Dot Compliance

Drive change through education.
DOT BASIC COMPLIANCE WORKSHOPS
March 22 & 23 2016
Presented by: Don Jerrell & Jeff Swan

• Introduction
• Rules of the Game
• Self-Introduction
• Rules and Regulations
• Electronic Log Devices
• Driver Coercion
• CSA
• Forms
• Wrap-up
AGENDA

4
RULES OF THE GAME
4
• Deposits and Withdrawals
• The Power of a Team/Group Participation
• Confidentiality
• Avoid Side Conversations
• Cell Phones on Vibrate of Off
• Will Take Plenty of Breaks
• Be Team Players
• Sharing of Ideas
• End on Time
Tweet us!

• Part 382/40 - Controlled Substances and Alcohol Use and Testing
• Part 383 - Commercial Driver's License Standards; Requirements and Penalties (Wisconsin CDL
Requirements)
• Part 387 - Minimum Levels of Financial Responsibility for Motor Carriers
• Part 390 - General
• Part 391 - Qualifications of Drivers and Longer Combination Vehicle (LCV) Driver Instructors
• Part 392 - Driving of Motor Vehicles
• Part 393 - Parts and Accessories Necessary for Safe Operation
• Part 395 Trans 327 (Wisconsin) / Michigan Intrastate Hours of Service
• Part 396 - Inspection, Repair, and Maintenance
• Hazardous Material Regulations & MOT’s
• CSA
• Websites of Interest
TOPICS COVERED

PART 390: GENERAL
APPLICABILITY

Interstate:
Knowledge of and compliance with the regulations. (1) Every
employer shall be knowledgeable of and comply with all
regulations contained in this subchapter which are applicable to
that motor carrier's operations.
(2) Every driver and employee shall be instructed regarding, and
shall comply with, all applicable regulations contained in this
subchapter.
(3) All motor vehicle equipment and accessories required by this
subchapter shall be maintained in compliance with all applicable
performance and design criteria set forth in this subchapter.
PART 390 – GENERAL (APPLICABILITY)

PART 390.19 – FILING OF MCS-150

UPDATE MCS-150
Website address
Enter DOT # here
Click on below link

UPDATE MCS-150 – SCREEN SNAPSHOT
Click on this button & click on continue at bottom of the page

UPDATE MCS-150 – SCREEN SNAPSHOT
Click on File Electronically and complete the updating process

IMPORTANT!!!
AS A CARRIER YOU MUST UPDATE YOUR MCS-150 DURING
THE MONTH AND YEAR DESIGNATED OR YOUR US DOT# WILL
BE DEACTIVATED.

The vehicle marking must show:
• The legal name or single trade name of the company
operating the vehicle
• The motor carrier identification number, issued by the FMCSA
preceded by the letters “USDOT.”
• Display on the POWER UNIT.
• Visible from 50’ away.
Interpretation
Question 1: What markings must be displayed on a CMV when
used by two or more motor carriers?
Guidance: The markings of the motor carrier responsible for
the operation of the CMV must be displayed at the time of
transportation. If 2 or more names are on the vehicle, the name
of the operating motor carrier must be preceded by the words
"operated by."
PART 390.21 – VEHICLE MARKING

Interstate: Applicable (Same applicability as Part 382/40).
Only considers GVWR at this point.
Intrastate: Applicable (applicability differs slightly from
Interstate – adding actual weight and/or registered weight or
any combination of the three to determine CDL applicability)
PART 383 – CDL REQUIREMENTS

Class A:
For operation of a commercial motor vehicle. Any combination
of vehicles with a Gross Vehicle Weight Rating (GVWR), actual
weight, or registered weight over 26,000 pounds provided the
GVWR, actual weight, or registered weight of the towed
vehicle(s) is more than 10,000 pounds.
WISCONSIN CDL REQUIREMENTS

Class B:
For operation of a commercial motor vehicle. Any single
vehicle with a GVWR , actual weight, or registered weight over
26,000 pounds, or such vehicle towing a vehicle with a GVWR,
actual weight, or registered weight of 10,000 pounds or less.

Class C:
vehicle with a GVWR, actual weight, or registered weight of
26,000 pounds or less, (or such vehicle towing a vehicle
less than 10,000 pounds) designed to or actually carrying
16 or more persons including the driver.

Class C:
vehicle with a GVWR, actual weight, or registered weight of
26,000 pounds or less, (or such vehicle towing a vehicle
less than 10,000 pounds) transporting hazardous materials
requiring placarding.

CDL ISSUES AND REMINDERS
• Understand the trailer weight, GVWR or registered weight
GREATLY impacts the Class A CDL requirement.
• Drivers with CDL’s are held to the OWI standard of the vehicle
they are driving. BUT if arrested/convicted they cannot obtain
an occupational CDL.
• Class D truck with air brakes? Good to go with a Class D
license but civilly the driver should have a clue.
• Pay attention to endorsements and restrictions: tanks,
transmissions, air brakes, intra, etc.
• Can a 26000# truck pull a 10000# trailer with a class D
drivers license?

