Motor Fleet Safety Basics:
Training for the Safety Supervisor
Unit 3: DOT/OSHA Recordkeeping Issues and
Requirements
Unit 3 Objectives
• Identify the government agencies and regulations that
are relevant to your job as a fleet safety supervisor
• Identify record-keeping requirements for the sections of
the Canadian Provincial, Federal, Workers’
Compensation, and USDOT requirements discussed in
class
• Audit sample hours of service logbooks and identify
required supporting documentation
• Identify errors and/or violations in driver qualification
files
• Correctly complete an Accident Register
NATMI © 2014
Federal Agencies that Regulate Motor Carriers
• Transport Canada
• Human Resources and Skills Development Canada (HRSDC)
• Canada Labour Code (CLC) Part II Employment Equity Canada
• Natural Resources Canada
• Citizenship and Immigration Canada (CIC)
• US Department of Transportation
• Federal Motor Carrier Safety Administration (FMCSA)
© 2013 North American
Transportation Management Institute
- CA
3
Federal & Provincial Status in Canada
• Canada consists of ten provinces and three territories. The
major difference between a Canadian province and a Canadian
territory:
• Canadian Province is a creation of the Constitution Act.
• Canadian Territory is created by federal law.
• The federal government has more direct control over the
territories, while provincial governments have many more
competencies and rights.
© 2013 North American
Transportation Management Institute
- CA
4
Highway Traffic Safety Act
National Safety Code
• Standard 1 - Single Driver License Compact
• Standard 2 - Knowledge and Performance Tests (Drivers)
• Standard 3 - Driver Examiner Training Program
• Standard 4 - Classified Driver Licensing System - May 1998
• Standard 5 - Self Certification Standards and Procedures
• Standard 6 - Medical Standards for Drivers
• Standard 7 - Carrier and Driver Profiles - November 2002
• Standard 8 - Short Term Suspension
© 2013 North American
Transportation Management Institute
- CA
5
National Safety Code - Continued
• Standard 9 - Hours of Service
• Standard 10 - Cargo Securement -September 2004
• Standard 11 - Commercial Vehicle Maintenance and Inspection (PMVI) Standards –
December 2006
• Standard 12 - CVSA On-Road Inspections
• Standard 13 - Trip Inspection
•
•
•
•
•
•
Part I General Requirements May 2005
Part II Schedules
Schedule 1 Truck, Tractor Trailer December 2003
Schedule 2 Bus May 2004
Schedule 3 Motor Coach (Daily) May 2005
Schedule 4 Motor Coach (30 Days or 12000km) May 2005
• Standard 14 - Safety Rating - September 2002
• Standard 15 - Facility Audits - December 2003
• Standard 16 - First Aid Training
© 2013 North American
Transportation Management Institute
- CA
6
Canada Labour Code
Employer’s Annual Hazardous Occurrence Report
• Every employer shall, not later than March 1 in each year, submit to the
Minister a written report setting out the number of accidents, occupational
diseases and other hazardous occurrences of which the employer is aware
affecting any employee in the course of employment during the 12 month
period ending on December 31 of the preceding year.
Retention of Reports and Records
• Every employer shall keep a copy of the annual report, as well as
documentation of each incident for 10 years following submission of the
report
© 2013 North American
Transportation Management Institute
- CA
7
© 2013 North American
Transportation Management Institute
- CA
8
II-8 Other Hazardous Occurrences
“Other hazardous occurrences” are any other situations where
events have occurred that resulted in:
• An explosion;
• Damage to a boiler or pressure vessel that results in fire or rupture of the
boiler or pressure vessel: or
• Damage to an elevating device that renders it unusable, or a free fall of
an elevating device;
• An electric shock, toxic atmosphere or oxygen deficient atmosphere that
caused an employee to lose consciousness;
• The implementation of rescue, revival or other similar emergency
procedures; or
• A fire.
© 2013 North American
Transportation Management Institute
- CA
9
USDOT Regulations
Federal Motor Carrier Safety
Regulations (FMCSR)
• Part 395 - Hours of Service of Drivers
• Part 391 - Qualifications of Drivers
• Part 382 - Controlled Substances and Alcohol Testing
• Part 383 - Commercial Drivers License
• Part 396 - Inspection, Repair & Maintenance
© 2013 North American
Transportation Management Institute
- CA
10
Canada Labour Code & TDG
• Under the Canadian Labour Code employers need to train their
employees related to their Safety.
