georgia department of public safety motor carrier compliance division

Georgia Department of Public SafetyGeorgia Department of Public SafetyMotor Carrier Compliance DivisionMotor Carrier Compliance Division

New Entrant Safety Audit New Entrant Safety Audit ProgramProgram

Captain Doug AyersCaptain Doug Ayers

PurposePurpose

This presentation is intended to This presentation is intended to educate commercial motor carriers educate commercial motor carriers and their drivers on the FMCSA and their drivers on the FMCSA regulations. regulations.

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

Has a gross vehicle rating, Has a gross vehicle rating, gross combination weight gross combination weight rating, gross vehicle weight or rating, gross vehicle weight or gross combination weight of gross combination weight of 4,536 kg (10,001 lbs.) or more4,536 kg (10,001 lbs.) or more

Is designed or used to Is designed or used to transport more than 8 transport more than 8 passengers for compensationpassengers for compensation

Exceptions to General ApplicabilityExceptions to General Applicability

CMVs carrying between 9 and 15 CMVs carrying between 9 and 15 passengers not for direct passengers not for direct compensation or not beyond a 75 compensation or not beyond a 75 air-mile radius from the driver’s air-mile radius from the driver’s normal work reporting location are normal work reporting location are subject to the following subject to the following requirements:requirements:

1.must file Motor Carrier Identification 1.must file Motor Carrier Identification Report Report

2. must maintain an accident register2. must maintain an accident register

3. must mark vehicle with the motor 3. must mark vehicle with the motor carrier identification numbercarrier identification number

REQUIREMENTSREQUIREMENTS

DRIVER QUALIFICATION FileDRIVER QUALIFICATION File

DRIVER DUTY STATUSDRIVER DUTY STATUS

ACCIDENT REGISTERACCIDENT REGISTER

MAINTAINANCE RECORDSMAINTAINANCE RECORDS

CONTROLLED SUBSTANCES & CONTROLLED SUBSTANCES & ALCOLOL USE AND TESTINGALCOLOL USE AND TESTING

Qualifications of DriversQualifications of Drivers

ExemptionsExemptions

There are certain exemptions to There are certain exemptions to these these

guidelines. guidelines.

For a complete list, please visit:For a complete list, please visit:http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/

391.2.htm391.2.htm

Commercial Driver Commercial Driver RequirementsRequirements

Be in good health and physically Be in good health and physically able to perform all duties of a driverable to perform all duties of a driver

Be at least 21 years of ageBe at least 21 years of age

Be able to drive vehicle safelyBe able to drive vehicle safely


Know how to safely load, Know how to safely load, block, brace and secure the block, brace and secure the cargocargo

Have only one valid Have only one valid commercial driver’s licensecommercial driver’s license

Provide an employing motor Provide an employing motor carrier with a list of all carrier with a list of all motor vehicle violations motor vehicle violations (See Part 391.27).(See Part 391.27).


Pass a driver’s road test Pass a driver’s road test or equivalentor equivalent

Complete an application Complete an application for employmentfor employment

Possess a valid medical Possess a valid medical certificatecertificate


Speak and read EnglishSpeak and read English well enough to: well enough to:Converse with the general publicConverse with the general publicUnderstand traffic signs Understand traffic signs and signalsand signalsRespond to official questionsRespond to official questionsBe able to make legible entries Be able to make legible entries on reports and recordson reports and records

Physical RequirementsPhysical Requirements

A person shall not drive a commercial A person shall not drive a commercial motor vehicle unless he/she is motor vehicle unless he/she is physically physically qualified to do so.qualified to do so.

