1. Texas Division NTEPS Presentation September 24, 2009

2. Introduction To Federal Motor Carrier Safety Regulations Why we do the things we do

3. Applicability 390.3 The rules of this chapter are applicable to all employers, employees, and commercial motor vehicles which transport property or passengers in interstate commerce.

4. Additional Requirements Nothing in this chapter shall be construed to prohibit an employer from requiring and enforcing more stringent rules relating to safety of operation and employee safety and health.

5. Knowledge and Compliance Applies to: Every Employer Every Driver All motor vehicle equipment and accessories required shall be maintained in compliance with all applicable regulations contained within.

6. Commercial Motor Vehicle: Any self propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when,

7. 1. Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight of 10,001 pounds or more, whichever is greater, or

8. 2. Is designed or used to transport more than 8 passengers, including driver for compensation. 3. Is designed or used to transport more that 15 passengers, including driver, and is not used to transport passengers for compensation; or

9. 4. Is used to transporting material found by the Secretary of Transportation to be hazardous, and is transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR

10. 390.7 Rules of Construction: SHALL is used in an imperative sense. MUST is used in an imperative sense. SHOULD is used in an recommendatory sense MAY is used in a permissive sense.

11. 391 General Qualifications of Drivers Applications for Employment Investigation and Inquiries Annual inquiry and review of driving records. Record of Violations Road Test Medical Cards

12. 391 Employers must make an inquiry into Drivers History for previous 3 years in any state that he held a drivers license in. Employers must within 30 days show where it has at least attempted to investigate drivers safety performance history with Department of Transportation regulated employers during the past 3 years.

13. 391 Employers shall at least once every 12 months make an inquiry or license check on all CMV drivers. Each Motor Carrier shall require each driver it employs to furnish at list of all violations of traffic laws convicted of for the last 12 months.

14. 392 Driving of CMV 1.Ill or fatigued Drivers 2.Drugs and other Substances 3.Alcohol Prohibition 4.Speed Limits 5.Equipment inspection and use 6.Emergency equipment inspection and use 7.Inspection of cargo, cargo securement

15. 392 8. Railroad grade crossings- stopping required 9. Use of seat belts 10. Unauthorized passengers 11. Radar Detectors

16. 393 Equipment 1. Lamps, Reflective devices, and Electrical 2. Brakes 3. Glass and Window Construction 4. Coupling Devices and Towing methods 5. Miscellaneous Parts and accessories 6. Emergency Equipment 7. Frames, Cabs and body components 8. Cargo Securement

17. 395 Hours of Service 1. Maximun driving time 2. Drivers record of duty status 3. Drivers declared out of service

18. 396 Inspection, Repair, and Maintenance 1. Inspection, repair and maintenance 2. Unsafe operations forbidden 3. Driver vehicle inspection report, DVIR 4. Periodic Inspection 5. Periodic inspection recordkeeping requirements.

19. Part 382 & 40 This section deals with Drug and Alcohol Testing requirements; Who is to be tested Random requirements 50% Drug, 10% Alcohol of your regulated drivers

20. Comprehensive Safety Analysis (CSA) 2010 A New Way To Measure and Address Commercial Motor Vehicle Safety Industry Briefing September 17, 2009 U.S. Department of Transportation Federal Motor Carrier Safety Administration

21. Comprehensive Safety Analysis 2010 What is CSA 2010? CSA 2010 is a pro-active initiative to improve the efficiency and effectiveness of FMCSA’s enforcement and compliance program to achieve the Agency’s mission to reduce commercial motor vehicle (CMV) crashes, fatalities, and injuries. | 21

22. A New Operational Model (Op-Model)

23. SMS BASICs SMS BASICs focus on behaviors linked to crash risk 1.Unsafe Driving (Parts 392 & 397) 2.Fatigued Driving (Hours-of-Service) ; Parts 392 & 395) 3.Driver Fitness (Parts 383 & 391) 4.Controlled Substances/Alcohol (Parts 382 & 392) 5.Vehicle Maintenance (Parts 393 & 396) 6.Cargo Related (Parts 392, 393, 397 & HM) 7.Crash Indicator | 23

24. New Interventions Process The New Interventions Process addresses the… WHAT Discovering violations and defining the problem (similar to current model), but also expanding to include the why and how WHY Identifying the cause or where the processes broke down HOW Determining how to fix it/prevent it through use of Safety Management Cycle and Safety Improvement Resources | 24

25. New Intervention Tools New intervention tools reach more carriers and influence safety compliance earlier Warning Letters Investigations − Offsite Investigations − Onsite Investigations - Focused − Onsite Investigations - Comprehensive Follow-on corrective actions − Cooperative Safety Plan (CSP) − Notice of Violation (NOV) − Notice of Claim (NOC) − Operations Out-of-Service Order (OOS) | 25

26. Current vs CSA 2010 Intervention Process Current CR ProcessCSA 2010 Intervention Process Broad one-size fits-all investigation regardless of extent or scope of safety deficiencies Array of interventions can be tailored to address extent and scope of specific safety deficiencies Resource intensive for agency and time consuming for carrier/fewer carriers contacted Less resource intensive for agency and less time consuming for carrier/more carriers contacted Focuses on broad compliance based on rigid set of acute/critical violations Focuses on improving behaviors that are linked to crash risk Discover what violations existDiscover what safety problem(s) are and why they exist, to facilitate corrective action Major safety problems result in fines (Notice of Claim (NOC)) When problems found, major focus on carrier proving corrective action; significant problems continue to result in fines Focuses on carrierExpands focus to include investigating individual drivers

27. What is Changing? The way FMCSA assesses carrier safety – Identifies unsafe carrier and driver behaviors that lead to crashes – Uses all safety-based roadside inspection violations count – Evaluates/tracks driver performance individually How FMCSA addresses carrier safety issues – Reaches more carriers earlier and more frequently – Improves efficiency of investigations Focuses on specific unsafe behaviors Identifies root causes Defines and requires corrective actions How FMCSA promotes safety – Forces carriers/drivers to be accountable for their safety performance Demands and enforces safe on-road performance – Makes more complete safety performance assessments publicly available 27

28. What Can Carriers Do To Prepare Now? Learn more about CSA: http://csa2010.fmcsa.dot.govhttp://csa2010.fmcsa.dot.gov – Understand the BASICs – Check the site for implementation schedule – Sign up for latest news: RSS/listserv Check and update records – Motor Carrier Census (Form MCS -150) – Inspection and crash report Ensure compliance – Review inspections and violation history over the past 2 years – Address safety problems now – Educate drivers about how their performance impacts their own driving record and the safety assessment of the carrier 28