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2009 Annual Members Conference Boston Seaport Hotel 200 Seaport Blvd Boston, MA 02210 June 25 th , 2009

2009 Annual Members Conference Boston Seaport Hotel 200 Seaport Blvd Boston, MA 02210 June 25 th , 2009. Our Conference Topic :. Fleet Best Practices for DOT Compliance. My Job Today….

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2009 Annual Members Conference Boston Seaport Hotel 200 Seaport Blvd Boston, MA 02210 June 25 th , 2009

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  1. 2009 Annual Members Conference Boston Seaport Hotel 200 Seaport BlvdBoston, MA 02210 June 25th, 2009

  2. Our Conference Topic: Fleet Best Practices for DOT Compliance

  3. My Job Today… Share My Experience and Knowledge To Provide Advice, Direction And Information To Help DDLA Members Through The DOT/FMCSA/State Regulatory Compliance Maze.

  4. Some Meeting Rules…. • Cell Phones On “ STUN ” Or OFF. • Slow Me Down If You Require Clarification Or Need To Take Some Notes. • BUT PLEASE HOLD ON TO YOUR QUESTIONS. • I Will Happily Answer Them Individually After My Session. • “Sidebars” To A Minimum, As Well. • If “nature” calls, feel free to answer it.

  5. The FMCSR’s Federal Motor Carrier Safety Regulations LABELMASTER Management Edition- April 2009 Edition

  6. Regulations covering ALL CMV’S greater than 10,001 lbs. GVRW and their drivers: • 385 Safety Fitness Procedures (Rules for CR’s & NESA’s) page 281 • 387Financial Responsibility page331 • 390 FMCSR’s; General (Definitions) page 355 • 391 Qualifications of Drivers (DQF’s) page 377 • 392 Driving of Commercial Motor Vehicles (DON’T’s) page 414 • 393 Parts and Accessories Necessary for Safe Operation page 423 • 395 Hours of Service of Drivers page 497 • 396 Inspection, Repair, and Maintenance page 524 Regulations covering drivers with CDL’s(vehicles and their combinations with GVRW’s greater than 26,001 lbs.): • 40 Drug and Alcohol Regulationspage 1 • 380Special Training Requirements(New CDL holders, LCV’s)page199 • 382 Controlled Substances and Alcohol Use and Testing page213 • 383 Commercial Driver’s License Standards page239 • 397 Hazardous Materials( Driving & Parking Rules) page534 The states in which you operate in may have different rules, and may, in some cases, have requirements that are less than/or greater than the federal minimum requirements.

  7. Fleet Best Practice#1 • If Your Policy Is To Live By The Minimum Standards In The FMCSR’s, You Leave No Room For Error, Mistake Or Oversight.

  8. Policies • Safety Policy Statement • Hiring Process • Orientation And Training • Drug And Alcohol • Employee Attitudes • Customer Relations • Dress Appearance • Hours Of Service • Vehicle Inspection • Driving Behavior • Collision Reporting • Safe Driver Programs ABC Transport Driver & Fleet Policy THIS IS JUST A START

  9. Building A Fleet Policy FMCSR 390.3(d) Nothing in Subchapter B of this chapter shall be construed to prohibit an employer from requiring and enforcing more stringent requirements relating to safety of operation and employee safety and health. ABC Transport Driver & Fleet Policy

  10. An Example FMCSR 391.15 (b)(2) Disqualification of Drivers A driver who receives a notice that his/her license, permit, or privilege to operate a commercial motor vehicle has been revoked, suspended, or withdrawn shall notify the motor carrier that employs him/her of the contents of the noticebefore the end of the business day following the day the driver received it. It Is The Policy Of ABC Transport That All Drivers Must Immediately Report All Civil And Criminal Actions And/Or Arrests That May Affect Their Availability Or Ability To Do Their Job. ABC Transport Driver & Fleet Policy

  11. Fleet Best Practice #2 • High Standards = High Performance • If You Don’t Have A Comprehensive Driver Or Fleet Operations Policy In Place, START NOW. • Your Policies Should Reflect Your Company’s Visions, Values, And Expectations. • Having Solid Driver And Fleet Operations Policies Is Seen As A BIG PLUS By Commercial Law Enforcement. • Make Sure Your Policy Is Meaningful And Has Some TEETH.

  12. This Morning’s Agenda • Using SAFER And SafeStatTo Manage Your Fleet and Driver Safety Processes. • Look At Key FMCSR Regulations To Remember. • ReviewFMCSA /DOT Regulatory Changes and Proposed Initiatives • Offer Up Some Fleet Best Practices.

  13. THE GOVERNMENT IS ALWAYS WATCHING ! • SAFERis updated weekly. • Website is : www.safersys.org • SAFER reports your MCS-150 information. • SAFERtracks and reports all driver, vehicle and hazmat roadside inspectionand DOT recordable accident totals.