For a complete list of physical For a complete list of physical requirements, please visit:requirements, please visit:http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/391.41.htm391.41.htm

Driver’s ResponsibilitiesDriver’s Responsibilities

A driver shall not operate A driver shall not operate a a

commercial motor vehicle commercial motor vehicle unless:unless:

They can determine They can determine whether the cargo being whether the cargo being transported has been transported has been properly located, properly located, distributed and secured distributed and secured They are familiar with They are familiar with methods and procedures methods and procedures for securing cargofor securing cargo

DisqualificationDisqualification

A driver who is disqualified shall not A driver who is disqualified shall not drive a commercial motor vehicledrive a commercial motor vehicle

A motor carrier shall not require or A motor carrier shall not require or permit a driver who is disqualified to permit a driver who is disqualified to drive a Commercial Motor Vehicle drive a Commercial Motor Vehicle (CMV)(CMV)


A driver can be disqualified if A driver can be disqualified if convicted for:convicted for:

Driving a CMV while under Driving a CMV while under the influence of alcoholthe influence of alcoholDriving a CMV while under Driving a CMV while under the influence of drugs or the influence of drugs or controlled substancescontrolled substancesTransporting or possessing Transporting or possessing a drug or controlled a drug or controlled substancesubstance


Leaving the scene of an Leaving the scene of an accident that involves a accident that involves a CMVCMVUsing a CMV to commit a Using a CMV to commit a felonyfelonyUsing a CMV to violate an Using a CMV to violate an Out-of-Service OrderOut-of-Service OrderUsing a CMV to violate the Using a CMV to violate the railroad-highway grade railroad-highway grade crossing rulecrossing rule

PenaltiesPenalties

A first offender is A first offender is disqualified for one yeardisqualified for one year following conviction or following conviction or forfeiture (6 months for forfeiture (6 months for possession of a controlled possession of a controlled substance)substance)

For a second offense within For a second offense within three years, a driver is three years, a driver is disqualified for three yearsdisqualified for three years

Driver Qualification FileDriver Qualification File

Every motor carrier must have a file for Every motor carrier must have a file for each regularly employed driver that each regularly employed driver that includes:includes:

Driver’s application for employmentDriver’s application for employmentInquiry to previous employer- 3 years Inquiry to previous employer- 3 years accident history.accident history.Inquiry to state agencies – 3 year Inquiry to state agencies – 3 year driving recorddriving recordInquiry to state agencies – annual D/L Inquiry to state agencies – annual D/L checkcheck

Driver Qualification FileDriver Qualification File

Annual review of driving recordAnnual review of driving record

Annual driver’s certification of Annual driver’s certification of violationsviolations

Driver’s road test certificate or Driver’s road test certificate or equivalentequivalent

Medical examiner’s certificateMedical examiner’s certificate

In ConclusionIn Conclusion

Thank you for your time and Thank you for your time and attention!attention!

ACCIDENT REGISTERACCIDENT REGISTERAccident: Accident: An occurrence involving a commercial motor vehicle operating on An occurrence involving a commercial motor vehicle operating on

a public road that results in at least one of the following: a public road that results in at least one of the following:

.. •• A fatality, A fatality,

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

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

.. •• Date and place of accident, Date and place of accident,

.. •• Driver’s name, Driver’s name,

.. •• Number of injuries and fatalities, Number of injuries and fatalities,

.. •• Hazardous materials (other than fuel) released, if any. Hazardous materials (other than fuel) released, if any.

ACCIDENT REGISTERACCIDENT REGISTERFor a period of three years after an accident occurs, For a period of three years after an accident occurs, motor carriersmotor carriers are requiredare required to maintain an accident to maintain an accident register containing the following information: register containing the following information:

Motor carriers are also required to maintain copies of Motor carriers are also required to maintain copies of all accident reports required by State or other all accident reports required by State or other governmental entities or insurers for a period of three governmental entities or insurers for a period of three years after an accident occurs. years after an accident occurs.

