Who is responsible for keeping dangerous commercial drivers off the road?
Major Developments in Transportation Shipping to rail to highways (trucks) Prior to 1986-unregulated and varying from state to state 1986 – Congress enacted the Commercial Motor Vehicle Safety Act to improve the safety of commercial motor vehicle (CMV) drivers throughout the nation
CDLIS (Commercial Drivers License Information System) Created as a result of the Commercial Motor Vehicle Safety Act of 1986 (CMVSA) Intended to serve as a pointer system for information related to CDLs Prior to issuing new CDL, states must query CDLIS to determine status in other states. Only as strong as the information it receives
Title 49 Code of Federal Regulations Violations – 49 CFR 383.51 Licensing Requirements – 49 CFR 383 and 384 Definitions – 49 CFR 390.5 and 383.5
Michigan Public Act 181 of 1963 Adopts most of the FMCSR’s as State Law Provides some exemptions for intrastate carriers. Sets penalties for citations issued by a state or local law enforcement officer.
ACT 181 Penalties Basic violations of the act are a state civil infraction with a fine of not more than $250.00 for each violation. A driver or motor carrier operating a vehicle in violation of an out-of-service order is responsible for a state civil infraction and shall be assessed a fine of not more than $500.00. Operating a commercial motor vehicle with a serious safety defect is a state civil infraction and shall be assessed a fine of not more than $500.00 for each violation.
Hazardous Material Violations 480.17c Violation of Hazardous Material Regulations is a state civil infraction with a fine of not more than $500.00 for each violation. knowingly or willfully violating HMR’s is a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $500.00, or both, for each violation.
Terms to Remember CMV-Commercial Motor Vehicle CDL-Commercial Driver’s License GVWR-Gross Vehicle Weight Rating (assigned by manufacturer-not the actual weight) GCWR-Gross Combination Weight Rating (assigned by manufacturer-not the actual weight) FMCSA-Federal Motor Carrier Safety Administration
Commercial Motor Vehicle Definition (49 C.F.R. § 382.107) _______________________________________________________________________________________________________________________________ ________________ Single/combination vehicle used in commerce to transport people or property if 1.Has GCWR of 26,001 or more inclusive of towed unit with GVWR or more than 10,000 pounds OR 2.Has a GVWR of 26,001 pounds OR 3.Is designed to transport 16 or more passengers, including the driver OR 4.Any size or type of vehicle actually used to transport hazardous materials [for purposes of Hazardous Material Transportation Act (49 U.S.C. 5103(b))] requiring the vehicle to be placarded pursuant to Hazardous Materials Regulations (49 CFR part 172, subpart F)
Types of CMV (49 C.F.R. § 383.91) Group A- Combination Vehicle Group Group B- Heavy Straight Vehicle Group C- Small Vehicle
Group A- Combination Vehicle Any combination of vehicles with a GCWR of 26,001 pounds or more provided the GVWR of the vehicle being towed is more than 10,000 pounds.
Group B- Heavy Straight Vehicle Any single vehicle with a GVWR of 26,001 or more or any such vehicle towing a vehicle not in excess of 10,000 pounds.
Group C- Small Vehicle Any single vehicle or combination o f vehicles not meeting the definition of Group A or Group B that is designed to transport 16 or more passengers (including the driver) OR is used in the purposes of the Hazardous Materials Transportation Act and which requires the vehicle to be placarded under the Hazardous Materials Regulations (49 C.F.R. Part 172).
VEHICLE / CDL TYPES P i ck Up Straight Truck Truck -Tractor and Semi Trailer CDL B Over 26,001 lbs. CDL A
VEHICLE / CDL TYPES Dump Truck 3 axle dump CDL B Truck Tractor Semi-Trailer 5 axle Tandem-Tandem – CDL A Truck Tractor Double Semi-Trailers B-Train CDL A (T) Endorse
Truck - Tractor “Bobtail” CDL B 257.77 Truck-Tractor: means every motor vehicle designed and used primarily for drawing other vehicles, and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn, except that a truck tractor and semi-trailer engaged in the transportation of automobiles may transport motor vehicle on part of the power unit.
