# Presentation: 574852

**Motor Carrier **
**Safety Compliance Seminar**

- Part 1 of 2

## United States Department of TransportationFederal Motor Carrier Safety AdministrationInternational Association of Chiefs of PoliceCommercial Vehicle Safety AllianceState of TexasState of New Mexico

**Motor Carrier Safety Compliance Seminar**

## What we are going

- to cover........

**Operating Authority**
**Financial Responsibility**
**Motor Carrier Safety Regulations**
**Hazardous Materials Regulations**

- What we are going
- to cover........

## 
North American Standard
Inspection Procedures

Out-of-Service Criteria

Rules of the Road and Driver Safety Tips

State Requirements

**North American Standard**
**Inspection Procedures**
**Out-of-Service Criteria**
**Rules of the Road and Driver Safety Tips**
**State Requirements**

- What we are going
- to cover........

## Operating as a Motor Carrier

- in the United States.......

## Obtain Authority (Certificate of  Registration)

Complete the Motor Carrier Identification Report and mark your commercial vehicles with the legal name and DOT number assigned to you.

Obtain Public Liability Insurance  

Complete a BOC-3 Process Agent Form ( A person you have designated to represent you in the U.S.)

**Complete the Motor Carrier Identification Report and mark your commercial vehicles with the legal name and DOT number assigned to you.**
**Obtain Public Liability Insurance  **
**Complete a BOC-3 Process Agent Form ( A person you have designated to represent you in the U.S.)**

-  What you need to do....

## 
5) 	Comply with Federal Motor Carrier Safety Regulations

6)	Comply with Hazardous Materials Regulations

7)	Comply with all State Motor Carrier Safety and Economic Regulations

**5)**** ****	****Comply with Federal Motor Carrier Safety Regulations**
**6)****	****Comply with Hazardous Materials Regulations**
**7)****	****Comply with all State Motor Carrier Safety and Economic Regulations**

-  What you need to do....

_**Certificate of Registration**_ applies only to Commercial Zones along the Border - -
- 	Certificate includes:
- 		Name of Carrier
- 		FMSCA MX Docket Number
- 		Domicile Commercial Zones
- 		**Must Be Carried in Vehicle**

- Obtain Operating Authority

## Complete the Motor Carrier Identification Report and Mark CMVs with Motor Carrier Name and USDOT Number..........

## Size, Shape, Location and Color of Marking 

## The marking must:
	Appear on both sides of the vehicle			 	Example:  both doors of the truck cab   

	Be in letters that contrast sharply in color with		the background on which  the letters are 		placed

	Be readily legible, during daylight hours, from a	distance of 50 feet (15.24 meters) while the    		commercial motor vehicle is stationary 

- 	Appear on both sides of the vehicle			 	Example:  both doors of the truck cab
- 	Be in letters that contrast sharply in color with		the background on which  the letters are 		placed
- 	Be readily legible, during daylight hours, from a	distance of 50 feet (15.24 meters) while the    		commercial motor vehicle is stationary

- Size, Shape, Location and Color of Marking

## Be kept and maintained in a manner that retains the legibility 

Be painted on the commercial motor vehicle, or  consist of a removable device       (if that device meets identification and legibility requirements)

- Be painted on the commercial motor vehicle, or  consist of a removable device       ***(if that device meets identification and legibility requirements)***

- Size, Shape, Location and Color of Marking

## Complete the Motor Carrier Identification Report and Mark CMVs with Motor Carrier Name and USDOT Number

## Complete the Motor Carrier Identification Report and Mark CMVs with Motor Carrier Name and USDOT Number

**Complete the Motor Carrier Identification Report and Mark CMVs with Motor Carrier Name and USDOT Number**

## Public Liability Insurance Needed to Operate in the U.S. .....

## Liability for:

**Liability for:**
**Bodily Injury **
**Property Damage including**
**Environment Restoration**

## Public Liability Insurance to Operate in the U.S. 

- 	Motor Carrier Automobile Bodily Injury and
- 	Property Damage Liability Certificate of Insurance:
-  Must be submitted by an insurance company
- Authorized to file with the FMCSA.

