Who Is Exempt From FMCSA ELD Rule

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For many of the carriers I know, you will be exempt from the ELD ruling if your Drivers use paper DOT RODS for not more that 8 days during each 30 day period.  This exemption was made clear on August 31st 2016.

FMCSA ELD Compliance Timeline

FMCSA ELD Compliance Timeline

Here’s a video on the goals of ELD’s

 

 

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How Do I Know If I Am An Interstate Carrier?

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Map of Florida highlighting Nassau County

Map of Florida highlighting Nassau County (Photo credit: Wikipedia)

YOU ARE INTERSTATE:

I f you are a transporter (Motor Carrier) of product, which was manifested outside of the state, and your are shipping straight-through from Airport or Depot you are an interstate carrier and are required to comply with DOT Federal Motor Carrier Safety Regulations (FMCSR) . 

Therefore, you are advised to apply for Your DOT Motor Identification Number (MCS-150) and comply with  DOT  Interstate Hours On-Duty and Off-Duty and Maximum Hours Driving [click here](a downloadable pdf sheet)  apply to  any transporter of product that came from out of their state. 

 

YOU ARE INTRASTATE:

If your operation is solely within the State of Florida, and the commerce you engage in is solely within the State of Florida, e.g. no straight-through shipments, you are an intrastate carrier

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CSA Changes Due December 2012

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An example of a truck driver log book in the U...

An example of a truck driver log book in the United States. “PTI” is short for “pre-trip inspection”, as the driver is responsible for ensuring that the vehicle is fit to be driven (i.e., no flat tires, loose bolts, or broken parts). “On duty” time includes fueling, repairs, loading and unloading. “Off duty” time incudes meals and rest stops. (Photo credit: Wikipedia)

FMCSA Sharpens Focus with Improvements to Compliance Safety Accountability Program

“For complete details on the new CSA improvements, go to http://csa.fmcsa.dot.gov/.

The final CSA changes will provide FMCSA with more precise information when assessing a company’s over-the-road safety performance. The changes will be implemented in December 2012 and include:

  • Changing the Fatigued Driving BASIC to the more specific Hours-of-Service (HOS) Compliance BASIC to more accurately reflect violations in this area; and weighting HOS paper and electronic logbook violations equally. 
  • Strengthening the Vehicle Maintenance BASIC by including cargo/load securement violations from today’s Cargo-Related BASIC.
  • Removing 1 to 5 mph speeding violations to ensure citations are consistent with current speedometer regulations.
  • Ensuring all recorded violations accurately reflect the inspection type (i.e., only driver violations will be recorded under driver inspections).

“Good data plays a key role in keeping our nation’s roads safe,” said Transportation Secretary Ray LaHood. “These improvements will enable us to better identify and address unsafe truck and bus companies before tragedies occur.”

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Are You A Target For DOT Audit – Intervention?

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It depends on how you have responded to inspection citations like this.

Citation-C-Driver Violation-Example

Find our how you are doing with your DOT inspections by going to this site. http://ai.fmcsa.dot.gov/SMS/ or click on pic below.

HowToCheckYourDOTStatus

If your report looks like this . . . you’ve got some serious training and DOT safety system training to do.  (3 years of reports)

DOT#SearchResult

and your status report will probably look like this . . .image and expect intervention

YouAreA-DOT-AuditInterventionTarget

http://ai.fmcsa.dot.gov/SMS/

DOT – CSA 2010 Compliance

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If you are NON-COMPLIANT WITH DOT REGULATIONS,  having accidents and lawsuits already . . . it is a matter of time for DOT to audit and perhaps fine you into recognition of the value of DOT – CSA 2010 COMPLIANCE

Drivers are required to fill out records of duty status (logs); the motor carrier is required to keep them plus supporting documentation for six months.

These tires are out of compliance with the Federal Motor Carrier Safety Regulations because they have less than the required amount of tread; the truck should not be driven until maintenance has been performed.

Compliance

The commercial motor vehicle industry is highly regulated; many of the regulations are quite specific and they are frequently updated.

Services · Ruhl Forensic

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FMCSR : To Mandate EOBR or not to Mandate EOBR

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There is no doubt that fatique is a killer.  There may be a mandate coming for On-board recorders (EOBR’s) to monitor driver HOS (hours of service compliance).  There are many efforts taking place these days compelling citizens to do this and that, I hope I don’t have to name them.  Do you think this trend of Government mandated purchases

Graph outlining the relationship between numbe...