Commercial motor vehicle means any self-propelled or towed motor vehicle
used on a highway in interstate commerce to transport passengers or property
when the vehicle…
• Has a gross vehicle weight rating or gross combination weight rating, or
gross vehicle weight or gross combination weight, of 10001# or more.
(Non-CDL CMV)
• In plain words, the above sections apply to all CMV’s. Drug and alcohol
testing (and CDL) apply only to the previously described CMV’s. The
difference is seen when the weight is added, not just the GVWR.
INTERSTATE APPLICABILITY OF PARTS
387, 390, 391, 392, 393, 395 & 396
(ALL THE REST OF THE FMCSR’S)

(2) Is designed or used to transport more than 8 passengers
(including the driver) for compensation; or
(3) Is designed or used to transport more than 15 passengers,
including the driver, and is not used to transport passengers for
compensation.
387, 390, 391, 392, 393, 395 & 396

(4) Is used in transporting material found by the Secretary of
Transportation to be hazardous under 49 U.S.C. 5103 and
transported in a quantity requiring placarding under regulations
prescribed by the Secretary under 49 CFR, subtitle B, chapter I,
subchapter C.
387, 390, 391, 392, 393, 395 & 396

Part 382/40 – Controlled Substances and Alcohol Use and Testing
Commercial motor vehicle means a motor vehicle or combination of motor
vehicles used in commerce to transport passengers or property if the
vehicle…
• Has a gross combination weight rating of 26,001 or more pounds
including a towed unit with a gross vehicle weight rating of more
than 10,000#. Class A combination CMV.
• Applies both inter and intrastate.
WHO IS SUBJECT

Commercial motor vehicle means a motor vehicle or combination
of motor vehicles used in commerce to transport passengers or
property if the vehicle…
• Has a gross vehicle weight rating of 26,001 or more
pounds Class B straight truck by itself or with a trailer
10,000# or less.
• Applies both inter and intrastate.
WHO IS SUBJECT

• Is designed to transport 16 or more passengers, including
the driver.
• WI statutes add “actually carrying” to the passenger
endorsement section.
WHO IS SUBJECT

• Is of any size and is used in the transportation of
hazardous materials REQUIRING PLACARDS.
• MOT’s (discussed later) are NOT included.
WHO IS SUBJECT

Reminder…
Applies to both intrastate and
interstate operation!!!
PART 382/40 CONTROLLED SUBSTANCES AND
ALCOHOL USE AND TESTING

PART 382/40 – TYPES OF CONTROLLED SUBSTANCE
TESTS
• *Effective 1/1/16 the FMCSA has reduced the random drug testing rate to 25%

PART 382/40 – TYPES OF CONTROLLED
SUBSTANCE TESTS

PART 382/40 - CONTROLLED SUBSTANCE
TEST – RECORD RETENTION

DRUG AND ALCOHOL POLICY
a) General requirements. Each employer shall provide educational
materials that explain the requirements of this part and the
employer's policies and procedures with respect to meeting these
requirements.
1) The employer shall ensure that a copy of these materials is
distributed to each driver prior to the start of alcohol and
controlled substances testing under this part and to each driver
subsequently hired or transferred into a position requiring driving
a commercial motor vehicle.
2) Each employer shall provide written notice to representatives of
employee organizations of the availability of this information.

b) Required content. The materials to be made available to drivers shall include detailed
discussion of at least the following:
1) The identity of the person designated by the employer to answer driver questions
about the materials;
2) The categories of drivers who are subject to the provisions of this part;
3) Sufficient information about the safety-sensitive functions performed by those
drivers to make clear what period of the work day the driver is required to be in
compliance with this part;
4) Specific information concerning driver conduct that is prohibited by this part;
5) The circumstances under which a driver will be tested for alcohol and/or controlled
substances under this part, including post-accident testing under § 382.303(d);
6) The procedures that will be used to test for the presence of alcohol and controlled
substances, protect the driver and the integrity of the testing processes, safeguard
the validity of the test results, and ensure that those results are attributed to the
correct driver, including post-accident information, procedures and instructions
required by § 382.303(d);

7) The requirement that a driver submit to alcohol and controlled substances tests
administered in accordance with this part;
8) An explanation of what constitutes a refusal to submit to an alcohol or controlled
substances test and the attendant consequences;
9) The consequences for drivers found to have violated subpart B of this part, including the
requirement that the driver be removed immediately from safety-sensitive functions, and
the procedures under part 40, subpart O, of this title;
10) The consequences for drivers found to have an alcohol concentration of 0.02 or greater but
less than 0.04;
11) Information concerning the effects of alcohol and controlled substances use on an
individual's health, work, and personal life; signs and symptoms of an alcohol or a
controlled substances problem (the driver's or a co-worker's); and available methods of
intervening when an alcohol or a controlled substances problem is suspected, including
confrontation, referral to any employee assistance program and/or referral to management.

c) Optional provision. The materials supplied to drivers may also include
information on additional employer policies with respect to the use of
alcohol or controlled substances, including any consequences for a driver
found to have a specified alcohol or controlled substances level, that are
based on the employer's authority independent of this part. Any such
additional policies or consequences must be clearly and obviously
described as being based on independent authority.
d) Certificate of receipt. Each employer shall ensure that each driver is
required to sign a statement certifying that he or she has received a copy
of these materials described in this section. Each employer shall maintain
the original of the signed certificate and may provide a copy of the
certificate to the driver.

