly 5474 people died and half a million were injured in crashes involving a distracted driver in 2009. Distraction-related fatalities represented 16 percent of overall traffic fatalities in 2009, according to National Highway Traffic Safety Administration (NHTSA) research. 

Many of the largest truck and bus companies, such as UPS, Covenant Transport, Wal-Mart, Peter Pan and Greyhound already have company policies in place banning their drivers from using hand-held phones. 

The final hand-held cell phone ban rule can be accessed here.

To learn more about the U.S. Department of Transportation's efforts to stop distracted driving, please visit http://www.distraction.gov 

 

Carriers Alerted to Aggressive Marketing Attempts to Sell Supervisory Training for Drug and Alcohol Testing Requirements

Notice to Carriers:
In recent weeks, we have received numerous inquiries regarding companies using aggressive marketing tactics to sell supervisor training to employers who may be subject to the Federal Motor Carrier Safety Administration’s drug and alcohol testing requirements. Please note that the FMCSA is not familiar with these companies nor the training they are offering. 
49 CFR 382.603 requires supervisors of CDL drivers to take 60 minutes of training on the symptoms of alcohol abuse and another 60 minutes of training on the symptoms of controlled substances use. The purpose is to qualify supervisors for determining when reasonable suspicion testing is needed.
The FMCSA does not certify trainers or training companies, nor does it pre-approve the curriculum presented. Employers are responsible for meeting the training requirement of 49 CFR 382.603 including ensuring that any training company/entity that they purchase training from provides training in the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. It is up to the employer to select which training to attend, keeping in mind the aforementioned guidelines.

 

FMCSA HOURS-OF-SERVICE RULEMAKING, RIN 2126-AB-26
Primary Changes Proposed for Property-Carrying Drivers

 

PROVISION CURRENT RULE PROPOSED RULE NOTES

"Daily" Duty Period

Off-duty period 10 consecutive hours No change  
Driving Window For most drivers, 14 consecutive hrs. (may continue on-duty/not driving after 14 hrs.);

"Regional" allowed one 16-hr. period "weekly" but release from duty required after 16 hrs;

Non-CDL w/i 150 miles allowed two 16-hr. periods "weekly" (may continue on-duty/not driving after 16 hrs.).
For all property-carrying CMV drivers(unless excepted):

14 consecutive hrs. with release from duty required at end of driving window;

16 consecutive hrs. no more than twice "weekly" with release from duty required at end of driving window.
Any on-duty time after 14th hour constitutes use of a 16-hr. period.
Max. on-duty within driving window Normally 14 hrs; 16 hrs. once per week for "regional" drivers; 16 hrs. twice per week for non-CDL w/i 150 miles. 13 hrs Proposal not applicable to non-CDL 150 mile short-haul drivers. 13 hrs. during 14- or 16-hour driving windows for others.
Max. driving within driving window 11 hrs 10 or 11 hrs
(Both being considered)
 
Limit on consecutive hours of driving None May drive only if it has been 7 hours or less since last off-duty period of at least 30 minutes Proposal not applicable to non-CDL 150 mile short-haul drivers.

"Weekly" Duty Period

Max. on-duty hours 60 hrs. in 7 days/ 70 hrs. in 8 days No Change  
"Restart" 34 consecutive hours See "limits on restarts" below.  
Limits on Restarts None (1) Must include two periods between Midnight-6 a.m.;

 

(2) May only be used once per week.

Driver must designate the period being used as a restart

Sleeper Berth

When used as substitute for 10 consecutive hrs. off duty Two periods: One at least 8 consecutive hrs. in SB; other at least 2 hrs. SB or off-duty. The shorter period does NOT extend the driving window. Continue 8/2 hr. periods, but apply same new driving, on-duty, and duty-period limits as proposed for non-SB drivers.  

Definition of On-Duty Time

On-duty time Includes any time in CMV except sleeper-berth. Does not include any time resting in a parked CMV. In moving CMV, does not include up to 2 hrs. in passenger seat immediately before or after 8 consecutive hrs. in sleeper-berth.  

Oilfield Exemption

Oilfield exemption "Waiting time" for certain drivers at oilfields (which is off-duty but does extend 14-hr duty period) must be recorded and available to FMCSA, but no method or details are specified for the recordkeeping. "Waiting time" for certain drivers at oilfields must be shown on RODS or electronic equivalent as off duty and identified by annotations in "remarks" or a separate line added to "grid." "Waiting time" is not included in on-duty time or the calculation of the 14 or 16-hr. driving window.

