Download - McCraren Compliance Newsletter
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7/29/2019 McCraren Compliance Newsletter
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copy of each CDLholders medicalcard in the driverqualification fileand drivers who
possess a CDL willno longer berequired to carry acopy of thedocument.
To verify a driversmedical qualifica-tion status, employ-ers will instead haveto obtain a copy of
the drivers motor vehiclerecord (MVR) before al-lowing the driver to drive acommercial motor vehicle(CMV) in interstate com-merce.
This issue has been asource of concern formotor carriers for tworeasons. First, states are
not addressing the issue inexactly the same way.Second, because the CDLbelongs to the driver, themotor carrier in manycases is left out when itcomes to notification and/or instruction on how tocomply.
Generally, drivers are ex-pected to provide themedical examiners certifi-cate when completing theself-certification form,
renewing their CDL, orapplying for an initial CDL.Drivers who will not berenewing their CDL beforeJanuary 30, 2014, will beexpected to provide themedical examiners certifi-cate before that date.
Again, each state has vary-ing policies and procedures
when it comes to submit-ting this information. Driv-ers need to follow the pro-cedures as outlined by theirstate of license.
This article addresses sever-al questions you may haveregarding the merger of theCDL and medical card.
Q: Several of my drivers
received a letter on what
looks like letterhead from
our state driver licensing
agency. The letter asks
the drivers for personal
information including
birthdate, license num-
ber, and the category of
CDL/MedicalCardMergerQuestionsCDL/Medical CardMerger Questions. 1
Safety Focus:Periodic and AnnualInspectionRequirements .. 3
Keep Your Joints inShape . 4
In the News 2
(continued on page 2)
September 2013 All rights reserved. J. J. Keller & Associates, Inc Volume 3, Issue 6
Inside this issue:
In December 2008, theFederal Motor Carrier Safe-ty Administration publisheda final rule, requiring statesto place each interstateCommercial DriversLicense (CDL) holdersmedical qualification statusinto the national commer-cial CDL database.
The regulation provided a
two year window, from Jan-uary 30, 2012, to January30, 2014, for states toobtain this information andplace it into the CDL data-base.
As of January 30, 2014,motor carriers will nolonger be required to keep a
At McCraren
Compliance,
Safety &
Compliance are
Nevera
Compromise.
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Get Your Free
Transportation
Audit.
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commercial driving
they perform. Is this
legitimate?
A: By January 30, 2014, a
CDL holder needs to
supply two types of infor-mation to his/her state
driver licensing agency.
The first type of infor-
mation the driver must
provide is a self-
certification of the type of
commercial driving he/
she performs. The driver
will need to certify that
he/she operates underone of the following four
categories:
Interstate non-
excepted;
Excepted interstate;
Non-excepted intra-
state; and
Excepted intrastate.
The second type of infor-
mation is a current copyof his/her medical certifi-
cate (often called the
medical card).
The state driver licensing
agency will place this in-
formation, supplied by the
driver, into the CDL data
base.
Page 2 All rights reserved. J. J. Keller & Associates, Inc September 2013
If you are unsure of the
validity of the letter your
driver received, contact
your state driver licensing
agency, or verify the letter
via the agencys website.Q: Once a driver turns
in the self-certification
and a copy of his medi-
cal card, does he have to
continue to carry the
medical card?
A: Yes. Until the program
is fully implemented on
January 30, 2014, the driv-
er will still have to carry anoriginal or copy of the
medical examiners certifi-
cate and provide a copy to
his employer for the driver
qualification file.
Q: Turning in this certi-
fication and the medical
card seems like a lot of
busy work. Whats the
end result?
A: As of January 30, 2014,
drivers will no longer be
required to carry a medical
card and motor carriers
will no longer be required
to keep a copy in the driv-
ers qualification file.
All of this information will
be included on the drivers
driving record. Motor carri-
ers will have to obtain a
copy of the driving record
that includes the driverscurrent medical card status
and place this document in
the drivers qualification
file.
Q: Does the driver have
to fill out the self-
certification form every
time he gets a new medi-
cal card?
A: No. The new medicalcard must be turned in each
time the driver gets a new
card, but the self-
certification is only turned
in under certain circum-
stances, including when a
driver:
Applies for a CDL;
Renews a CDL; Applies for a higher class
of CDL;
Applies for a new en-
dorsement on a CDL; or
Transfers a CDL from
another state.
PeriodicandAnnualInspectionRequirements,continuedQ: What if a CDL holder
does not have to renew
his license before January
30, 2014?
A: The driver is responsible
for providing the self-certification of operating
status and a copy of his/her
medical certificate to his/
her state licensing agency
prior to January 30, 2014.
The driver will need to con-
tact his/her state licensing
agency for direction on how
to address this issue.
Q: How do these require-ments affect non-CDL
holders who operate com-
mercial motor vehicles
(meaning those who op-
erate vehicles between
10,001 and 26,000
pounds)?
A: Non-CDL holders are
not affected by these re-
quirements. They will berequired to continue to
carry a copy of their medical
exam card and another copy
will continue to be main-
tained by their employers in
their driver qualification
files.
First, the announcement:The court involved in thehours-of-service legalchallenge has issued itsdecision (as of August 2,2013). In its decision thecourt ruled that the ma-jority of the July 1, 2013,
changes to the hours-of-service regulations canstand unchanged. Theonly change the court hasordered has to do withshort-haul drivers.According to the courtsdecision, the 30-minute
Inthe
News:
Court
Issues
Decision
on
Hours
of
Service
break requirement cannotbe applied to these drivers.
