Operating a Motor Vehicle Fleet Basic Guidelines

Do the Federal Motor Carrier regulations apply to me? Overview Do the Federal Motor Carrier regulations apply to me? How can I tell if a vehicle is a Commercial Motor Vehicle? How do I know when I need a driver with a Commercial Motor License? General Compliance – The Basics Diver Compliance – The Basics

Disclaimer The information being shared today provides basic compliance guidance to the Motor Carrier Safety Regulations. It is not intended to be a substitute for these regulations. For information on how to purchase a complete copy of the Federal motor Carrier Safety Regulations (FMCSR) please go to http://www.dot.gov/ost/dapc/regulations.

Do the FMCSRS apply to me? Answer these questions: Do any of your vehicles engage in interstate commerce? Do any of your vehicles weight over 10,001 pounds, ever? Do any of your vehicles weight over 26,001 pounds, ever? Do you haul hazardous materials in quantities requiring placarding? Do you have vehicles that are “designed or used to transport more than 8 passengers (including the driver) for compensation,” (example, small van or bus)? Do you have vehicles that are “designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation,” (example, small van or bus)? (NOTE: It doesn’t matter if there are actually any passengers on the vehicle or not) If you answered yes to any of the questions, do any of those vehicles cross state lines?

What is a Commercial Motor Vehicle (CMV)? §390.5 Any self propelled or towed vehicle used on public highways in interstate/intrastate commerce to transport passengers or property under one of the following conditions: Vehicles has gross vehicle weight rating (GVWR) or gross combination weight rating of 10,001 or more pounds; Vehicle is designed to transport more than 15 passengers, including the driver; Designed or used to transport more than 8 passengers (including the driver) for compensation; or Vehicle is used in the transportation of hazardous materials in a quantity requiring placarding under the Hazardous Materials Transportation Act (HMTA) Regulations.

You need a CDL driver if the driver is: Do I need a CDL driver? You need a CDL driver if the driver is: Operating a vehicle weighting 26,001 or more Operating a vehicle requiring placarding Operating a vehicle designed or used to transport 15 or more passengers

Helpful definitions & acronyms Interstate - Involving travel or trade between states of the United States Intrastate - Referring to travel or commerce that doesn't cross a state line CDL – Commercial Driver License CMV – Commercial Motor Vehicle FMCSR – Federal Motor Carrier Safety Regulations DOT – Department of Transportation 49 CFR – Part of the federal regulations that pertains to commercial motor vehicles and their drivers

If the vehicle weight is up to 26,000 pounds and What does all this mean? If the vehicle weight is up to 26,000 pounds and Is NOT transporting hazardous materials requiring placarding Is NOT driving a vehicle designed to carry 15 or more people compliance with all of the safety regulations, with the exception of the CDL and drug and alcohol testing requirements, is required the driver does not have to have a CDL If the vehicle weight is over 26,000 pounds or is operating a vehicle carrying hazardous materials or more than 15 passengers, compliance with all of the safety regulations, including drug and alcohol testing, is required the driver must have a CDL

GENERAL COMPLIANCE – The Basics 49 CFR Part §387

Financial responsibility §387 Must have at least the minimum amount of insurance as found in Sec 387.9 - Schedule of Limits. The motor carrier must have proper proof at the Company’s principal place of business. §387.7(d) & §387.31(d) Your motor vehicle insurance agent should be able to assist you with determining the correct amount of insurance needed and type of proof you must maintain.

Marking vehicles §389.21 Interstate Vehicles Intrastate Vehicles Both sides of the vehicle must be marked with the: Name of motor carrier or trade name The motor carrier’s identification number proceeded by USDOT Intrastate Vehicles Rules vary widely from state to state, check your state DOT rules Interstate & Intrastate Compliance with both the FMCSA rules for interstate carriers (§390.21) and the state’s intrastate marking rules is required Size and shape of markings Readily legible, during daylight hours, from a distance of 50 feet (15.24 meters) while the CMV is stationary The lettering of the markings contrast in color to that of the vehicle(s) Be kept and maintained in a manner that retains the legibility required

Marking rented or leased vehicles Both sides of the vehicle must be marked with: your company name as listed on your MCS-150 your USDOT number Before the vehicle is operated on public roads

Accident register §390.15 The following information must be on the accident register: Time and place of accident Driver’s name Number of injuries and fatalities Hazardous materials released if any (other than fuel) Maintain for a period of three years after an accident occurs Maintain copies of all accident reports required by state or other government entities or insurers for a period of one year after an accident occurs §390.15(b)(2)

