GENERAL REQUIREMENTS

Reference Part 390 Federal Motor Carrier Safety Regulations http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/390.htm To view the specific FMCSA regulations, please click on the link on the above slide.

Purpose This presentation is intended to educate all personnel of motor carrier companies on the FMCSA general safety regulations. The following presentation is a brief overview of the FMCSA general safety regulations.

Applicability The Federal Motor Carrier Safety Regulations (FMCSRs) apply to all employers, employees and commercial motor vehicles transporting property or passengers in interstate commerce. http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/390.3.htm

Exceptions to General Applicability Transportation provided by Federal, state and local governments Occasional transportation of personal property by individuals for non-commercial purposes School bus operations Transportation of human corpses or sick and injured people FMCSA guidelines apply to commercial motor vehicle drivers, employers and motor carriers. Transportation provided by the government, occasional transportation of personal property for non-commercial purposes, school bus operations and the transportation of human corpses or sick/injured people are considered exceptions to general applicability.

Exceptions to General Applicability CMVs carrying between 9 and 15 passengers not for direct compensation or not beyond a 75 air-mile radius from the driver’s normal work reporting location are subject to the following requirements: 1.must file Motor Carrier Identification Report 2. must maintain an accident register 3. must mark vehicle with the motor carrier identification number Commercial motor vehicles carrying between nine and fifteen passengers for compensation are also exempt from most of the FMCSRs. They must still file a Motor Carrier Identification Report, maintain an accident register, and mark vehicle with the motor carrier identification number.

What is a Commercial Motor Vehicle (CMV)? Any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property that meets at least one of the following criteria: The definition of a commercial motor vehicle is any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property that meets at least one of the following criteria off of the next two slides.

What is a Commercial Motor Vehicle (CMV)? Has a gross vehicle rating, gross combination weight rating, gross vehicle weight or gross combination weight of 4,536 kg (10,001 lbs.) or more Is designed or used to transport more than 8 passengers for compensation

What is a Commercial Motor Vehicle (CMV)? Is designed or used to transport more than 15 passengers without compensation or Is used in transporting hazardous material

Motor Carrier Responsibility Whenever a duty is prescribed for a driver or a prohibition is imposed on a driver, it is the duty of the motor carrier to ensure compliance with that duty or prohibition. A motor carrier is responsible for any and all actions of the drivers that it employs.

Motor Carrier Identification Report Each motor carrier that conducts operations in interstate commerce must file a Motor Carrier Identification Report (Form MCS-150) at the following times: before it begins operations every 24 months A Motor Carrier Identification Report must be filed before it begins operations and every 24 months.

Type of Accident Required to be Reported by Motor Carrier An occurrence involving a CMV operating on a public road that results in at least one of the following: a fatality bodily injury to a person disabling damage to one or more motor vehicles It is important for a motor carrier to report all accidents resulting in a fatality, bodily injury or disabling damage to at least one of the vehicles.

Accident Register For one year after an accident, motor carriers are required to maintain an accident register containing: date and location of accident driver’s name number of injuries and fatalities hazardous materials (other than fuel) released other information as required Motor carriers are required to keep a register for one year after an accident. This register must contain the date and location of the accident, the driver’s name, the number of injuries and/or fatalities, hazardous materials released, and other information as required.

Assistance in Investigations A motor carrier shall: make all records and information pertaining to an accident available to an authorized representative of the FMCSA upon request; give an authorized representative of the FMCSA all reasonable assistance in the investigation of any accident including providing a full, true and correct answer to any question of the inquiry. It is very important that employees and employers assist in any official investigations. A motor carrier shall make all records and information regarding an accident available to an authorized FMCSA representative.

Vehicle Identification Every CMV operated by a motor carrier in interstate commerce must be marked on BOTH sides with the following: motor carrier’s name or trade name city and state of its principal place of business motor carrier’s identification number preceded by “US DOT” It is every motor carrier’s responsibility to ensure that all vehicles under it’s operation are properly marked. Both sides of the vehicle must be marked with the motor carrier’s name, the city and state of its principal place of business and the motor carrier’s identification number preceded by “US DOT.”

Emergencies Relief from Parts 390-399 of the FMCSRs may be granted during declared emergencies to any motor carrier who provides emergency assistance.

Aiding and Abetting Violations No person shall aid, abet, encourage or require a motor carrier or its employees to violate the FMCSA rules. Serious consequences can occur if someone is aiding, abetting or encouraging a motor carrier or any of its employees to violate FMCSA regulations.

Created by: http://www.scpr.com/ Violation and Penalty Any person who violates FMCSA regulations may be subject to civil or criminal penalties. Created by: http://www.scpr.com/