Pickup Truck and Semi-Trailer CDL A/B/or chauffeurs license? There is no statutory definition of a pickup truck. A.G. Opinion is that a pickup is a vehicle that is constructed as such without alteration. (i.e. if the bed is intact and no alterations are made than it is a pickup truck).
Pickup Truck and Semi-Trailer A semi-trailer is the proper class for (goose neck trailer) which does not require it to have safety chains. Privately owned and used for transport of recreational equipment. NO CDL.
Truck Tractor and Semi-Trailer With or without alterations this is a Truck-Tractor
Full Trailer Trailer : Every vehicle with or without motive power, other than a pole-trailer, designed for carrying property or persons and for being drawn by a motor vehicle and so constructed that no part of its weights rest upon the towing vehicle.
What is a CDL? 1986 Commercial Motor Vehicle Safety Act Specialized license required by all states to operate CMVs (buses, tractor trailers, tow trucks) Uniform system of testing and licensing Uniform system of disqualification for major and serious violations of traffic laws
A driver can only have ONE CDL! Federal law prohibits drivers from holding a CDL in more than one state.
Who needs a CDL? Most operators of CMVs Some exemptions apply States may require non-commercial type license for larger vehicles
Is the GCWR/GVWR* of the vehicle or vehicles >26,001 lbs.? Is the vehicle used to transport hazardous/toxic material (which is should be placarded) as classified by 49 U.S.C. 5103/49 C.F.R. Part 172 or 42 C.F.R. Part 73 or designed to transport 16 or more passengers including the driver? Is the driver operating a vehicle that is a combination vehicle? Is the total GVWR of thevehicle(s) being towed >10,000 lbs? Class A CDL Class B CDL Class C CDL Is the GVWR of the power unit alone >26,001 lbs? Yes NO CDL REQUIRED No Yes No
Exemptions & Waivers Waiver - 49 CFR 381.200 - temporary regulatory relief from one or more FMCSR given to a person subject to the regulations under 49 CFR 382,383,390.19, 390.21,391,393, 395, 396,396.25, 399 Exemption – 49 CFR 381.300 - temporary regulatory relief, renewable for up to two years, from one or more FMCSR given to a person or class of persons subject to the regulations, or who intend to engage in an activity that would make them subject to the regulations under 49 CFR 382, 383, 391, 392, 393, 395 396, 396.25 399 –Farmers/agriculture-Firemen or women –Military -Others
Three Classifications of CDL Class A for larger trucks and combination vehicles (tractor trailers, tankers, etc.) Class B for single trucks (dump trucks) or large passenger vehicles (interstate motor coach) Class C for smaller passenger vehicles (16 including driver) or hazmat transport
State Obtained CDL Endorsements Hazardous Materials Tank Vehicles Passenger Vehicles School Bus Double/Triple Trailers
License Restrictions May Apply 49 CFR 383.95 Air Brake Medical Variance Restrictions
CDL Requirements Drivers must fulfill specific state requirements for licensing Drivers must be qualified per state and federal regulations in order to receive a CDL
Basic Prerequisites CDLIS check – no disqualifications No current suspensions, revocations Proof of legal presence English proficiency Criminal history check not required for most CDL applicants (hazmat does require this)
Driver Testing Testing is fairly uniform throughout a state and across the country Testing must include both skills and knowledge based portions Drivers must test in appropriate CMV Learner’s permit may be issued
Three Part Skills Test Pre-trip inspection Basic vehicle control On road driving
Medical Conditions Can Disqualify Driver 49 CFR 391.41 Any illness, injury or prescription that impairs Methadone use/Alcoholism/Drug Use Chronic conditions (epilepsy, apnea, balance disorders) Multiple other conditions may disqualify if they impair or could impair driving ability
Medical Examination By physician or other approved examiner No medical drug screen required Basic screening (self-reporting) Some conditions prevent qualifications Some conditions can be given medical waiver Driver must carry medical certificate
Upcoming Changes CDL Self Certification. Starting on January 30, 2014 interstate drivers will no longer be required to carry a medical certificate. It will be part of their CDLIS record. National Registry of Medical Examiners will require drivers to obtain a medical exam only from medical examiners in the registry.
