Motor Carrier Requirements Navigating with Professional Safety Consulting

Motor Carrier Requirements Navigating with Professional Safety Consulting, Inc. www. professionalsafetyconsulting. com

Motor Carrier Requirements ► DOT Forms ► CMV Markings ► Driver Qualification Files ► Drug & Alcohol Testing ► Special Training ► Haz. Mat Training/Security Plan ► Accident Recordkeeping ► Vehicle Maintenance & Inspections www. professionalsafetyconsulting. com 2

DOT Forms FMCSR, Parts 387 & 390

MCS-90/MCS-82 ► Part 387 Subpart A: Financial Responsibility ► Applies to For-Hire Motor Carriers of Property operating in interstate or foreign commerce § One of the following forms must be completed: ► MCS-90 (NOT Self-insured) ► MCS-82 (Self-insured) § Must be kept on file & up-to-date at principal place of business § List at least minimum limits shown in Schedule of Limits for Public Liability www. professionalsafetyconsulting. com 4

MCS-90 B/MCS-82 B ► Part 387 Subpart B: Financial Responsibility ► Applies to For-Hire Motor Carriers of Passengers operating in interstate or foreign commerce § One of the following forms must be completed: ► MCS-90 B (NOT Self-insured) ► MCS-82 B (Self-insured) § Must be kept on file & up-to-date at principal place of business § List at least minimum limits shown in Schedule of Limits for Public Liability www. professionalsafetyconsulting. com 5

MCS-150 § 390. 19 ► Must be filed by motor carriers operating in interstate or foreign commerce ► New carrier must file before operations begin ► Updated biennially based on DOT # § Last digit is Month § Next-to-last digit is Year ► Even number – File in even years ► Odd number – File in odd year www. professionalsafetyconsulting. com 6

MCS-150 B § 390. 19 ► Combined MCS-150 and HM Safety Permit Application ► Must be filed by motor carriers operating in interstate or foreign commerce that carry hazardous materials requiring an HM Safety Permit ► Takes the place of the MCS-150 for carriers required to have an HM Safety Permit. www. professionalsafetyconsulting. com 7

CMV Markings FMCSR, Part 390

CMV Markings § 390. 21 ► CMVs must be marked before put into service ► Marking must display § US DOT number § Name of motor carrier (as shown on MCS-150) ► Preceded by “Operated by” if motor carrier is lessee, etc. ► Rule does not require City & State, however, this is not prohibited www. professionalsafetyconsulting. com 9

Driver Qualification Files FMCSR, Part 391

Driver Qualification Files § 391. 51 ► Maintained for each driver for duration of employment & 3 years thereafter ► Must include: § § § § Application for employment Certificate of Road Test or copy of CDL Pre-Hire/Annual MVR Medical Examiner’s Certificate/Physical Waiver Certificate of Violations/Annual MVR review Negative Pre-Hire drug test results (Part 382) Record of Haz. Mat training & Security training (§ 172. 704) www. professionalsafetyconsulting. com 11

Application for Employment § 391. 21 ► Must include: § Carrier’s name & address § All employers in past 3 years (no unexplained gaps) § After 10/29/04 - Was applicant subject to FMCSRs or DOT drug/alcohol testing requirements? § All commercial driving employment in 7 years preceding 3 -year period § All accidents & violations in past 3 years § Driver signature & dated ► No items left blank www. professionalsafetyconsulting. com 12

Pre-Employment Road Test § 391. 31 Performance rated on a road test form ► Ensures driver applicant can safely operate type of CMV ► Must include (at a minimum): ► § § § § Pre-trip inspection Coupling/uncoupling combination units (if applicable) Placement of CMV in operation Use of CMV controls & emergency equipment Operation in traffic/passing other CMVs Turning Braking, slowing CMV by other means Backing/parking CMV www. professionalsafetyconsulting. com 13

Equivalent to Road Test § 391. 33 ► May accept a Certificate of Road Test if completed within the preceding 3 years ► May accept CDL in lieu of road test if a road test was completed in similar equipment § Does not apply to double/triple trailer or tank vehicle endorsements www. professionalsafetyconsulting. com 14

Motor Vehicle Record (MVR) ► Pre-Hire obtained from State DMV or third-party provider within 30 days of application date ► Obtained annually thereafter www. professionalsafetyconsulting. com 15

