Federal Motor Carrier Safety

Federal Motor Carrier Safety Regulations, U. S. Department of Transportation Federal Highway Administration, Washington, DC, 1992. 

Federal Motor Carrier Safety Administration. Large Truck Crash Facts. FMCSA-Ri-02-003, 2002 34, 29. 

Balkin T, Thome D, Sing H, Thomas M, Redmond D, Wesensten N, Williams J, Hall S, Belenky G. Effects of sleep schedules on commercial motor vehicle driver performance. Department of Transportation Federal Motor Carrier Safety Administration, Washington. Technical Report DOT-MC-OO-133. 2000. 

Federal Motor Carrier Safety Administration. Effects of Sleep Schedules on Commercial Motor Vehicle Driver Performance. Report No. DOT-MC-00-133. 2000. 

The difference between the crash rates per mile in the first two reports is due to the use of a bounding rate (using general data) in the first report and a carrier-specific rate in the second report. The third report derived a truck crash rate per billion ton-miles, based on Federal Motor Carrier Safety Administration data for the number of commercial vehicle hazmat crashes divided by the number of commercial vehicle ton-miles. The commercial vehicle accident rate per ton-mile value was multiplied first by 0.59 and then by 0.013 to account for the number of ton-miles for for-hire commercial vehicles and for Class 6 poisons, respectively. These adjustments to the accident rate are inappropriate without consideration of the corresponding hazmat crashes, for which no data were used. The total accident scenario probabilities may be conservative (too high), however, when the probabilities of fire occurring, impact forces sufficiently high, etc. are considered. These probabilities do not appear to have been addressed, and the committee did not review the reports at that level of detail. 

Road Transport—Federal Motor Carrier Safety Administration (FMCSA)... 

The Pipeline and Hazardous Materials Safety Administration (PHMSA), a part of the U.S. Department of Transportation (U.S. DOT), is responsible for the safe and secure movement of hazardous materials by all transportation modes. The primary office within PHMSA responsible for transportation safety and security is the Office of Hazardous Materials Safety. In addition to PHMSA, the Federal Railroad Administration and the Federal Motor Carrier Safety Administration within U.S. DOT are involved in transportation safety and security. 

The number of regulations motor carriers and their employees must follow can be mind-boggling. Compliance with the Federal Motor Carrier Safety Regulations (FMCSRs) alone ranges from employee drug and alcohol testing to vehicle inspection and maintenance. 

The Transportation Safety Answer Manual is designed to help you answer your regulatory and safety questions. It covers over 160 critical transportation safety topics, including those areas regulated by the Federal Motor Carrier Safety Administration, Pipeline and Hazardous Materials Safety Administration, and Occupational Safety and Health Administration. This manual is designed as an easy-to-read and understand source for both the beginner and seasoned professional. 

A BAT-qualified immediate supervisor may not act as the BAT when one of his/her employees is being tested, unless no other BAT or STT is available. However, for reasonable suspicion testing, Federal Motor Carrier Safety Administration (FMCSA) regulations do not allow a person who makes a reasonable suspicion determination to conduct the alcohol test. 

Employers may pool interstate and intrastate drivers together for random testing. The pool may not include employees not subject to DOT testing rules. If a driver works for two or more employers subject to Federal Motor Carrier Safety Adrninistration (FMCSA) or DOT regulations he/she must be in aU of the employers random testing pools. 

The regulations do not give the employer authority to take any action, other than stated above, against a driver based solely on the driver s behavior and appearance with no test result. However, the employer may take other action independent of Federal Motor Carrier Safety Administration (FMCSA) regulatory authority. 

Location of Records — The Federal Motor Carrier Safety Administration (FMCSA) is requiring all documents to be maintained in accordance with 390.29, which sets forth requirements for copies and long-term storage of documents. 

Medical Variance Restriction — If a driver has been issued a medical variance from the Federal Motor Carrier Safety Administration (FMCSA), the state must indicate this on the driver s Commercial Driver License Information System (CDLIS) driver record and CDL. A restriction code of V will be placed on the CDL. 

Excepted Interstate — He/she must certify that he/she drives or expects to drive in interstate commerce, but is only involved in transportation or operations excepted under 390.3(f), 391.2, 391.68, or 398.3 of the Federal Motor Carrier Safety Regulations (FMCSRs), and is not required to get a medical examiner s certificate. 

The legal name or a single trade name of the motor carrier operating the CMV, as hsted on the Motor Carrier Identification Report (Form MCS-150) that is submitted with the Federal Motor Carrier Safety Administration (FMCSA) ... 

Regulations to establish compliance with the Federal Motor Carrier Safety Regulations. 

Only the state or Federal Motor Carrier Safety Administration has the authority to take an oflScial disqualification action against a driver. However, a conviction for a disqualif3nng offense automatically disqualifies a driver from driving for the period specified in the regulations. 

At least once every 12 months, the motor carrier must review the motor vehicle record of each driver, including compliance with the Federal Motor Carrier Safety Regulations and the Hazardous Materials Regulations. 

Certifies that the driver is fuUy qualified to drive a commercial motor vehicle under the rules of Part 391 of the Federal Motor Carrier Safety Regulations ... 

A prospective employer should report the failure of a previous employer to respond to an investigation to the Federal Motor Carrier Safety Administration (FMCSA) according to 386.12. A copy of the report should be maintained in the driver investigation file as part of the good faith effort to obtain the required information. 

The medical exam must be performed by a medical examiner that is certified by the Federal Motor Carrier Safety Administration (FMCSA) and listed on the National Registry of Certified Medical Examiners. 

The certificate must be made available for inspection at the employer s principal place of business within two business days after a request has been made by an authorized Federal Motor Carrier Safety Administration representative. 

Regulations that govern procedures in proceedings to determine whether a motor carrier, property broker or freight forwarder, its agent, employee, or any other person subject to the jurisdiction of the Federal Motor Carrier Safety Administration (FMCSA) has comphed with all regulations. If noncompliance has been determined, actions must be taken to ensure future compliance with the statute or regrdation, assess a civil penalty, or both. 

A person subject to 49 U.S.C. chapter 51 or a motor carrier, broker, freight fonwarder, or owner or operator of a CMV subject to part B of subtitle VI of title 49 U.S.C. who fails to allow promptly, upon demand in person or in writing, the Federal Motor Carrier Safety Administration, an employee designated by the Federal Motor Carrier Safety Administration, or an employee of a MCSAP grant recipient to inspect and copy any record or inspect and examine equipment, lands, buildings, and other property, in accordance with 49 U.S.C. 504(c), 5121(c), and 14122(b). 

A motor carrier who has been notified that a driver has been declared out of service must complete the Motor Carrier Certification of Action Taken portion of the form MCS-63 (Driver-Vehicle Examination Report). This form must be submitted to the Division Administrator or State Director, Federal Motor Carrier Safety Administration within 15 days following the day the driver was declared out of service. 

A roadability review is an on-site examination of an intermodal equipment provider s (lEP) compliance with the applicable Federal Motor Carrier Safety Regulations (FMCSRs). This includes compliance with Parts 390, 393, and 396. 

CFR 390 — Federal Motor Carrier Safety Regulations General 49 CFR 393 — Parts and Accessories Necessaiy for Safe Operation 49 CFR 396 — Inspection, Repair, and Maintenance... 

Provide evidence of successful completion of the Driver-Training Program requirements in Part 380, Subpart B, when requested by employers and/or an authorized Federal Motor Carrier Safety Administration (FMCSA), state, or local official as part of a compliance review (The program must be for the operation of commercial motor vehicles (CMVs) representative of the subject matter he/she will teach.) ... 

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