• For Transportation, Transportation of Dangerous Goods (TDG)
is one of the most important certifications required by all
employees that work with carriers working with transportation
of Dangerous Goods
© 2013 North American
Transportation Management Institute
- CA
11
Provincial Information
http://www.infratrans.qov.ab.ca/
http://www.gov.ns.ca/tran/
Alberta Infrastructure and Transportation
Nova Scotia Transportation and Public Works
http://www.gov.bc.ca/bvprd/bc/channel.do?action=ministry&channellD=8394&navld=NA
V_ID_province
http://www.gov.nu.ca/Nunavut/
Nunavut Department of Community and Government Services
British Columbia Ministry of Transportation
http://www.mto.gov.on.ca/
http://www.gov.mb.ca/tgs/portal.html
Ontario Ministry of Transportation
Manitoba Transportation
http://www.gov.pe.ca/tpw/index.php3
http://www.gnb.ca/O113/index-e.asp
PEI Transportation and Public Works
New Brunswick Transportation
http://www.highways.gov.sk.ca/
http://www.tw.gov.nl.ca/
Saskatchewan Highways and Transportation
Newfoundland and Labrador Transportation and Works
http://www.mtg.gouv.qc.ca/en/
Transports Quebec
http://www.gov.nt.ca/Transportation/index.html
Northwest Territories Department of Transportation
http://www.hpw.gov.yk.ca/
Yukon Highways and Public Works
© 2013 North American
Transportation Management Institute
- CA
12
Record-Keeping Matrix
Type of Record
Issues and
Guidelines
Common Errors
13
© 2013 North American
Transportation Management Institute
- CA
USDOT Hours of Service
Enforcement
Hours of service rules enforced through log audits:
• 11-hour rule
• 14-hour rule
• 60/7-hour rule
• 70/8-hour rule
NATMI © 2014
HOS Comparison
HOURS OF SERVICE RULES
2003 Rule
Property-Carrying CMV Drivers
Compliance Date 1/1/2004
2005 Rule
Property-Carrying CMV Drivers
Compliance On & After 10/01/05
May drive a maximum of 11 hours after 10 consecutive
hours off duty.
NO CHANGE
May not drive beyond the 14th hour after coming on
duty, following 10 consecutive hours off duty.
NO CHANGE
May not drive after 60/70 hours on duty in 7/8
consecutive days.
–
NO CHANGE
A driver may restart a 7/8 consecutive
day period after taking 34 or more
consecutive hours off duty.
Commercial Motor Vehicle (CMV) drivers using a
sleeper berth must take 10 hours off duty, but may
split sleeper-berth time into two periods provided
neither is less than 2 hours.
CMV drivers using the sleeper berth provision must take
at least 8 consecutive hours in the sleeper berth, plus 2
consecutive hours either in the sleeper berth, off duty, or
any combination of the two.
Passenger-carrying carriers/drivers are not subject to the new hours-of-service rules.
These operations must continue to comply with the hours-of-service limitations specified in 49 CFR 395.5.
NATMI © 2014
Sleeper Berth Exception
Drivers may split on-duty time by using sleeper berth periods, but must do so by
accumulating the equivalent of 10 consecutive hours off-duty by taking 2 periods of rest in
the sleeper berth, provided:
1.
CMV drivers using the sleeper berth provision must take at least 8 consecutive hours in the
sleeper berth, plus 2 consecutive hours either in the sleeper berth, off duty, or any combination
of the two.
2.
Driving time in the period immediately before and after each rest period when added together
does not exceed 11 hours; and
3.
The on-duty time in the period immediately before and after each rest period when added
together does not exceed 14 hours.
NATMI © 2014
Sleeper Berth Example
Violation prior to
10/1/2005?
Violation after
10/1/2005?
No
Yes
What Time did it
occur?
NATMI © 2014
8:00 p.m.
16-Hour Exception For Property-Carrying Drivers
Drivers may extend the 14-hour on-duty period by 2 additional hours
IF THEY:
• Are released from duty at the normal work reporting location for
the previous 5 duty tours; AND
• Return to their normal work reporting location and are released
from duty within 16 hours; AND
• Have not used this exception in the previous 7 days, except
following a 34-hour restart of a 7/8-day period.
