Georgia Department of Public Safety Motor Carrier Compliance Division

1. Georgia Department of Public SafetyMotor Carrier Compliance Division

2. New Entrant Safety Audit Program Captain Doug Ayers

3. Purpose This presentation is intended to educate commercial motor carriers and their drivers on the FMCSA regulations.

4. Has a gross vehicle rating, gross combination weight rating, gross vehicle weight or gross combination weight of 4,536 kg (10,001 lbs.) or more Is designed or used to transport more than 8 passengers for compensation What is a Commercial Motor Vehicle (CMV)?

5. CMVs carrying between 9 and 15 passengers not for direct compensation or not beyond a 75 air-mile radius from the driver’s normal work reporting location are subject to the following requirements: 1.must file Motor Carrier Identification Report 2. must maintain an accident register 3. must mark vehicle with the motor carrier identification number Exceptions to General Applicability

6. REQUIREMENTS • DRIVER QUALIFICATION File • DRIVER DUTY STATUS • ACCIDENT REGISTER • MAINTAINANCE RECORDS • CONTROLLED SUBSTANCES & ALCOLOL USE AND TESTING

7. Qualifications of Drivers

8. Exemptions There are certain exemptions to these guidelines. For a complete list, please visit: http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/391.2.htm

9. Commercial Driver Requirements • Be in good health and physically able to perform all duties of a driver • Be at least 21 years of age • Be able to drive vehicle safely

10. Commercial Driver Requirements • Know how to safely load, block, brace and secure the cargo • Have only one valid commercial driver’s license • Provide an employing motor carrier with a list of all motor vehicle violations (See Part 391.27).

11. Commercial Driver Requirements • Pass a driver’s road test or equivalent • Complete an application for employment • Possess a valid medical certificate

12. Commercial Driver Requirements Speak and read English well enough to: • Converse with the general public • Understand traffic signs and signals • Respond to official questions • Be able to make legible entries on reports and records

13. Physical Requirements A person shall not drive a commercial motor vehicle unless he/she is physically qualified to do so. For a complete list of physical requirements, please visit: http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/391.41.htm

14. Driver’s Responsibilities A driver shall not operate a commercial motor vehicle unless: • They can determine whether the cargo being transported has been properly located, distributed and secured • They are familiar with methods and procedures for securing cargo

15. Disqualification • A driver who is disqualified shall not drive a commercial motor vehicle • A motor carrier shall not require or permit a driver who is disqualified to drive a Commercial Motor Vehicle (CMV)

16. Disqualification A driver can be disqualified if convicted for: • Driving a CMV while under the influence of alcohol • Driving a CMV while under the influence of drugs or controlled substances • Transporting or possessing a drug or controlled substance

17. Disqualification • Leaving the scene of an accident that involves a CMV • Using a CMV to commit a felony • Using a CMV to violate an Out-of-Service Order • Using a CMV to violate the railroad-highway grade crossing rule

18. Penalties • A first offender is disqualified for one year following conviction or forfeiture (6 months for possession of a controlled substance) • For a second offense within three years, a driver is disqualified for three years

19. Driver Qualification File Every motor carrier must have a file for each regularly employed driver that includes: • Driver’s application for employment • Inquiry to previous employer- 3 years accident history. • Inquiry to state agencies – 3 year driving record • Inquiry to state agencies – annual D/L check

20. Driver Qualification File • Annual review of driving record • Annual driver’s certification of violations • Driver’s road test certificate or equivalent • Medical examiner’s certificate

21. In Conclusion Thank you for your time and attention!

22. ACCIDENT REGISTER • Accident: An occurrence involving a commercial motor vehicle operating on a public road that results in at least one of the following: • .• A fatality, • .• Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident, • .• Disabling damage to one or more motor vehicles, requiring the vehicle(s) to be towed or otherwise transported from the scene by a tow truck or other vehicle. • .• Date and place of accident, • .• Driver’s name, • .• Number of injuries and fatalities, • .• Hazardous materials (other than fuel) released, if any.

23. ACCIDENT REGISTER • For a period of three years after an accident occurs, motor carriersare requiredto maintain an accident register containing the following information: • Motor carriers are also required to maintain copies of all accident reports required by State or other governmental entities or insurers for a period of three years after an accident occurs.

