Transcript Michigan Center for Truck Safety

Management Training Department present . . .
Commercial Motor Vehicles
Safety Regulations
An Overview
Great Lakes Trade Exposition
January 7, 2009
Introduction
In 1984 the U.S. Congress passed the
Motor Carrier Safety Act. The Act
directed the Secretary of
Transportation to determine the fitness
of all motor carriers operating in
interstate commerce.
In 1990 Michigan amended the Michigan Motor Carrier Safety
Act (Act 181 of 1963) to adopted these regulations for
Michigan motor carriers operating in intrastate commerce.
Act 181 was amended again in October 2005 with significant
changes to bring the Michigan into closer compliance with federal
regulations.
Goals

Familiarize Michigan motor carriers with the numerous
safety rules and regulations governing the trucking
industry.

Explain record-keeping
requirements contained
in the regulations.

Prepare motor carriers
for a state or federal
compliance review.
References
The complete text of the rules and regulations discussed in
this programs and referenced in this summary study guide
are contained in:
 The Federal Motor Carrier
Safety Regulations (FMCSR)
 The Michigan Motor Carrier
Safety Act (PA 181 of 1963)
 The Michigan Vehicle Code
Note: if you transport hazardous materials . . .
Compliance with Hazardous Materials Regulations Is required.
Applicability
 For-hire and private carriers operating commercial motor vehicles in
interstate and/or intrastate commerce.
A commercial motor vehicle is:
 a single vehicle with a GVWR of 10,001 pounds or more, or
 a combination vehicle with GCWR of 10,001 pounds or more, or
 any single or combination vehicle with an actual loaded weight
of 10,001 pounds or more
Note: Any person who operates a CMV is a driver
Applicability
Applicability

Transporting passengers in vehicles designed or used to
carry 16 or more people including the driver.