• Total hours driving may not exceed 11 hours.
NATMI © 2014
New HOS Rules
• Dual compliance dates of February 27, 2012 and July 1, 2013.
• May drive 11 hours, following 10 hours off-duty.
• May not drive beyond the 14th hour after coming on-duty, following 10 hours
off-duty.
• May drive only if 8 hours or less have passed since the end of the driver's last
off-duty period of at least 30 minutes.
• May not drive after 60/70 hours on-duty in 7/8 consecutive days.
• May restart a 7/8 consecutive day period after taking 34 or more consecutive
hours off-duty;
 The restart must include two periods between 1 a.m.- 5 a.m. home terminal time.
 May only be used once per week.
NATMI © 2014
NATMI © 2014
2012 11-Hour Rule
Explanation
11 HOURS DRIVING
10 HOURS OFF DUTY
Effective 7/1/2013 30
minute break
NATMI © 2014
2012 11-Hour Rule
Example
10 HOURS OFF
DUTY
Effective 7/1/2013 30 minute
break
11 HOURS DRIVING
9 HOURS DRIVING
NATMI © 2014
11-Hour Rule - Example 1
VIOLATION:
YES
START:
NATMI © 2014
6:30 p.m.
11-Hour Rule - Example 2
VIOLATION:
YES
START:
NATMI © 2014
8:00 p.m.
11-Hour Rule - Example 3
VIOLATION:
YES
START:
NATMI © 2014
7:00 p.m.
11-Hour Rule - Example 4
VIOLATION:
YES
START:
NATMI © 2014
7:00 p.m.
14-Hour Rule - Example 1
VIOLATION:
YES
START:
NATMI © 2014
10:00 p.m.
14-Hour Rule - Example 2
VIOLATION:
NO
NATMI © 2014
14-Hour Rule - Example 3
VIOLATION:
YES
START:
NATMI © 2014
9:00 p.m.
14-Hour Rule - Example 4
VIOLATION:
YES
START:
NATMI © 2014
2:00 p.m. and
10:00 p.m
Applying the 70/8 Rule
1.
2.
3.
On the morning of Saturday the 6th,
how many hours did the driver have
available?
On the morning of Tuesday the 9th,
how many hours did the driver have
available?
On the morning of Friday the 12th,
how many hours does the driver have
available?
NATMI © 2014
DATE
DAY
TOTAL HOURS ON
DUTY AND DRIVING
1
MON
12
2
TUE
14
3
WED
15
4
THU
10
5
FRI
14
6
SAT
10
7
SUN
0
8
MON
9
9
TUE
12
10
WED
11
11
THU
0
12
FRI
?
Duty Status Record Requirements
NATMI © 2014
100-Mile Radius Exemption
Requirements:
• Time records must show start and finish times
• No more than 12 consecutive hours
X
Normal Work
Reporting
Location
• No more than 11 hours driving time
• 10 hours off between periods
NATMI © 2014
How Logs Are Falsified
What Actually Happens
What Is Logged
Drive 14 hours
Log shows 11 hours driving
Many hours on-duty
Hours shown as off-duty or as less than actual
Many drop-offs and side trips
Trips not shown on log
A number of short trips
Log shows off-duty entire day
Hours spent in yard work
Hours shown as off-duty or as less than actual
One driver makes many trips in one day
Two separate driver logs submitted for same day
NATMI © 2014
Supporting Evidence
•
•
•
•
•
•
•
•
•
•
•
•
Bills of lading
Delivery receipts
Fuel receipts
Meal receipts
Motel and lodging records
Dispatch records
Accident reports
Daily vehicle inspection reports
Payroll records
Lease agreements
Time worked reports
Per diem payments
•
•
•
•
•
•
•
•
Mileage report
Daily trip sheet reports
Road-side inspection reports
Leased operator statements to the
motor carrier
Ports of entry inspections
C.O.D receipts
Special permits for over-weight /
over-length / over-height loads
Unloading stop-off reports
NATMI © 2014
•
•
•
•
•
Lease inspection reports
Charges for demurrage and
other accessorial services
Pick-up orders
Temperature control records or
other in-trip record or
inspections, etc.