 

 

FMCSA Launches New Compliance, Safety, Accountability (CSA) Program for Commercial Trucks and Buses

 

WASHINGTON - The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) today took a major step toward improving commercial truck and bus safety with the launch of the Compliance Safety Accountability (CSA) program. 
The centerpiece of CSA is the Safety Measurement System (SMS), which will analyze all safety-based violations from inspections and crash data to determine a commercial motor carrier's on-road performance. The new safety program will allow FMCSA to reach more carriers earlier and deploy a range of corrective interventions to address a carrier's specific safety problems. 
"The CSA program will help us more easily identify unsafe commercial truck and bus companies," said U.S. Transportation Secretary Ray LaHood. "Better data and targeted enforcement will raise the safety bar for commercial carriers and empower them to take action before safety problems occur." 
The program also advances the Obama Administration's open government initiative by providing the public with safety data in a more user-friendly format. This will give consumers a better picture of those carriers that pose a safety risk. CSA was also tested in nine pilot states before the program was launched.
"We worked closely with our partners in the motor vehicle community to develop this powerful new program," said FMCSA Administrator Anne S. Ferro. "CSA is an important new tool that will help reduce commercial vehicle-related crashes and save lives." 
The SMS uses seven safety improvement categories called BASICs to examine a carrier's on-road performance and potential crash risk. The BASICs are Unsafe Driving, Fatigued Driving (Hours-of-Service), Driver Fitness, Controlled Substances/Alcohol, Vehicle Maintenance, Cargo-Related and Crash Indicator. Under FMCSA's old measurement system, carrier performance was assessed in only four broad categories. 
By looking at a carrier's safety violations in each SMS category, FMCSA and state law enforcement will be better equipped to identify carriers with patterns of high-risk behaviors and apply interventions that provide carriers the information necessary to change unsafe practices early on. 
Safety interventions include early warning letters, targeted roadside inspections and focused compliance reviews that concentrate enforcement resources on specific issues identified by the SMS. 
FMCSA will continue to conduct onsite comprehensive compliance reviews for carriers with safety issues across multiple BASICs. And, where a carrier has not taken the appropriate corrective action, FMCSA will invoke strong civil penalties.

To learn more about the new CSA program, visit http://csa.fmcsa.dot.gov/ . To see the new SMS, visit http://ai.fmcsa.dot.gov/sms .

 

 

11/18/2010

FMCSA Announces CSA Safety Measurement System (SMS) Improvements

 

On August 16, 2010, FMCSA began providing carriers with information about where they stand in each of the new CSA SMS’s Behavior Analysis and Safety Improvement Categories (BASICs) based on roadside inspection data and investigation findings. Based on feedback and analysis from the Data Preview period, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) will roll out the new SMS to the nation in December with the following revisions:

 

1. Modify the presentation of SMS BASIC results

  • Change the term “Deficient” to “Alert” when a motor carrier’s score in one or more BASICs is above the FMCSA threshold for intervention.
  • Change the highlight color from red to orange.
  • Improve the language to clarify that BASIC results signify the carrier is prioritized for an FMCSA intervention.

Explanation: Feedback during the Data Preview indicate that the display of SMS results needs to clarify that BASIC percentiles above the FMCSA threshold signify the carrier is prioritized for an FMCSA intervention and do not signify or otherwise imply a “safety rating” or safety fitness determination.

 

2. Modify Cargo-Related BASIC

  • Recalibrate the Cargo-Related BASIC by adjusting the cargo securement violation severity weightings based on input from subject matter experts (SMEs).
  • Modify the public display to show the SMS Cargo-Related BASIC violations only. The percentiles and intervention status will not be on public display.

Explanation: Feedback during the Data Preview period identified a concern that the BASIC was over-representing certain industry segments and potentially creating a misleading safety alert warning. The Agency conducted additional analysis and concluded that the Cargo-Related BASIC be recalibrated with SMEs providing input on the cargo securement severity weights. The agency received SME input and will now adjust the severity weights and run the algorithm accordingly.

 

Also, the agency is conducting additional analysis to further understand the impact on the different industry segments of a carrier’s exposure in this BASIC. During this analysis period, the BASIC results will continue to be an effective intervention prioritization tool for enforcement personnel based on sound safety principles. Accordingly, the percentiles and intervention status will be accessible to the FMCSA enforcement community and motor carriers only.

