Traffic Safety in the Workplace-CDL Laws and Restrictions

1. Traffic Safety in the Workplace-CDL Laws and Restrictions Presented by: Joe Austin and Kenneth SteckerSeptember 2012

2. Commercial Drivers’ Licenses Basics

3. Who is responsible for keeping dangerous commercial driversoff the road?

4. Major Developments in Transportation • Shipping to rail to highways (trucks) • Prior to 1986-unregulated and varying from state to state • 1986 – Congress enacted the Commercial Motor Vehicle Safety Act to improve the safety of commercial motor vehicle (CMV) drivers throughout the nation

5. CDLIS(Commercial Drivers License Information System) • Created as a result of the Commercial Motor Vehicle Safety Act of 1986 (CMVSA) • Intended to serve as a pointer system for information related to CDLs • Prior to issuing new CDL, states must query CDLIS to determine status in other states. • Only as strong as the information it receives

6. Title 49 Code of Federal Regulations • Violations – 49 CFR 383.51 • Licensing Requirements – 49 CFR 383 and 384 • Definitions – 49 CFR 390.5 and 383.5

7. Michigan Public Act 181 of 1963 • Adopts most of the FMCSR’s as State Law • Provides some exemptions for intrastate carriers. • Sets penalties for citations issued by a state or local law enforcement officer.

8. ACT 181 Penalties • Basic violations of the act are a state civil infraction with a fine of not more than $250.00 for each violation. • A driver or motor carrier operating a vehicle in violation of an out-of-service order is responsible for a state civil infraction and shall be assessed a fine of not more than $500.00. • Operating a commercial motor vehicle with a serious safety defect is a state civil infraction and shall be assessed a fine of not more than $500.00 for each violation.

9. Hazardous Material Violations480.17c • Violation of Hazardous Material Regulations is a state civil infraction with a fine of not more than $500.00 for each violation. • knowingly or willfully violating HMR’s is a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $500.00, or both, for each violation.

10. Terms to Remember • CMV-Commercial Motor Vehicle • CDL-Commercial Driver’s License • GVWR-Gross Vehicle Weight Rating (assigned by manufacturer-not the actual weight) • GCWR-Gross Combination Weight Rating (assigned by manufacturer-not the actual weight) • FMCSA-Federal Motor Carrier Safety Administration

11. GVWR

13. Commercial Motor Vehicle Definition(49 C.F.R. § 382.107)_______________________________________________________________________________________________________________________________________________ Single/combination vehicle used in commerce to transport people or property if • Has GCWR of 26,001 or more inclusive of towed unit with GVWR or more than 10,000 pounds OR • Has a GVWR of 26,001 pounds OR • Is designed to transport 16 or more passengers, including the driver OR • Any size or type of vehicle actually used to transport hazardous materials [for purposes of Hazardous Material Transportation Act (49 U.S.C. 5103(b))] requiring the vehicle to be placarded pursuant to Hazardous Materials Regulations (49 CFR part 172, subpart F)

14. Types of CMV(49 C.F.R. § 383.91) • Group A- Combination Vehicle Group • Group B- Heavy Straight Vehicle • Group C- Small Vehicle

15. Group A- Combination Vehicle Any combination of vehicles with a GCWR of 26,001 pounds or more provided the GVWR of the vehicle being towed is more than 10,000 pounds.

16. Group B- Heavy Straight Vehicle Any single vehicle with a GVWR of 26,001 or more or any such vehicle towing a vehicle not in excess of 10,000 pounds.

17. Group C- Small Vehicle Any single vehicle or combination o f vehicles not meeting the definition of Group A or Group B that is designed to transport 16 or more passengers (including the driver) OR is used in the purposes of the Hazardous Materials Transportation Act and which requires the vehicle to be placarded under the Hazardous Materials Regulations (49 C.F.R. Part 172).

18. VEHICLE / CDL TYPES Pick Up Truck -Tractor and Semi Trailer Straight Truck CDL B Over 26,001 lbs. CDL A

19. VEHICLE / CDL TYPES Truck Tractor Semi-Trailer 5 axle Tandem-Tandem – CDL A Dump Truck 3 axle dump CDL B Truck Tractor DoubleSemi-Trailers B-Train CDL A (T) Endorse

20. Truck - Tractor “Bobtail” CDL B 257.77 Truck-Tractor: means every motor vehicle designed and used primarily for drawing other vehicles, and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn, except that a truck tractor and semi-trailer engaged in the transportation of automobiles may transport motor vehicle on part of the power unit.

21. Dump Truck and Full Trailer CDL A

22. Truck CDL B Rollover-container Truck 257.75 Truck: means every motor vehicle primarily designed, used, or maintained for the transportation of property.

23. Truck and Semi-Trailer Combination CDL A

24. Pickup Truck and Semi-Trailer CDL A/B/or chauffeurs license? There is no statutory definition of a pickup truck. A.G. Opinion is that a pickup is a vehicle that is constructed as such without alteration. (i.e. if the bed is intact and no alterations are made than it is a pickup truck).

25. Pickup Truck and Semi-Trailer A semi-trailer is the proper class for (goose neck trailer) which does not require it to have safety chains. Privately owned and used for transport of recreational equipment. NO CDL.