Image via Wikipedia

for our own good is a good trend?  You should also let your congressman know how you see things. Click Here. 

On to the article . . .  “This proposed rule also continues the Department’s partnership with Cornell on the e-Rulemaking Initiative, an important step toward keeping President Obama’s promise of opening government to more effective citizen participation. The Cornell e-Rulemaking Initiative (CeRI) makes the federal regulatory process more accessible to the public through Regulation Room, an online public participation environment where people can learn about and discuss proposed federal regulations and provide effective feedback to the Department.

Citizens can find more information on the Cornell online effort and provide comments on the proposed rule at regulationroom.org over the next 60 days. The Department of Transportation encourages participation in this rulemaking through Regulation Room, but the public may also submit comments to the DOT docket at regulations.gov.

3373334458_808c6d0da2_s[1]The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) today issued a regulatory proposal that would require interstate commercial truck and bus companies to install electronic on-board recorders (EOBRs) to monitor their drivers’ hours-of-service (HOS) compliance.

The proposed rule would also relieve interstate motor carriers from retaining certain HOS supporting documents, such as delivery and toll receipts, which are currently used to verify the total number of hours drivers spend operating the vehicle. This part of the proposal fulfills an order of the U.S. Court of Appeals for the District of Columbia requiring FMCSA to publish a Notice of Proposed Rulemaking regarding supporting documents by January 31, 2011.

“We cannot protect our roadways when commercial truck and bus companies exceed hours-of-service rules,” said Transportation Secretary Ray LaHood. “This proposal would make our roads safer by ensuring that carriers traveling across state lines are using EOBRs to track the hours their drivers spend behind the wheel.”

EOBRs are devices attached to commercial vehicles that automatically record the number of hours drivers spend operating the vehicle. Several carriers, including Schneider National, Maverick USA, J.B. Hunt, Knight Transportation and U.S. Express Enterprise, have already installed EOBR technology on their fleets. Approximately 500,000 carriers would be affected by the proposed rule.

Under the proposal, interstate carriers that currently use Records of Duty (RODS) logbooks to document drivers’ HOS would be required to use EOBRs. Short-haul interstate carriers that use timecards to document HOS would not be required to use EOBRs.

Carriers that violate this EOBR requirement would face civil penalties of up to $11,000 for each offense. Noncompliance would also negatively impact a carrier’s safety fitness rating and DOT operating authority. In April 2010, FMCSA issued a final rule that mandates EOBRs for interstate carriers with serious patterns of HOS violations.

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CSA 2010 – Frequently Asked Questions – J. J. Keller & Associates, Inc.

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Here is a tid bit of info on 2010CSA which will effect any driver and carrier (company) with DOT numbers.  Read and act accordingly NOW.

Q: Is there a minimum size of company that will be included in the CSA 2010 program?
A: Any interstate carrier that has a US DOT number, no matter what size, will be included in the program. 

Applicability
Q: Which carriers are affected by CSA 2010?
A: Any interstate carrier that has a US DOT number is covered by the CSA 2010 program, no matter what “type” of carrier they are (for-hire, private, flatbed, van, utility, construction, etc.), what size carrier they are, or what type of vehicles they operate (CDL required versus non-CDL required vehicles). 

Q: Are intrastate carriers affected by CSA2010?
A: It depends on if their state requires intrastate carriers to get a DOT number, if they upload intrastate carrier violation and accident data into the Safetynet/MCMIS system, and if they do anything with the output of the system. What the states that require intrastate carriers to have a DOT number will do with CSA 2010 remains to be seen. 

Q: Is there a way I can file for a waiver and not participate in the CSA 2010 program?
A: No. There are no waivers. Any interstate carrier that has a US DOT number will be involved in the CSA 2010 program. 

Q: How does CSA 2010 affect Canadian and Mexican carriers?
A: Any interstate carrier with a US DOT number will be involved in the CSA 2010 program, no matter where they are domiciled. However, only accidents and violations that occur in the US will be counted in the data collection and evaluation system. The same is true of US carriers operating in Canada or Mexico (only violations that occur in the US will be counted in the carrier’s data and evaluation).Click the link below . . . learn more . . . there’s much more you need to know.

via CSA 2010 – Frequently Asked Questions – J. J. Keller & Associates, Inc..

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