GPS records
Canadian Hours of Service
© 2013 North American
Transportation Management Institute
- CA
The Big changes to the HOS Rules are:
1.
Increase minimum daily off-duty time by 25% (8hrs to 10hrs)
2.
Reduce daily on-duty time by 13% (16 hrs to 14 hrs)
3.
Reduce daily driving time by 18% (16 hrs to 13 hrs)
4.
Eliminate the “4 Hour Sleep Reduction”(once-a-week)
5.
Restrict driver’s work shift to 16 hours (Tour of Duty)
6.
Requirement for driver to elect a cycle (no more switching)
7.
Standards for sleeper berths (split times, design, construction)
© 2013 North American
Transportation Management Institute
- CA
37
The Big changes to the HOS Rules are:
8.
Mandatory 24-hour off-duty period in 14 days (regardless of onduty accumulation)
9.
Allowing drivers to use a CMV for personal use (75km
restriction)
10. Shared responsibility for compliance (carrier, driver, dispatch,
shipper, consultant)
11. New powers for enforcement officers - “out-of-service” orders –
up to 72 hours
© 2013 North American
Transportation Management Institute
- CA
38
Comparison Old vs. New HOS
Old Regulations
Regulations - 2007
15 Hours On Duty
14 Hours On Duty
13 Hours Driving
13 Hours Driving
8 Hours Off Duty/Sleeper
10 Hours Off Duty/Sleeper
3 cycles 60/7, 70/8, 120/14
2 Cycles 70/7, 120/14
No Switching
No Cycle Reset
2 Cycle Resets 36 & 72
© 2013 North American
Transportation Management Institute
- CA
39
Canadian Hours of Service
• Every Log sheet must contain the following information:
• Driver’s complete name PRINTED
• Proper name and complete address of Carrier Principal Place of
Business
• Complete Home Terminal Address if different than principal Place of
Business
• Signature of driver
• Co-driver’s name printed if driving team
• License plate or unit # of truck (Quebec requires plate #)
• License plate or unit # trailer (s) (Quebec requires plate #)
• Date in full Month, Day and Year
• Elected Cycle
© 2013 North American
Transportation Management Institute
- CA
40
Canadian Hours of Service
•
•
•
•
•
•
•
•
•
Starting odometer
Total distance driven by you for the day
Total distance driven for the day (Team)
The time spent in each duty status for the day (graph grid)
The total time spent in each duty status during the day (daily
re-cap)
Location of each change of duty status. Closest city or town
and province or state abbreviation
Personal use of CMV Starting and ending Odometer
Daily Deferral Day 1 or 2
A hand written log must be made in duplicate
© 2013 North American
Transportation Management Institute
- CA
41
Motor Carrier:____________________
Truck plate/unit # ___________________ Trailer
plate/unit __________________
Day ______ Month __________ Year
_______
Principle Place of
Business:__________________
Trailer plate/unit # ___________________ Trailer
plate/unit __________________
Home Terminal
Address:___________________
Cycle (1) 70/7 ______
120/14______
Odometer finish: _______________
km / mile
Odometer start: ______________ km
/ mile
Cycle (2)
Total mileage: _____________ km /
mile
Use Local Time Standard at Home Terminal
DUTY STATUS
Total Hours
Midnight
1
2
3
4
5
6
7
8
9
10
11
Midnight
1
2
3
4
5
6
7
8
9
10
11
12 Noon
1
2
3
4
5
6
7
8
9
10
11
1
2
3
4
5
6
7
8
9
10
11
1. Off Duty
2. Sleeper Berth
3. Driving
4. On Duty
(not driving)
12 Noon
Total Hours
REMARKS
Shipper Name:
_________________________________
Commodity: _________________________________
Personal Use Odometer start:___________ end:
___________
Name and Signature Driver (Certified True and Correct) Print:_______________________ Sign:
_______________________________
Daily Deferral Day # ___________
Name of co-driver: ___________________________________________________
© 2013 North American
Transportation Management Institute
- CA
42
B/L #: _________________________________
Canadian Hours of Service
• In Canada you are permitted to:
• Drive for 13 hours in a “day”
• Be on duty for 14 hours in a “day”
• Must take 10 hours in the sleeper berth or off duty every “day”
(8 must be consecutive and the other 2 in increments of 30min
or more)
• Work shift is limited to 16 hours in a day
© 2013 North American
Transportation Management Institute
- CA
43
Understanding the 14 and 16 hour
rules
• Maximum On-duty time in a “day” is 14 hours
• Maximum length of work shift in a “day” is 16 hours.