PART 382.601 – DRUG AND ALCOHOL
Reasonable Suspicion Training
§ 382.603: Training for supervisors.
Each employer shall ensure that all persons designated to supervise
drivers receive at least 60 minutes of training on alcohol misuse and
receive at least an additional 60 minutes of training on controlled
substances use. The training will be used by the supervisors to
determine whether reasonable suspicion exists to require a driver to
undergo testing under § 382.307. The training shall include the
physical, behavioral, speech, and performance indicators of probable
alcohol misuse and use of controlled substances. Recurrent training
for supervisory personnel is not required.

VENDOR SOLICITATIONS
DOT #1052826, ACE ELECTRIC SEWER CLEANERS,
Mandatory DOT supervisor training !!!
Dot Service Locator <Info@dotservicefinder.com> Mon, Feb 22, 2016 at 3:31 AM
Reply-To: Dot Service Locator <Info@dotservicefinder.com>
To: NORMAN KEEKER <jeffreyswan82@gmail.com>
NORMAN,
Mandatory DOT supervisor training is required for
those supervising CDL licensed operators of
vehicles over 26,000 lbs. gross weight.
www.DotServiceFinder.com
Hablamos Espanol !! 318-550-3405
Thanks,
Kelly Williams
Click Here To Unsubscribe:
http://DotServiceFinder.com/unsubscribe.php?em
ail=jeffreyswan82@gmail.com

DRUG AND ALCOHOL TESTING ISSUES
AND REMINDERS
• Random means random. Avoid patterns (every safety meeting) and when
you send an employee in do so immediately. (No warnings) On duty time
to and from as well.
• Who has contact with the drivers? Is your most appropriate supervisor the
reasonable suspicion designee?
• Out of the pool for more than 30 days? You need a new PE test.
• Drivers have to “go when they go” or it’s a refusal. Shy bladders cause big
issues when drivers are on a tight schedule and leave the facility.
• Are you sure you are in a program? Have you paid your testing
consortium? Have you been attentive to the requests?
• Good “signed off” policies = less issues with unemployment.
• + Tests require referral to the SAP (a good SAP list) even if you are
terminating the driver. This includes PE, roadside OWI cases and refusals.

PART 391: DRIVER QUALIFICATIONS

Interstate: Applicable
Intrastate: Applicable - same as Interstate except:
1. Only for vehicles with a gross vehicle weight rating or
gross combination weight rating of 26,000lbs or more
versus 10,001lbs or more for interstate.
2. Passenger capacity must be greater than 15.
3. No need to be at least 21 years of age (18 is OK)
4. Can operate with insulin dependent diabetes as long as
you meet the State of Wisconsin waiver requirements.
5. Can operate with vision issues as long as you meet the
State of Wisconsin waiver requirements.
PART 391 – QUALIFICATIONS FOR DRIVERS AND LONG
COMBINATION VEHICLE (LCV) DRIVER INSTRUCTORS

PART 391 – QUALIFICATIONS FOR DRIVERS AND LONG COMBINATION
VEHICLE (LCV) DRIVER INSTRUCTORS
WHAT GOES IN A DQ FILE?
• Driver’s application
• Pre-employment questionnaire (if not included in the application) DO NOT
FORGET TO CONDUCT THE PE INQUIRIES AND FULLY DOCUMENT THE RESULTS!
Failure = BIG fines as the FMCSA will hold you accountable if a DQ driver is used.
• The initial MVR
• Certificate of road test (not required if the driver had to take a road test to
obtain their CDL.) BUT don’t forget your non-CDL drivers!
• The MVR used for the annual review
• Certificate of violations
• Annual review
• If you have a driver with a medical exemption, then the skill performance
evaluation certificate or the medical exemption document should be included
• Medical card

FEDERAL MEDICAL CERTIFICATE AND YOUR COMMERCIAL DRIVER
LICENSE (CDL) – WHAT YOU NEED TO KNOW
TIERS of Operation
• Tier 1 - You drive interstate (you or your cargo crosses state lines) and you need
a Fed Med card to drive a commercial vehicle.
• Tier 2 - You drive interstate (you or your cargo crosses state lines) and you do
not need a Fed Med card to drive a commercial vehicle because of one of the rare
exemptions (farmers in straight trucks, bee keepers etc.)
• Tier 3 - You drive intrastate (you or your cargo does not cross state lines) and
you need a Fed Med card to drive a commercial vehicle. (CDL obtained after
7/1996)
• Tier 4 - You drive intrastate (you or your cargo does not cross state lines) and
you do not need a Fed Med card to drive a commercial vehicle because you are
grandfathered. (CDL obtained prior to 7/1996 and never lost it)
https://www.youtube.com/watch?v=c04SO57b8aM

