DOT Compliance An operator of commercial motor vehicles must comply with specific regulations. These regulations apply to all types of vehicles and operations. These regulations apply not only to interstate operations, but may include and intrastate operation if your home state accepted the federal regulations as state law. Massachusetts for instance accepted Title 49 Parts Parts 390–397 and Parts 171–179 in 1986 with some exemptions for intrastate operations. The federal regulations clearly state that it is the responsibility of the motor carrier to know the regulations and that they provide instruction to their drivers. If you make no attempt to be aware of compliance regulations, you are at risk of financial penalties in the event of a compliance audit conducted by the Federal Motor Carrier Safety Administration.
Capitol Motor Carrier Compliance is able to conduct a Mock Compliance Audit that will expose any deficiencies within your company. We will identify those areas and provide you with the tools to correct any areas of concern.
Drug & Alcohol Testing
In some industries drug & alcohol testing is at the discretion of the employer. But not in an operation that employs drivers who require a Commercial Driver’s License “CDL” and operates a company vehicle as a part of their job responsibilities. You are mandated to establish pre-employment and random drug & alcohol testing procedures. An operator of commercial vehicles that exceed 26,001 lbs. must obtain a negative test result for each driver, prior to the individual operating a commercial motor vehicle. Every CDL driver employed by your company must also be enrolled in a random drug & alcohol-testing program. Many operators of commercial motor vehicles are either unaware of this regulation or choose to ignore it due to the financial obligations associated with it. Employing a driver who is under the influence of alcohol or controlled substances, or has a history of substance abuse is a time bomb waiting to go off. Costs associated with a driver who is responsible for a crash while operating a commercial motor vehicle while under the influence of alcohol or a controlled substance is impossible to forecast. They are likely to put some companies out of business and severely impact everyone associated with the company found to be the responsible party.
We will work with you to ensure that all records are complete and your company is in compliance and protected.
Hours of Service
Federal regulations clearly state how long a company can allow a driver to operate a commercial motor vehicle. A company that allows a fatigued driver to operate a vehicle puts everyone at risk. Drivers require proper rest to maintain alertness and be ready to react quickly in the event of an emergency.
Capitol Motor Carrier Compliance will review your records to ensure that you meet or exceed this section of the regulations. In some cases companies can take an exemption that allows them to simplify the documents maintained to show compliance with Hours of Service.
Driver Qualification Files
Companies must maintain a driver qualification file for each person who operates a commercial motor vehicle. This section also includes management and maintenance personnel if they operate vehicles over 10,000 pounds. Some of these documents require yearly updates to ensure compliance with the regulations. This file must include a copy of the operator’s license, medical certification, driving record, and annual certification of violations, information from previous employers, and several other documents.
By conducting an investigation into a potential driver’s background you will protect yourself from hiring someone else’s problem driver. We will review each driver file to help you ascertain whether you are employing drivers that will not expose you to unnecessary risk.
Vehicle Inspection and Record Retention
Your drivers are on the front line for identifying a potential defect that can result in preventable roadside violations, or unnecessary downtime resulting from breakdowns. One way to prevent this id to be sure your drivers perform their regulated daily pre and post-trip inspections on each vehicle they operate. There are also specific requirements on how these reports are to be completed and maintained by the company. A vehicle, which is not being inspected by the driver on a daily basis, puts your company at risk. Your driver can put your company at greater risk of roadside violations and preventing the maintenance department from making a needed repair before it causes a breakdown.
We will review your inspection program and documents to be sure that you are in compliance and protected from unknowingly allowing a vehicle to be operated that may put you or others at risk.
Driver Records and Accidents
Hiring the most qualified driver possible is important to any company. Statistics show that drivers with past moving violations are more likely to receive moving violations in a commercial vehicle. This information proves true for collisions as well. A driver, who has been involved in collisions in the past, will most likely put your company at risk in the future. Federal Motor Carrier Safety Administration regulations mandate comprehensive background checks for drivers of vehicles over 26,000 pounds. These checks are your company’s opportunity to get off on the right step and make an investment in your own operation.
Buy conducting a proper background you protect your company from hiring someone else’s problem driver. We will work with you to establish the best possible hiring practices that will help reduce risk and attract the most qualified drivers.
Post Accident Drug tests and Registers
In the event of a collision Federal Motor Carrier Safety Administration regulations are clear regarding information that must be maintained and accessible for inspection. In some instances Post Accident Drug and Alcohol Testing must be performed, and the results must be properly documented and maintained.
We will review any incidents to be sure that your company is in compliance with the regulations regarding this section.
Federal Motor Carrier Safety Administration “CSA” Program
December 12, 2010 marked a new direction in commercial vehicle safety and compliance. The Federal Motor Carrier Safety Administration’s “CSA 2010” program began and changed how commercial vehicle operations will be monitored. The goal of CSA is to reduce crashes, by using data compiled about your company from roadside inspections and violations. This broadens interventions conducted by the Federal Motor Carrier Safety Administration because it allows them to focus on carriers in need of operational improvements in the specific BASIC area. Therefore this program will reach more carriers alert them to safety problems so that they may correct them before crashes occur. Based on the risk posed by the carrier, the interventions may increase in severity and degree of interaction. “CSA” captures all on-road safety performance data (all safety-based roadside violations and crash data) and classifies it into seven specific categories of carrier/driver behavior, called Behavior Analysis and Safety Improvement Categories (BASICs) they are;
Information contained in your company’s BASIC’s is important and may be used in different ways. Some insurance companies use it as a part of their underwriting process. A DOT inspector may use it to determine how extensive a roadside inspection will be. An attorney may use it on behalf of a plaintiff in court to show a pattern of non-compliance with federal regulations and result in costly damage awards. Capitol Motor Carrier Compliance will utilize the Federal Motor Carrier Safety Administration’s “CSA” system as a roadmap to success because it tells a story about your operation. The question is how the story ends and that depends how the person reading the information acts on it. By targeting the violations contained in the BASIC’s it allows you to focus on specific areas in need of improvement. The Federal Motor Carrier Safety Administration “CSA” program shows where we will focus our attention.
By reviewing driver and maintenance operations we are able to properly train employees regarding their responsibility and create clearly written policies to inform them of the company’s goals and commitment to operating safe vehicles at all times.
Written Policies
Every effective compliance program starts with clear written policies which inform drivers of the company’s expectations and their responsibilities. Capitol Motor Carrier Compliance will assist clients in establishing policies such as;
We will your company create policies that will communicate your company’s goals, objectives expectations and how your employees can make a difference in protect your company from unnecessary liability.