• Although maximum on duty time in a “Day” is 14 hours; drivers
can extend their “work shift” to 16 hours only by taking off-duty
breaks which are greater than or equal to 30 minutes up to 2
hours maximum. In essence you can stop the on duty clock.
© 2013 North American
Transportation Management Institute
- CA
44
Understanding the 14 & 16 hour rules
• Drivers: At the start of the “day”, a driver should count 16 hours forward.
This is the time that the driver must go off duty.
• E.g.: If a driver starts the work shift at 2 a.m., that driver must finish the
work shift no later than 6 p.m.
• During this 16 hour period drivers are restricted to:
• 13 hours driving and a maximum of
• 14 hours on duty, but:
• Driver can take 2 hours off duty to make the total shift 16 hours as long
as the 2 hours are taken in increments of 30 minutes or more.
• Less than 30 minutes off-duty will not “stop the clock”
© 2013 North American
Transportation Management Institute
- CA
45
Understanding the 14 & 16 hour
rules
“DAY”
8 consecutive hours off duty,
prior to midnight.
8 consecutive hours off duty rolls over to
next day
10
0
13
1
Shift Reset
© 2013 North American
Transportation Management Institute
- CA
•Work Shift ≤ 16 hours
•Driving time ≤ 13 hours
•No driving after 14 hours on-duty
46
End
Daily Deferral
• You may defer the 2 other hours of off duty to the following day certain
conditions apply:
• The off duty time deferred is not part of the mandatory 8 consecutive
hours of off duty time;
• The total off duty time taken in the 2 days is at least 20 hours
• The off duty time deferred is added to the 8 consecutive hours of off duty
time taken in the 2nd day.
• The total driving time in the 2 days does not exceed 26 hours; and
• There is a declaration in the “Remarks’ section of the daily log that states
that the driver is deferring off-duty time under this section and that
clearly indicates whether the driver is driving under day one or day two
of that time.
© 2013 North American
Transportation Management Institute
- CA
47
8 Hours consecutive Off
Day 1
0
8
8
13
2
1
15
1
Remarks: Daily deferral taken Day 1
Day 2
10 Hours consecutive Off 8+2
day 1
0
12
8+2 = 10
2
5
6
1
1
Remarks: Daily deferral made up Day 2
Work Shift Day 1
13 Hours Driving time (13)
Work Shift Day 2
14 Hours On Duty (13+1)
13 Hours Driving Time (13)
16
Hours
Elapsed
time (14)
© 2013
North
American
Transportation Management Institute
- CA
14 Hours On Duty (7+1+6=14)
48
11
16 Hours Elapsed time (16)
Split Sleeper Berth Provision
• Drivers may split their “sleeper berth” time if their vehicle is fitted with a
sleeper berth
• A sleeper berth must meet prescribed standards specified in Schedule 1
• Driver cannot stretch across the seats and call it a sleeper berth.
• It must be constructed as a sleeper with a mattress
© 2013 North American
Transportation Management Institute
- CA
49
Split Sleeper Berth Provision
For single drivers splitting their sleeper berth time:
• they can only use 2 time periods, neither of which can be less
than 2 hours; and
• The total of those 2 periods must be 10 hours; and
• The off duty time is spent in the sleeper berth; and
• The total of the driving time in the periods immediately before
and after each sleeper berth period does not exceed 13 hours;
and
• The elapsed time in the periods immediately before and after
each of the periods of off-duty time does not include any
driving after the 16th hour after the driver comes on duty.
© 2013 North American
Transportation Management Institute
- CA
50
Split Sleeper Berth Provision
Continued
• None of the daily off-duty time can be deferred to the next day
• The total of the on duty time in the periods immediately before
and after each of the periods of off-duty time does not include
any driving time after the 14th hour
• The 16th hour is calculated by excluding any period spent in the
sleeper berth that is 2 hours or more in duration and that when
added to a subsequent period in the sleeper berth totals at least
10 hours
© 2013 North American
Transportation Management Institute
- CA
51
Split Sleeper Berth Provision
Continued
• Team drivers who split their sleeper berth time must follow
different guidelines.