FEDERAL MEDICAL CERTIFICATE AND YOUR COMMERCIAL DRIVER
LICENSE (CDL) – WHAT YOU NEED TO KNOW

FED MED CARDS ADDITIONAL INFORMATION
• Recent additions: For each medical card issued after May 21, 2014, you are
required to verify that the medical examiner is listed on the National Registry of
Certified Medical Examiners and add a note to the file.
• For every medical card issued after January 30, 2015, you need to have an MVR
on file for that driver. Make sure the MVR (referred to as the CDLIS motor
vehicle record in the regulations) includes the tier the driver is self-certifying
for along with the examining physician’s information (including name and
medical certification number).
• If you are TIER 1 keep up. Don’t assume that by driving intra all will be fine.
Give DMV time to process your new card and check to see it happened. Don’t
ASSume!
• Carry it. FMCSR’s might say you don’t have to, but do so. If intra TIER 3 YOU
MUST CARRY IT!!

ENTRY LEVEL DRIVER TRAINING (ELDT)
• Currently in the NPRM stage and will be reviewed by a negotiated
rulemaking committee comprised of LE and industry stakeholders.
Effective 3 years following publication.
• Applies to first time CDL applicants (intra or inter), current CDL
holders upgrading from Class B to Class A and disqualified drivers
re-applying for a Class A or B CDL.
• The NPRM proposes a Class A CDL core curriculum; a Class B CDL
core curriculum; three specific endorsement training curricula:
hazardous materials (H), passenger bus (P), and school bus (S);
and a “refresher” training curriculum. The NPRM also proposes that
a CDL holder who has been disqualified from operating a CMV
would have to successfully complete refresher training.

ELDT
Training Requirements (Proposed)
• Class A CDL driver-trainees would have to receive a minimum
of 30 hours of BTW training, with a minimum of 10 hours on a
driving range. Driving on a public road would also be required,
and Class A CDL driver-trainees may fulfill this requirement by
either: (1) driving 10 hours on a public road, or (2) 10 public
road trips (each no less than 50 minutes in duration).
• Class B CDL driver-trainees would have to receive a minimum
of 15 hours of BTW training, with a minimum of 7 hours of
public road driving.

ELDT
Training?
• As proposed, individuals needing the training would enroll in training programs
approved on the training provider registry (TPR). This could include training
programs at public or private schools, or other entities such as a motor carrier that
meets all of the proposed requirements for listing on the TPR.
• There are two different sets of eligibility requirements that training providers would
need to meet in order to appear on the TPR. One set of proposed requirements
would apply to in-house or school training providers that train, or expect to train,
more than three drivers per year. The other set would pertain to small business or
for-hire training providers that train, or expect to train, three or fewer drivers per
year. All training providers would complete the Training Provider Identification
Report as part of their application for registration. As proposed, theory and BTW
training may be delivered individually.

PART 392: DRIVING OF
MOTOR VEHICLES
(The FMCSA’s Rules of the Road)

Interstate: Applicable
Use of Seatbelts
Why? Because the State laws are generally more detailed and
varied than the FMCSR’s concerning seatbelts. The FMCSR’s
currently only speak to the driver’s use of a seatbelt. This
may be changing in the future for CMV passengers. The
FMCSR’s also provide for primary enforcement in CMV’s
where some states do not.
PART 392 – DRIVING OF MOTOR VEHICLES

PART 392 – DRIVING OF MOTOR VEHICLES

TEXTING
• Prohibition. No driver shall engage in texting while driving.
• Motor carriers. No motor carrier shall allow or require its drivers to engage in
texting while driving.
• Definition. For the purpose of this section only, driving means operating a
commercial motor vehicle, with the motor running, including while temporarily
stationary because of traffic, a traffic control device, or other momentary
delays. Driving does not include operating a commercial motor vehicle with or
without the motor running when the driver moved the vehicle to the side of, or
off, a highway, as defined in 49 CFR 390.5, and halted in a location where the
vehicle can safely remain stationary.
• (d) Emergency exception. Texting while driving is permissible by drivers of a
commercial motor vehicle when necessary to communicate with law
enforcement officials or other emergency services.

CELL PHONES
• No driver shall use a hand-held mobile telephone while driving a CMV.
• No motor carrier shall allow or require its drivers to use a hand-held mobile
telephone while driving a CMV.
• Definitions. For the purpose of this section only, driving means operating a
commercial motor vehicle on a highway, including while temporarily stationary
because of traffic, a traffic control device, or other momentary delays. Driving
does not include operating a commercial motor vehicle when the driver has
moved the vehicle to the side of, or off, a highway and has halted in a location
where the vehicle can safely remain stationary.
• Emergency exception. Using a hand-held mobile telephone is permissible by
drivers of a CMV when necessary to communicate with law enforcement
officials or other emergency services.
• Keys to use? HANDS FREE/ONE BUTTON/WITHIN REACH!