  14. MCS-150

  15. MCS-150 • YourMCS-150reports to the FMCSA the size, scope, and nature of your motor carrier operations. • It also sets the statistical parameters under which your safety fitness will be judged. Key elements are the: • Number of drivers (full time, part time, casual) you employ. • Number of trucks ( CMV’s/ Power Units) you operate. • Miles traveled by those drivers and trucks in the past calendar year. • MCS-150 information must be updated every two years. • Or, when your operation undergoes a significant or SEASONALchange.

  16. MCS-150 • The next to last digit of your DOT number indicates the YEARyou need to update your MCS-150. • Even numbers (DOT # 1572687) update in even years. • Odd numbers (DOT # 268592) update in odd years. • The last digit in your DOT number indicates theMONTHin which your MCS-150 needs to be updated. • DOT # 824520 update was dueOctober 2008. • DOT# 616814 update was due April 2009. Your MCS 150 can be updated via the internet or by mail

  17. Needed If You Are A Motor Carrier for Hire Required For Interstate Commerce 327574

  18. 1 2 3

  19. MCS-150’s &PIN Numbers • To update your MCS-150, you need or should already have your PIN number. • If you don’t know your PIN number, call 1-800-832-5660 the FMCSA Office of Information Management. Your PIN number should be in the hands of the person overseeing fleet and driver compliance, not the HR Manager, Office Manager, or Company President.

  20. Each Crash Should Be Recorded On Your DOT Accident Register GOOD Satisfactory Unrated None Conditional Unsatisfactory BAD

  21. Fleet Best Practice #3 • If you have a CONDITIONAL or worsesafety rating status, clear it up AS SOON AS POSSIBLE. • Check Your SAFER Profile Every Tuesday. • Monitor Your Total Inspection Count . • For Every Increase In Your Inspection Count ,You Should Have Received From Your Drivers A Corresponding Roadside Inspection Report. • Get Worried When Your Driver, Vehicle, Or Hazmat Out Of Service Percentages EXCEEDThe National Average. • Reward Drivers For Bringing Back To You Roadside Inspection Reports W/O Violations.

  22. Critical ViolationsThat Could Sink You During an FMCSA Compliance Review Vehicle Out-of-Service Rate During An FMCSA Compliance Review, A Motor Carrier With A Vehicle OOS Rate Of 34% Or Higher Could End Up With A CONDITIONAL Safety Rating

  23. THE GOVERNMENT IS ALWAYS WATCHING ! • SafeStatis updated monthly. • Go to www.safersys.org, and go to the FMCSA Search column. • Double click on SafeStat Online. • SafeStatis a data driven analysis system. • SafeStat is used by law enforcementto selectroadside inspectionand compliance review targets.

  24. SafeStat SafeStat reports the safety performance of Every Motor Carrier in North America (Including Canada & Mexico) with a DOT Number. Data from the Last30 Months(2 ½ years)of a Motor Carriers Performance is Reported. Should any of your drivers be placed Out-of-Service for an Hours of Serviceor aTaillight violation TODAY, it would remain on your company’s SafeStat profile until December 25, 2012

  25. 327574 *********

  26. Scores > 150 can put you on the path to an FMCSA Compliance Review 104.31 25.00 63.04 0 16.27

  27. FMCSA COMPLIANCE REVIEW All SEA’S < 75 H for healthy

  28. GAO Suggests New CR Standards • The GAO is proposing that the FMCSA target a limited part of a motor carrier’s business, rather than the entire operation. • This should lead to a more frequent review process. • Under current guidelines, the FMCSA must review all aspects of a motor carriers operation during a compliance review. • Under the new proposal, deficiencies in one SEA area would be enough to trigger an FMCSA COMPLIANCE REVIEW

  29. More on this later….

  30. ACSEA • Accident Safety Evaluation Area • Records DOT recordable accidents • “Hearse, Nurse, Tow” • Your ACSEA is the most Heavily Weighted evaluation area in determining your SafeStat score. • ACSEA scores are DOUBLEDwhen determining your SafeStat score. • If an accident listed on your ACSEA, it should also be on your DOT accident register.

  31. DOT Recordable Accident Rate Calculator • # Number of DOT Recordable Accidents in the previous 365 days. • * Multiply by 1,000,000. • / Divide by the total miles operated in the previous 365 days. • = If the AR is > 1.5 , YOU WILL FAIL A COMPLIANCE REVIEW.

  32. How To “Earn” An FMCSA Compliance Review • CR’s can be initiated if a CMV is involved in a noteworthy incident. • Traffic Inconveniences • Rollovers • Hazmat Releases • Passenger Injuries • Fatalities

  33. FMCSR 382.303Post Accident Testing (CDL) Post accidents tests are always required in accidents involving: • A Fatality • Driver Citation (where the driver is given a ticket in conjunction with bodily injury or tow-away.) • A test for breathe alcohol must be done within 2 hours(8 hours with explanation) • A test for controlled substances test must be done within 32 hours.