• Sleeper berth minimum for teams is: 4 hours
• Total Sleeper berth period for teams is: 8 hours
• They must still take an additional 2 hours off duty to meet the 10
hour off duty daily requirement
© 2013 North American
Transportation Management Institute
- CA
52
Sleeper Berth (Single Driver)
3 + 7 = 10 hours
Off-duty ≥ 10
Driving ≤ 13
No driving after 14
hours On-duty
•Driving < 13
•No Driving after 14 hours On-Duty
•No Driving after 16th hour since last sleeper period
© 2013 North American
Transportation Management Institute
- CA
53
Sleeper Berth (Team Driver)
4 + 4 = 8 hours
2
8
12
2
•Driving < 13
•No Driving after 14 hours On-Duty
•No Driving after 16th hour since last sleeper period
© 2013 North American
Transportation Management Institute
- CA
54
The Cycles
• Only two cycles
• A driver must elect one and show which cycle on log book
• Cycle 1: 70 hours/7 days,
• Cycle 2: 120 hours/14 days and driver must take 24 consecutive hours
off-duty prior to 70th hour
• Cycle switching only allowed after completing required off-duty period
• Cycle 1: 36 hours
• Cycle 2: 72 hours
© 2013 North American
Transportation Management Institute
- CA
55
Mandatory 24 Hours Off Duty
• Regardless of which cycle a driver is on they must take a
Mandatory 24 hours off duty every 14 days.
• In other words they must take the 14th day off duty if they have
been on duty for 13 days.
© 2013 North American
Transportation Management Institute
- CA
56
Local Drivers
• Are exempt from completing a log book if the following apply:
• Operates CMV within 160 km radius of their home terminal and
• Returns to home terminal each day to begin an 8 hour off-duty period; and
• Carrier maintains accurate and legible records for each day indicating;
• hour at which each duty status begins & ends:
• total hours spent in each status;
• elected cycle; and
• records kept for 6 months; and
• not subject to an HOS permit
© 2013 North American
Transportation Management Institute
- CA
57
On-duty Status Records
© 2013 North American
Transportation Management Institute
- CA
58
Personal Use of a CMV
• A driver may use a CMV for personal use provided they follow
these guidelines:
• CMV is unloaded
• Not towing a trailer (bobtail)
• Not under direction of the carrier (bobtail to pick up an empty
would be driving)
• Maximum of 75 km/day
• Odometer readings are recorded
• Driver is not subject of an OOS declaration
© 2013 North American
Transportation Management Institute
- CA
59
Previous 14 days
• Regardless of your cycle you must keep a copy of the previous 14
days logs with you at all times.
• Must also carry supporting documents for current trip (document
or information recorded or stored by any means required by a
director or inspector to assess compliance with these
Regulations.)
© 2013 North American
Transportation Management Institute
- CA
60
Canadian Hours of Service
• If you have a sleeper berth you may split your 10 hours however
certain conditions apply as follows for single drivers only:
• Total sleeper berth time for both periods must amount to a minimum of 10
hours
• There can be no more than 2 periods counted towards the 10 hours
• In order to count towards your 10 hours a period can be no less than 2
hours
• Total driving time on both sides of the counted sleeper berth period
cannot exceed 13 hours.