Inquiry to State Agency ► Filled out & mailed if obtaining an MVR directly from a state agency www. professionalsafetyconsulting. com 16

Certificate of Violations & Annual MVR Review § 391. 25 ► Completed every 12 months ► List of traffic violations (other than parking violations) provided by driver ► Review conducted by employer ► Must be kept for 3 years www. professionalsafetyconsulting. com 17

Medical Examiner’s Certificate by the medical examiner § 391. 43 ► Properly signed & dated ► Verify if long form physical is not obtained ► Copy given to driver & kept with him/her at all times ► Copy given to motor carrier employing driver ► Completed www. professionalsafetyconsulting. com 18

Driver Performance History Data ► Investigation of prospective driver’s Performance History for three (3) years prior to application § 391. 53 § Past Employer Reference Checks § Drug/Alcohol Inquiries § Accident History Written authorization from applicant to conduct drug/alcohol inquiries ► Maintain in secure location with controlled access ► Retain for duration of employment & 3 years thereafter ► www. professionalsafetyconsulting. com 19

Past Employer Reference Checks ► All CMV employment in previous 3 years ► Completed within 30 days of employment ► Name & address ► Date contacted ► Additional employer comments about driver www. professionalsafetyconsulting. com § 391. 23 20

Drug/Alcohol Inquiries § 391. 23 ► All DOT-regulated employment in previous 3 years ► Completed within 30 days of safetysensitive function § Positive drug test § Alcohol test results of 0. 04 or greater § Refusal to test www. professionalsafetyconsulting. com 21

Accident History § 391. 23 ► DOT Recordable accidents in previous 3 years ► Any other accidents at discretion of past employer www. professionalsafetyconsulting. com 22

Driver Qualification Files § 391. 51 ► May be removed 3 years after date of execution: § Annual MVR § Certificate of Violations/Annual MVR review § Medical examiner’s certificate § Physical Waiver www. professionalsafetyconsulting. com 23

Drug & Alcohol Testing FMCSR, Part 382 Applicability: “…All employers of such persons who operate a CMV in commerce and are subject to the CDL requirements. ”

Required Tests ► Drug § § § Tests Pre-employment Post-Accident Random Reasonable Suspicion Return-to-Duty Follow-up ► Alcohol Tests § Same as Drug Tests, except Pre-employment www. professionalsafetyconsulting. com 25

Employer Requirements ► Upon Hire § Provide educational materials on drug/alcohol testing requirements ► Many drug/alcohol testing programs or consortiums have these materials available to members § Issue employer policies/procedures on meeting those requirements § Additional employer policies (optional) ► Consequences for drivers with specified alcohol/controlled substance level ► Must clearly state based on employer authority, independent of regulations § Require signed receipts from drivers www. professionalsafetyconsulting. com 26

Pre-Employment Testing ► Prior to allowing a new driver to drive: § Pre-employment drug test § Negative results must be received § Questions regarding pre-employment testing in previous 2 years ►Tested positive or refused to test www. professionalsafetyconsulting. com 27

Post-Accident Testing ► Required after: § Fatality – in any instance § Bodily injury – if driver is cited for a moving violation § Disabling damage to any vehicle - if driver is cited for a moving violation ► Alcohol Test - within 8 hours ► Drug Test – within 32 hours www. professionalsafetyconsulting. com 28

Random Testing ► Drug Tests § Rate of 50% of random selection pool annually ► Alcohol Tests § Rate of 10% of random selection pool annually § Only just before, just after or while driver performs safety-sensitive functions ► Must be “true & systematic” means of selection procedures (i. e. consortium, testing software, etc. ) www. professionalsafetyconsulting. com 29

Reasonable Suspicion Testing ► Employer has reasonable suspicion that driver has violated drug/alcohol use prohibitions ► Employer must receive 1 hour of drug use detection methods training ► Employer must receive 1 hour of alcohol use & abuse detection methods training www. professionalsafetyconsulting. com 30

Special Training FMCSR, Part 380

LCV Training ► Part 380, Subparts A-D ► Established minimum training requirements for operators of Longer Combination Vehicles (LCVs) & instructors who train them § § § Orientation Basic operation Safe operating practices Advanced operations Non-driving activities ► Enhances highways safety of CMV operations on public www. professionalsafetyconsulting. com 32

