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Safety Rules for Non-profit Transportation Providers

Mathew Perkinson and Jason SharpJune 13, 2019

CTANW Summit

05/18/2017

• Purpose

• Ensure transportation companies operate safely and in compliance with state and federal regulations

• Revised Code of Washington 81.66• Issue certificates• Insurance• Inspect vehicles• Regulate the safety of operations of each provider

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• Mission

• The program focuses its energy on the mission of the agency to protect the people of Washington by ensuring that transportation services are safe, available and reliable.

• The program upholds and demonstrates commission values• Professionalism• Accountability• Integrity• Respect

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• Commission staff documented a rise in safety violations throughout the industry

• In response our safety investigation policy is updated to provide clarification

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• May 1, 2019, UTC Letter

• Annual report safety certification

• Community Transit Association Summit – June 13

• Washington State Transit Association Public Transportation Conference –August 20

MOTOR CARRIER SAFETY CERTIFICATION

REQUIRED: Does your company operate any vehicle with a seating capacity of seven or more persons, including the driver? Enter Yes or No.

The commission appreciates the service you provide to enhance the quality of life for those with special transportation needs. With their safety in mind, please review the safety requirements below.

If your company operates any vehicle(s) with a seating capacity of seven or more persons, including the driver, the following safety rules apply:

Seven to 15 passengers (including driver)

• Minimum insurance of $500,000 (WAC 480-31-70)• Company must maintain an accident register with accident reports (49 CFR Part 390)• Maintain driver qualification files including medical certificates (49 CFR Part 391)• Vehicle must be marked (WAC 480-31-110)•Company must ensure vehicles are properly equipped (lights, brakes, etc.) (WAC 480-31-120)• Maintain vehicle maintenance files and inspect, repair, and maintain vehicles (49 CFR Part 396) *Note-Driver Vehicle Inspection Reports and Department of Transportation Periodic Inspections are not required for vehicles with this seating capacity

16 or more passengers (including driver)

Your company must comply with all requirements related to operating a commercial motor vehicle including commercial driver license, medical certification, and controlled substance and alcohol testing requirements. You must maintain a minimum insurance liability of $1,000,000 (WAC 480-31-70). Visit our website to download a copy of our guide to “Achieving a Satisfactory Motor Carrier Safety Record.”

If you do not fully understand the safety requirements that apply to your company, please contact the Commission’s Motor Carrier Safety program for technical assistance before completing the certification below.

I am a qualified safety official and certify that I have read and understand how to comply with the safety requirements above.

Name

Title

Company

Street Address

City

Telephone

Email

You may electronically sign by typing your signature in block.

X

Date

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• Persons with special transportation needs - Those persons, including their personal attendants, who because of physical or mental disability, income status, or age are unable to transport themselves or to purchase appropriate transportation.

• Private, nonprofit transportation provider - A private, nonprofit corporation providing transportation services for compensation to persons with special transportation needs.

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Safety Compliance Review

Destination Checks

Vehicle Inspections

Complaint and Incident Response

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• Onsite assessment of carrier’s safety compliance• Six factors:

• Factor 1 General (CFR 387 and 390)• Factor 2 Driver (CFR 382, 383, and 391)• Factor 3 Operational (CFR 392 and 395)• Factor 4 Vehicle (CFR 393 and 396)• Factor 5 Hazmat• Factor 6 Accident Recordable Rate

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• Violation Types

Acute ViolationRequires immediate corrective action by motor carrier

Critical ViolationIndicates a breakdown in carrier’s management control

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• Carrier receives a safety rating at completion of the review:

• Satisfactory• Conditional• Unsatisfactory

• Enforcement Policy:

• Technical assistance • Administrative penalties • Suspending and canceling certificates

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• Applicability is based on seating capacity of company’s vehicles (driver included)

• Six or fewer passengers• Seven to 15 passenger• 16 and more passengers

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• Six or fewer passengers (including driver)

• Minimum insurance - $500,000

• Ensure drivers have valid driver licenses

• Regularly inspect, repair, and maintain vehicles according to 49 Code of Federal Regulation (CFR 396)

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Vehicles carrying seven to 15 passengers (including driver)

• Minimum insurance - $500,000• Maintain accident register with accident reports (CFR

390)

• Maintain driver qualification file including medical certificate (CFR 391)

• Ensure vehicle is properly marked (WAC 480-31-110)

• Maintain vehicle maintenance files and inspect, repair and maintain vehicles (CFR 396 and WAC 480-31-120)

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• Vehicle seating capacity of less than 16 passengers, including driver

• No provider may operate upon the public highways without insurance

• $500,000 combined single limit• Must submit insurance to UTC (Form-E)

• transportation@utc.wa.gov

• When you must record an accident:

• If any fatalities• If anyone is transported away from the scene in

an ambulance for medical treatment• If any of the vehicles are towed away from the

scene

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• Driver must possess a valid medical certificate/waiver

• National Registry of Certified Medical Examiners

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• Employment application • Inquiry to previous employer(s) (DIHF) page 75• Driver abstract within 30 days of hire (Department of

Licensing)

• Annual driver abstract and review• Annual driver’s certification of violations• Driver’s road test certificate or equivalent• Medical certificate/waiver

• Verification of medical examiner listing on the National Registry of Certified Medical Examiners (CFR 391.23(m))

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• Step 1: Have driver complete certification of violations and Operator’s License and sign form.

• Step 2: Obtain drivers abstract

• Step 3: Review abstract and certification of violations.

• Excessive traffic violations• License is valid• Any suspensions• Correct type of license• Medical certificate on file

• Step 4: Sign, Your Title, and Date reviewed.

• Step 5: Place in driver qualification file with abstract

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• Registered name with the UTC and certificate number displayed on driver and passenger side of the vehicles

• Interstate and intrastate operators should display the USDOT number and UTC certificate number

• Markings clearly legible - letters no less than 3 inches in height, contrasting color with vehicle body

• Note: Name of provider may be omitted when authorized by letter from secretary of the commission

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• Carrier required to inspect, repair and maintain all vehicles it owns or operates

• A preventative maintenance program must be established and maintained

• Records are to be maintained for one year, and for six months after the vehicle leaves the fleet

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• Vehicle files must contain company vehicle number, make, VIN number, model year and tire size

• A preventative maintenance schedule for the vehicle• Record of inspections, repairs and maintenance for the vehicle

• A record of tests conducted on pushout windows, emergency doors, and emergency door marking lights on buses each 90 days (if equipped)

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Vehicles carrying 16 or more passengers (including driver)

• Controlled Substances and Alcohol Testing (CFR 382)• Commercial Drivers License (CFR 383)• Maintain minimum insurance of $1,000,000 (WAC 480-

31-070(1))

• Definitions and Accident Requirements (CFR 390)

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Vehicles carrying 16 or more passengers (including driver)

• Qualification of Drivers (CFR 391)

• Driver Operations (CFR 392)• Parts and Accessories (CFR 393)• Hours of Service (CFR 395)• Inspection, Repair and Maintenance Records (CFR

396)

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• Download our guide to “Achieving a Satisfactory Motor Carrier Safety Record” at www.utc.wa.gov

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Permits and Insurance Questions (360) 664-1222; transportation@utc.wa.gov

Safety Questions Jason Sharp, (360) 701-1603; jason.sharp@utc.wa.gov

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