CMV Drug Testing Pre-employment tests may not be kept Only a percentage of an employers drivers must be tested for drugs and alcohol Not all drugs detected by employer screens
Many criminal and traffic laws affect CDL holders differently Any felony in ANY motor vehicle disqualifies CDL holder for 1 yr. Second major violation can disqualify for LIFE Definition of conviction is different under federal regulations
Handheld Mobile Telephone FMCSR 392.83 a(1) No driver shall use a hand-held mobile telephone while driving a CMV (2) No motor carrier shall allow or require its drivers to use a hand-held mobile telephone while driving a CMV
Definition For the purpose of this section only, driving means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.
Emergency Exception Using a hand-held mobile telephone is permissible by drivers of a CMV when necessary to communicate with law enforcement officials or other emergency services.
Mobile Telephone -means a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the Federal Communications Commission, 47 CFR 20.3. It does not include two-way or Citizens Band Radio services.
Use a hand-held mobile telephone means: (1) Using at least one hand to hold a mobile telephone to conduct a voice communication; (2) Dialing or answering a mobile telephone by pressing more than a single button, or (3) Reaching for a mobile telephone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with 49 CFR 393.93 and adjusted in accordance with the vehicle manufacturer's instructions.
Texting- FMCSR 392.80 Prohibition. No driver shall engage in texting while driving. Motor carriers. No motor carrier shall allow or require its drivers to engage in texting while driving.
Definition For the purpose of this section only, driving means operating a commercial motor vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle with or without the motor running when the driver moved the vehicle to the side of, or off, a highway, as defined in 49 CFR 390.5, and halted in a location where the vehicle can safely remain stationary.
Emergency exception. Texting while driving is permissible by drivers of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.
TEXTING while driving a CMV Texting means manually entering alphanumeric text into, or reading text from, an electronic device. (1) This action includes, but is not limited to, short message service, emailing, instant messaging, a command or request to access a World Wide Web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry, for present or future communication.
Texting does not include: Inputting, selecting, or reading information on a global positioning system or navigation system; or Pressing a single button to initiate or terminate a voice communication using a mobile telephone; or Using a device capable of performing multiple functions ( e.g., fleet management systems, dispatching devices, smart phones, citizens band radios, music players, etc. ) for a purpose that is not otherwise prohibited in this part.
257.602b (1) Except as otherwise provided in this section, a person shall not read, manually type, or send a text message on a wireless 2-way communication device that is located in the person's hand or in the person's lap, including a wireless telephone used in cellular telephone service or personal communication service, while operating a motor vehicle that is moving on a highway or street in this state. As used in this subsection, a wireless 2-way communication device does not include a global positioning or navigation system that is affixed to the motor vehicle. Beginning October 28, 2013, this subsection does not apply to a person operating a commercial vehicle.
257.602b (2) Except as otherwise provided in this section, a person shall not read, manually type, or send a text message on a wireless 2-way communication device that is located in the person's hand or in the person's lap, including a wireless telephone used in cellular telephone service or personal communication service, while operating a commercial motor vehicle on a highway or street in this state. As used in this subsection, a wireless 2-way communication device does not include a global positioning or navigation system that is affixed to the commercial motor vehicle. This subsection applies beginning October 28, 2013.