DOT Definition: Accident §390.5 Involves a commercial motor vehicle operating on a public road that results in at least one of the following: 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 Disabling damage to one or more motor vehicles, requiring the vehicle(s) to be towed or otherwise transported from the scene by a tow truck or other vehicle

DRIVER COMPLIANCE – THE BASICS § 391, § 382, §380

Requirements for a driver operating a CMV §391 Be 18 years old for intrastate transportation Be 21 years old for interstate transportation, or when hauling hazardous materials Speak and read English well enough to do the job Have a driver’s license issued by his/her state, which is valid for the type of vehicle driven Be physically qualified under 49 CFR 391.41 Not be disqualified from driving a commercial motor vehicle under Sec. 391.15 Has successfully completed a road test or its equivalent (Sec. 391.31, 391.33) Be able to drive the vehicle safely Has provided a list of violations as required by Sec. 391.27 Know how to property load and secure cargo

Determine if a driver is qualified Does he/she possess a current, valid medical certificate showing that he or she is physically qualified to drive a commercial motor vehicle? Check his/her driver’s license Do an interview (talk to him/her) in English Give a basic safety quiz in English Run a Motor Vehicle Report Give a road test Give a load securement test

Driver Qualification File (DQ) §391.51 Who must have a Driver Qualification File? Interstate drivers CDL & Non-CDL Operating a CMV Intrastate drivers Depends on state-specific regulations to determine applicability Must be kept at the carrier’s principal place of business for as long as the driver is employed by the carrier and for three years after the driver leaves the carrier’s employ.

What items are required in the DQ file? §391.51 Application for employment (see 49 CFR 391.21 for items required on an application) Inquiry to previous employers (prior to three years) §391.23 Driving record inquiry to state agencies (prior three years) Medical examiner’s certificate (§391.43(g)) Copy of medical waiver, if issued (Subpart B, §381.200 & C, §381.300) Driver’s road test and certificate of road test A legible photocopy of a CDL, is an acceptable substitute if the driver was road tested for the class of vehicle the driver will operate. For exceptions see 49 CFR 391.33 Annual driver’s certification of violations for past 12 months (§391.25) Annual review of driving record showing date and who performed the review (§391.25) Annual copy of driver’s driving record (§391.27)

Controlled substance testing §382.601 Driver must take part in DOT-regulated controlled substance testing if the driver: Is required to possess a commercial drivers license (CDL), and Operates a commercial motor vehicle, or Operates a vehicle which requires placards Tests Required: Pre-employment testing Post-accident testing Random testing Reasonable suspicion Return to duty Follow-up

Controlled Substance Testing Controlled substances tested for include: Marijuana Cocaine Opiates Amphetamines Phencyclidine

Responsibilities as a carrier Must have written substance abuse policies and procedures Must comply with the 50% drug testing & 10% alcohol rules Must obtain, pursuant to a driver’s written consent, the driver’s alcohol and drug compliance records from previous employers Must provide educational materials to each driver explaining the requirements and employer policies and procedures with respect to drug and alcohol testing (see #1) Must ensure all persons who supervise driver receive 60 minutes of training in alcohol and 60 minutes of training on substance abuse as required in Part 382 Must release a driver’s alcohol and drug compliance records to a prospective employer and agencies with regulatory jurisdiction, pursuant to a driver’s written consent Requests may be placed in drivers qualification file

Entry-level driver training §380.503 Over one year experience operating such vehicles in interstate commerce; or Received training in four required areas: Driver Qualification Requirements Hours of Service Driver Wellness Whistleblower Protection A copy of the Entry-Level Driver Training Certificate is retained in the DQ file or personnel file for the duration of employment and for one year thereafter.

LCV (Longer Combination Vehicle) – Driver Training §380.511 All drivers hired to operate Longer Combination Vehicle (LCV) in interstate commerce will either have: An LCV Driver-Training Certificate as evidence of successful completion of an LCV driver training course; or An LCV Driver-Training Certificate of Grandfathering, showing that the driver is exempt from the training requirements based on experience All LCV training certificates or certificates of grandfathering are placed in the Driver Qualification files.

Get help with compliance Carriers are allowed to contract with outside services and consortiums who assist with administration of carrier’s program. Frequently contracted services include: company policy development random selections collection site testing services Regardless, a carrier: Must use a medical review officer (MRO) to review and verify individual controlled substance test results. It is the MRO who must notify the carrier whether a driver’s drug test was positive or negative, and which controlled substance tested positive. Is ultimately responsible for compliance.

Summary Federal Motor Carrier regulations apply to your company. Vehicle is a Commercial Motor Vehicle. When a driver with a Commercial Motor License is needed. Rules for marking. Accident records. Driver Requirements and qualifications. Driver qualification files. Controlled substance testing and your responsibility as a carrier.