 

To learn more about CSA and to stay updated during the coming months, subscribe to the CSA RSS feed or email list at http://csa2010.fmcsa.dot.gov/stay_connected.aspx 

 

 

U.S. Department of Transportation Strengthens Commercial Bus Safety with National Passenger Carrier Strike Force

 

WASHINGTON - At an event on the National Mall in Washington, D.C. today, Federal Motor Carrier Safety Administration (FMCSA) Administrator Ann Ferro joined state and local officials at a commercial bus checkpoint to observe the safety inspection of motor coaches, tour buses and other commercial passenger vehicles. 

The Washington, D.C. checkpoint was part of FMCSA's annual national Passenger Carrier Strike Force, during which federal, state and local police agencies conduct thousands of motorcoach, charter bus and other passenger carrier inspections at popular travel destinations across the U.S. The sweep runs from August 23 to September 4 and is taking place in all 50 states, the District of Columbia and U.S. territories.

"Safety is our number one priority," said U.S. Transportation Secretary Ray LaHood. "We owe it to the millions of passengers who travel on commercial buses to make sure that every bus on the road is as safe as possible." 

"By taking the Passenger Carrier Strike Force to some of the nation's busiest travel destinations, the Federal Motor Carrier Safety Administration will be able to reach a greater number of carriers and remove unsafe vehicles and drivers from the road," said FMCSA Administrator Anne S. Ferro. "This safety initiative is a crucial part of our efforts to prevent crashes and save lives." 

In addition to these strike force sweeps, FMCSA performs roadside safety inspections of commercial buses on a daily basis throughout the year. In 2009 alone, FMCSA and its law enforcement partners inspected more than 130,000 commercial buses, which led FMCSA to place 4.3 percent of bus drivers and 7.6 percent of buses out-of-service for violations ranging from significant vehicle deficiencies to hours-of-service non-compliance. FMCSA also performs strike force sweeps of household goods movers and drug and alcohol compliance throughout the year.

FMCSA strongly encourages travelers considering passenger carrier transportation to visit the agency's website and review a carrier's safety records at http://www.ai.fmcsa.dot.gov/Passenger/home.asp . FMCSA also encourages the public to report unsafe carriers and incidents to its safety hotline at 1-888-DOT-SAFT or online at http://nccdb.fmcsa.dot.gov .

 

FMCSA Drug and Alcohol Strike Force Removes Unsafe Commercial Drivers and Carriers from the Road

 

WASHINGTON - U.S. Transportation Secretary Ray LaHood today announced that 109 commercial bus and truck drivers were removed from the roads and more than 175 carriers face enforcement actions as a result of the Federal Motor Carrier Safety Administration's annual drug and alcohol strike force sweep that occurred from June 21 through July 2.

"If you are a commercial driver or carrier operating in violation of federal drug and alcohol laws, we will remove you from our roadways," said Secretary LaHood. "Parents deserve to know their children are being driven by bus drivers who are drug and alcohol free, and every motorist deserves to feel confident that the drivers of large trucks and buses are safe and sober." 
During the two week sweep, FMCSA strike force investigators examined the drug and alcohol safety records of commercial drivers employed by bus and truck companies, including school bus drivers, interstate passenger carriers, hazardous material transporters and general freight long-haul trucking companies. Their goals were to identify motor carriers in violation of federal drug and alcohol testing requirements and to remove from the road commercial truck and bus drivers who jump from carrier to carrier to evade federal drug and alcohol testing and reporting requirements.

"FMCSA is committed to ensuring that only safe commercial drivers and carriers are allowed to operate," said FMCSA Administrator Anne S. Ferro. "Our annual drug and alcohol strike force is just one of the ways we weed out those 'bad actors' and make our roads safer for everyone."

The 109 commercial drivers identified in the sweep face the prospect of a monetary fine and being barred from operating a commercial motor vehicle for failing to adhere to federal drug and alcohol regulations. Additionally, 175 commercial carriers face pending enforcement actions for violations, such as using a driver who has tested positive for illegal drugs and for not instituting a drug and alcohol testing program. Both drivers and carriers will have an opportunity to contest the alleged violations and the amount of the civil penalties.

 

FMCSA Releases Safety Measurement System to Motor Carriers

 

August 16, 2010 - The U. S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) is pleased to announce the next step in the rollout of Comprehensive Safety Analysis 2010 (CSA 2010).