• You cannot use the daily deferral option
© 2013 North American
Transportation Management Institute
- CA
61
13-Hour Rule Example 1
10
.5
13
.5
24
VIOLATION:
© 2013 North American
Transportation Management Institute
- CA
No
START:
62
13-Hour Rule Example 2
9
0
14
.5
24
VIOLATION:
© 2013 North American
Transportation Management Institute
- CA
Yes
START:
63
10:30pm
14 – 16 Hour Rule Example 1
.5
8
12.5
3
24
VIOLATION:
© 2013 North American
Transportation Management Institute
- CA
Yes
START:
64
10:30pm
14 – 16 Hour Rule Example 2
10
0
13
1
24
VIOLATION:
© 2013 North American
Transportation Management Institute
- CA
NO
65
USDOT Requirements and
Recommended Best Practices
Driver Qualification File supplemental records:
• Employee record card
• Notice to drivers/certificate of compliance
• I-9 immigration form
• SIN starts with 9
© 2013 North American
Transportation Management Institute
- CA
66
Inquiries to Past Employers - 391.23
• Past drug & alcohol testing results requirement changed
from 2 years to 3 years
• Within 30 days, employer must investigate driver’s
employment record for previous 3 years
• Previous employers must respond within 30 days
NATMI © 2014
Driver Investigation History File 391.53
Carriers must maintain records on investigation into safety
performance history of a new or prospective driver
Limited access to those involved in hiring
Can only be used in hiring process
NATMI © 2014
Driver Investigation History File Cont’d
• File must include:
• Driver’s written authorization to seek information on alcohol/controlled substances history
• Copy of responses received for investigations from previous employers
• History info must be retained for as long as you employ the driver and 3 years
thereafter
• File must be available to FMCSA or authorized state officials or authorized
third party
NATMI © 2014
Acceptable Road Test Equivalents
In place of a road test, carrier may accept:
• Valid commercial driver’s license, if State administered prior road
test (except doubles/triples trailer or tank endorsement)
• Road test certificate issued to driver within previous 3 years
NATMI © 2014
Part 382 Testing Requirements
• Pre-employment (drugs only)
• Post-accident
• Random
• Reasonable suspicion
• Return to duty
• Follow-up
NATMI © 2014
Pre-Employment Testing Requirements
• Test prior to performing safety sensitive functions
• Negative report from MRO must be received
• Exemption available by obtaining test results from previous employer:
• if driver was in a random pool within past 30 days
AND
• if driver was:
tested in previous 6 months
OR
in a random program for the past year
NATMI © 2014
Post-Accident Testing Requirements
Required as soon as possible after:
• Fatality, OR
• Bodily injury AND the driver receives a citation for a moving
violation, OR
• Disabling damage requiring tow away AND driver receives a
citation for a moving traffic violation
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Post-Accident Testing Requirements
Alcohol:
• Test within 2 hours of accident
• After 8 hours, cease test attempts
Drugs:
• After 32 hours, cease test attempts
• If no test administered, document why
• Federal or State test results may be used
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Drug and Alcohol: Errors on
Records
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Situations Requiring Accident
Register Entries
• A fatality
• Bodily injury to a person who immediately receives medical treatment
away from scene
• One or more vehicles incurs disabling damage and must be towed away
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Required Accident Register
Information
• Date of accident
• City or town in which (or most near)
accident occurred
• State in which accident occurred
• Driver name
• Number of injuries and fatalities
• Whether hazardous materials were released
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Importance of Vehicle Maintenance
Record
• Safety
• Safety rating
• Customer satisfaction
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Inspection and Maintenance
Recordkeeping Problems
Driver’s Daily Inspection Report Mistakes
• Sometimes drivers skip those items that require getting under the truck or behind
the wheels
• Power unit - service brakes, suspension, wheels/rims/lugs, brakes
• Towed unit - suspension, tires, brakes
Mechanic’s Annual Inspection Record
• Steering linkage
• Frame members
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Driver’s Inspection Report
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Driver’s Inspection Report
© 2013 North American
Transportation Management Institute
- CA
81
Driver’s Inspection Report
© 2013 North American
Transportation Management Institute
- CA
82
Inspection Criteria Schedule
© 2013 North American
Transportation Management Institute
- CA
83
Inspection Criteria Schedule
© 2013 North American
Transportation Management Institute
- CA
84
Inspection Criteria Schedule
© 2013 North American
Transportation Management Institute
- CA
85
Record of Annual Inspection
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Record of Annual
Inspection Cab Card
© 2013 North American
Transportation Management Institute
- CA
87
CVSA Inspection Criteria
© 2013 North American
Transportation Management Institute
- CA
88
Summary of US & CDN Record-Keeping
Time Frame Requirements
Record
Duration
US
Drivers' Logs
Vehicle Inspection Reports
Annual Inspection Report
Canada
6 months
3 Months
Same
Same
(if defect noted 2 yrs)
Positive D&A Tests
14 months 2 years
1 Year
2 years
5 Years
Same
Negative D&A Tests
1 Year
Driver Qualification Files (post
employment)
3
Maintenance Records
© 2013 North American
Transportation Management Institute
- CA
Years
89
Same
7 Years (post
employment)
Questions
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