J. J. Keller & Associates

J. J. Keller & Associates Presents: DOT Regulatory Overview Presented by: Cheryl Renaud Account Executive

J. J. Keller & Associates, Inc. Established 1953 1,200+ Associates $175,000,000+ Diversified Customer Base (95% Fortune 500) Recognized as the nation’s leader in providing risk and regulatory compliance solutions ISO 14001 Environmental Management System Certified

DOT Regulatory Overview • Are you regulated?? • Interstate vs. Intrastate • What is a Commercial Motor Vehicle • Driver Qualification • Hiring & Pre-Qualification • Hours of Service • DOT Drug & Alcohol Testing • Accidents • Fines & Penalties

Are You Regulated?

It Depends?

Interstate vs. Intrastate Definitions Interstate commerce is the movement of a shipment or service across state or international borders, or the intent to continue a movement within a state that originated from another state or country. In practical terms, you could still be considered interstate commerce even if you never cross the state line, depending upon the origin and destination of the shipment or service. Intrastate commerce is the movement that originates in a single state, moves in that state only and delivers in that originating state.

What is a CMV? • Under FMCSA (§390.5) • A vehicle used on highways, in interstate commerce, and meets any one of the following criteria: • Has a gross vehicle weight rating (GVWR) or gross combination weight rating, or gross vehicle weight or gross combination weight of more than 10,000 pounds, whichever is greater • Is designed or used to transport 16 or more people including the driver • Is transporting HM in quantities requiring the vehicle to be placarded

But in Texas A Commercial Motor Vehicle is any vehicle or combination of vehicles (truck and trailer) with actual gross weight, a registered gross weight, or a gross weight rating in excess of 26,000 pounds. Exempt from the safety regulations are vehicles operated intrastate with a gross weight rating of 26,000 pounds or less, unless the vehicle is hauling hazardous materials requiring placarding or is carrying 16 or more passengers including the driver.

Ford Pickup Trucks DescriptionGVWR F150 pickup (half ton) 6050-7700 F250 pickup (3/4 ton) 6600-8800 F350 pickup (1 ton) 8800-11000 F350 Super Duty (1 ton) 15000-17000 F250/350/450 Super Duty 8800-19000

YIPPIE!!!! I weigh less than 26k, I’m not transporting placard-able HazMat or 16 or more passengers, so I’m not regulated right? CORRECT!!!!!!!!

Commercial Motor Vehicle (CMV) • General Assumptions: • Any employee that drivers a CMV that weighs more than 26,000 pounds, transports placard-able HazMat or 16 or more passengers is required to: • Have a Driver Qualification File w/Medical Certification • Follow the Hours of Service Regulations • Have a Commercial Drivers License (CDL) • Participate in a DOT D&A Testing Program

Driver Qualification Requirements • General for Texas Drivers • Must be at least 18 years old; • Can read and speak the English language well enough to do the job; • Can safely operate the motor vehicle he/she will be driving; • Is physically qualified to operate the vehicle in accordance with Sec. 391.41; • Has a currently valid commercial motor vehicle operator’s license issued by his/her state of residence; • Has provided a list of violations as required by Sec. 391.27; • Is not disqualified to operate a motor vehicle under Sec. 391.15; and • Has successfully completed a road test or its equivalent (Sec. 391.31, 391.33).

Driver Qualification File • Hiring & Pre-Qualification-The following documents are to be included in a DQ file for each regularly employed driver: • Application for employment (§391.21), • Motor vehicle record (MVR) from states (§391.23), • Previous employer information (§391.23), • Road test form and certificate (§391.31(g)), or license or certificate accepted in lieu of road test (§391.33), • Medical exam certificate, original or a copy (§391.43(g)), • Any letter granting a waiver of a physical disqualification, • Annual motor vehicle record ((§391.25), • Annual review of driving record (§391.25) • Annual list of violations (§391.27), • Entry-level driver training certificate (if applicable); and (§380.503) • Longer combination vehicle driver training certificate (if applicable) (§380.203 / 380.205)

Hours of Service (Texas) Driving limits Under the rules for commercial motor vehicles, a driver may NOT drive such a vehicle: • For more than 12 hours following 8 consecutive hours off duty; or • Beyond the 15th consecutive hour after coming on duty, following 8 consecutive hours off duty; or • After being on duty more than 70 hours in any 7 consecutive days

Hours of Service (Texas) Exception – 150 Air-Mile Radius Drivers The driver operates within a 150 air-mile radius of the normal work reporting location The driver returns to the work reporting location and is released from work within 12 consecutive hours Driving time cannot exceed 12 hours per day The employer maintains time records for 6 months

Water Industry 391.21 Definitions: Ground water well drilling rig means any vehicle, machine, tractor, trailer, semi-trailer, or specialized mobile equipment propelled or drawn by mechanical power and used on highways to transport water well field operating equipment, including water well drilling and pump service rigs equipped to access ground water.