Questions?Questions?

www.dps.georgia.gov

RECORD OF DUTY STATUSRECORD OF DUTY STATUSPart 395Part 395

100 Air Mile Radius Driver100 Air Mile Radius Driver A driver is exempt from the requirements of A driver is exempt from the requirements of §395.8§395.8

if:if:

1) The driver operates within a 100 air mile radius 1) The driver operates within a 100 air mile radius of the normal work reporting location;of the normal work reporting location;2)The driver, except a driver salesperson, returns 2)The driver, except a driver salesperson, returns to the work reporting location and is released to the work reporting location and is released from work within 12 consecutive hours;from work within 12 consecutive hours;3)At least 10 consecutive hours off duty separate 3)At least 10 consecutive hours off duty separate each 12 hours on duty;each 12 hours on duty;(4) The driver does not exceed 11 hours (4) The driver does not exceed 11 hours maximum driving time following 10 consecutive maximum driving time following 10 consecutive hours off duty; andhours off duty; and

100 Air Mile Radius Driver100 Air Mile Radius Driver

(5) (5) The motor carrier that employs the driver The motor carrier that employs the driver maintains and retains for a period of 6 months maintains and retains for a period of 6 months accurate and true time records showing:accurate and true time records showing:

1. The time the driver reports for duty each day;1. The time the driver reports for duty each day;

2. The total number of hours the driver is on duty 2. The total number of hours the driver is on duty each day; each day;

3. The time the driver is released from duty each 3. The time the driver is released from duty each day; andday; and

4. The total time for the preceding 7 days in 4. The total time for the preceding 7 days in accordance with accordance with §395.8(j)(2)§395.8(j)(2) for drivers used for for drivers used for the first time or intermittently.the first time or intermittently.

If a driver meets ALL of these requirements, he does not have to carry a log book.

However, the driver must be able to articulate to the

inspector that all the 100 air mile requirements have been

met.

New Short-Haul ProvisionDrivers of property-carrying CMVs New Short-Haul ProvisionDrivers of property-carrying CMVs which do not require a Commercial Driver's License for which do not require a Commercial Driver's License for

operation and who operate within a 150 air-mile radius of operation and who operate within a 150 air-mile radius of their normal work reporting locationtheir normal work reporting location

New Short-Haul ProvisionDrivers of property-carrying New Short-Haul ProvisionDrivers of property-carrying CMVs which do not require a Commercial Driver's License CMVs which do not require a Commercial Driver's License for operation and who operate within a 150 air-mile radius for operation and who operate within a 150 air-mile radius of their normal work reporting location:of their normal work reporting location: May drive a maximum of 11 hours after coming on duty following May drive a maximum of 11 hours after coming on duty following 10 or more consecutive hours off duty. 10 or more consecutive hours off duty. Are not required to keep records-of-duty status (RODS). Are not required to keep records-of-duty status (RODS). May not drive after the 14th hour after coming on duty 5 days a May not drive after the 14th hour after coming on duty 5 days a week or after the 16th hour after coming on duty 2 days a week. week or after the 16th hour after coming on duty 2 days a week. Employer must:Employer must: Maintain and retain accurate time records for a period of 6 months Maintain and retain accurate time records for a period of 6 months showing the time the duty period began, ended, and total hours showing the time the duty period began, ended, and total hours on duty each day in place of RODS. on duty each day in place of RODS. Drivers who use the above-described short-haul provision are Drivers who use the above-described short-haul provision are notnot eligible to use eligible to use 100 air-mile provision 395.1(e)100 air-mile provision 395.1(e) or the current or the current 16-hour exception in 395.1(o)16-hour exception in 395.1(o)..

Required InformationRequired Information

Disciplinary PolicyDisciplinary Policy

Motor Carriers shall have a Motor Carriers shall have a disciplinary policy for disciplinary policy for

noncompliance of Part 395.noncompliance of Part 395.

QUESTIONS ?QUESTIONS ?