Transporting hazardous materials in amount that
require the vehicle to be placarded.
Compliance Areas
Michigan Vehicle Code
Act 300
Commercial Driver’s License Standards
Federal Motor Carrier Safety Regulations
Part
Part
Part
Part
Part
Part
Part
390
391
382
392
393
395
396
General
Qualification of Drivers
Controlled Substance and Alcohol Use Testing
Driving Commercial Motor Vehicles
Parts and Accessories
Hours of Service of Drivers
Inspections, Repairs, and Maintenance
Act 300 MCL
Commercial Driver’s License (CDL)
A Michigan resident requires a CDL if he/she operates a commercial motor
vehicle defined as a:
Single Vehicle having a gross vehicle
weight rating (GVWR) of 26,001 pounds
for more. CDL- B, or
Combination Vehicle having a gross combination
weight rating (GCWR) of 26,001 or
more, towing a trailer or other vehicle
having a gross vehicle weight rating
(GVWR) of 10,001pounds or more.
CDL- A
Act 300 MCL
Commercial Driver’s License (CDL)
 Transporting passengers in vehicles designed or used to
carry 16 or more people including the driver.
 Transporting hazardous materials in amount that require
the vehicle to be placarded.
Part 390
General
 General applicability
 General definitions including commercial motor carrier, driver and
commercial motor vehicle
 No person shall encourage or require a motor carrier or its employees
to violate Federal Motor Carrier Safety Regulations (FMCSR).
 Any person who violates the FMCSR is subject to civil and criminal
penalties.
 Accident recording requirements.
Part 390
General
Part 390
General
 Display motor carrier identification on commercial motor vehicles.
 The identification must meet the size, color and visibility
requirements outline in the FMCSR.
 Each commercial motor vehicle (10,001 pounds or more) must be
marked on both sides to include:
The carrier’s name or trade name.
The motor carrier’s USDOT number
If the name of any other person, other than the operating carrier,
appears on the vehicle, than the operating carrier must, besides
meeting the requirements indicated above, the words “operated by”
must precede the name of the operating carrier.
Part 390
General
 Michigan motor carriers operating in interstate or intrastate commerce
are required to obtain and display a USDOT number.
 Application for the USDOT number may be made over the internet at
http://www.safersys.org
 Following the application process, the motor carrier’s number will
displayed.
 The number, preceded by the USDOT must be displayed on both sides
of the motor vehicle (power unit). Example: USDOT 123456
Identification
Michigan Vehicle Code §257.723
 All commercial vehicles with a single or combination gross weight rating
or total gross weight of more than 5,000 pounds
 Name, city, and state or the registered logo or emblem of the registered
owner of the vehicle, and lessee of the vehicle if the vehicle operated
under lease
 Painted or permanently attached on each side of the vehicle in letters
of not less than 3 inches in height, not lower than the bottom edge of
the door.
Part 391
Qualification of Drivers
 Requires commercial motor vehicle drivers, operating in interstate
commerce to meet minimum qualification standards. (Adopted by
Michigan for intrastate drivers)
Be in good health
Be at least 21 years of age; 18 for intrastate commerce
Speak and read English well enough to perform driver duties and
respond to official questions (CVSA out of service criteria)
Be able to drive the vehicle safely
Be able to determine if the vehicle is loaded safely
Know how to block, brace and tie down cargo
Have only one valid driver’s license
Pass a commercial driver’s road test
Not be disqualified to drive a commercial motor vehicle
Part 391
Qualification of Drivers
 Requires motor carriers (employers) to:
Ensure each driver is fully qualified
Document each driver’s qualifications in a driver qualification file
Review each drivers qualifications at least annually
Remove all unqualified drivers from driving positions
Note: An employer who also operates a CMV is a driver and must be
qualified as a driver.
A driver . . .
is a driver . . .
is a driver !
Part 391
Qualification of Drivers
FMCSR § 391
Driver Qualification File must include:
Application for employment
Inquiries to state agencies during previous 3 years for new drivers
Annual inquiry to state agencies (MVR)
Driver’s annual written report of moving violations
Motor carriers annual written review
Medical examiner’s certificate and/or letters granting waiver
Proof of a road test
Michigan requires a current and legible copy of the driver’s license
Part 391
Qualification of Drivers
Part 391
Qualification of Drivers
FMCSR § 391
Driver Investigation History File
Within 30 days of a driver’s employment an employer must place in the file:
 Responses from or documentation of a good faith effort to obtain from, all
previous employers (DOT regulated) during the previous 3 years:
▪ General employment verification
▪ Accident information as required in § 390.5 & §390.15
▪ Drug and alcohol testing information (if applicable)
 Previous employer’s names and addresses, and dates contacted
Part 391
Qualification of Drivers
FMCSR § 391
Driver Rights
Before an application is submitted, a prospective employer must inform a
driver applicant of his/her rights regarding information obtained from previous
employers:
 The right to review the information obtained from previous employers.
 The right to receive the requested information within 5 working days of the
request.
 The right to have information corrected by a previous employers.
 The right to have a rebuttal statement attached to alleged erroneous
information provided by a previous employer
Part 382
Controlled Substance and Alcohol Testing

Effective Date: March 17, 1994

Requires all interstate and intrastate drivers,
operating commercial motor which require a
Commercial Driver’s License (CDL), to be tested
for controlled substances and alcohol.

Requires motor carriers (employers) to establish a drug and alcohol
testing program and to contract with certified clinics, laboratories,
Breathe Alcohol Technicians, Medical Review Officers and Substance
Abuse Professionals for testing services.
Part 382
Controlled Substance and Alcohol Testing
 Drivers must be tested for controlled
substances and alcohol under the following
conditions:
pre-employment (controlled substances only)
reasonable cause (suspicion)
random selection
post-accident
back to work (following a positive test result)
follow-up testing (following a positive test result)