Entry Level Driver Training ► Part 380 Subpart E ► Driver with less than 1 year experience of CMV operation in interstate commerce ► Mandatory instruction on 4 specific topics in addition to CDL test: § § Driver Qualification Requirements Hours of Service of Drivers Driver Wellness Whistleblower Protection www. professionalsafetyconsulting. com 33

Haz. Mat Training / Security Plan 49 CFR, Parts 172 & 177

Haz. Mat Training ► General Training § 172. 704 Awareness/Familiarization § No exception to this requirement § Drivers, administrative personnel, dock workers, etc. § Upon hire and every 3 years thereafter § Maintain all documentation of dates completed, materials used, trainer’s name, etc. § Provide drivers copies of HM Regs & NAERG www. professionalsafetyconsulting. com 35

Haz. Mat Training ► Function-Specific § 177. 816 Training § Specialized training for employees responsible for the movement of any hazardous material § Not required if driver has valid HM Endorsement www. professionalsafetyconsulting. com 36

Security Plan for Haz. Mat § 172. 802 ► Personnel Security § Confirm information provided by job applicants for positions that access & handle HM § Confirmation system must be consistent with applicable Federal and State laws ► Unauthorized Access § Address risk of unauthorized persons gaining access to HM ► En-route Security § Address security risks of HM shipments en-route from origin to destination www. professionalsafetyconsulting. com 37

Accident Recordkeeping FMCSR, Part 390

Accident Recordkeeping § 390. 5 ► Definition of Accident: ► An occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in: § A fatality; § Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or § One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle www. professionalsafetyconsulting. com 39

Accident Recordkeeping ► DOT-Required § 390. 15 Accident Register § List each Recordable Accident (regardless of preventability) § Date of accident § City or town where the accident occurred § Driver’s name § Number of injuries/fatalities § Any hazardous materials spilled (other than fuel from fuel tanks) § Any vehicles towed www. professionalsafetyconsulting. com 40

Accident Recordkeeping ► Accident § 390. 15 Files § DOT requires that a carrier maintains copies of all accident reports required by state/governmental entities or insurers (i. e. all correspondence between insurance companies, police reports, etc. ) § Should also include driver/company reports & photographs www. professionalsafetyconsulting. com 41

Vehicle Maintenance & Inspections FMCSR, Part 396

Vehicle Maintenance Files § 396. 3 ► For Vehicles controlled for 30 or more consecutive days, the motor carrier must maintain, or cause to be maintained, the following for each vehicle: § Identification of the Vehicle ► Company # ► Make ► Serial # ► Year ► Tire size § Name of person furnishing the vehicle if not owned by the motor carrier www. professionalsafetyconsulting. com 43

Vehicle Maintenance Files § 396. 3 § A record of inspections, repairs and maintenance indicating their date and nature § A record of tests on pushout windows, emergency doors, and emergency door marking lights on buses § A means to indicate the nature & due date of the various inspections and maintenance operations to be performed ► Required records must be retained where the vehicle is housed/maintained for 1 year, and for 6 months after the motor vehicle leaves the carrier’s control www. professionalsafetyconsulting. com 44

Driver Vehicle Inspection Reports § 396. 11 ► At the completion of each day’s work, the driver must fill out this form ► Keep for 90 days ► A copy of the last vehicle inspection report must be carried on the power unit www. professionalsafetyconsulting. com 45

Annual Vehicle Inspections § 396. 17 ► DOT requires all vehicles (company & owner/operator) to be inspected at least once a year ► Covers 13 areas and must be signed by the inspector ► Copy of the inspection or decal carried on the vehicle & kept on file ► 22 States with mandatory inspection programs that meet federal requirements www. professionalsafetyconsulting. com 46

Brake Inspector Qualifications § 396. 25 by DOT ► Must meet minimum qualifications to inspect, service, or repair brakes on CMVs ► Certificate completed & kept on file ► Required www. professionalsafetyconsulting. com 47

Inspector Qualifications § 396. 19 ► Required by DOT ► Must meet minimum qualifications to perform federal annual inspections ► Certificate completed & kept on file www. professionalsafetyconsulting. com 48