Masking is Prohibited by Federal Law (49 C.F.R. § 384.226) The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CDL driver’s conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (except a parking violation) from appearing on the driver’s record, whether the driver was convicted for an offense committed in the State where the driver is licensed in another State
Conviction Pursuant to 49 C.F.R §383.5 Any unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an unauthorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendre accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
Safety Inspections Prior to operation, drivers must inspect vehicle A driver may not operate or be forced to operate a vehicle he or she deems unsafe Federal law prohibits employers from retaliating against drivers who refuse to operate unsafe vehicles
Records CMV drivers are required to carry certain documents with them at all times Documents should be carried indicating operational ability and purpose of vehicle Documents must be carried indicating valid license of driver, medical certification hours of service and other documents as required by law
Hour of Service Rules Basic guidelines set by federal law determine how long a driver may safely operate a commercial vehicle Driving time and rest periods are mandated Drive time accumulates over days with maximum consecutive days on duty set as well Carriers should be aware of recent changes to HOS rules Latest rules available at FMCSA website
Hours of Service Drivers are required to keep records or ‘logs’ of their drive times and mandated rest periods Logs may be hand-written or electronic Safety inspectors can assist with interpretation of logs and should be contacted if violation is suspected State rules may stricter
Hours of Service HOS rules differ depending on load (cargo vs passenger) Some exceptions will apply (emergency severe weather, some load content, etc.) Time spent as licensed driver accompanying another driver holding a learner’s permit is considered as ‘on duty’ time
Out of Service Orders Unsafe conditions revealed by inspection or investigation may result in out of service orders Out of service orders can be issued to vehicle or driver or entire fleet Only designated safety inspectors can issue out of service orders
Out of Service Order May be issued to driver for any critical violation (alcohol use, violation of hours of service, etc.) Order remains in effect at least until condition corrected Violation of order may result in CDL disqualification from 180 days to one year
INDUSTRY FAIRNESS (Carriers in Compliance)… expect and deserve a level playing field where they can compete with others in their business who also follow the rules… NDAA CDL Monograph
PROSECUTION / Civil Action 15 U.S.C. §45 (1) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful. (2) The Commission is hereby empowered and directed to prevent persons, partnerships, or corporations… common carriers subject to the Acts to regulate commerce… from using unfair methods of competition in or affecting commerce and unfair or deceptive acts or practices in or affecting commerce.
Post Crash Law enforcement may seize/keep vehicle Company may receive request for permission to download data recorder Subpoenas may be issued for employment records of driver or repair records for vehicle involved Subpoena may be issued for any post or pre-crash drug test of driver
Interstate Carriers Strictly controlled by federal law New applicants must apply Carrier subject to inspection and control by federal and state authorities
Employees Employers have federal duty to use only licensed and qualified drivers Additional civil duty may require background screening (no federal requirement) Must remove unsafe drivers
Drug testing No government drug tests for drivers All testing employer based Testing must follow federal protocols Positive tests require employer action
Drug Testing Random testing Reasonable suspicion testing Post crash testing
Must follow federal guidelines Medical marijuana disallowed Methadone disallowed DOT policy may trump employment law provisions
Drug Free Work Place Act 1988 All grant funded employers Contracted with Federal government
Reporting Dangerous CDL Holders Drivers with apparently impairing medical/mental health issues Drivers with apparent drug or alcohol active addiction or patterns of abuse All defendants with apparent drug or alcohol active additions or abuse All defendants with apparent mental health or medical issues that could impair ability to operate CMV safely Who else???
Compliance Review Carriers are subject to review Employee records scrutinized Entire fleet and safety practices subject to inspection Detailed records must be kept in accordance with state and federal law
Out of Service Orders Some vehicles or entire fleet may be placed out of service If carrier is placed out of service for critical violations (those potentially causing imminent harm), corrective action can restore status
Useful websites Federal Motor Carrier Safety Administration-USDOT regulations –www.fmcsa.dot.gov Michigan State Police Commercial Vehicle Enforcement Division –www.michigan.gov/motorcarrier Michigan Center for Truck Safety –www.truckingsafety.org