Georgia Department of Public Safety Motor Carrier Compliance Division

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Georgia Department of Public SafetyMotor Carrier
Compliance Division

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New Entrant Safety Audit Program

• Captain Doug Ayers

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Purpose

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

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What is a Commercial Motor Vehicle (CMV)?

• 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

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Exceptions to General Applicability

• CMVs carrying between 9 and 15 passengers not for
  direct compensation or not beyond a 75 air-mile
  radius from the drivers 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

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REQUIREMENTS

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

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Qualifications of Drivers
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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

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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

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Commercial Driver Requirements

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

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Commercial Driver Requirements

• Pass a drivers road test or equivalent
• Complete an application for employment
• Possess a valid medical certificate

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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

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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

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Drivers 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

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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)

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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

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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

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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

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Driver Qualification File

• Every motor carrier must have a file for
• each regularly employed driver that
• includes
• Drivers 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

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Driver Qualification File

• Annual review of driving record
• Annual drivers certification of violations
• Drivers road test certificate or equivalent
• Medical examiners certificate

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In Conclusion

• Thank you for your time and attention!

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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,
• .                      Drivers name,
• .                      Number of injuries and
  fatalities,
• .                      Hazardous materials
  (other than fuel) released, if any.

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ACCIDENT REGISTER

• For a period of three years after an accident
  occurs, motor carriers are required to 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.

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(No Transcript)
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Questions?
www.dps.georgia.gov
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RECORD OF DUTY STATUSPart 395
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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

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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.

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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.
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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).

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Required Information

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Disciplinary Policy

• Motor Carriers shall have a disciplinary policy
  for noncompliance of Part 395.

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QUESTIONS ?

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[phone]

• www.dps.georgia.gov
• www.fmcsa.dot.gov

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Inspections, Repairs and Maintenance
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Who Must Comply?

• Every motor carrier and its
• Officers
• Drivers
• Agents
• Representatives
• Employees

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General Requirements

• Every carrier shall systematically inspect,
• repair and maintain all vehicles under its
• control.

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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

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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 carriers
  control.

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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

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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

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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

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Post-Trip Inspection Report Checklist

• Service brakes
• Parking brake
• Steering mechanism
• Lighting devices and reflectors
• Tires

• Horn
• Windshield wipers
• Rearview mirrors
• Coupling devices
• Wheels and rims
• Emergency equipment

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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

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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

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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

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Evidence of Qualifications

• Motor carriers must retain evidence of an
• inspectors qualifications until one year
• after the inspector ceases to perform
• inspections for the carrier.

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Periodic Inspection Equivalent

• The motor carrier may meet periodic
• inspection qualifications through
• State or other jurisdictions roadside inspection
  program
• Self-inspection by qualified employee
• Third party inspection by qualified individual

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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

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Brake Inspector Qualification

• Understand and be able to perform the brake
  service and inspection
• Know the methods, procedures, tools and equipment
  needed
• Be qualified to perform brake service or
  inspection by training and/or experience

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Qualifying Brake Training or Experience

• Includes successful completion of
• A State or Federal agency or union training
  program
• A State-approved training program
• Training that led to attainment of a State
  qualifying certificate
• One year of brake-related training, experience or
  a combination of both

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Maintaining Evidence of Brake Inspector
Qualifications

• Motor carriers must maintain evidence of brake
  inspector qualification at the principal place of
  business or the location where the inspector
  works
• Evidence must be retained for the period during
  which the brake inspector is employed in that
  capacity, and for one year thereafter

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Brake Inspector Qualification

• Understand and be able to perform the brake
  service and inspection
• Know the methods, procedures, tools and equipment
  needed
• Be qualified to perform brake service or
  inspection by training and/or experience

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• THANK YOU!