Trucking Compliance from Transportation Safety Consultants
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The requirements for checking a driver applicantâs employment history are stated in391.23 and require the prospective employer to be thorough in their investigation. DOT regulated employers must request their driver applicantâs Safety Performance History (SPH) information from all previous employers for whom the applicant operated a commercial motor vehicle (CMV) within the previous three years.
To begin, a CMV is defined in 390.5 as a vehicle used in interstate commerce that weighs 10,001 pounds or more (definition also includes passenger and hazardous materials components). The request for the SPH information may consist of personal interviews, telephone interviews, letters, faxes, emails, or any other method for obtaining the information.Â
The prospective employer has 30 days from the start of the driverâs employment to obtain this required information and must place the received information in the Driver Investigation History file.
MVR (driving records)- Each motor carrier shall, at least once every 12 months, make an inquiry to obtain the motor vehicle record of each driver it employs, covering at least the preceding 12 months, to the appropriate agency of every State in which the driver held a commercial motor vehicle operator's license or permit during the time period.
Annual Reviews - A copy of the motor vehicle record shall be maintained in the driver's qualification file. The motor carrier must consider the driver's accident record and any evidence that the driver has violated laws governing the operation of motor vehicles, and must give great weight to violations, such as speeding, reckless driving, and operating while under the influence of alcohol or drugs, that indicate that the driver has exhibited a disregard for the safety of the public.
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Accident Register- For accidents that occur after April 29, 2003, motor carriers must maintain an accident register for three years after the date of each accident. For accidents that occurred on or prior to April 29, 2003, motor carriers must maintain an accident register for a period of one year after the date of each accident. Information placed in the accident register must contain at least the following:
- City or town, or most near, where the accident occurred and the State where the accident occurred.
- Whether hazardous materials, other than fuel spilled from the fuel tanks of motor vehicle involved in the accident, were released.
- Copies of all accident reports required by State or other governmental entities or insurers.
Roadside Inspection Tracking- The Federal Motor Carrier Safety Administration (FMCSA) recommends that all motor carriers periodically verify the accuracy of their Safety Measurement System data. FMCSA has introduced a new system, DataQs, for filing concerns about federal and state data released to the public. Motor carriers may challenge crash, inspection, or moving violation information and compliance review or enforcement information.
Training Recordkeeping-Each motor carrier shall maintain a driver qualification file for each driver it employs. A driver's qualification file may be combined with his/her personnel file. The qualification file for a driver must include:
- The driver's application for employment completed in accordance with 391.21;
- A copy of the motor vehicle record received from each State pursuant to 391.23(a)(1);
- The certificate of driver's road test issued to the driver pursuant to 391.31(e), or a copy of the license or certificate which the motor carrier accepted as equivalent to the driver's road test pursuant to 391.33;
- The motor vehicle record received from each State driver licensing agency to the annual driver record inquiry required by 391.25(a);
- A note relating to the annual review of the driver's driving record as required by 391.25(c)(2);
- A list or certificate relating to violations of motor vehicle laws and ordinances required by 391.27;
- The medical examiner's certificate as required by 391.43(g) or a legible copy of the certificate.
Log Reviews- Drivers logs are audited and a log violation sheet is submitted to the carrier to be placed in the drivers file. This reduce the roadside violations and allows the company to monitor its drivers.
Motor Carrier Safety Audit- If you were audited by the FMCSA would you know where your operation stands? DOT Trooper Consulting, LLC. Will guide you through the audit process. We will represent you in the actual audit and assist you until all appeals have been exhausted.
NOTE: Under its CSA initiative, the FMCSA is currently in the process of overhauling its regulations for determining a motor carrier's safety fitness. Until those rules change, the agency will continue to rate carriers based on its current compliance and enforcement process, even in the states that are undergoing pilot testing for CSA.
Â Safety Classes- Training programs can be customized to meet your fleet operations needs. Topics cover a wide variety of topics related to running a successful and compliant fleet. Lessons for the United States and Canada, in English as well as Spanish.
Contact DOT Trooper Consulting to speak with one of our transportation safety consultants today.