Carrier Responsibility to Review and Documentation of Drivers Hours
Motor carrier officials and new aspirant applicants may receive fraudulent and misleading solicitations from service providers or tertiary political party administrators by telephone, e-mail, text, and United states of america Mail. These businesses are able to go your company's information when you lot submit an application or update your data with the Federal Motor Carrier Safety Administration (FMCSA) considering your basic carrier information is publically available.
With a few exceptions, New York Country has adopted Part 395 
of Title 49 of the Code of Federal Regulations. Delight refer to the FMCSA Spider web site regarding limitations and record keeping requirements for your drivers.
- May drive a maximum of xi hours later 10 consecutive hours off duty.
- May not drive beyond the 14th hour afterward coming on duty, following 10 consecutive hours off duty.
- May not bulldoze afterwards 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 sequent solar day period after taking 34 or more than consecutive hours off duty.
Drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus 2 sequent hours either in the sleeper berth, off duty, or any combination of the 2.
Record Keeping
As a general rule, drivers are required to go along a daily log book .
A driver may exist eligible for the 100 air mile exemption from keeping a daily log book. In order to use the exception, the driver must be released from duty within 12 consecutive hours and operate within 100 air miles from their normal work report location. Refer to CFR 49 Part 395 for the requirements of this exemption.
If your driver is non required to accept a CDL, this log book exemption can be used up to 150 air miles. Refer to CFR 49 Role 395 for the requirements of this exemption.
In gild to utilize either log book exemption, accurate time records must be kept showing:
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The time the commuter reports for work.
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The fourth dimension the driver is released from piece of work.
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The full hours the driver was on duty each twenty-four hours.
A time bill of fare or similar record is typically used to go on these information. These records must be retained at the motor carrier's office for at least half dozen months.
SampleTime Record for 100 air mile driver.
New Entrant Prophylactic Audit
All motor carriers, who receive a USDOT number for interstate transportation, must successfully complete a safety audit.
The purpose of the safety audit is to provide carriers with educational and technical assistance and to get together rubber data needed to make an assessment of their operation and the adequacy of their basic condom management controls. The inspect may take place at their business location or a NYSDOT office, or carriers may be required to upload documentation to NYSDOT, via a secure internet website.
Click Here to Upload and/or Become New Entrant Safety Audit Information
NYSDOT volition examine a sample of required records to appraise compliance with the Federal Motor Carrier Condom Regulations, applicable Hazmat Regulations, and related record-keeping requirements. The areas for review include but are non limited to, the following topics:
- Commuter Qualifications
- Hours of Service
- Vehicle Maintenance
- Insurance
- Blow Records
- Controlled Substance and Booze Testing
- Hazardous Material Transportation Requirements
Click on the link below to access Educational and Technical Assist Data on the compliance requirements for the operation of commercial vehicles.
FMCSA's Guide to Improving Highway Safety
For more than information nigh safety audits, visit the Federal Motor Carrier Condom Administration's New Entrant Web Page.
If yous received a letter requiring you to upload documentation for your safety audit, follow the directions in the letter of the alphabet and on the website denoted in the letter (Click Hither to Upload and/or Get New Entrant Condom Audit Information).
Commuter Qualification
One of the most important factors in ensuring prophylactic operations for your company is the qualification of your drivers. A thorough application and investigation must be fabricated of each applicant during the hiring procedure. Always remember that you, equally a motor carrier, are responsible for everything that your commuter does. Make sure that all of your drivers are well qualified and hire only the best!
Motor Carriers must maintain driver qualification files for each and every commercial motor vehicle driver. This applies to drivers of all sized trucks with a gross vehicle weight rating or gross combination weight rating (truck & trailer) over 10,000 lbs. Even if you lot are an owner/operator, you must maintain a driver qualification and (if applicable) a commuter investigation history file for yourself.
A Commuter Qualification file must include:
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The original abstract of the driver's driving record from the state. You must request this from all states in which the driver has held a motor vehicle operator's license or permit during the previous three years. Unremarkably, an abstruse is obtained from the Department of Motor Vehicles. You must obtain the driver/applicant's signature allowing you to check his driving tape. The first abstract must be completed inside 30 days of employment and should remain in the file
permanently.
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The certificate of the commuter'due south road test or equivalent (391.33)
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The commuter's medical certificate.
Later October 29, 2004, a commuter investigation history file must include:
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A copy of the written dominance(south) signed by the driver allowing the motor carrier to seek information regarding alcohol and controlled substance history from previous employers.
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A copy of the responses to the safety performance history requests. (You must check with all of the previous employers for the past 3 years.)
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If responses are not received, written documentation of proficient organized religion efforts to obtain the information. The safety performance history request must be completed within xxx days of employment.
In addition to the qualification information and investigations, you lot must check the driving records of all of your drivers at least once a twelvemonth. The post-obit must be in the driver qualification file:
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Annual abstract of the driver's driving record-from the land.
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Annual certificate of violations- signed past the commuter.
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Almanac review of the driver's driving record- signed by the motor carrier.
Sample of Annual document of violations and review of the driver'southward driving tape
The annual abstract, certificate of violations, and motor carrier review of driving tape must exist kept in the driver qualification for three years.