25. Questions? www.dps.georgia.gov

26. RECORD OF DUTY STATUSPart 395

27. 100 Air Mile Radius Driver A driver is exempt from the requirements of §395.8 if: • 1) The driver operates within a 100 air mile radius of the normal work reporting location; • 2)The driver, except a driver salesperson, returns to the work reporting location and is released from work within 12 consecutive hours; • 3)At least 10 consecutive hours off duty separate each 12 hours on duty; • (4) The driver does not exceed 11 hours maximum driving time following 10 consecutive hours off duty; and

28. 100 Air Mile Radius Driver (5) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing: 1. The time the driver reports for duty each day; 2. The total number of hours the driver is on duty each day; 3. The time the driver is released from duty each day; and 4. The total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently.

29. If a driver meets ALL of these requirements, he does not have to carry a log book. However, the driver must be able to articulate to the inspector that all the 100 air mile requirements have been met.

30. New Short-Haul ProvisionDrivers 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 • New Short-Haul ProvisionDrivers 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: • May drive a maximum of 11 hours after coming on duty following 10 or more consecutive hours off duty. • Are not required to keep records-of-duty status (RODS). • 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 for a period of 6 months showing the time the duty period began, ended, and total hours on duty each day in place of RODS. • Drivers who use the above-described short-haul provision are not eligible to use 100 air-mile provision 395.1(e) or the current 16-hour exception in 395.1(o).

31. Required Information

33. Disciplinary Policy Motor Carriers shall have a disciplinary policy for noncompliance of Part 395.

34. QUESTIONS ?

35. (404)624-7210 www.dps.georgia.gov www.fmcsa.dot.gov

36. Inspections, Repairs and Maintenance

37. Who Must Comply? Every motor carrier and its: • Officers • Drivers • Agents • Representatives • Employees

38. General Requirements Every carrier shall systematically inspect, repair and maintain all vehicles under its control.

39. Recordkeeping Motor carriers must maintain the following information for every vehicle they have for 30 days or more: • Identifying information • Schedule of inspections • Records of tests conducted on buses with push-out windows, emergency doors and marking lights

40. Recordkeeping Records must be retained for one year at the location where the vehicle is garaged, and for six months after the vehicle leaves the carrier’s control.

41. Roadside Inspection Reports • Any driver who receives an inspection report must deliver it to the motor carrier • An official of the motor carrier must examine the report and ensure that any violations are corrected

42. Roadside Inspection Reports • Within 15 days, the carrier must sign and return the completed report to certify that all violations have been corrected • A copy of the report must be retained for 12 months

43. Post-Trip Inspection Report • Every driver is responsible for preparing a daily, post-trip inspection report at the end of each driving day • The report must list any condition that would affect the safety of operation

44. Service brakes Parking brake Steering mechanism Lighting devices and reflectors Tires Horn Windshield wipers Rearview mirrors Coupling devices Wheels and rims Emergency equipment Post-Trip Inspection Report Checklist

45. Periodic Inspection • Every vehicle must be inspected at least once every 12 months • A copy of the periodic inspection report must be retained by the motor carrier for 14 months from the report date • Documentation of the most recent inspection must be kept in the vehicle

46. Inspector Qualification Motor carriers must ensure that persons performing annual inspections: • Understand the inspection standards • Be able to identify defective components • Have knowledge and proficiency in methods, procedures and tools

47. Inspector Training or Experience Inspectors may have gained experience or training by: • Completing a State or Federal training program or earning a State qualifying certificate in CMV safety inspections • A combination of other training or experience totaling at least a year

48. Evidence of Qualifications Motor carriers must retain evidence of an inspector’s qualifications until one year after the inspector ceases to perform inspections for the carrier.

49. Periodic Inspection Equivalent The motor carrier may meet periodic inspection qualifications through: • State or other jurisdiction’s roadside inspection program • Self-inspection by qualified employee • Third party inspection by qualified individual

50. Brake Inspector Qualification • The motor carrier is responsible for ensuring that all inspections, maintenance, repairs and service to brakes of CMVs comply with FMCSA regulations • The carrier must ensure that the employees responsible for brake inspection, maintenance, service or repairs meet minimum brake inspector qualifications