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Archive for the ‘DOT Compliance’ Category
Trucking Industry News – Current Federal Legislation – Part 3 of 3
Tuesday, January 19, 2010
posted by 18 Wheeler 9:33 PM
Hello, Fellow Drivers, This is the last part of the this three part series on trucking industry news. I got this news from the Land Line Magazine online. These are important issues that affect your trucking business. Enjoy the read and remember to be safe out there!
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Trucking Industry News – Current Federal Legislation – Part 2 of 3
Wednesday, January 13, 2010
posted by 18 Wheeler 9:51 AM
Hello, Fellow Drivers, Today we’ll discuss part 2 of the new current fed legislation. Put this in with your other trucking industry news as a reminder to stay current on changes in the trucking business. Enjoy the read and remember to stay safe out there!
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Hello, Fellow Drivers, As if the trucking business had enough to keep up with, now the Federal Motor Carrier Safety Administration (FMCSA) is adding to the pile! I found this bit of trucking industry news in the OOIDA magazine, Land Line. Read on to keep abreast of the latest ways to keep you from stretchin’ your log books and other things. Remember to be safe out there!
CSA 2010: Your new company, driver safety ‘credit report’
With technology morphing the way we live our lives at warp speed, it’s no big surprise that the Federal Motor Carrier Safety Administration has decided to go high-tech with its compliance enforcement.
Currently, the odds of being hit with any substantive on-site compliance review are somewhere between slim and none. Because of lack of staffing and the cumbersome nature of plowing through mountains of paperwork, each year FMCSA officials are only able to conduct compliance reviews on less than 2 percent of the motor carriers in the U.S.
Enter the technology knight on a white horse – CSA 2010. Back in 2004, FMCSA officials started developing a data-driven system of analyzing all inspection reports on motor carriers and drivers to identify trends of noncompliance.
The mega database system, with all of its algorithms and programs, will spit out monthly safety ratings for companies and drivers. Those who crop up with numerous violations – ranging from the not-so-serious to out-of-service – will pop up on FMCSA’s compliance radar.
But that doesn’t necessarily mean you’ll get a full-blown on-site compliance review. Depending on the severity of the rating, you could get anything from a letter telling you to straighten up your act to that dreaded on-site review that likens to an IRS audit.
Companies will have a chance to get their act together and report back to FMCSA to keep a good safety fitness rating. There will be three fitness rating in the 2010 program: “unfit,” “marginal” and “continue to operate.”
The overall concept is simple enough but, as with anything, the devil is in the details – and with CSA 2010, there are a ton of details.
The program can be broken down into the data, the math behind the number, enforcement, safety fitness determinations and the possible hiccups motor carriers and truckers could encounter along the way.
The following is the first in a series of articles that will explain the ins and outs of the new enforcement program bearing down on the trucking industry.
– By Jami Jones, senior editor
jami_jones@landlinemag.com
Trucking Industry News – Resolutions Next Exit! Part 3 of 3
Tuesday, January 5, 2010
posted by 18 Wheeler 12:10 AM
Hello, Fellow Drivers! This is the last part of a three-part article on New Year’s Resolutions and trucking resources. I hope you have been able to gain something useful from this article and remember to be safe out there!
DRIVER HEALTH AND WELLNESS
Quit smoking. Easier said than done! You’ll live longer, feel better and have less chance of developing heart disease, stroke, lung disease and cancer. Do it for yourself, but get the help and support you need to quit, whether it be from a family member, friend or doctor. It’s a matter of making a gut decision to do it like you made the decision to drive a truck. Success won’t come until you REALLY make up your mind that you want this.
Don’t abuse alcohol and drugs. Assistance is readily available to help people break an addiction and turn their lives around. Stay out of “party row”. Don’t trash around too much.
See a doctor. It’s cheaper to prevent a serious medical issue than to treat one. Regular doctor visits can keep you healthy and on the road. Many health plans provide benefits intended for preventative checkups. Another good way to prevent health issues is to seek out a nutritionist or a doctor that uses natural means to prevent health issues. Supplements and such things help promote good health and vitality.
Well, Drivers, this is the finish of this article. Surely there is at least one thing you can incorporate into your new year’s routine to help with your trucking business success. Happy New Year!
Trucking Industry News – Resolutions Next Exit! Part 2 of 3
Monday, January 4, 2010
posted by 18 Wheeler 12:05 AM
Hello, Fellow Drivers! Well, the holidays are over! It’s back to the old grind! Although without the grind, there would no living! Because it’s the start of a new year, I wanted to get you some trucking resources that will start your year off right! Here is Part 2 of a three-part article. I hope you enjoy the read and remember to be safe out there!