Requires employers to refer a driver to a Substance Abuse
Professional for clinical evaluation, following a positive test result and
drivers are required to seek evaluation.
Part 382
Controlled Substance and Alcohol Testing
 Requires carriers to ask a driver applicant if he/she ever failed a
pre-employment drug test for another employer, where he/she did not
gain employment
 Requires carriers to obtain drug and alcohol testing information from
previous employers for all perspective employees (drivers).
 Establishes educational requirements for drivers and supervisors.
 Establishes recordkeeping requirements.
Part 392
Driving of Commercial Motor Vehicles
 A driver may not drive while under the influence of alcohol, schedule I
drugs, amphetamines, narcotics or any substance that causes the
driver to drive unsafely.
 A driver must ensure his/her vehicle is safe to operate prior to
operating.
 Requires all emergency equipment is in place and ready to use, and
the cargo is properly loaded and secure.
 Requirements for the placements of emergency warning devices
during stops along the traveled portion of a highway.
 Requires drivers to reduce speed or stop driving is he/she has trouble
seeing or the road becomes unsafe due to weather conditions.
 Seat belt and parking brake requirements.
Part 392
Driving of Commercial Motor Vehicles
 Safe loading and enroute inspection requirements.
 Scheduling of trips to conform with speed limits.
 Driver’s requirements to notify the motor carrier (employer) of any
revocation or suspension of driving privileges.
 Railroad grade crossing requirements.
 Transporting of passengers other than employees . . . prohibited.
 Use of radar detectors . . . prohibited.
Part 395
Hours of Service of Drivers
 Establishes limits to the number of hours drivers may work and drive
during any daily work period and for any period of 7 or 8 consecutive
days.
 Establishes minimum rest (off-duty) periods for drivers who have
reached their maximum allowable hours of work or driving.
 Requires other compensated work (other jobs) a driver may have to be
counted in the total number hours the driver may work.
A driver may not resume driving until he/she has complied with the off-duty
requirements.
Part 395
Hours of Service of Drivers
CMV drivers may not drive:
 More than 11 hours, following 10 consecutive hours off-duty.
 Beyond the 14th hour after coming on duty, following 10
consecutive hours off-duty.
 After 60/70 hours on-duty in 7/8 consecutive days.
 A driver may restart the 60/70 hours anytime the driver take 34
consecutive hours off duty.
 The 34 hour restart is optional for the motor carrier.
Part 395
Hours of Service of Drivers
 A motor carrier may not permit or require a driver to violate and a driver
may not violate the requirements this part.
 A motor carrier must ensure the the driver’s daily record of duty status
(logbook) is accurate, complete and has not been falsified.
 All records of time worked (i.e., logbooks, timecards, timesheets) shall
be maintained for a minimum of 6 months along with all supporting
documents.
Part 395
Hours of Service of Drivers
100 air mile (logbook) exemption
Drivers of property-carrying CMVs requiring a Commercial Driver's
License for operation and who operate within a 100 air-mile radius
of their normal work reporting location, and return to the work
reporting location each day:
a) May drive a maximum of 11 hours after coming on duty following 10 or
more consecutive hours off duty.
b Are not required to keep records-of-duty status (RODS).
c) May not drive after the 12th hour after coming on duty 5 days a week or
after the 16th hour after coming on duty 1 days a week.
Employer must maintain and retain accurate time records (time cards, time
sheets, etc) for a period of 6 months showing the time each duty period
began, ended, and total hours on duty each day.
Part 395
Hours of Service of Drivers
Short-Haul Provision
Drivers of property-carrying CMVs which do not require a Commercial
Driver's License for operation and who operate within a 150 air-mile radius
of their normal work reporting location, and return to the work reporting
location each day:
a) May drive a maximum of 11 hours after coming on duty following 10 or
more consecutive hours off duty.
b) Are not required to keep records-of-duty status (RODS).
c) May not drive after the 14th hour after coming on duty 5 days a week