**	****BMC-91 (or 91X) Must Be Submitted To**
**	****FMCSA**

## 	Possess and carry in the cab of the truck

	Completed motor carrier MCS-82 or MCS-90 		Insurance endorsement form,  and

	Insurance identification card, binder or similar 		document indicating the dates of coverage 		issued by a qualified insurance carrier

- 	Completed motor carrier MCS-82 or MCS-90 		Insurance endorsement form,  and
- 	Insurance identification card, binder or similar 		document indicating the dates of coverage 		issued by a qualified insurance carrier

***Public Liability Insurance to Operate in the U.S.***

## 		Before a certificate of registration is 	issued, you must ---

 Obtain insurance coverage for periods of
	 24 hours or longer, and 

 File FMCSA Form BOC-3 Process Agent 
	 with FMCSA

-  Obtain insurance coverage for periods of
- 	 24 hours or longer, and
-  File FMCSA Form BOC-3 Process Agent
- 	 with FMCSA

***Public Liability Insurance to Operate in the U.S.***

## Type of Carriage : 	For hire (in interstate or 				foreign commerce, with a 				GVWR of 10,000 or more 				pounds)

Commodity
Transported: 		Property (non-hazardous)

Amount: 			$750,000 

**Commodity**
**Transported:** 		Property (non-hazardous)
**Amount:** 			$750,000

***Public Liability Insurance to Operate in the U.S.***

## 
Type of Carriage:	For hire (in interstate or 					foreign commerce, with a 					GVWR of 10,000 or more 					pounds)

Commodity 
Transported: 		Hazardous Materials

Amount:			$5,000,000

**Type of Carriage:****	**For hire (in interstate or 					foreign commerce, with a 					GVWR of 10,000 or more 					pounds)
**Commodity **
**Transported:**** ****	****	**Hazardous Materials
**Amount:****	****	****	****$5,000,000**

***Public Liability Insurance to Operate in the U.S.***

## Type of		For hire and private (in interstate or
Carriage:		foreign commerce, in any quantity; 			or in interstate, in bulk only; with a 				GVWR of less than 10,000 pounds)  

Commodity 
Transported: 	Oil listed in 49 CFR 172.101; 				Hazardous Waste, Hazardous 				Materials, and Hazardous 					Substances defined in 49 CFR 				171.8 and listed in 49 CFR 172.101

Amount:		$1,000,000 

**Carriage:****	****	**foreign commerce, in any quantity; 			or in interstate, in bulk only; with a 				GVWR of less than 10,000 pounds)
**Commodity **
**Transported:**** ****	**Oil listed in 49 CFR 172.101; 				Hazardous Waste, Hazardous 				Materials, and Hazardous 					Substances defined in 49 CFR 				171.8 and listed in 49 CFR 172.101
**Amount:****	****	**$1,000,000

***Public Liability Insurance to Operate in the U.S.***

## Type of Carriage:  	For hire and private (in 					interstate or foreign 						commerce, with a GVWR of 					less than 10,000 pounds)

Commodity 
Transported: 	Division 1.1, 1.2, or 1.3 material;
				any quantity of a Division 2.3, Hazard 				Zone A, or Division 6.1, Packing Group 			1, Hazard Zone A material; or highway 			route controlled quantities of a class 7 			material as defined in 49 CFR 173.403

Amount:		$5,000,000 

**Commodity **
**Transported:**** ****	****Division 1.1, 1.2, or 1.3 material;**
**	****	****	****	****any quantity of a Division 2.3, Hazard ****	****	****	****	****Zone A, or Division 6.1, Packing Group ****	****	****	****1, Hazard Zone A material; or highway ****	****	****	****route controlled quantities of a class 7 ****	****	****	****material as defined in 49 CFR 173.403**
**Amount:****	****	****$5,000,000 **

***Public Liability Insurance to Operate in the U.S.***

## Passenger Carriers Vehicle 		
Seating Capacity :			   Amount:

 16 passengers or more 		  $5,000,000

15 passengers or less		  $1,500,000 		

***Seating Capacity :******	******	******	******   Amount:***
-  16 passengers or more 		  $5,000,000
- 15 passengers or less		  $1,500,000

***Public Liability Insurance to Operate in the U.S.***

## Federal Motor Carrier Safety 

- Regulations (FMCSR) ............