Driver Health And Wellness
Cut back on junk food. It may be an easy choice to grab a donut or high-fat burger on the run, but leaner and greener foods give you the nutrients to maintain vital energy and strong muscles. Keep healthy snack foods, like whole grain, high fiber bars, apples or lower sodium nuts close by to tide you over until you can get to your next meal.
Learn proper lifting techniques, such as bending your knees and lifting from your legs rather than bending at the waist. Get help if you need it, or use mechanical aids to lift heavy loads. Take breaks from repetitive motions that can result in soreness of your hands, arms, neck and back to avoid long-term injuries.
Rest and relaxation. Make days off and vacations a mandatory part of your personal health plan. Take time off to participate in the things you and those around you enjoy. Take some time to simple relax, you deserve it.
This is part two of this informative article. Stay tuned for part three! Happy New Year!
Trucking Authority – The FMCSA Goes High Tech – Part 3 of 3
Friday, December 11, 2009
posted by 18 Wheeler 12:05 AM
Hello, Fellow Drivers, Today is the conclusion of this 3-part series on the FMCSA. I trust that you have gained knowledge to help to get trucking authority or to stay compliant if you start a trucking business just are trying to stay successful. Enjoy the read and remember to be safe out there!
December 2009/January 2010
Cover Story: FMCSA takes enforcement to the digital age in 2010
By Jami Jones
Senior editor
The labels
Motor carriers know the value of the current “satisfactory” safety rating. Customers get itchy when they see a “conditional” or “unsatisfactory” rating.
While the names will change, the meaning will pretty much remain the same. Under CSA 2010, motor carriers will be ranked by “continue to operate,” “marginal” and “unfit.”
The big change on this from the current enforcement scheme is that right now safety fitness determination is assigned following compliance reviews. FMCSA is planning to issue a rulemaking that will change all of that.
Where the current method relies heavily on critical and acute violations and required deficiencies in multiple areas, the new method will arrive at a safety fitness determination using all the data collected – including from roadside inspections.
It’s FMCSA’s intent for the new process to be a reflection of the motor carrier’s current compliance, and not how the motor carrier fared in compliance reviews months or even years before. LL
The rub
The new compliance enforcement program put together by FMCSA is clever in its concept that enforcement will be triggered by performance.
The way data is handled and considered, it weights behaviors that pose the greatest risks to truckers and highway safety. Ultimately, it’s about reducing the number of big truck-related injuries and fatalities even more.
The linchpin of the entire system is the data. And that is the one area raising the most concern at the Owner-Operator Independent Drivers Association.
The data is going to include all violations noted on inspection reports and crash reports.
The information entered is not limited to just convictions. Citations, warnings and inspection violations will all be included in the database and calculated to figure your safety rating.
“The fact that all violations, rather than convictions, are being entered into this system sets drivers up to be accused, tried and convicted on the roadside by enforcement personnel,” said OOIDA Director of Regulatory Affairs Rick Craig.
Craig said FMCSA officials have repeatedly been questioned about their insistence on including citations that have not been proven through some sort of legal process.
“The lack of due process for drivers to challenge the legitimacy of violations is completely irrational,” Craig said. “It flies in the face of the premise of innocent until proven guilty.”
In addition to the presumption of guilt, OOIDA is concerned about the quality of the data being entered into the system. And rightfully so.
It is a lot of data. The carrier portion of the database will carry 24 months of inspections and crash reports. The driver profiles will contain 36 months of data.
By FMCSA’s math, the two databases contain 690,000 motor carrier profiles and 3.6 million driver profiles with data from approximately 26.2 million inspections and 730,000 crash records.
Factor in the fact that all of that data is coming in from law enforcement agencies from all around the country in states with different reporting procedures and one can’t help but wonder how accurate all of that data can be.
FMCSA has been working closely with states since 2004 to shore up reporting of violations. In 2004, less than half of the states and DC were classified as being “good” or a “green” state. A total of 14 states were rated “poor” or “red” states.
In five years, 32 states are now classified as good. But 14 remain in the fair category with five still languishing in the poor category.
Drawing from an old computer adage – garbage in, garbage out. If the data is not entered properly or not at all, it seems inevitable that motor carrier and driver compliance records may not be completely accurate.
Currently, motor carriers can challenge information contained in their safety profiles through a system called Data Qs. Craig said that most of the time, carriers find that challenging data rarely results in the error being corrected.
“FMCSA will reach out to the state that entered the information, and all it takes is for the state to reject the claim of inaccuracy. Case closed,” Craig said.