  34. Fleet Best Practice #4 • In case of a DOT recordable accident establish and keep open a direct line of communication with your driver, and don’t let it lapse. • Be wary of driver’s who can’t be found after an accident. • Establish a relationship with a drug testing service provider who can arrange for around the clockdrug and alcohol testing outside of your home base of operation. • Have your drivers carry a blank chain of custody with them whenever they’re on the road.

  35. DRSEA • Driver Safety Evaluation Area • Records Driver Out Of Service (OOS) Violations • Driver Qualification Violations. • Driver Behavior Violations. • Hours Of Service Violations. • 2nd most Heavily Weighted area when determining your SafeStat score • DRSEA scores are multiplied 1.5 Times your actual score

  36. Drivers Who Are Placed Out Of Service Represent The Greatest Risk To Your Federal Safety Rating

  37. Fleet Best Practice #5 • Drivers involved in OUT OF SERVICE VIOLATIONS will ALWAYSbe the FIRST DRIVERS an FMCSA Safety Investigator focuses on during a compliance review. • ALWAYS be aware of who your “Least Best” are. • Keep their DQ files, hours of service records & supporting documentation, vehicle inspections,and drug testing records in review ready condition. • Consider Filing DVIR’s by driver, not equipment number.

  38. Impact of HOS Violations ViolationRANKAve. FineHigh Fine Failure to Complete a Record of Duty #2 $2,391 $25,080 Operating a CMV > 60/70 hrs. Week #5 $3,766 $20,000 Failure to Record a Record of Duty #9 $3,215 $13,020 Failure to Retain HOS Documents #14 $10,294 $65,250 Failure to Submit Logs Within 13 Days #16 $2,559 $7,410 > 11 hours driving/ < 10 hours rest #17 $3,459 $16,720

  39. Fleet Best Practice #6 • Establish, Document, And ENFORCE An Hours Of Service Violation Policy. • Establish Remedial Training Opportunities For Drivers Who Incur Hours Of Service Violations. • Audit, Verify, And Confirm The Veracity Of Your Drivers Logs. • During A Compliance Review, If 10% Of Your Driver Logs Are Found To Have An HOS Violation, It Will Result In A “Critical” Assessment And May Lead To Fines And Criminal Enforcement.

  40. VHSEA • Vehicle Safety Evaluation Area • Records vehicle out of service violations • VHSEA scores are not weighted. • The actual score is the actual value towards your SafeStat score but….. • A high % of out of service violations will count heavily against you during a FMCSA compliance review.

  41. Critical ViolationsThat Could Sink You During a Compliance Review • 396.11(a) – Failing to require driver to prepare driver vehicle inspection reports. • 396.17(a) – Using a commercial motor vehicle not periodically inspected.

  42. Fleet Best Practice #7 • Be Out And About When Your Drivers Begin Their Day And End Their Day. Your Drivers WILL Notice This. • Make Sure Your Drivers Are Doing Their Required Pre And Post Trips And Have A Discipline Policy In Place For Driver’s Who Slack Off. • Set “Traps” To Catch Lazy Drivers. Word Will Get Around When Your Drivers Notice You Expect Good Vehicle Inspections.

  43. Fleet Best Practice #8 • According To The ATRI,Speeding Violations Generate 30 To 40 % Of All Roadside Inspections Conducted By Commercial Law Enforcement. • Regularly Get Inside The Cab And Check Your Trucks For Devices Like “Faster Truck” And Radar Detectors (Illegal Under FMCSR 392.71) . • Think About Acquiring Telemetric Packages That Will Help You Remotely Track The Speed Of Your Trucks, Their Hard Breaking Events, And Their Idle Time.

  44. SMSEA • Safety Management Safety Evaluation Area • Scores the effectiveness of your safety and compliance management. • SMSEA will always be a ZERO until….. You have violation$that are uncovered during an FMCSA compliance review. • SMSEA scores are not weighted.

  45. 2007 Top 10 Acute Violations 382.115(a) Failing to implement an alcohol and/or drug testing program. 382.305(a) Failing to randomly test for drugs and/or alcohol. 172.800(b) Offering or transporting without a security plan conforming to subpart requirements. 387.7(a)Inadequate or no financial responsibility. 382.215 Using a driver who has tested positive for a drug. 383.37(a) Allowing driver to drive with suspended/revoked CDL. 390.35 Requiring, permitting or making false statements or records. 391.11(b)(4) Using a physically unqualified driver. 391.15(a) Driving a CMV while disqualified. 396.9(c)(2) Operating an out-of-service vehicle . Acute Violations Will Result In Fines And Enforcement

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