(404)624-7210(404)624-7210

www.dps.georgia.govwww.dps.georgia.gov

www.fmcsa.dot.govwww.fmcsa.dot.gov

Inspections, Repairs and Inspections, Repairs and MaintenanceMaintenance

Inspections, Repairs and Inspections, Repairs and MaintenanceMaintenance

Who Who MustMust Comply Comply??Who Who MustMust Comply Comply??

Every motor carrier and Every motor carrier and its:its:

OfficersOfficers

DriversDrivers

AgentsAgents

RepresentativesRepresentatives

EmployeesEmployees

GeneralGeneral Requirements RequirementsGeneralGeneral Requirements Requirements

Every carrier shall systematically inspect, Every carrier shall systematically inspect,

repair and maintain all vehicles under its repair and maintain all vehicles under its

control.control.

RecordkeepingRecordkeepingRecordkeepingRecordkeeping

Motor carriers must maintain the following information Motor carriers must maintain the following information for every vehicle they have for 30 days or more:for every vehicle they have for 30 days or more:

Identifying informationIdentifying information Schedule of inspectionsSchedule of inspections Records of tests conducted Records of tests conducted

on buses with push-out on buses with push-out windows, emergency doors windows, emergency doors and marking lights and marking lights

RecordkeepingRecordkeepingRecordkeepingRecordkeeping

Records must be retained for one year at Records must be retained for one year at the location where the vehicle is garaged, the location where the vehicle is garaged, and for six months after the vehicle leaves and for six months after the vehicle leaves the carrier’s control.the carrier’s control.

Roadside Inspection ReportsRoadside Inspection ReportsRoadside Inspection ReportsRoadside Inspection Reports

Any driver who receives an inspection report Any driver who receives an inspection report must deliver it to the motor carriermust deliver it to the motor carrier

An official of the motor carrier must examine An official of the motor carrier must examine the report and ensure that any the report and ensure that any violations are correctedviolations are corrected

Roadside Inspection ReportsRoadside Inspection ReportsRoadside Inspection ReportsRoadside Inspection Reports

Within 15 days, the carrier must sign and Within 15 days, the carrier must sign and return the completed report to certify that return the completed report to certify that all violations have been correctedall violations have been corrected

A copy of the report must be retained for A copy of the report must be retained for 12 months12 months

Post-Trip Inspection Post-Trip Inspection ReportReport

Post-Trip Inspection Post-Trip Inspection ReportReport

Every driver is responsible for preparing a Every driver is responsible for preparing a daily, post-trip inspection report at the end of daily, post-trip inspection report at the end of each driving dayeach driving day

The report must list any condition that would The report must list any condition that would affect the safety of operationaffect the safety of operation

Post-Trip Inspection Report Post-Trip Inspection Report ChecklistChecklist

Post-Trip Inspection Report Post-Trip Inspection Report ChecklistChecklist

Service brakesService brakes

Parking brakeParking brake

Steering mechanismSteering mechanism

Lighting devices and Lighting devices and reflectorsreflectors

TiresTires

HornHorn

Windshield wipersWindshield wipers

Rearview mirrorsRearview mirrors

Coupling devicesCoupling devices

Wheels and rimsWheels and rims

Emergency equipmentEmergency equipment

PeriodicPeriodic Inspection InspectionPeriodicPeriodic Inspection Inspection

Every vehicle must be inspected at least once Every vehicle must be inspected at least once every 12 monthsevery 12 months

A copy of the periodic inspection report must be A copy of the periodic inspection report must be retained by the motor carrier for 14 months from retained by the motor carrier for 14 months from the report datethe report date

Documentation of the most recent Documentation of the most recent inspection must be kept in the inspection must be kept in the vehiclevehicle

InspectorInspector Qualification QualificationInspectorInspector Qualification Qualification

Motor carriers must ensure that persons Motor carriers must ensure that persons

performing annual inspections:performing annual inspections:

Understand the inspection standardsUnderstand the inspection standards

Be able to identify defective Be able to identify defective componentscomponents

Have knowledge and proficiency Have knowledge and proficiency in methods, procedures and toolsin methods, procedures and tools