OTHER PART 392 PROHIBITIONS
• Ill or fatigued operators (Not you or the carrier requiring)
• Drug and alcohol consumption OR possession (Non-CDL too!)
• Speed (Carrier cannot compel a driver either!)
• Driver must inspect and make sure systems are working and loads are
properly secured (Places responsibility on the driver!)
• Warning devices: Responsibility is transferred to the DRIVER for
placement (two lane vs. divided highway) as well as in obstructed view
situations.
• Unauthorized persons (Written permission no longer needs to be in the
truck but that does not mean the regulation no longer exists)
• Radar detector possession
• Riding in a closed body of a CMV without exit

PART 393 AND 396
• PART 393 covers all the hardware (lights, brakes and
everything from stem to stern)
• PART 396 tells us how to maintain, when to maintain and
what paperwork is required to prove we maintain

Interstate: Applicable CMV’s both CDL and non-CDL
WI - Brakes are not required on all wheels if the vehicle was
placed in operation in common, contract, or private
carriage prior to 6-1-1987.
MI - Less than 15000# allows surge brakes.
PARTS 393 AND 396 INSPECTION, REPAIR
AND MAINTENANCE

PART 393
• Part 393 is extremely detailed and provides graphs as well as pictures to
represent what equipment is required where. Carriers and mechanics must refer
to the regulation and its associated interpretation when researching issues.
• Extras: The use of additional equipment or accessories in a manner that
decreases the safety of operation of a commercial motor vehicle in interstate
commerce is prohibited. Nothing contained in this subchapter shall be
construed to prohibit the use of additional equipment and accessories, not
inconsistent with or prohibited by this subchapter, provided such equipment
and accessories do not decrease the safety of operation of the motor vehicles
on which they are used.
• Liability: Every motor carrier and its employees must be knowledgeable of and
comply with the requirements and specifications of this part.

PART 396 – INSPECTION, REPAIR
AND MAINTENANCE

PART 396 – INSPECTION, REPAIR AND MAINTENANCE
*NOW ONLY REQUIRED WHEN A DEFECT IS DETECTED!!

PART 396 – INSPECTION, REPAIR
AND MAINTENANCE
Do your mechanics know what Appendix G is and where it can be found?

APPLICABILITY
• Interstate commerce utilizing CDL required CMV’s as well
as non-CDL CMV’s 10,001# or more (weight or GVWR).
PART 395 – INTERSTATE HOURS OF SERVICE

PART 395– HOURS OF SERVICE
Interstate Hours of Service (HOS) – 11 & 14 Hour Rule
• 395.3(a) No motor carrier shall permit or require any driver used
by it to drive nor shall any driver drive:
 More than 11 cumulative hours following 10 consecutive
hours off duty.
 For any period after the end of the 14th hour after coming on
duty following 10 consecutive hours off duty
 34 hour restart (once again applies pending study )
 No current 1A to 5A requirement (Rescinded 12/15/14
waiting restart study)
 30 minute break must be documented after 8 on duty
and/or driving

Interstate Hours of Service (HOS) – 60 & 70 Hour Rule
• 395.3(b) No motor carrier shall permit or require any driver
used by it to drive nor shall any driver drive:
 After having been on duty for 60 hours in any 7
consecutive days, if the motor carrier does not
operate every day of the week.
consecutive days, if the motor carrier operates every
day of the week.

TRANS 327 – HOURS OF SERVICE (WISCONSIN)
*APPLIES ONLY TO CDL VEHICLES
WI Intrastate Hours of Service (HOS) – 12 & 16 Hour Rule
• 327.03 / 327.05 No motor carrier shall permit or require any
driver used by it to drive nor shall any driver drive:
 More than 12 cumulative hours (not consecutive)
following 10 consecutive hours off duty.
 For any period after the end of the 16th hour after
coming on duty following 10 consecutive hours off duty

TRANS 327 – HOURS OF SERVICE (WISCONSIN)
Intrastate Hours of Service (HOS) – 70 & 80 Hour Rule
• Trans 327.03 327.05 No motor carrier shall permit or require
any driver used by it to drive nor shall any driver drive:
consecutive days
consecutive days
 No graph grid requirement
 No 34 reset or 30 minute break
 150 mile log book exemption

MICHIGAN INTRASTATE HOS
Mirrors the FMCSA HOS Regulations except:
Intrastate Exemptions
Michigan public act 181 of 1962, sec. 480.15
• Non-CDL drivers
• Government employees driving CMV’s operated by a unit of
government
• Utility service vehicle drivers
• Michigan intrastate farm vehicle drivers