Water Industry §395.1 (L)Ground water well drilling operations. In the instance of a driver of a commercial motor vehicle who is used primarily in the transportation and operations of a ground water well drilling rig, any period of 7 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours.

Hours of Service Record of duty status (log): Used to track hours-of-service compliance Completed by driver for each 24-hour period Entries must be legible & in driver’s own handwriting Horizontal or vertical graph grid with “Off duty,” “Sleeper berth,” “Driving,” and “On-duty not driving” Exceptions: Short-haul, and EOBRs

Present Hours of Service Record of duty status: Date Total miles driving today Truck or tractor & trailer number Name of carrier Driver’s signature/certification 24-hour period staring time Main office address Remarks Name of co-driver Total hours Shipping document number(s) or name of shipper & commodity

DOT Drug & Alcohol Testing Required DOT Testing: • Pre–Employment Drug Testing §382.301 • Random Alcohol and Drug Testing §382.305 • Post–Accident Alcohol and Drug Testing §382.303 • Reasonable Suspicion Alcohol and Drug Testing §382.307 • Return–to–Duty Alcohol and Drug Testing §382.309 • Follow–Up Alcohol and Drug Testing §382.311

Accidents • Definition: An accident is defined in §390.5 as an occurrence involving a commercial motor vehicle on a public road in interstate or intrastate commerce which results in: • A fatality, • Injury to a person requiring immediate treatment away from the scene of the accident, or • Disabling damage to a vehicle requiring it to be towed from the scene.

Accidents • Accident File Tracking: Motor carriers must maintain an accident register containing specific information for each accident. The information to be included for each accident is as follows: • Date of accident, • City of town in which or most near where the accident occurred and the state in which the accident occurred, • Driver name, • Number of injuries, • Number of fatalities, and • Whether hazardous materials, other than fuel spilled from the fuel tanks of vehicles involved in the accident, were released.

Accident Evaluation • Each motor carrier needs to have an effective accident investigation process as part of its comprehensive safety program. Generally, a thorough accident investigation will: • Determine how potentially severe the accident is (or will be); • Gather the relevant facts and circumstances surrounding the accident; • Identify the root cause or causes of the accident; • Develop recommendations to address/eliminate the root cause or causes; and • Implement the corrective action recommendations to prevent reoccurrence

Fines & Penalties • The maximum amounts of civil penalties that can be imposed for regulatory violations are set by federal statutes that authorize the Part 386 regulations. Violation Recordkeeping – A person or entity that fails to prepare or maintain a record required by Apart 385 and 390 – 399 or prepares or maintains a required record that is incomplete, inaccurate, or false. Penalty $550 for each day the violations continues up to $ 5,500

Fines & Penalties Violation Non-recordkeeping violations - A person or entity who violates parts 385 or 390 – 399 of this subchapter, except a recordkeeping requirement Penalty:11,000 for each violation Violation Commercial Driver’s License (CDL) Violations – Any person who violates 49 CFR, 383 subparts B,C,E,F,G or H Penalty: $3,750 per occurrence Violation A person who fails to make a report, to specifically, completely, and truthfully answer a question, or to make, prepare, or preserve a record in the form and manner prescribed Penalty: Minimum penalty of $550 per violation

Resources and Contact Info ContactsResources Cheryl Renaud Federal Motor Carrier Administrator 800 843 3174 ext. 7087 fmcsa.dot.gov crenaud@jjkeller.com Tara Lawson - Services Texas Department of Transportation 800 843 3174 ext. 2170 txdot.gov tlawson@jjkeller.com Jeff Boivin – Products J. J. Keller & Associates, Inc. 800 843 3174 ext. 7672 800 843 3174 jboivin@jjkeller.comjjkeller.com

Questions?

J. J. Keller & Associates