Transcript Introduction To Federal Motor Carrier Regulations

Texas Division
NTEPS Presentation September 24, 2009
Texas Division
Introduction To Federal Motor
Carrier Safety Regulations
Why we do the things we do
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.
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.
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.
Commercial Motor Vehicle:
Any self propelled or towed
motor vehicle used on a highway
in interstate commerce to
transport passengers or property
when,
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
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
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
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.
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
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.
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.
392
Driving of CMV
1.
2.
3.
4.
5.
6.
7.
Ill or fatigued Drivers
Drugs and other Substances
Alcohol Prohibition
Speed Limits
Equipment inspection and use
Emergency equipment inspection and use
Inspection of cargo, cargo securement
392
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•
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8. Railroad grade crossings- stopping required
9. Use of seat belts
10. Unauthorized passengers
11. Radar Detectors
393
Equipment
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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
395
Hours of Service
• 1. Maximun driving time
• 2. Drivers record of duty status
• 3. Drivers declared out of service
396
Inspection, Repair, and Maintenance
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1. Inspection, repair and maintenance
2. Unsafe operations forbidden
3. Driver vehicle inspection report, DVIR
4. Periodic Inspection
5. Periodic inspection recordkeeping
requirements.
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
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
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.
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A New Operational Model (Op-Model)
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
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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
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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)
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Current vs CSA 2010 Intervention Process
Current CR Process
CSA 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 exist
Discover 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 carrier
Expands focus to include investigating
individual drivers
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
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What Can Carriers Do To Prepare Now?
• Learn more about CSA: http://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
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