ILLINOIS INTRASTATE
Adopts in full Parts 40, 380, 382, 383, 385, 386, 387, 390,
391, 392, 393, 395 with below exceptions, 396 and 397.
Intrastate Exemptions
(Illinois 625 ILCS 5/18b-100)
• Covered Farm and Utility Service mostly exempt for HOS
• 21 YOA requirement and insulin dependent or visual acuity
standards in 391
• No RODS within 150 air miles of normal work reporting
location
• 12/15 and 8 hours off for contract carriers transporting
employees in a 15 or fewer passenger vehicle (designed)
• More specific intermodal trailer responsibility for the
provider

Interstate & Intrastate Hours of Service (HOS)
• If a driver goes interstate he is subject to interstate laws for
the preceding 7 days and the 7 days that follow the interstate
trip.
 Note: The driver may abide by intrastate hours of service
in the preceding days to the interstate trip but all the
hours will still count against the interstate 60/70 hour
rules.

PART 395– HOURS OF SERVICE 16
HOUR EXEMPTION
A property-carrying driver can extend to a 16 hour “on duty” period if:
• The driver has returned to the driver's normal work reporting
location and the carrier released the driver from duty at that location
for the previous five duty tours the driver has worked
• The driver has returned to the normal work reporting location and
the carrier releases the driver from duty within 16 hours after
coming on duty following 10 consecutive hours off duty
• The driver has not taken this exemption within the previous 6
consecutive days, except when the driver has begun a new 7- or 8-
consecutive day period with the beginning of any off-duty period of
34 or more consecutive hours as allowed by §395.3(c) (34 reset)

100/150 Air–Mile Radius Driver §395.1(e)
A driver is not required to create a standard log if the following criteria are met:
• 100 air miles from work reporting location (150 for non-CDL drivers)
• The driver leaves and returns to original work reporting location in 12 hours.
• 10 consecutive hours off duty separating each 12 hours on duty
• does not exceed 11 hours maximum driving time following 10 consecutive hours
off duty
• The motor carrier maintains time records for 6 months showing:
 The time the driver reports for duty each day
 The time the driver is released from duty each day
 Total number of hours on duty each day, and
 Total time on duty for the preceding 7 days for drivers used for the first
time or intermittently.
• A 100 air–mile radius driver is not exempt from the 11, 14, and 60–hour/7–day
or 70-hour/8–day limit.
• 100 air miles are equivalent to 115.08 statute miles. 150 = 121.08

HAZARDOUS MATERIALS OF TRADE
(MOT’S)

HM MOT’S (EXEMPTIONS)
• The regulations that apply to MOTs are found in 49 CFR Section 173.6. They
include:
• •general knowledge of MOTs regulations; •quantity limitations; •packaging
requirements; and •marking and labeling requirements.
• The MOTs regulations do not require: •shipping papers; •emergency response
information; •placarding; or •formal training or retention of training records.
• What Quantity Limits Apply for Hazardous Materials being Transported as
MOTs?
• With the exception of tanks containing diluted mixtures of Class 9 materials,
no more than a combined gross weight of 440 lbs. of Materials of Trade can be
transported on any one vehicle. This includes the package or cylinder.

PART 387: FINANCIAL
RESPONSIBILITY

Interstate/Intrastate: Applicable
PART 387 – MINIMUM LEVELS OF FINANCIAL
RESPONSIBILITY FOR MOTOR CARRIERS

Type of carriage
Commodity transported January 1, 1985
(1) For–hire (In interstate or foreign commerce, with a gross
vehicle weight rating of 10,001 or more pounds).
Property (nonhazardous) $750,000
(2) For–hire and Private (In interstate, foreign, or intrastate
commerce, with a gross vehicle weight rating of 10,001 or
more pounds).
Hazardous substances, as defined in 49 CFR 171.8 transported in cargo
tanks, portable tanks, or hopper-type vehicles with capacities in excess of
3,500 water gallons; or in bulk Division 1.1, 1.2, and 1.3 materials, Division
2.3, Hazard Zone A, or Division 6.1, Packing Group I, Hazard Zone A
material; in bulk Division 2.1 or 2.2; or highway route controlled quantities
of a Class 7 material, as defined in 49 CFR §173.403
$5,000,000
(3) For–hire and Private (In interstate or foreign commerce: in
any quantity; or in intrastate commerce, in bulk only; with a
gross vehicle weight rating of 10,001 or more pounds)
Oil listed in 49 CFR 172.101; hazardous waste, hazardous materials and
hazardous substances defined in 49 CFR 171.8 and listed in 49 CFR
172.101, but not mentioned in (2) above or (4) below
$1,000,000
(4) For–hire and Private (In interstate or foreign commerce,
with a gross vehicle weight rating of less than 10,000 pounds).
Any quantity of Division 1.1, 1.2, or 1.3 material; any quantity of Division
2.3, Hazard Zone A, or Division 6.1, Packing Group I, Hazard Zone A
material; or highway route controlled quantities of a Class 7 material as
defined in 49 CFR 173.403
$5,000,000
Part 387.9

Important and often forgotten requirement:
Q: If I’m a private carrier (landscaper, mason, welder etc.)
operating a non-CDL CMV in interstate commerce AND I carry a
can of gasoline, mixed gas, diesel, cylinder of propane or
acetylene etc. in the trailer, what is my required level of insurance?
A: $1,000,000

ELD PROPOSAL
• Published March of 2014
• What’s covered?
 ELD use
 ELD technical standards
 ELD registry
 Harassment protections
 Supporting documents
• Final rule closely matches proposal
 If you know and understand the proposal, you already
know and understand the Final Rule!

