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Wayne's Tip's 

A New NTA Tip Every Monday

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All Posts

44.0 Wayne's Tips - HazMat Training - 172.704: Training Requirements

01/21/2019
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This section outlines required training in the following areas:

(1)   General awareness/familiarization training

(2)   Function-specific training

(3)   Safety training

(4)   Security awareness training

(5) &nbs... Read More


43.0 Wayne's Tips - 392.8 Emergency Equipment, Inspection and Use.

01/14/2019
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Required Emergency Equipment

No commercial motor vehicle shall be driven unless the driver thereof is satisfied that the emergency equipment required by 393.95 of this subchapter is in place and ready for use; nor shall any driver fail to use or make ... Read More


42.0 Wayne's Tips - 395.3(a)(3)(ii) 8 Hour HOS Break Required

01/07/2019
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Driving is not permitted if more than 8 hours have passed since the end of the driver’s last off-duty or sleeper-berth period of at least 30 minutes.

Apart from form and manner violations, this is one the most cited HOS violations. This isn&rsqu... Read More


41.0 Wayne's Tips - 395.8(k)(1) Driver’s Record of Duty Status

12/31/2018
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RODS Recordkeeping Requirements

A motor carrier shall retain records of duty status and supporting documents required under this part for each of its drivers for a period of not less than 6 months from the date of receipt.

Failing to preserve records o... Read More


40.0 Wayne's Tips - 383.37(b) Only 1 CDL per Driver

12/24/2018
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Knowingly allowing, requiring, permitting, or authorizing an employee with more than one CDL to operate a commercial motor vehicle.

The FMCSA regulations are very clear that a commercial driver can only hold 1 CDL at a time. Additionally, once a drive... Read More


39.0 Wayne's Tips - No Testing Program? Big Problems!

12/18/2018
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382.115(a) Starting Date for Testing Programs

Failing to implement an alcohol and/or controlled substances testing program is one of the most often cited acute violations for motor carriers.

Not having a fully compliant drug and alcohol testing program... Read More


38.0 Wayne's Tips - 393.9TS Inoperative Turn Signal. Lights Out, Out of Service

11/26/2018
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by

Lights are important but there is only one light that if it is burned out or doesn’t work will put you OUT OF SERVICE. The rear most turn signal in a trailer or a truck. No other single light being out cases you to be shut down.

 


37.0 Wayne's Tips - 382.601(b)(11) Drug & Alcohol Driver Training Materials

11/19/2018
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FMCSR mandates that all employees be provided with training material discussing the effects of alcohol and controlled substance use on an individual’s health, work, and personal life. 
 
Providing appropriate alcohol and controlled subs... Read More

36.0 Wayne's Tips - 391.25(b)(2) Annual Driver Reviews - Annual Inquiry and Review of Driving Record.

11/12/2018
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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 operati... Read More


35.0 Wayne's Tips - 392.33 Obscured Lamps or Reflective Devices/Material.

10/29/2018
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 392.33 Obscured Lamps or Reflective Devices/Material.

(a) No Commercial motor vehicle shall be driven when any of the lamps or reflective devices/material required by subpart B of part 393 of this title are obscured by the tailboard, or by any p... Read More


34.0 Wayne's Tips - Successful Data Q Challenges

10/22/2018
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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


33.0 Wayne's Tips - 393.95(b) Emergency Equipment on All Power Units. Spare Fuses Required

10/15/2018
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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


32.0 Wayne's Tips - 396.11(a)92): Driver Vehicle Inspection Report(s) DVIR Requirements

10/08/2018
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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


31.0 Wayne's Tips - 383.37 Employer responsibilities. CDL Licensing Status

10/01/2018
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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


30.0 Wayne's Tips - 392.16 Use of Seat Belts. Always Buckle Up!

09/24/2018
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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


29.0 Wayne's Tips - 392.6 Schedules to conform with speed limits. Dispatchers Beware!

09/17/2018
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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


28.0 Wayne's Tips - 382.307: Reasonable Suspicion Testing

08/27/2018
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(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


27.0 Wayne's Tips - Implement A Drug & Alcohol Testing Program!

08/20/2018
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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


26.0 Wayne's Tips - Lamps: The Gateway Violation!

08/13/2018
with 0 Comments
by

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


25.0 Wayne's Tips - Filling Up? Write It Up! Part 395.2 Hours of Service of Drivers

08/06/2018
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by

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


24.0 Wayne's Tips - Every Truck is a Drug Free Workplace!

07/30/2018
with 0 Comments
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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


23.0 Wayne's Tips - DQFs and Personnel Files: Keep ’em Separated!

07/23/2018
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by

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


22.0 Wayne's Tips - Part 395.8(k)(1) Record of Duty Status Retention

07/16/2018
with 0 Comments
by

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

21.0 Wayne's Tips - 382.305 (2): Random Testing

07/09/2018
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by

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


20.0 Wayne's Tips - Printed Screenshots of Med Cert Info is OK!

07/02/2018
with 0 Comments
by

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


19.0 Wayne's Tips - HMR; 49 CFR Parts 171-180

06/25/2018
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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


18.0 Wayne's Tips - Don’t Violate HIPPA!!

06/18/2018
with 0 Comments
by

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


17.0 Wayne's Tips - 49 CFR 396.17 Annual Inspections

06/11/2018
with 0 Comments
by

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


16.0 Wayne's Tips - 391.11 General Qualification of Drivers

06/04/2018
with 0 Comments
by

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


15.0 Wayne's Tips 391.25 Motor Vehicle Review

05/28/2018
with 0 Comments
by

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


14.0 Wayne's Tips - 393.47 Brake Actuators, Slack Adjusters and etc

05/21/2018
with 0 Comments
by

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


13. Wayne's Tips - 396.9 After A Roadside Inspection

05/14/2018
with 0 Comments
by

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


12. Wayne's Tips: Emergency Signals; Stopped Commercial Motor Vehicle!

05/07/2018
with 0 Comments
by

 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


11. On Duty Time

04/16/2018
with 0 Comments
by

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


10. Background Investigations & Inquiries

04/09/2018
with 0 Comments
by

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


9. Lamps: The Gateway Violation!

04/02/2018
with 0 Comments
by

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


8. No Texting or Use of Handheld Mobile Phones

03/26/2018
with 0 Comments
by

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


7. FMCSA Regulation Guidance Revision Prioritization 052516

03/19/2018
with 0 Comments
by

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


6. 390.3 : FMCSR General Applicability

03/12/2018
with 0 Comments
by

(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


5. Keep All Accident Records for 3 years

03/05/2018
with 0 Comments
by

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


4. Checking Cargo

02/26/2018
with 0 Comments
by

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


3. Importance of Accurate VMT Info

02/19/2018
with 0 Comments
by Wayne's Tips

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


2. Electronic Record Retention §390.31

02/12/2018
with 0 Comments
by Wayne's Tips

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


1. An Annual MVR isn’t Enough

02/05/2018
with 5 Comments
by Wayne's Tips

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



 


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