It also seems, without easy logic, that motor carriers and drivers are being treated significantly different. For starters, motor carriers only have to worry about two years worth of data. Drivers will lug around three years of inspection violations and crash reports in their records.
The enforcement and intervention process has multiple options for motor carriers. Drivers, it appears, will be limited to a notice of violation or a notice of claim (i.e., a fine).
“There has to be a simple, effective process for drivers and motor carriers to challenge erroneous information,” Craig said. “We know from years of experience that law enforcement doesn’t always get it right. Without accurate data and due process, it sets up the system to fail miserably.” LL
Trucking Authority – The FMCSA Goes High Tech – Part 1 of 3
Wednesday, December 9, 2009
posted by 18 Wheeler 10:26 AM
Hello, Fellow, Drivers! I hope you are moving along with holiday plans that you’re looking forward to. I saw this article in the latest issue of Land Lind Magazine by OOIDA, of which I’m a member. It seems that in 2010 to get trucking authority you will have to be aware of these new high tech additions to the FMCSA’s enforcement of trucking authority compliance. I want to share this article in three parts. So for the next two days, I will be posting another part of this lengthy article on my blog.
I also wanted to ask my faithful readers if they had any specific topics that they would like to see covered here on this site. Please feel free to email me at truckersandtravelers@gmail.com. I welcome your questions and comments. The goal with this blog site is to have a place for drivers to find valuable information that will help with your trucking business success. Enjoy the read and remember to be safe out there!
December 2009/January 2010
Cover story:FMCSA takes enforcement to the digital age in 2010
By Jami Jones
Senior editor
With technology morphing the way we live our lives at warp speed, it’s no big surprise that the Federal Motor Carrier Safety Administration has decided to go high-tech with its compliance enforcement.
Currently, the odds of being hit with any substantive on-site compliance review are somewhere between slim and none. Because of the lack of staffing and the cumbersome nature of plowing through mountains of paperwork, each year FMCSA officials are able to conduct compliance reviews on fewer than 2 percent of the motor carriers in the U.S.
Enter the technology knight on a white horse – CSA 2010 – short for Comprehensive Safety Analysis 2010.
Back in 2004, FMCSA officials started developing a data-driven system of analyzing all inspection reports on motor carriers and drivers to identify trends of non-compliance.
The mega database system, with all of its algorithms and programs, will spit out monthly safety ratings for companies and drivers. Those who crop up with numerous violations – ranging from the not-so-serious to out-of-service – will pop up on FMCSA’s compliance radar.
That doesn’t necessarily mean you’ll get a full-blown on-site compliance review. Depending on the severity of the rating, you could get anything from a letter telling you to straighten up your act to the dreaded on-site review that likens to an IRS audit.
Companies will have a chance to get it together and report back to FMCSA to keep a good safety fitness rating. There are three proposed fitness ratings in the 2010 program: “unfit,” “marginal” and “continue to operate.”
The overall concept is simple enough but, as with anything, the devil is in the details – and with CSA 2010, there are a ton of details.
The program can be broken down into the data, the math behind the number, enforcement, safety fitness determinations, and the possible hiccups that motor carriers and truckers could encounter along the way.
The following is the first in a series of articles that will explain the ins and outs of the new enforcement program bearing down on the trucking industry.
The data
It seems like nowadays everywhere you turn, some group, business or government entity is collecting data on you.
Credit agencies record your every financial move. Grocery stores track your every purchase with their “shopper cards.” And now FMCSA is going to collect every single mark made on your inspection reports – for both the company and the driver – and from crash reports.
FMCSA will calculate the safety performance of motor carriers – which includes owner-operators running under their own authority – based on seven Behavioral Analysis and Safety Improvement Categories. Those seven categories, dubbed BASICs, and the federal regulations they relate to are:
Unsafe driving (Parts 392 and 397);
Fatigued driving (Parts 392 and 395);
Driver fitness (Parts 383 and 391);
Controlled substances/alcohol
(Parts 382 and 392);
Vehicle maintenance (Parts 393
and 396);
Cargo related (Parts 392, 393, 397
and hazmat); and
Crash indicator.
Data from those seven areas will be collected from inspections and crash reports.
Things will change dramatically in how information from inspection reports is handled. While the current system only calculates a compliance rating based on “out-of-service” and moving violations, that won’t be the case with CSA 2010. All violations included on inspections will be entered and considered– no matter whether it was an out-of-service violation or not.
Another significant change from the current enforcement system is that FMCSA is aiming to hold companies and drivers equally accountable for their roles in safety and performance. So CSA 2010 will also be collecting data on individual drivers.