The FMCSA has alreadycome out with a policystatement clarifying who ashort-haul driver is andstating that they will not beenforcing the 30-minute
break requirement on thesedrivers. A short-haul driv-er in this context is a driv-er that is operating undereither the 100 air-mile or150 air-mile exceptionfound at 395.1(e) in theregulations.
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September 2013 All rights reserved. J. J. Keller & Associates, Inc Page 3
SafetyFocus:PeriodicandAnnualInspectionRequirements
This months
safety focus
looks at the
periodic/annual
inspection
requirements
in Part 396
of the Feder-
al Motor
Carrier
Safety Regulations (FMCSRs).
QuestionsandAnswersQ:How can our company meet the annual inspec-
tion requirements?
A: Commercial motor vehicles operating in interstate or
foreign commerce must pass an inspection at least
annually.
The inspection requirements may be met through peri-
odic inspection programs administered by the states, or
by a self-inspection, a roadside inspection, or an inspec-
tion performed by a commercial garage or similar com-
mercial business, so long as the inspection complies withfederal or compatible state standards. Commercial mo-
tor vehicles operating in intrastate commerce may also
be subject to annual inspection requirements. Consult
state regulations for specific details.
Q:Who is qualified to conduct a self-inspection?
A:A self-inspection must be conducted by a qualified
inspector, whether the inspector works directly for the
carrier or a third party, such as a truck stop, repair shop,
or an inspection business.The individual conducting the inspection must under-
stand the inspection criteria in Part 393 and Appendix G
of the FMCSRs and must be able to identify defective
components.
He/she must be knowledgeable of and have mastered
the methods, procedures, tools, and equipment used
when performing the inspection.
The inspector must have a combination of training
and/or experience totaling at least one year.
Evidence of the inspectors qualifications must be
documented.
Q: Do we need to document the inspection, and if
so how?
A: Yes, the inspection must be documented. The
inspector performing the inspection must prepare a
report which identifies the:
Name of the individual performing the inspection;
Motor carrier operating the vehicle;
Date of the inspection; Vehicle inspected; and
Components inspected.
A statement certifying the accuracy and completeness
of the inspection must be included.
The inspection report must be retained where the
vehicle is housed or maintained for 14 months and a
copy of the inspection report must be kept in the
vehicle.
Q: Can we use a decal to document theinspection?
A: A decal may be placed on the vehicle. The decal
must include:
The date of inspection;
Name and address of your company or other
entity (for example, commercial garage) where the
inspection report is maintained;
Information uniquely identifying the vehicle
inspected if not clearly marked on the motorvehicle; and
A certification that the vehicle has passed an
inspection in accordance with Sec. 396.17.
Though the decal replaces the inspection report on the
vehicle, the inspection report must continue to be
retained where the vehicle is housed or maintained for
14 months as discussed earlier.
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Page 4 All rights reserved. J. J. Keller & Associates, Inc September 2013
KeepYourJointsinShape
It has ever
been my
experience
that folks who
have no vices
have very
few virtues.
Abraham Lincoln,16th U.S.
president
For joints to stayhealthy, they need to
move.
moving your joints keepstendons and ligaments
limber.
Choose the right exercis-
es. Put some variety into
your exercise routine to
strengthen different muscle
groups. If your joints both-
er you, try swimming and
bicycling, which allow you
to exercise without jarringyour joints. Also, talk to
your doctor about other
exercises that take it easy
on the joints.
Warm up. Before a
workout, warm up with
some easy aerobic exercise
such as running at a slower
pace or cycling in a lower
gear. This gets your bodyready for more intense
activity. Then, do a few
stretches to help prevent
injury. If parts of your body
have been previously in-
jured, spend extra time
warming up those areas.
You might not give yourjoints a second thought
until they make their pres-
ence known with a twinge
of pain or a bout of stiff-
ness. Whether your joints
are feeling out of sorts or
are working just fine, its
important to take steps to
keep them in the best
shape possible. Practicinggood lifestyle habits will
promote good joint health
and can also prevent
further damage.
To keep your joints in
peak shape:
Dont sit still. For
joints to stay healthy,
they need to move.
Sitting for long periodsof time prevents the
synovial fluid inside the
joints from circulating,
and results in joints feel-
ing creaky and stiff. By
contrast, regular activity
strengthens the muscles
around the joints, and
Maintain a healthyweight. Excess weight puts
stress on your joints, and
could be a risk factor for
developing arthritis. Losing
a pound of weight can take
several pounds of stress off
your knees.
Eat a balanced diet.
Choose fruits, vegetables,
whole grains, lean meats,and dairy products with
little or no fat. This will
help your weight stay at a
healthy level.
Know your limits. If
youre new to exercise,
dont overdo it. Start slow-
ly, and build strength and
endurance. Avoid intense,
strenuous exercise on con-secutive days; vary your
workout and let your body
recover. If a joint begins to
hurt while youre exercising,
dont push through the
pain. Take it easy and check
with your doctor for exer-
cises that are right for you.
Our Mission:
To exceed the expectations of our clients by providing
quality safety compliance and regulatory programs for all
of our services.Phone: 520-398-4697
Fax: 888-666-1637
E-mail: [email protected]
Portions 2013 J. J. Keller & Associates, Inc.
Portions 2013 McCraren Compliance For theinternal use of McCraren Companies and its clients
Check out our website! www.mccrarencompliance.com.com
2601 N. Campbell Ave. # 103
Tuscon, AZ 85719