ELD FINAL RULE
• Preview published 12/10/15
• Actual Final Rule published 12/16/15
• What’s covered
 ELD use
 ELD technical standards
 ELD certification
 Harassment protections
 Supporting documents

ELD USE – WHO
• Requires all drivers that are required to complete logs to
begin using ELDs two years after final rule published
(12/18/2017) or current AOBRDs users 12/16/2019
• CMV drivers involved in interstate commerce and subject to
logging requirements in Part 395
• WI does adopt the rule by inference in TRANS 327 but
TRANS 327 is being re-written and a decision to exclude or
include ELD’s will be made prior to December of 2017 for
intrastate CDL drivers
• Does not prohibit others not required to use ELD’s from
using ELD’s

ELD EXCEPTIONS
• The following drivers are not required to use ELD’s:
• Drivers who use paper logs no more than 8 days during any
30-day period.
• Drive-away-tow-away drivers (transporting an empty
vehicle for sale, lease, or repair).
• Drivers of vehicles manufactured before model year 2000.
(1999 VIN)

NOT EXCEPTED
• Small fleets
• Existing vehicles (does not only apply to “new vehicles
going forward”)
• “Small” CMV vehicles (non-CDL vehicles)
• Passenger carriers
• Leased or rented vehicles
• Lease or temp drivers
• “Non-trucking” motor carrier entities

OLD VERSUS NEW DEVICE STANDARDS
• AOBRD can be installed until 12/18/17 and used until
December of 2019.
• Only ELDs can be installed after 12/18/17
• An AOBRD installed before the ELD compliance date is
considered “grandfathered.” Drivers and carriers may
continue to use an AOBRD instead of an ELD for a period of
four years from the publication of the final rule.
• Note that an AOBRD that has been updated and meets the
standards for an ELD, including certification registration on
FMCSA’s website, is not considered a grandfathered AOBRD.
It is considered an ELD.

LIST OF CERTIFIED DEVICES
• As of 12/18/17 all devices installed must be on FMCSA’s
registered ELDs list. Available 2/16/16 on the FMCSA site:
https://www.fmcsa.dot.gov/hours-service/elds/equipment-
registration
• Vendors must “self-certify” and provide materials to FMCSA
• If a complaint is filed about a device, FMCSA will address it
with vendor before removing vendor from list

USERS AND PLACEMENT
• Motor carriers must set up ELD user accounts for carrier-
employed commercial drivers who are required to use ELDs.
• Support personnel (including employees, contractors and
third-party support) whom the carrier authorizes to create,
remove, and manage user accounts; configure ELDs; and
access, review, and manage driver ELD records.
• Portable devices must be mounted when vehicle is in
operation

IN VEHICLE REQUIREMENTS FOR DRIVERS
• ELD User’s Manual
• Instruction sheet for transferring HOS records to safety
officials
• Instruction sheet on reporting ELD malfunctions &
recordkeeping procedures during ELD malfunctions
• A supply of paper tracking forms (grid graphs) for at least 8
days, in case of ELD malfunction.

DRIVERS SHOULD KNOW
• How to Log in
• Assign unassigned driving hours
• Record duty status changes
• Edit records
• Annotate records
• Certify records
• Access RODS data
• Provide ELD display, printout (if available), and send a copy
of the printout via email or fax to inspectors
• Identify and fix data diagnostics
• Report ELD malfunctions

DRIVER ENTRIES
• Non-driving duty status
• Location (if prompted by device)
• CMV and trailer numbers
• Shipping document/shipper commodity information
• Annotations, comments, and edits

DRIVERS AND UNASSIGNED DRIVING MILES
• Drivers must be able to account for all unassigned driving miles! This is a
key component to the ELD rule and will be scrutinized thoroughly by
enforcement personnel.
• The ELD must warn the driver if the vehicle is moving and no driver is
logged in.
• Unassigned driving time in the system must be dealt with by the carrier
• Unassigned miles must be visible at the roadside inspection
• Driver must annotate the record if the unassigned hours are not theirs
• Drivers must add the unassigned hours to your records if they are yours
• Recording changes of duty status BEFORE powering down is the best
practice to help limit edits/annotations, and avoid potential ELD
malfunctions

ELD’S AND EDITS
• Edits are limited with ELDs
• Driving time cannot be changed.
• Edits are only supposed to be used to add missing
information or correct mistakes.
• Annotations are used to provide explanations for records,
or to give the reason for an edit
• Best practice is to limit edits/annotations, and avoid
potential ELD malfunctions
• Certify edits only if they are correct/true.
• Reminder… Law enforcement will be trained to recognize
edits and look for unassigned miles.