## Motor Carrier Safety Regulations

**Part 390** 	General Requirements
**Part 391**	Driver Qualifications
**Part 382**	Alcohol & Drugs
**Part 392** 	Driving Motor Vehicles
**Part 395**	Hours of Service
**Part 393** 	Parts & Accessories
**Part 396**	Inspection & Repair

## 393.11 - Lighting Devices & Reflectors
396.3A1 -Inspection, Repair & Maintenance
396.17C - Periodic Inspections
393.9 - Lamps
393.75C - Applicable Operating Rules

- 396.3A1 -Inspection, Repair & Maintenance
- 396.17C - Periodic Inspections
- 393.9 - Lamps
- 393.75C - Applicable Operating Rules

*Most Frequently Cited Violations in*
*the Four Border States*

## FMCSR  390 General Requirements..........

## Commercial Motor Vehicle

Any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:

***Any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:***

***FMCSR Part 390  General Requirements***

## Gross vehicle weight rating or gross combination weight rating of 4,536 kg (10,001 pounds) or more
Transports more than 8 passengers (including the driver) for compensation
Transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation
Used in transporting a quantity of hazardous material requiring placarding. 

**Transports more than 8 passengers (including the driver) for compensation**
**Transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation**
**Used in transporting a quantity of hazardous material requiring placarding. **

***FMCSR Part 390  General Requirements***

## Type of Accident Required to Be Reported by Motor Carrier
	Any 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

Disabling damage to one or more motor vehicles

*	**Any 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**
**Disabling damage to one or more motor vehicles**

***FMCSR Part 390  General Requirements***

## 	Motor Carriers are required to maintain an accident
	register containing.......

	Date and place of accident 

	Driver's name 

	Number of injuries and fatalities 

	Hazardous materials (other than fuel) released

	Other information as required by State or other 	governmental entities or Insurers

For a period of one year after an accident occurs

- 	register containing.......
- 	Date and place of accident
- 	Driver's name
- 	Number of injuries and fatalities
- 	Hazardous materials (other than fuel) released
- 	Other information as required by State or other 	governmental entities or Insurers
- For a period of _one year_ after an accident occurs

***FMCSR Part 390  General Requirements***

## FMCSR  Part 391 Driver Qualifications..........

## 	Commercial Driver Must Be........

In good health and physically able to perform all 	duties of a driver 

At least 21 years of age

Able to speak and read English well enough to converse with the general public, understand highway traffic signs and signals, respond to official questions, and be able to make legible entries on reports and records

- In good health and physically able to perform all 	duties of a driver
- At least 21 years of age
- Able to speak and read English well enough to converse with the general public, understand highway traffic signs and signals, respond to official questions, and be able to make legible entries on reports and records

***FMCSR Part 391 Driver Qualifications***

## Commercial Driver Must Be ........		

Be able to drive the vehicle safely 

Know how to safely load and properly block, brace,
   and secure the cargo

Hold one valid commercial motor vehicle
   operator's license (Licensia Federal or U.S. CDL) 

- Be able to drive the vehicle safely
- Know how to safely load and properly block, brace,
-    and secure the cargo
- Hold one valid commercial motor vehicle
-    operator's license (Licensia Federal or U.S. CDL)

***FMCSR Part 391 Driver Qualifications***

## Commercial Driver Must ........

Provide an employer with a list of all motor vehicle violations during the past 12 months.   Disqualified driver not allowed to drive a commercial motor vehicle for any reason 
Pass a driver's road test or equivalent
Complete an application for employment
Possess a valid medical certificate

- Provide an employer with a list of all motor vehicle violations during the past 12 months.   Disqualified driver not allowed to drive a commercial motor vehicle for any reason
- Pass a driver's road test or equivalent
- Complete an application for employment
- Possess a valid medical certificate

***FMCSR Part 391 Driver Qualifications***

## 		Every motor carrier must have a qualification
		 file for each regularly employed driver....

			Driver’s Application for Employment 

			Inquiry to Previous Employers— 3 Years

			Inquiry to State Agencies— 3 Years

			Annual Review of Driving Record 

*	**	** **file for each regularly employed driver....*
- 			Driver’s Application for Employment
- 			Inquiry to Previous Employers— 3 Years
- 			Inquiry to State Agencies— 3 Years
- 			Annual Review of Driving Record

***FMCSR Part 391 Driver Qualifications***

## 	
Annual Driver’s Certification of Violations

Driver’s Road Test Certificate or Equivalent

Medical Examinations

- Annual Driver’s Certification of Violations
- Driver’s Road Test Certificate or Equivalent
- Medical Examinations

***FMCSR Part 391 Driver Qualifications***

***Driver Qualification file.........***

**	**

***FMCSR Part 391 Driver Qualifications***

**Driver disqualification for conviction of :**
**    ****Driving a CMV while under the influence of   alcohol**
**   ****Driving a CMV while under the influence of a    disqualifying drug or other controlled substance**
**   ****Leaving the scene of an accident that    involves a CMV**