Records on individual drivers will contain data gleaned from inspection and incident reports. The data will follow the driver no matter how many companies he or she works for.
Access to a driver’s profile will not be restricted to safety inspectors, who will have roadside access to those records. Motor carriers are also going to be allowed to review a driver’s record in the pre-employment screening process. That access will start in December.
FMCSA’s goal with the new driver data collection is to target enforcement on individual drivers with serious violations, such as driving while disqualified, driving without a CDL, making a false entry on a medical certificate, and chronic hours-of-service violations.
The system will hold 24 months of citation and violation data on motor carriers and 36 months for drivers.
All of this data will be housed and maintained by a third-party vendor, not FMCSA. NIC Technologies based in Olathe, KS, was awarded the contract in mid-October.
According to FMCSA, if a motor carrier wants to review a driver profile, they must obtain a privacy release from the driver. Drivers who want to review their own profile must contact the third party vendor or file a Freedom of Information Act request with FMCSA.
NIC’s press release announcing the awarding of the contract stated that the company anticipates charging motor carriers a subscription fee of $100 per year for access to driver profiles and a $10 transaction fee for each record pulled. Drivers will not be charged the annual subscription fee; however, additional fees will be charged for fax or mail requests.
Hello, Fellow Drivers,
It’s been a while since I wrote to you. Today I wanted to share an article written by a company that offers bonds for brokers of all kinds. When you get trucking authority, you will need to check on the FMCSA website to see if you will need a surety bond to proceed in the trucking business. Below is a short article written by one company that offers bonds to truck brokers, specifically freight brokers. These are the people who find the loads for drivers and dispatches them accordingly. Enjoy the read and remember to be safe out there!
Freight Broker Bonds
Like a host of other industries, freight brokers are required to obtain legitimate bonding before they can legally operate.
The Federal Motor Carrier Safety Administration (FMCSA), www.fmcsa.dot.gov/, mandates that brokers acquire these risk-mitigation tools to help protect consumers, state interests and freight companies. These bonds may also be referred to as BMC-84 Bonds, ICC Bonds or property brokers surety bonds. The FMCSA does have an exemption that allows brokers to possess a BMC-85 trust fund instead of the traditional freight broker bond.
How They Work
In essence, surety bonds are three-party agreements between a principal (the entity needing the bond), the obligee (the project owner or recipient of the work, often the state) and the surety, a neutral third party that guarantees the company will fulfill its obligations. These bonds are not to be confused www.suretybonds.com/insurance.html.
A freight broker bond provides a guarantee that all applicable laws and regulations will be followed. It also provides an avenue of recourse and financial compensation if a broker fails to fulfill its duties or engages in illicit or illegal activity.
Consumers or other injured parties can file a claim against the bond. If the claim is ultimately deemed valid bond company that issued the bond ensures compensation is provided.
How to Obtain Them
The market for freight broker bonds remains volatile after several years of frequent bond claims. In many states, these are considered high-risk bonds that may require significant collateral. There is a high-risk market for these bonds, and applicants should expect to pay higher rates and provide 100 percent collateral.
Trucking Industry News – Gun owners… look what’s on the 2010 tax return
Tuesday, November 24, 2009
posted by 18 Wheeler 12:05 AM
Hello, Fellow Drivers, This email was sent to me from a friend and it impressed me so much that I wanted to pass it on to my readers. This IS trucking industry news since Congress is looking at the possibility of us carrying weapons in our trucks for the first time ever. I’ve lived through nine presidencies but have never seen such slow and deliberate actions to take away personal freedoms and put it in the hands of governmental control. I thought WE were THE PEOPLE. Out Second Amendment right to bear arms is being compromised it seems. Usually I shy away from anything to do with politics, but this affects all Americans whether Democrat or Republican. Enjoy the read and remember to be safe out there!
More Freedom taken away and adding a NEW TAX
VERIFIED - TRUE by snopes.com <http://snopes.com/>
http://www.snopes.com/politics/guns/blairholt.asp
As if we didn’t have enough to get upset about! If you have a gun, I hope it isn’t registered! It begins… more Freedom gone… the right to protect yourself
and your family gone! Now ALL GUNS must be listed on your next (2010) tax
return! Senate Bill SB-2099 will require us to put on our 2009 1040 federal tax
form all guns that you have or own.It will require fingerprints and a tax of $50
per gun. This bill was introduced on February 24, 2009, by the Obama staff. BUT, this
bill will only become public knowledge 30 days after the new law becomes effective! This is an amendment to the Internal Revenue Act of 1986. This
means that the Finance Committee has passed this without the Senate voting
on it at all.
