FMCSA Says "One Strike And You're OUT"

[StainlessDeal 16]

Here is the text of an email that concerns a lot of us. I'm aware that it is a pitch, but it illustrates an area in which many of us have trouble getting good advice.

The downsides of mistakes handling your DOT regulatory compliance can be overly severe. There is a great deal of misinformation out there, so maybe this is a good place to start.

The FMCSA has just published a list of 16 One Strike and You're Out violations. This final rule requires new entrants to comply with this regulation effective Feb.17, 2009 with a compliance deadline of Dec. 16, 2009. A violation found during the safety audit would result in automatic failure of the audit. What this means is any motor carrier will lose its authority if they cannot prove the violation was corrected within 60 days after the notification of failure, 45 days if they carry passengers or hazmat. Once the authority is revoked and an out-of-service order is issued and the new entrant will have to wait 30 days before re-applying for a new authority, starting the process over completely from the start.

The violations are as follows

- Failing to implement an alcohol andor controlled substances testing program.

- Using a driver known to have an alcohol content of 0.04 or greater to perform a safety-sensitive function.

- Using a driver who has refused to submit to an alcohol or controlled substances test required under part 382.

- Using a driver known to have tested positive for a controlled substance.

- Failing to implement a random controlled substances andor alcohol testing program.

- Knowingly using a driver who does not possess a valid CDL.

- Knowingly allowing, requiring, permitting, or authorizing an employee with a cdl which is suspended, revoked, or canceled by a state or who is disqualified to operate a commercial motor vehicle.

- Knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive a commercial motor vehicle.

- Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage.

- Operating a passenger carrying vehicle without having in effect the required minimum levels of financial responsibility.

- Knowingly using a disqualified driver.

- Knowingly using a physically unqualified driver.

- Failing to require a driver to make a record of duty status.

- Requiring or permitting the operation of a commercial motor vehicle declared ??out-of-service?? before repairs are made.

- Failing to correct out-of-service defects listed by driver in a driver vehicle inspection report before the vehicle is operated again.

- Using a commercial motor vehicle not periodically inspected.

There is too much at stake to leave this to chance. No one can afford to lose their authority or even have vehicles placed out of service for a short while. Learn what you need to know to avoid these violations by attending Online Trucker's two-day workshop. We will show you everything you need to know to comply with every federal regulation pertaining to operating commercial vehicles.

Speak to an associate about enrolling by dialing 1-877-595-4856 or direct 1-972-412-3453 from Canada or Mexico.

We will be hosting classes in these cities in 2009.

Feb 26-27 Los Angeles CA Aug 27-28 Los Angeles CA

March 26-27 Chicago IL Sept 24-25 Chicago IL

April 2-24 Dallas TX Oct 29-30 Dallas TX

May 28-29 Philadelphia PA Nov 12-13 Portland OR

June 25-26 Nashville TN Dec 10-11 Nashville TN

July 30-31 Jacksonville FL

[Christopher 102]

That is great info, Thanks.

[Beth n Rod 1,279]

Hey Scott,

How does this apply to any of us who do not drive a rig?

Our company for example has a pickup truck and a van which under D.O.T. standards are not necessarily in their regulatory scope.

While it is true we do carry hazmat in small amounts enough to perform the days work assignments, I am interested in knowing whether or not the Federal Motor Carrier Safety Administration is about to increase that scope and start including these types of vehicles?

While the vehicles are obviously outfitted for commercial applications although residential in appointment, I am wondering if there is some clause that I may not know about which could affect our company.

Rod!~

[StainlessDeal 16]

Sorry Rod, I missed your post until just now.

One of the main problems with the regulations as they now stand, is that they were written to sound good to the public. The legislators that write the statutes require the regulations to be "tough on violators", "in the public interest", and yet, "pro-business".

We all know none of those is a useful description of any set of rules. Because of this, few people can say they have a firm grip on the current state of any of these regulations. Much more useful is to know how the authorities in jurisdictions where you work are enforcing the regulations.

