Texas Division

Texas Division

NTEPS Presentation September 24, 2009

Introduction To Federal Motor Carrier Safety Regulations

Why we do the things we do

Applicability390.3

The rules of this chapter are applicable to all employers, employees, and commercial

motor vehicles which transport property or passengers in

interstate commerce.

Additional Requirements

Nothing in this chapter shall be construed to prohibit an

employer from requiring and enforcing more stringent rules relating to safety of operation

and employee safety and health.

Knowledge and Compliance Applies to:

Every EmployerEvery Driver

All motor vehicle equipment and accessories required shall be

maintained in compliance with all applicable regulations contained

within.

Commercial Motor Vehicle:

Any self propelled or towed motor vehicle used on a highway

in interstate commerce to transport passengers or property

when,

1. Has a gross vehicle weight rating or gross combination

weight rating, or gross vehicle weight or gross combination weight of 10,001 pounds or

more, whichever is greater, or

2. Is designed or used to transport more than 8

passengers, including driver for compensation.

3. Is designed or used to transport more that 15

passengers, including driver, and is not used to transport

passengers for compensation; or

4. Is used to transporting material found by the Secretary

of Transportation to be hazardous, and is transported in a quantity requiring placarding

under regulations prescribed by the Secretary under 49 CFR

390.7

Rules of Construction:SHALL is used in an imperative sense.MUST is used in an imperative sense.

SHOULD is used in an recommendatory senseMAY is used in a permissive sense.

391General Qualifications of Drivers

Applications for EmploymentInvestigation and Inquiries

Annual inquiry and review of driving records.

Record of ViolationsRoad Test

Medical Cards

391

• Employers must make an inquiry into Drivers History for previous 3 years in any state that he held a drivers license in.

• Employers must within 30 days show where it has at least attempted to investigate drivers safety performance history with Department of Transportation regulated employers during the past 3 years.

391

• Employers shall at least once every 12 months make an inquiry or license check on all CMV drivers.

• Each Motor Carrier shall require each driver it employs to furnish at list of all violations of traffic laws convicted of for the last 12 months.

392Driving of CMV

1. Ill or fatigued Drivers2. Drugs and other Substances3. Alcohol Prohibition4. Speed Limits5. Equipment inspection and use6. Emergency equipment inspection and use7. Inspection of cargo, cargo securement

392

• 8. Railroad grade crossings- stopping required• 9. Use of seat belts• 10. Unauthorized passengers• 11. Radar Detectors

393Equipment

• 1. Lamps, Reflective devices, and Electrical• 2. Brakes• 3. Glass and Window Construction• 4. Coupling Devices and Towing methods• 5. Miscellaneous Parts and accessories• 6. Emergency Equipment• 7. Frames, Cabs and body components• 8. Cargo Securement

395Hours of Service

• 1. Maximun driving time• 2. Drivers record of duty status• 3. Drivers declared out of service

396Inspection, Repair, and Maintenance

• 1. Inspection, repair and maintenance• 2. Unsafe operations forbidden• 3. Driver vehicle inspection report, DVIR• 4. Periodic Inspection• 5. Periodic inspection recordkeeping

requirements.

Part 382 & 40

• This section deals with Drug and Alcohol Testing requirements;

• Who is to be tested• Random requirements 50% Drug, 10% Alcohol of your regulated drivers

Comprehensive Safety Analysis (CSA) 2010

A New Way To Measure and Address Commercial Motor Vehicle Safety

Industry BriefingSeptember 17, 2009

U.S. Department of TransportationFederal Motor Carrier Safety Administration

Comprehensive Safety Analysis 2010

What is CSA 2010?CSA 2010 is a pro-active initiative to improve the efficiency and effectiveness of FMCSA’s enforcement and compliance program to achieve the Agency’s mission to reduce commercial motor vehicle (CMV) crashes, fatalities, and injuries.

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A New Operational Model (Op-Model)A New Operational Model (Op-Model)

SMS BASICsSMS BASICsSMS BASICs focus on behaviors linked to crash risk

1. Unsafe Driving (Parts 392 & 397)

2. Fatigued Driving (Hours-of-Service);Parts 392 & 395)

3. Driver Fitness (Parts 383 & 391)

4. Controlled Substances/Alcohol (Parts 382 & 392)

5. Vehicle Maintenance (Parts 393 & 396)

6. Cargo Related (Parts 392, 393, 397 & HM)

7. Crash Indicator

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New Interventions ProcessThe New Interventions Process addresses the…

• WHAT Discovering violations anddefining the problem (similar to current model), but also expanding to include the why and how

• WHY Identifying the cause or where the processes broke down

• HOW Determining how to fix it/prevent it through use of Safety Management Cycle and Safety Improvement Resources

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New Intervention ToolsNew intervention tools reach more carriers and influence safety compliance earlierWarning LettersInvestigations

− Offsite Investigations− Onsite Investigations - Focused− Onsite Investigations - Comprehensive

Follow-on corrective actions− Cooperative Safety Plan (CSP)− Notice of Violation (NOV)− Notice of Claim (NOC)− Operations Out-of-Service Order (OOS)

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Current vs CSA 2010 Intervention Process

Current CR ProcessCSA 2010 Intervention

Process

Broad one-size fits-all investigation regardless of extent or scope of safety deficiencies

Array of interventions can be tailored to address extent and scope of specific safety deficiencies

Resource intensive for agency and time consuming for carrier/fewer carriers contacted

Less resource intensive for agency and less time consuming for carrier/more carriers contacted

Focuses on broad compliance based on rigid set of acute/critical violations

Focuses on improving behaviors that are linked to crash risk

Discover what violations exist Discover what safety problem(s) are and why they exist, to facilitate corrective action

Major safety problems result in fines (Notice of Claim (NOC))

When problems found, major focus on carrier proving corrective action; significant problems continue to result in fines

Focuses on carrier Expands focus to include investigating individual drivers

What is Changing?• The way FMCSA assesses carrier safety

– Identifies unsafe carrier and driver behaviors that lead to crashes– Uses all safety-based roadside inspection violations count– Evaluates/tracks driver performance individually

• How FMCSA addresses carrier safety issues – Reaches more carriers earlier and more frequently– Improves efficiency of investigations

• Focuses on specific unsafe behaviors• Identifies root causes• Defines and requires corrective actions

• How FMCSA promotes safety– Forces carriers/drivers to be accountable for their safety performance

• Demands and enforces safe on-road performance

– Makes more complete safety performance assessments publicly available

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What Can Carriers Do To Prepare Now?

• Learn more about CSA: http://csa2010.fmcsa.dot.gov – Understand the BASICs– Check the site for implementation schedule– Sign up for latest news: RSS/listserv

• Check and update records– Motor Carrier Census (Form MCS -150)– Inspection and crash report

• Ensure compliance – Review inspections and violation history over the past 2 years – Address safety problems now– Educate drivers about how their performance impacts their own driving

record and the safety assessment of the carrier

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