***Driver Qualification file.........***

**	**

***FMCSR Part 391 Driver Qualifications***

**  ****Using a CMV to commit a felony or a serious traffic violation**
**  ****Using a CMV to violate an Out-of-Service Order **
**  ****Using a CMV to violate the railroad-highway grade crossing rule**

***Driver Qualification file.........***

## FMCSR  382 Alcohol and Drugs..........

## Controlled Substance and Alcohol
Testing Program

	Requires employers and drivers to establish and participate in a controlled substance and alcohol testing program  

	Program is designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by  drivers of commercial motor vehicles.

**Testing Program**
- 	Requires employers and drivers to establish and participate in a controlled substance and alcohol testing program
- 	Program is designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by  drivers of commercial motor vehicles.

***FMCSR Part 382 Alcohol and Drugs***

## Controlled Substance and Alcohol Testing
Program...

	Employers and drivers must comply with the controlled  substances and alcohol testing regulations if they  operate a commercial motor vehicle in commerce in  any State.

**Program...**
- 	Employers and drivers must comply with the controlled  substances and alcohol testing regulations if they  operate a commercial motor vehicle in commerce in  any State.

***FMCSR Part 382 Alcohol and Drugs***

- Employers are Responsible to ensure that
- all alcohol or controlled substances
- testing conducted under this part complies with
- the procedures set forth in Part 40

## Types of Alcohol & Controlled Substance Tests 

				Pre-employment

				Post-Accident 

				Random

				Reasonable Suspicion

				Return-to-Duty

				Follow-up

- 				Pre-employment
- 				Post-Accident
- 				Random
- 				Reasonable Suspicion
- 				Return-to-Duty
- 				Follow-up

***FMCSR Part 382 Alcohol and Drugs***

## Retention of Records

**Five Years**
- 		Alcohol test results indicating a BAC of 0.02 or
- 		greater
- 		Verified positive drug test results
- 		Refusals to submit to required tests
- 		Required calibration of breath testing devices

***FMCSR Part 382 Alcohol and Drugs***

## Two Years
Records related to the collection process and
required training 

One Year
Negative and canceled controlled substance
test results

Alcohol test results indicating a BAC of less
than 0.02

- Records related to the collection process and
- required training
**One Year**
- Negative and canceled controlled substance
- test results
- Alcohol test results indicating a BAC of less
- than 0.02

***FMCSR Part 382 Alcohol and Drugs***

**Retention of Records**

## 	Provide educational materials explaining requirements
	and employer's policies regarding alcohol
	misuse and controlled substances abuse, including: 

		The person designated to answer drug and 
		alcohol questions

		Which drivers are subject to these requirements, 	what  behavior is prohibited, and a clarification of 	what a "safety sensitive function" is.

- 	and employer's policies regarding alcohol
- 	misuse and controlled substances abuse, including:
- 		The person designated to answer drug and
- 		alcohol questions
- 		Which drivers are subject to these requirements, 	what  behavior is prohibited, and a clarification of 	what a "safety sensitive function" is.

***FMCSR Part 382 Alcohol and Drugs***

**Supervisor Training/Driver Awareness**

## Circumstances under which a driver will be tested,
and the procedures that will be used 

Explanations of the requirement that a driver 
submit to the testing, as well as what constitutes a
driver's refusal to submit to testing

Consequences for drivers who have violated the
testing requirements

Information concerning the effects of alcohol
misuse,and controlled substances abuse on 
health, work, and personal life

- and the procedures that will be used
- Explanations of the requirement that a driver
- submit to the testing, as well as what constitutes a
- driver's refusal to submit to testing
- Consequences for drivers who have violated the
- testing requirements
- Information concerning the effects of alcohol
- misuse,and controlled substances abuse on
- health, work, and personal life

***FMCSR Part 382 Alcohol and Drugs***

**Supervisor Training/Driver Awareness**

## FMCSR  392 Driving Motor Vehicles..........

## Drivers shall not drive when their...

Ability and/or alertness is impaired by: 

		 	Fatigue

Illness, or

Any other cause

 that makes it unsafe to begin (or continue) to
 drive the vehicle

- Ability and/or alertness is impaired by:
- 		 	Fatigue
- Illness, or
- Any other cause
-  that makes it unsafe to begin (or continue) to
-  drive the vehicle