The full text of the IRS amendment is on the U.S. Senate homepage: www.senate.gov <http://www.senate.gov/> You can find the bill by doing a search by the bill number, SB-2099. You know
who to call; I strongly suggest you do. Please send a copy of this
every gun owner you know.
Text of H.R.45
as Introduced in House: Blair Holt’s Firearm Licensing and Record of Sale Act of 2009:www.opencongress.org/bill/111-h45/text Obama’s Congress is now starting on the firearms confiscation bill. If it passes, gun owners will become criminals if you don’t fully comply. It has begun… this is just the ‘tip of the iceberg!’ Very Important for you to be aware of a new bill HR 45 introduced into the House.
This is the Blair Holt Firearm Licensing & Record of Sale Act of 2009. Even gun shop owners didn’t know about this because the government is trying to
fly it under the radar as a ‘minor’ IRS revision, and, as usual, the ‘political’ lawmakers did not read this bill before signing and approving it!
To find out about this – go to any government website and type in HR 45 or
Goggle HR 45 Blair Holt Firearm Licensing & Record of Sales Act of 2009. You will get all the information.
Basically this would make it illegal to own a firearm – any rifle with a clip or ANY pistol unless:
1) It is registered
2) You are fingerprinted
3) You supply a current Driver’s License
4) You supply your Social Security number
5) You will submit to a physical & mental evaluation at any time of their choosing
Each update change or ownership through private or public sale must be reported and costs $25. Failure to do so you automatically lose the right to own a firearm and are subject up to a year in jail.
There is a child provision clause on page 16 section 305 stating a child-access provision. Gun must be locked and inaccessible to any child under 18. They would have the right to come and inspect that you are storing your gun safely away from accessibility to children and fine is punishable for up to 5 years in prison.
If you think this is a joke – go to the website and take your pick of many options to read this. It is long and lengthy. But, more and more people are becoming aware of this. Pass the word along. Any hunters in your family pass this along.
This is just a “termite” approach to complete confiscation of guns and disarming of our society to the point we have no defense – chip away a little here and there until the goal is accomplished before anyone realizes it.
This is one to act on whether you own a gun or not..
Search Results – THOMAS (Library of Congress)
<http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.45>
<H.R.45: Blair Holt’s Firearm Licensing and Record of Sale Act of 2009 – U.S. Congress – OpenCongress <http://www.opencongress.org/bill/111-h45/show>
H.R. 45: Blair Holt’s Firearm Licensing and Record of Sale Act of 2009
(GovTrack.us <http://govtrack.us/>
) <http://www.govtrack.us/congress/bill.xpd?bill=h111-45>
Please.. copy and send this out to EVERYONE in the USA , whether you support the Right to Bear Arms or are for gun control. We all should have the right to choose.
Hello, Fellow Drivers, On 11/9/09 I discussed a brief overview of a DOT audit once you get trucking authority. Today I will outline the paperwork necessary to successfully pass a DOT audit. You will need to take care of the paperwork that has to be in place to pass your first DOT inspection. These items are employee records, drug testing results, DOT physical (long form), log books and any audits done on them, your truck and trailer inspection and finally your pro-rate book that is kept in the truck. You will want assistance from Clay Eppard of Fleet-Safety, Inc. to get these in proper order. They will also assist you with your DOT inspection. You can always contact me by email at truckersandtravelers@gmail.com. First, your employee records will have to be filled out. Certain information will have to be included and an outside source will have to check your references and employee history. The information to be included is: employee application, copy of driver’s license and social security card and other pertinent information. I included an 18-point checklist in my driver files. Second, you should have your drug testing either done or scheduled by now. You will have to have your original results in your employee records and a copy in your pro-rate book. The long form of your DOT physical should also be included in your files. Your New Entrant Safety audit or DOT audit will occur within the first 18 months of your trucking business with operating authority. You will want to consult with Fleet Safety in order to be ready for this audit and to pass it. Please see my blog on 6/22/09 for more information. Third, your most recent truck and trailer inspection form should be in your files also. You can have these done at any truck stop that offers truck repairs, such as the TA or the Flying J. You will have to perform this inspection yearly whether you have INTERstate or INTRAstate trucking authority. With INTERstate trucking authority, you will have to have your log books audited monthly as if you were working as an employee of any other trucking business. INTRAstate trucking authority only requires time sheets if traveling under 100 miles per day. If over that limit, you will need to keep logs also. In this economy, it helps to save money. One of the ways to save is to get trucking authority by doing most of the steps yourself. I hope you enjoyed the read. Remember! Be safe out there.