Successful Data Q Challenges

For a general DataQ challenge you need to look up the actual violation cited and read that section.

If it is an OOS violation, you NEED the OOS book as this is not in the regular DOT book.

Can you factually challenge what th... Read More

Spare Fuses Required

393.95(b) Emergency Equipment on All Power Units.

Make sure you carry spare fuses!

Under 393.95(b), any power unit must carry at least one extra fuse on board for any required part or accessory that utilizes fuses, such as windshiel... Read More

DVIR Requirements

396.11(a)92): Driver Vehicle Inspection Report(s)

Drivers are relieved of the requirement of filling out a Daily Vehicle Inspection Report (DVIR) at the end of the day if no defects were found.

As an industry “Best Practice&rdquo... Read More

CDL Licensing Status

383.37 Employer responsibilities.

No employer may allow, require, permit, or authorize a driver to operate a CMV in the United States if he or she knows or should reasonably know that any of the following circumstances exist:

CDL is... Read More

Always Buckle Up!

392.16 Use of Seat Belts.

No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, that has a seat belt assembly installed at the driver’... Read More

Dispatchers Beware!

392.6 Schedules to conform with speed limits.

No motor carriers shall schedule a run nor permit nor require the operation of any commercial motor vehicle between points in such period of time as would necessitate the commercial moto... Read More

(c) The required observations for alcohol and/or controlled substances reasonable suspicion testing shall be made by a supervisor or company official who is trained in accordance with 382.603.

Only a trained supervisor can make the call on a “re... Read More

382.601 (a): Alcohol Misuse and Controlled Substance Use Info, Training…

Each employer shall provide educational materials that explain the requirements of this part and the employer’s policies and procedures…

Failure to implement a... Read More

393.8 (a): Lamps, Reflective Devices and Electrical…

All lamps required by this subpart shall be capable of being operated at all times…

Don’t give inspectors and law enforcement an easy way to target your fleet for inspections!

Alwa... Read More

Under 395.2, On-Duty time means… (2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;

If a Commercial Vehicle Operator exits the truck to pump gas (even on their day off and even if less than 15 minutes)... Read More

382.601 (a): Alcohol Misuse and Controlled Substance Use Info, Training…

Each employer shall provide educational materials that explain the requirements of this part and the employer’s policies and procedures…

EVERY motor carrier mu... Read More

Even though the FMCSRs allow for Driver Qualification Files(DQF), Personnel Files, and Medical Files  to reside together, keep them in separate files from one another!

This will make it easier for you to determine if any needed info is missing fr... Read More

Part 395.8(k)(1) Record of Duty Status Retention

Under 395.8(k)(1), carriers must retain records that show:

• The time that a driver reports for duty each day.
• The total number of hours on duty each day.
• The time that the driver is released from duty each ... Read More

The FMCSRs require that owner-operators join a drug and alcohol testing consortium. They also strongly recommend them for other fleets.

However, 382.305(2) makes it very clear that you are still responsible for ensuring compliance with the regulations... Read More

49 CFR 391.51 General Requirement for Driver Qualification Files.

In 2016, FMCSA Enforcement Administrator William Quade advised in a letter to the ATA: “In reviewing a driver’s qualification file, FMCSA will accept a screenshot from an of... Read More

HMR; 49 CFR Parts 171-180

Current U.S. DOT regulations require initial and recurrent training of all employees who perform work functions covered by the HazMat Regulations. Any employee whose work directly affects hazardous materials transportation sa... Read More

Don’t Violate HIPPA!!

Don’t retain any personally identifiable health information in your Driver Qualifications Files of your Commercial Vehicle Operations (CVOs) outside of what is required under the medical certificate guidelines.

Keep th... Read More

49 CFR 396.17 Annual Inspections

Be sure that every vehicle (truck, tractor, and trailer) in your fleet has been inspected by a qualified inspector within the last 12 months.

EVERYTHING MUST WORK!

Ensure that every inspected unit has a clearly displayed... Read More

391.11 General Qualification of Drivers

(a) A person shall not drive a commercial motor vehicle unless he/she is qualified to drive a commercial motor vehicle. Except as provided in §391.63, a motor carrier shall not require or permit a person to... Read More

391.25 Motor Vehicle Review

391.25 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 Sta... Read More

393.47 Brake Actuators, Slack Adjusters and etc

Law enforcement officers around the country will target “loose or missing parts, air or hydraulic fluid leaks, worn linings, pads, drums or rotors, and other faulty break system components”.

V... Read More

396.9 After A Roadside Inspection

After an inspection of a commercial vehicle is completed, the driver must deliver a copy of the inspection report to their company upon arrival at the next terminal or facility. If the driver isn’t scheduled to ... Read More

 Emergency Signals; Stopped Commercial Motor Vehicle!

Part 392.22-392.24

Stalled in the street or stopped on the shoulder? A Commercial Vehicle Operator must immediately turn on all hazard lights and place their bidirectional reflective safety tri... Read More

Part 395.2 On Duty Time

Under 395.2, a driver is considered to be “On-Duty” time includes all time that a driver is working for a motor carrier, whether compensated or not!

Be sure to have all time in service captured correctly for logging ... Read More

391.23 (m) (1) Background Investigations & Inquiries

The motor carrier must obtain an original or copy of the medical examiner’s certificate…AND verify the driver was certified by a medical examiner listed on the National Registry of ... Read More

Lamps: The Gateway Violation!

393.8 (a): Lamps, Reflective Devices and Electrical...

All lamps required by this subpart shall be capable of being operated at all times…

Don’t give inspectors and law enforcement probable cause to stop you an... Read More

No Texting or Use of Handheld Mobile Phones

Part 392.80 & 392.82

We all know the temptation, but your Commercial Vehicle Operators must resist! A single violation of this regulation will cost the CVO up to $2,750 and their company may also be... Read More

Under the recently released FMCSA notice, motor carriers will now be considered “High Risk” if their Basic scores are at or above the 90^th percentile for two consecutive months in 2 or more of these BASICs: Unsafe Driving, Crash Indicator... Read More

(e)(1) Every employer shall be knowledgeable of and comply with all regulations contained in this subchapter that are applicable to that motor carrier's operations.

(e)(2) Every driver and employee shall be instructed regarding, and shall comply w... Read More

Keep All Accident Records for 3 years

390.15: Assistance in Investigations and Special Studies.

(b) …motor carriers must maintain an accident register for three years after the date of each accident.

You must also retain:

(2) Copies of all acciden... Read More

Checking Cargo

Part 392.3

Checking Cargo securement is both a clever idea & the law!

Unless the load is sealed, a driver must inspect the cargo: Within the first 50 miles of the trip (392.3 (b)(2), at every change of duty status AND every 3 hours or... Read More

Importance of Accurate VMT Info

VMT (Vehicle Miles Traveled) is an important part of the information gathered on the MCS-150 information sheet that motor carriers are required to update every 2 years. Based on the last two digits of your US DOT number... Read More

Electronic Record Retention §390.31

§390.31 allows for records to be maintained electronically rather than kept in paper form. Moving your records to a cloud based electronic platform has never been easier or more cost effective. Plus, the a... Read More

An Annual MVR isn’t Enough

391.27: Record of Violations.

Each motor carrier shall, at least once every 12 months, require each driver it employs or utilizes to prepare and furnish it with a list of all violations of motor vehicle traffic laws and... Read More