As near as I can tell, the ad I posted above is an attempt to stampede the herd over the cliff, into the classroom. I don't believe their has been any real change in text or interpretation of the codes recently. You should be safe keeping the same records this year as last. (If you were in compliance last year.)

But to return to my point about jurisdictional disparity, I drove over two million logged miles in commercial regulated vehicles (the vast majority 18 wheels or more) including tankers and hazmat. There have been numerous times when authorities have obviously failed to grasp the gist of the regulations.

Here is a cute little story from my own recent experience: I was called by a prospective customer to do a paint prep. Upon arrival, I noticed his prowl car (State Patrol) and the 3rd Rangers ballcap he was wearing.

I told him I would do the job, and discount the rate for his service (two discounts) He was amenable, but upon further inspection, I could see that the job could not be completed without substantial damage to his property. I offered some alternative courses, he declined and thanked me.

As I was rolling hoses, he asked where my DOT number was. I was honest, and told him that the rig was only half lettered, but was new, and I continued to stow equipment.

He says, "I gotta write you a ticket." I couldn't believe it, here was a guy I had offered a discount to, demurred from doing and billing for a job that he didn't need done, and as icing on the cake, he knew my little sister, graduating with her three years after me.

I said, "You aren't even working!" To which he replied by asking if he needed to cuff me to the rig while he went in the house and got his uniform on.

$100 later, I was asking him how he determined that I was in violation. He said that if he saw a trailer with a sign on it, and more than two tires, he would write that ticket. Find that in the regulations.

Contact your local authorities, and get a straight answer from somebody that enforces the regulations. And then be ready to fight in court.

[Biodude 14]

I've been trying to tell you guys this for a year and a half. The federal definition for a commercial vehicle doesn't just mean big trucks. The federal govenment is trying (successfully) to convince states to adopt the federal guidelines for commercial vehicles (vehicles used in commerce). They are nailing all of the pickup/trailer guys like much of yourselves who still think you're off the hook. It's 10,000# COMBINED vehicle weight. That includes nearly all of you that are serious about pressure washing. In Minnesota there has been a big push on this over the past 4 years. They pull over everyone from lawncare, roofers, general contractors, siders, painters, etc. Even guys who were going to sell their snowmobiles at the grassdrags on their snowmobile trailers because it is commerce. You are now subject to health cards, yearly vehicle and trailer inspections, active drivers records, hazmat registration, DOT #'s, possible log books, hours-of-service, etc. The DOT officer I talked to said that all but 2 states have now adopted the fed regulations, and they're soon to follow. It will take some time to train the local DOT officers to look for guys like yourselves, but state and federal government is hungry financially, so don't think it won't happen. At this point Scott, consider yourself lucky. It could have been much worse than $100...;-)

Edited February 27, 2009 by Biodude

[Beth n Rod 1,279]

I'll admit you guys have my attention on this.

Thanks for the heads up.

I am calling a bogus on the trooper who ticketed you just for having a sign on a trailer with 2 axles. Unless I am missing something here...such as a non-compliance on what you were carrying (inappropriate containers, not properly secured or the like.)

Rod!~

[big mike 14]

Blaine, you're right on the mark about increased enforcement. In our state, you need to have a DOT physical every two years to operate a commercial vehicle (10,001 lbs GVW), and a CDL for a commercial vehicle over 26,001 lbs GVW. Almost any 1 ton truck with a trailer (marked with a business name), will be subject to enforcement. I have a one ton flatbed rig and an Isuzu NPR box truck rig that are both under 26001 lbs, but over 10,000. Everyone needs to know the manufacturers stated GVW, and the GVW after you've set up your rig. If you carry water, you're almost certainly over the 10,001 lb combined mark. All tanks that are attached have regulations, as do the amounts and types of chemicals you carry.