CSA 2010 Data Preview
Commercial motor vehicle carriers may now view their individual safety assessments on the Data Preview Website. This updated Website provides motor carriers with information on where they stand in each Behavior Analysis and Safety Improvement Category (BASIC) based on roadside data and investigation findings. Each motor carrier’s BASIC assessments are visible only to them (and to enforcement staff) until December of 2010. In December, assessments will be made available to the public. Also, enforcement agencies will use these assessments to prioritize the Agency’s enforcement and compliance assistance workload. By providing carriers with this information now, FMCSA’s approach gives carriers the earliest possible opportunity to improve compliance.
FMCSA is providing motor carriers with this early look at the new Safety Measurement System (SMS) so they can see their performance data, can address safety compliance issues right away and can update and verify their data online. Release of this safety performance information underscores FMCSA’s commitment to data integrity and the motor carrier industry’s responsibility for ensuring commercial vehicle safety. This important step is designed to allow motor carriers to identify and address unsafe behaviors that can lead to crashes. What can motor carriers do now to prepare for the new system? Motor carriers should look at their assessment on the Data Preview Website, identify any data mistakes, verify and update their motor carrier census data, in particular power units (PU) and vehicle miles travelled (VMT) on the MCS-150 form, and take the necessary steps to correct unsafe driver and/or company safety practices.
More Information

Complete details on the Data Preview are available through Data Preview Guidance (FAQs), the new SMS Methodology Version 2.0 and SMS Changes Explanation. FMCSA has responded to field test results and stakeholder feedback to improve SMS. To learn more about CSA 2010, and to stay updated during the coming months, subscribe to the CSA 2010 RSS feed or email list at: http://csa2010.fmcsa.dot.gov/Stay_Connected.aspx.
Thank You, 
CSA 2010 Web Team
USDOT/Federal Motor Carrier Safety Administration

 

May 27, 2010

Highlights
CSA 2010 Rollout: What is Happening When?

 

After listening carefully to all stakeholders including Operational Model test participants, enforcement staff, and industry safety experts, FMCSA developed a revised schedule for the roll out of CSA 2010 in line with its commitment to launch this program in the most effective way possible. The rollout schedule is designed to methodically step federal and state enforcement staff, as well as the motor carrier industry, into the program one stride at a time – increasing the safety benefits through better understanding and increased accountability for good safety performance. The rollout timeline is outlined below:

 

  • April 12 – November 30, 2010 – Motor carriers can preview their own data by seeing their roadside inspections/violations and crash events organized by Behavior Analysis and Safety Improvement Category (BASIC).
  • Summer 2010
    June 30th – The Operational Model (Op-Model) Test will end.
    July – The four “50/50” Op-Model Test states, Colorado, Georgia, Missouri and New Jersey, will join the five 100% Op-Model Test states in implementing the program.
    August – Motor carriers will be able to see an assessment of their violations based on the new Carrier Safety Measurement System (CSMS) which will replace SafeStat later in 2010.
  • Fall/Winter 2010
    SafeStat will be replaced by the CSMS. CSMS will be available to the public, including shippers and insurance companies.
    FMCSA/States will prioritize enforcement using the CSMS.
    FMCSA will begin to issue Warning Letters to carriers with deficient BASICs.
    Roadside inspectors will use the CSMS results to identify carriers for inspection.
  • Winter 2010 - Safety Fitness Determination Notice of Proposed Rulemaking (NPRM) is scheduled to be released.
  • 2011 – Enforcement staff will be trained, and new interventions will be implemented State-by-State

FMCSA 05-10
Tuesday, May 11, 2010 
Contact: Candice Tolliver
Tel.: 202-366-2309/366-9999

 

FMCSA Launches Pre-Employment Screening Program

 

WASHINGTON, DC -- The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) today launched its Pre-Employment Screening Program (PSP), which allows commercial motor carrier companies to electronically access driver inspection and crash records as a part of the hiring process.

"Safety is our highest priority. The Pre-Employment Screening Program sends a strong message to commercial carriers and drivers that we are serious about having the safest drivers behind the wheel of large trucks and buses," said Transportation Secretary Ray LaHood.

"Starting today, commercial carriers will have an essential tool for making informed hiring decisions that will lead to safer drivers on our roads," said FMCSA Administrator Anne S. Ferro. "The Pre-Employment Screening Program raises the safety bar for the motor carrier industry and helps to make our roads safer for everyone."