26. Truck Tractor and Semi-Trailer With or without alterations this is a Truck-Tractor

27. Full Trailer Trailer : Every vehicle with or without motive power, other than a pole-trailer, designed for carrying property or persons and for being drawn by a motor vehicle and so constructed that no part of its weights rest upon the towing vehicle.

28. What is a CDL? • 1986 Commercial Motor Vehicle Safety Act • Specialized license required by all states to operate CMVs (buses, tractor trailers, tow trucks) • Uniform system of testing and licensing • Uniform system of disqualification for major and serious violations of traffic laws

29. A driver can only haveONE CDL! Federal law prohibits drivers from holding a CDL in more than one state.

30. Who needs a CDL? • Most operators of CMVs • Some exemptions apply • States may require non-commercial type license for larger vehicles

31. Is the vehicle used to transport hazardous/toxic material (which is Is the GCWR/GVWR* should be placarded) as classified by 49 of the vehicle or U.S.C. 5103/49 C.F.R. Part 172 or 42 vehicles >26,001 lbs.? C.F.R. Part 73 or designed to transport 16 or more passengers including the No driver? Yes No No Is the GVWR Is the driver operating a of the power unit Yes vehicle that is a combination NO CDL No alone >26,001 lbs? vehicle? REQUIRED Yes No Class C CDL Is the total GVWR of the vehicle(s ) Yes being towed >10,000 lbs? Yes Class B CDL Class A CDL

32. Exemptions & Waivers • Waiver - 49 CFR 381.200 - temporary regulatory relief from one or more FMCSR given to a person subject to the regulations under 49 CFR 382,383,390.19, 390.21,391,393, 395, 396,396.25, 399 • Exemption – 49 CFR 381.300 - temporary regulatory relief, renewable for up to two years, from one or more FMCSR given to a person or class of persons subject to the regulations, or who intend to engage in an activity that would make them subject to the regulations under 49 CFR 382, 383, 391, 392, 393, 395 396, 396.25 399 • Farmers/agriculture -Firemen or women • Military -Others

33. Three Classifications of CDL • Class A for larger trucks and combination vehicles (tractor trailers, tankers, etc.) • Class B for single trucks (dump trucks) or large passenger vehicles (interstate motor coach) • Class C for smaller passenger vehicles (16 including driver) or hazmat transport

34. State Obtained CDL Endorsements • Hazardous Materials • Tank Vehicles • Passenger Vehicles • School Bus • Double/Triple Trailers

35. License Restrictions May Apply • 49 CFR 383.95 • Air Brake • Medical Variance Restrictions

36. CDL Requirements • Drivers must fulfill specific state requirements for licensing • Drivers must be qualified per state and federal regulations in order to receive a CDL

37. Basic Prerequisites • CDLIS check – no disqualifications • No current suspensions, revocations • Proof of legal presence • English proficiency • Criminal history check not required for most CDL applicants (hazmat does require this)

38. Driver Testing • Testing is fairly uniform throughout a state and across the country • Testing must include both skills and knowledge based portions • Drivers must test in appropriate CMV • Learner’s permit may be issued

39. Three Part Skills Test • Pre-trip inspection • Basic vehicle control • On road driving

40. Medical Conditions Can Disqualify Driver49 CFR 391.41 • Any illness, injury or prescription that impairs • Methadone use/Alcoholism/Drug Use • Chronic conditions (epilepsy, apnea, balance disorders) • Multiple other conditions may disqualify if they impair or could impair driving ability

41. Medical Examination • By physician or other approved examiner • No medical drug screen required • Basic screening (self-reporting) • Some conditions prevent qualifications • Some conditions can be given medical waiver • Driver must carry medical certificate

42. Upcoming Changes • CDL Self Certification. Starting on January 30, 2014 interstate drivers will no longer be required to carry a medical certificate. It will be part of their CDLIS record. • National Registry of Medical Examiners will require drivers to obtain a medical exam only from medical examiners in the registry.

43. CMV Drug Testing • Pre-employment tests may not be kept • Only a percentage of an employers drivers must be tested for drugs and alcohol • Not all drugs detected by employer screens

44. Any felony in ANY motor vehicle disqualifies CDL holder for 1 yr. Second major violation can disqualify for LIFE Definition of conviction is different under federal regulations Many criminal and traffic laws affect CDL holders differently

45. Handheld Mobile TelephoneFMCSR 392.83 • a(1) No driver shall use a hand-held mobile telephone while driving a CMV • (2) No motor carrier shall allow or require its drivers to use a hand-held mobile telephone while driving a CMV

46. Definition • For the purpose of this section only, driving means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.

47. Emergency Exception • Using a hand-held mobile telephone is permissible by drivers of a CMV when necessary to communicate with law enforcement officials or other emergency services.

48. Mobile Telephone • -means a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the Federal Communications Commission, 47 CFR 20.3. • It does not include two-way or Citizens Band Radio services.

49. Use a hand-held mobile telephone means: • (1) Using at least one hand to hold a mobile telephone to conduct a voice communication; • (2) Dialing or answering a mobile telephone by pressing more than a single button, or • (3) Reaching for a mobile telephone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with 49 CFR 393.93 and adjusted in accordance with the vehicle manufacturer's instructions.

50. Texting- FMCSR 392.80 • Prohibition. No driver shall engage in texting while driving. • Motor carriers. No motor carrier shall allow or require its drivers to engage in texting while driving.