***FMCSR Part 392 Driving Motor Vehicles***** **

## Drivers shall not use or possess... 

Any Schedule I drug or other substance listed in
	Appendix D any amphetamine or formulation of an
	amphetamine (including pep pills and bennies)

Narcotics or derivatives 

Any other substance that makes driving unsafe 

- Any Schedule I drug or other substance listed in
- 	Appendix D any amphetamine or formulation of an
- 	amphetamine (including pep pills and bennies)
- Narcotics or derivatives
- Any other substance that makes driving unsafe

***FMCSR Part 392 Driving Motor Vehicles***** **

## Drivers are forbidden to... 

Consume or be under the influence 
		of  alcohol within four hours of going on duty,
	 	while on duty, or while driving 

To possess an alcoholic beverage while on
   duty, unless it is a manifested part of the
   shipment

- Consume or be under the influence
- 		of  alcohol within four hours of going on duty,
- 	 	while on duty, or while driving
- To possess an alcoholic beverage while on
-    duty, unless it is a manifested part of the
-    shipment

***FMCSR Part 392 Driving Motor Vehicles***** **

## Safe Loading

No one shall drive or require anyone to drive a commercial motor vehicle unless the cargo is properly loaded and secured

**No one shall drive or require anyone to drive a commercial motor vehicle unless the cargo is properly ****loaded**** and ****secured**

***FMCSR Part 392 Driving Motor Vehicles***** **

## 
Railroad Crossings/Stopping

Motor vehicles transporting hazardous materials, and most buses transporting passengers, are forbidden to cross railroad tracks without first stopping and looking both ways

Additionally, the driver must not shift gears while crossing the track 

**Railroad Crossings/Stopping**
- Motor vehicles transporting hazardous materials, and most buses transporting passengers, are forbidden to cross railroad tracks without first stopping and looking both ways
- Additionally, the driver must not shift gears while crossing the track

***FMCSR Part 392 Driving Motor Vehicles***** **

## Seat Belts

	A driver must not drive before 
	correctly restraining him/herself

- 	**A driver must not drive before **
**	****correctly**** ****restraining him/herself**

***FMCSR Part 392 Driving Motor Vehicles***** **

## Emergency Signals for Stopped Vehicles

A vehicle stopped upon a highway or shoulder must activate the vehicle's hazard warning flashers at once. 

Leave the flashers on until warning devices are activated. 

The flashers must again be used while the warning devices are being picked up before the vehicle moves on.

- A vehicle stopped upon a highway or shoulder must activate the vehicle's hazard warning flashers at once.
- Leave the flashers on until warning devices are activated.
- The flashers must again be used while the warning devices are being picked up before the vehicle moves on.

***FMCSR Part 392 Driving Motor Vehicles***** **

## 	Placement of Warning Devices

	1.	One warning device must be placed on the 	traffic side of the vehicle, within ten feet, in the 	direction of approaching traffic.

	2.	 A second device must be placed facing 	approaching traffic approximately 100 feet 	away in the center of the lane or shoulder 	where the vehicle is stopped.

	3. 	The third device must be placed about 100 feet 	away from the stopped vehicle, in the direction 	away from approaching traffic.

- 	**1.**	One warning device must be placed on the 	traffic side of the vehicle, within ten feet, in the 	direction of approaching traffic.
- 	2.	 A second device must be placed facing 	approaching traffic approximately 100 feet 	away in the center of the lane or shoulder 	where the vehicle is stopped.
- 	3. 	The third device must be placed about 100 feet 	away from the stopped vehicle, in the direction 	away from approaching traffic.

***FMCSR Part 392 Driving Motor Vehicles***** **

## Use of radar detectors is prohibited, including
the following:

Radar detectors shall not be used by a driver in a commercial vehicle. 

A driver shall not operate any commercial motor vehicle that is equipped with a radar detector. 

Motor carriers shall not require or permit a driver to violate the radar detector provisions. 

- the following:
- Radar detectors shall not be used by a driver in a commercial vehicle.
- A driver shall not operate any commercial motor vehicle that is equipped with a radar detector.
- Motor carriers shall not require or permit a driver to violate the radar detector provisions.

***FMCSR Part 392 Driving Motor Vehicles***** **

## End of Part 1 
To continue to Part 2 click here 

- To continue to Part 2 _[click here ](file:///../tm_sfty_comp_main.htm)_