The Pre-Employment Screening Program offers access to up to five years of driver crash data and three years of inspection data regardless of the state or jurisdiction. By using driver safety information during pre-employment screening, commercial carriers will be able to better assess the potential safety risks of prospective driver-employees. PSP also gives drivers additional opportunities to verify the data in their driving history and correct any discrepancies. A driver's records will be protected in accordance with federal privacy laws.

The Pre-Employment Screening Program is populated monthly by FMCSA's Motor Carrier Management Information System (MCMIS). The MCMIS is comprised of driver performance data including inspection and compliance review results, enforcement data, state-reported crashes, and motor carrier census data.

For complete details on the Pre-Employment Screening Program's fees for driver safety records and how carriers and drivers can participate, visit http://www.psp.fmcsa.dot.gov 

DOT 14-10
Tuesday, January 26, 2010
Contact: USDOT Public Affairs
Tel: 202-366-4570

 

U.S. Transportation Secretary Ray LaHood Announces Federal Ban on Texting for Commercial Truck Drivers

 

U.S Transportation Secretary Ray LaHood today announced federal guidance to expressly prohibit texting by drivers of commercial vehicles such as large trucks and buses. The prohibition is effective immediately and is the latest in a series of actions taken by the Department to combat distracted driving since the Secretary convened a national summit on the issue last September.

"We want the drivers of big rigs and buses and those who share the roads with them to be safe," said Secretary LaHood. "This is an important safety step and we will be taking more to eliminate the threat of distracted driving." The action is the result of the Department's interpretation of standing rules. Truck and bus drivers who text while driving commercial vehicles may be subject to civil or criminal penalties of up to $2,750.

"Our regulations will help prevent unsafe activity within the cab," said Anne Ferro, Administrator for the Federal Motor Carrier Safety Administration (FMCSA). "We want to make it crystal clear to operators and their employers that texting while driving is the type of unsafe activity that these regulations are intended to prohibit."

FMCSA research shows that drivers who send and receive text messages take their eyes off the road for an average of 4.6 seconds out of every 6 seconds while texting. At 55 miles per hour, this means that the driver is traveling the length of a football field, including the end zones, without looking at the road. Drivers who text while driving are more than 20 times more likely to get in an accident than non-distracted drivers. Because of the safety risks associated with the use of electronic devices while driving, FMCSA is also working on additional regulatory measures that will be announced in the coming months.

During the September 2009 Distracted Driving Summit, the Secretary announced the Department's plan to pursue this regulatory action, as well as rulemakings to reduce the risks posed by distracted driving. President Obama also signed an Executive Order directing federal employees not to engage in text messaging while driving government-owned vehicles or with government-owned equipment. Federal employees were required to comply with the ban starting on December 30, 2009.

 

ATTENTION NEW ENTRANTS: Do you know the 16 violations that will cause you to automatically fail your New Entrant Audit, even if you violate only one of them? 
Are you aware of the date for compliance with and enforcement of the new regulations concerning New Entrants?

The 16 New Entrant failures are:
VIOLATIONS THAT WILL RESULT IN AN AUTOMATIC FAILURE OF THE NEW ENTRANT AUDIT.


1. Failing to implement an alcohol/and/or controlled substance testing program (domestic and foreign motor carriers, respectively).
2. Using a driver known to have an alcohol content of 0.04 or greater to perform a safety sensitive function.
3. Using a driver that has refused to submit to an alcohol or controlled substances test required under part 382.
4. Using a driver known to have tested positive for a controlled substance
5. Failing to implement a random controlled substances and/or alcohol testing program.
6. Knowingly using a driver who does not possess a valid CDL.
7. Knowingly allowing, requiring, permitting, or authorizing an employee with a commercial driver license which is suspended, revoked, or canceled by a State or who is disqualified to operate a commercial motor vehicle.
8. Knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive a commercial motor vehicle.
9. Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage.
10. Operating a passenger carrying vehicle without having in effect the required minimum levels of financial responsibility.
11. Knowingly using a disqualified driver.
12. Knowingly using a physically unqualified driver.
13. Failing to require a driver to make a record of duty status.
14. Requiring or permitting the operation of a commercial motor vehicle declared “out of service” before repairs are made.
15. Failing to correct out-of-service defects listed by the driver in a vehicle inspection report before the vehicle is operated again.
16. Using a commercial motor vehicle not periodically inspected.


Most violations will cause the New Entrant carrier to fail the New Entrant audit with a single occurrence. Two require a violation threshold (51% or more of examined records) to trigger automatic failure.

 


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