Sample forms required to complete a Commuter Qualification and Investigation History file can be viewed here.
License Upshot Notification Service
The New York Country Section of Motor Vehicles has fabricated information technology easy for you to go along track of your driver'south driving record and to obtain the required almanac abstruse for each of your drivers.
LENS is a data service that gathers information daily from the DMV'southward commuter license file, and and then reports new information to you. LENS enables y'all to monitor the New York State license records of all of your drivers!
It's fairly inexpensive and well worth it! For more information, visit the LENS Web site.
Hazardous Material Transportation
If you lot transport chancy materials, in improver to the general safety regulations, you are subject to federal requirements found in 49 CFR Parts 100 through 199. These regulations cover items such equally shipping papers, mark and labeling of packages, placarding of vehicles, and the proper packaging to apply for hazardous materials. These regulations are all-encompassing and discipline to change frequently. It is imperative that you sympathise what the requirements are for transporting these materials. As always, yous must refer to the regulations for specific information regarding compliance. The following items are general guidelines on what we will audit when y'all are transporting chancy materials.
Shipping Papers
Almost all hazardous materials shipments must exist accompanied by aircraft papers that incorporate specific information, including:
- Proper Aircraft Proper noun of the Cloth
- Hazard Class
- Identification Number
- Packing Group (PG) of the Material, if applicable
- Full Quantity
- Emergency Telephone Number
- Emergency Response Information
Marker
- Proper Shipping Name and Identification Number on non-bulk packages
- Identification Number on bulk packages
Labeling
Labels identifying primary and secondary hazards (if applicable) on not-majority packages.
Placards
- Placards identifying principal and secondary hazards (if applicable) on vehicles and majority packages
- When placards are required on a vehicle, they must be displayed on all four (4) sides of the vehicle
- An empty cargo tank or portable tank which has been emptied of hazardous materials must remain placarded unless information technology has been cleaned of rest and purged of vapors, or has been refilled with a cloth which does not require placards
- Containers used to transport hazardous materials must be built to Usa Department of Transportation (USDOT) specifications and properly marked and maintained every bit such (includes everything from cardboard boxes to cargo tanks).
At that place may be additional requirements or exceptions to these items, depending upon the material being transported, and the amount of material in each bundle. Also, be enlightened that while some requirements are the initial responsibility of the shipper of hazardous materials, final responsibility falls on the carrier to ensure that hazardous materials are transported in compliance with the regulations.
Commercial Driver License (CDL)
If the grade or amount of hazardous materials beingness transported requires the vehicle to be placarded, a Commercial Commuter License with an "H" endorsement is required. This is truthful even if the vehicle is of a size not otherwise requiring the driver to take a Commercial Driver License. Additionally, if the vehicle has a tank (either permanently or temporarily attached) which has a chapters of 1,000 gallons or more, and is used to ship hazardous materials, a combination of the hazardous cloth endorsement "H" and tank endorsement "N" or "Ten" endorsement, is required.
Driving and Parking
In improver to the general traffic laws which use to all drivers, special rules apply to the driving and parking of vehicles transporting hazardous materials. These rules are set forth in 49 CFR Part 397.
Hazardous Materials Registration
If yous are a shipper or a carrier operating in strange, interstate or intrastate commerce transporting hazardous materials, you lot may be required to register with the USDOT, in accordance with 49CFR Part 107.601. A registration argument must be submitted to the USDOT and the appropriate fee must be paid if you offer for transportation or send:
- Any highway route-controlled quantity of a Grade 7 (radioactive) material, as defined in 49CFR 173.403;
- More than than 55 pounds (25 kilograms) of a Sectionalization i.ane, 1.2, or 1.3 (explosive) material (see 49 CFR 173.l) in a motor vehicle, rail car, or freight container;
- More than i.06 quarts (one liter) per package of a material extremely toxic by inhalation (Division 2.iii, Take a chance Zone A, or Partition 6.1, Packing Grouping I, Chance Zone A) (see 49 CFR 173.115 and 173.132);
- A hazardous material in a bulk packaging (see 49 CFR 171.8) having a chapters equal to or greater than iii,500 gallons (13,248 liters) for liquids or gases or more than 468 cubic feet (xiii.24 cubic meters) for solids; or
- A shipment, in other than a bulk packaging, of v,000 pounds (2,268 kilograms) gross weight or more of i class of hazardous materials (including hazardous wastes) for which placarding of a vehicle, rail motorcar, or freight container is required for that class (the term "shipment" as used in the registration regulations is limited to the hazardous material existence offered or loaded at one loading facility).
- A quantity of hazardous textile that requires placarding. The offering and transporting of hazardous materials past farmers in direct support of their farming operations are excepted from this category of activities requiring registration. For farther information on the Hazardous Materials Registration Program, contact the USDOT Pipeline and Hazardous Material Safety Administration at (202) 366-4109.
Incident Reporting
The unintentional release of chancy materials requires a detailed incident report to be submitted to the USDOT. More serious incidents may require immediate observe to the National Response Heart at (800) 424-8802.
Helpful Hazmat Links
Source: https://www.dot.ny.gov/divisions/operating/osss/truck/carrier
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