Inspector Training or Inspector Training or ExperienceExperience

Inspector Training or Inspector Training or ExperienceExperience

Inspectors may have gained experience or training by:Inspectors may have gained experience or training by:

Completing a State or Federal training program or Completing a State or Federal training program or earning a State qualifying certificate in CMV safety earning a State qualifying certificate in CMV safety inspectionsinspections

A combination of other training A combination of other training or experience totaling at least or experience totaling at least a yeara year

Evidence of QualificationsEvidence of QualificationsEvidence of QualificationsEvidence of Qualifications

Motor carriers must retain evidence of an Motor carriers must retain evidence of an

inspector’s qualifications until one year inspector’s qualifications until one year

after the inspector ceases to perform after the inspector ceases to perform

inspections for the carrier.inspections for the carrier.

Periodic Inspection Periodic Inspection EquivalentEquivalent

Periodic Inspection Periodic Inspection EquivalentEquivalent

The motor carrier may meet periodic The motor carrier may meet periodic

inspection qualifications through:inspection qualifications through:

State or other jurisdiction’s roadside State or other jurisdiction’s roadside inspection programinspection program

Self-inspection by qualified employeeSelf-inspection by qualified employee

Third party inspection by qualified Third party inspection by qualified individualindividual

Brake Inspector QualificationBrake Inspector QualificationBrake Inspector QualificationBrake Inspector Qualification

The motor carrier is responsible for ensuring that The motor carrier is responsible for ensuring that all inspections, maintenance, repairs and service all inspections, maintenance, repairs and service to brakes of CMVs comply with FMCSA to brakes of CMVs comply with FMCSA regulationsregulations

The carrier must ensure that the employees The carrier must ensure that the employees responsible for brake inspection, maintenance, responsible for brake inspection, maintenance, service or repairs meet minimum brake service or repairs meet minimum brake inspector qualificationsinspector qualifications

Understand and be able to perform the Understand and be able to perform the brake service and inspectionbrake service and inspection

Know the methods, procedures, tools Know the methods, procedures, tools and equipment neededand equipment needed

Be qualified to perform brake service or Be qualified to perform brake service or inspection by training and/or experienceinspection by training and/or experience


Qualifying Brake Training Qualifying Brake Training or Experienceor Experience

Qualifying Brake Training Qualifying Brake Training or Experienceor Experience

Includes successful completion of:Includes successful completion of:A State or Federal agency or union A State or Federal agency or union training programtraining programA State-approved training programA State-approved training programTraining that led to attainment of a State Training that led to attainment of a State qualifying certificatequalifying certificateOne year of brake-related training, One year of brake-related training, experience or a combination of bothexperience or a combination of both

Maintaining Evidence of Brake Maintaining Evidence of Brake Inspector QualificationsInspector Qualifications

Maintaining Evidence of Brake Maintaining Evidence of Brake Inspector QualificationsInspector Qualifications

Motor carriers must maintain evidence of Motor carriers must maintain evidence of brake inspector qualification at the brake inspector qualification at the principal place of business or the location principal place of business or the location where the inspector workswhere the inspector works

Evidence must be retained for the period Evidence must be retained for the period during which the brake inspector is during which the brake inspector is employed in that capacity, and for one employed in that capacity, and for one year thereafteryear thereafter

Understand and be able to perform Understand and be able to perform the brake service and inspectionthe brake service and inspection

Know the methods, procedures, Know the methods, procedures, tools and equipment neededtools and equipment needed

Be qualified to perform brake Be qualified to perform brake service or inspection by training service or inspection by training and/or experienceand/or experience


THANK YOUTHANK YOU!!

georgia department of public safety motor carrier compliance division

Documents

motor vehicle violations

commercial motor carriers

employing motor carrier

gross vehicle weight

gross vehicle rating

driver requirementsbe

responsibilitiesa driver

drivers road test