or after the 16th hour after coming on duty 2 days a week.
Employer must maintain and retain accurate time records (time cards, time
sheets, etc) for a period of 6 months showing the time each duty period
began, ended, and total hours on duty each day.
Part 395
Hours of Service of Drivers
 100 air mile & short haul documentation
Recordkeeping may take the form of time cards, time
sheets, or similar type documents.
Part 393
Parts and Accessories
Parts and accessories necessary for safe operation
 A motor carrier cannot operate any commercial motor vehicle unless it
is properly equipped.
 Commercial motor vehicles having defective of improper equipment are
subject being placed out of service.
 If a equipment is required, it is required to work
Part 393
Parts and Accessories
 Specific equipment requirements contained in this part include, but are
not limited to:
 Lighting devices, reflectors and electrical equipment
 Brakes
 Fuel systems
 Coupling devices and towing methods
 Emergency equipment
 Wheels, steering and suspension systems
 Tires
 Windshield wipers
 Defrosters
 Exhaust system
 Rear impact and under-ride protection
 Seats and seatbelts
Part 393
Parts and Accessories
Cargo securement requirements
 Requires a vehicle to be loaded and equipped, and cargo secured
to prevent spillage
 Requires cargo to be secured to prevent shifting to an extent that
the vehicle’s stability an maneuverability is not adversely affected.
 Establishes new minimum tiedown standards, such as:
 the number of tiedown used
 the type of tiedown used
 the condition of the tiedown used
 how the tiedown must be used
 Establishes requirements for tiedown protection material and use
 Requires enroute inspections to ensure cargo is secure
Part 396
Inspections, Repair and Maintenance
 Every motor carrier shall ensure that all
vehicles under it’s control are
systematically (regularly) inspected,
repaired and maintained, and all parts
and accessories are in safe and proper
working order at all times.
 Motor carrier’s shall maintain a
maintenance file for each vehicle
under its control for 30 consecutive
days or more; for a period of 1 year
and for 6 months after the vehicle
leaves the carrier’s control.
Note: this would include leased vehicles and
vehicles owned by employees
Part 396
Inspections, Repair and Maintenance
 A record of maintenance, for each vehicle, must be kept in a vehicle
maintenance file.
 Each vehicle maintenance file must include:
The vehicle’s company number, VIN, make, year, and tire sizes
Written procedures (schedule) indicating the types and due dates of
inspections and maintenance
A record of inspections and maintenance performed
A vehicle lubrication record
Documentation of annual inspections
Documentation of driver’s daily inspection report
If the carrier does not own the vehicle, the file must indicate the name of
the provider of the vehicle.
Part 396
Inspections, Repair and Maintenance
Vehicle inspections
 Motor carriers ensure each CMV, under its control, has passed a
periodic (annual) inspection, performed by a qualified inspector.
 Drivers must perform and document a vehicle inspection at the end of
each day. Carriers must ensure driver compliance.
If a defect is noted, the carrier must determine whether the defect
will affect the safe operation of the vehicle, and if so, complete
needed repairs before the vehicle is operated again.
The original inspection report and all appropriate signatures shall
be kept in the vehicle maintenance file for a period of at least 3
months.
 Drivers must, before driving a commercial motor vehicle, be satisfied
the vehicle is in safe operating condition and review the last vehicle
inspection report.
Public Act 179 of 2005
amended Act 300 of the Michigan Vehicle Code
effective October 20, 2005
Section 257.724 (5)
A driver or owner of a commercial vehicle with other vehicles or trailers in
combination, A truck or truck tractor, A truck or truck tractor with other
vehicles in combination or any special mobile equipment who fails to stop
at or who bypasses any scales or weighing station is guilty of a
misdemeanor
If you have questions
about trucking regulations,
your compliance requirements
or available programs and
services, please call our
toll-free Truck Safety Hot Line
at (800) 682-4682.
email questions to our staff
www.truckingsafety.org