This is vital information that everyone needs to be aware of, or they can put a real hurt on you financially. PITA, but a part of doing business. If you're not sure, do your homework and avoid a painful education by your local enfocement agency.

[StainlessDeal 16]

Yeah, I should have been clearer on the comment about compliance.

If you are operating a commercial vehicle of more than 10000 pounds gross vehicle weight rating (combined or single) you have to maintain annual inspections, driver records, a DOT Medical Examiner's Certificate (a special physical for safety), and all of that goes with having a required DOT number.

The logbook is required, as is adherence to the Federal Hours of Service requirements, when you are operating outside your commercial zone, generally considered anywhere outside a 50 mile circle around your point of origin. When you log for a trip outside that area, you must include log pages for the prior 7 days, regardless of what you sere doing on those days. Logs must include pre and post trip inspection forms for the vehicle or vehicle combination you are operating.

The hours of service requirements are usually summarized in the logbooks available at any truckstop, but small-print copies of the entire FMCSA code are available in most truckstops, at local DOT/DMV offices, and from your state trucking association, for small fees.

The original post was intended to spur this sort of discussion, because the local interpretations can vary widely, and be contradictory. States, and in some cases cities, often have more restrictive regulations in place than the federal guidelines, especially concerning various issues like hazardous materials, and routing.

My ticket was for "Improper Display of Identification", ie., no posted DOT number. My pickup and trailer together gross around 20100 pounds, before I tank the 550 gallons of water. (I NEVER tank 550 gallons) I am licensed for 13 tons, 26000 pounds, if I licensed for more (even one pound more) I would be required to keep a CDL, and a whole other set of records for my drivers.

I do actually carry a class A CDL, but that is because , since they were required in 1989, I have always had one. The only endorsement I have never had is for busses, as I do not wish to haul cargo that can engage me in conversation.;)

I have to admit right here, though, that my expertise in this field is absolutely current to 2004, after which it has not been my primary focus. If there are others out there with contradictory or more informed views, I very much want to hear from you.

[Biodude 14]

Mike and I know that people need to take this seriously. You don't need a sign on your vehicle or trailer to then be classified as a commercial vehicle. You still qualify if you meet the FED definition. I just spoke to the DOT officer again today and I mentioned this conversation to him. I said that people in our industry don't get as much attention because we do a lot of our work in the evenings and weekends. He said that the DOT is aware that certain businesses operate during those times and they are stepping up enforcment during those times to catch those that try to get around the law. Not to be forgotten is the fact that we carry HazMat around. Do you carry it in containers larger than 8 gallons? Is it properly labeled? If you carry it in concentrate and dilute it at the job site, is the diluted mixture properly labeled? Do you transport the diluted mixture? Is it still considered HazMat? Can you prove that it is not? DOT compliant testing usually costs $1000+ per chemical to confirm this. Do you carry fuel around? Is it in the proper container? I believe that it may have to be in a container of 6 gallons or less unless you carry a permit for more. There are a lot of things that most guys ignore because the feel that they can claim "they didn't know". That doesn't make the fines any less. Usually that increases them because then the DOT will say "Well, if he didn't know that, what else didn't he know..." and start to dig deeper. Not fun! And if you get fined and didn't fix it, I know for a fact that your equipment is taken out-of-service and you get hauled away in a paddywagon. REALLY not fun!!!

[Biodude 14]

Scott,

One thing that helped you out in my opinion was your CDL, along with your knowledge of the 'regs'. I'm glad it wasn't more severe!

[StainlessDeal 16]

Yeah, I can't claim that I didn't know I was in violation. As for the signs being on the trailer, the point I was making was that the guy writing the ticket was right, he just wasn't sure he was right.

I find that to be the most irksome part of the system and that particular instance as well.

I have been meaning to draw up a sort of PWers commercial vehicle operator's guidelines book, for a while, but lately my plate has been a little too heaped. Lot's of research required, but we should all be doing it.