ELD’S AND EDITS
• Drivers may edit and enter missing information
• Driver edited logs must be recertified and resubmitted by
the driver
• Supervisors can request edits to logs, however, driver needs
to approve and resubmit
• “Reason for edit” must be included in all changes
• All records related to the edit (original, updated, comments,
etc.) must be retained

CARRIER RETENTION
• Retain ELD data and backup on separate systems
• 6 months retention for ELD and backup data
• Secure storage to protect driver privacy

DATA CAPTURE
The ELD must capture a “data set” at vehicle startup and
shutdown, at all duty changes, once per hour while the
vehicle is in operation, and when entering or ending a “special
driving period.”

DATA SETS
• Date and time
• Location which is accurate to within 1 mile (on duty driving)
or 10 miles (personal conveyance / off duty driving)
• Engine hours (Engine hours provide a cross-check to verify
the odometer data collected)
• Driver
• Vehicle
• Carrier

DEFAULT DUTY STATUS
• Driving time must be automatically captured using vehicle
data at speeds of no more than 5 MPH
• Default to on duty time when stopped more than 5 minutes
after a 1 minute prompt to the driver
• All other non-driving duty changes must be made by the
driver
• Two “special driving categories:”
 Yard time (on-duty time)
 Personal use (off duty time)

IMPORTANT NOTE!!!
• New rule DOES NOT:
• Clarify “personal conveyance” issues
• Change any of the definitions of “on-duty time”
• Change any of the limits or exceptions in §395.1, §395.3, or
§395.5
• Allow for GPS derived data for mileage
• The ELD must be able to directly monitor the vehicle’s engine
operation to automatically capture engine power status (on or
off), vehicle motion, miles driven, and engine hours.

SUBMISSION OF RECORDS AND
COLLECTION BY FMCSA
• Drivers must “certify and submit” the ELD record for each 24-
hour period within 13 days (multiple off-duty days are allowed)
• No data transfer requirements for submitting. Carriers may
transmit over air (cell, Wi-Fi, hard wire or direct downloads)
• Only ELD-generated records with violations will be collected
during roadside inspections, safety audits, and other reviews.
• Records with violations will be uploaded in FMCSA’s MCMIS
database, as an attachment to the inspection or other report.
• In addition, only data required by the ELD rule will be
transferred to safety officials.

MALFUNCTIONS
• Driver must note malfunction and notify carrier within 24
hours
• Be prepared to reconstruct logs (current day and previous 7)
• Follow manufacturers instructions to resolve data
inconsistencies
• Carrier must repair or replace within 8 days

ROADSIDE INSPECTIONS
• Drivers must be able to hand officer device or printout if
requested
• Drivers must be able to provide electronic records to the
officer
• Safety officials will be able to select at least one wireless
transfer method (Web services or email) and one local
transfer method (thumb drive or USB2.0 or Bluetooth) for
each type of ELD.

ROADSIDE INSPECTIONS
• Officers’ laptops will receive the data and audit and display
it in “E-RODS”
• Back office files must provide records to investigators in
standard format as well

HARASSMENT
• Harassment involves using the data from the system to “force”
a driver to drive when ill or fatigued or out of hours
• Harassment is specific to ELD’s and not as general as the
coercion rule
• Drivers must approve all records (including edits and related
comments)
• Drivers must have access to all records in the ELD system
• Devices must have mute or volume control
• FMCSA establishes processes for dealing with harassment
complaints

SUPPORTING DOCUMENTS
• Motor carriers and drivers must comply with the rule's
supporting document requirements two years after the
publication date of the final rule. (12/17)
• Motor carriers must retain up to eight supporting documents
for each 24-hour period that a driver is on-duty.
• A driver is not required to retain any supporting documents in
the vehicle. However, a driver must show any supporting
documents that are in a vehicle to authorized safety officials on
request.

SUPPORTING DOCUMENTS DEFINED
(FIVE CATEGORIES)
• Bills of lading, itineraries, schedules, or equivalent documents
that show the starting and ending location for each trip
• Dispatch records, trip records, or equivalent documents
• Expense receipts related to “on-duty/not driving” periods
(meals, lodging, fuel, etc.)
• Fleet management system communication records
• Payroll records, settlement sheets, or equivalent documents
showing payment to a driver
• Drivers using paper RODS must also keep toll receipts – which
do not count toward the eight-document cap

SUPPORTING DOCUMENTS MUST INCLUDE
• Driver name (or a carrier-assigned identification number) on
the document or on another document that allows the
carrier to link the first document to the driver. The vehicle
unit number may also be used, if that number can be linked
to the driver.
• Date
• Location (including the name of the nearest city, town, or
village).
• Time

SUPPORTING DOCUMENTS
• 395.8(K)(1):(k) Retention of driver's record of duty status. (1)
Each motor carrier shall maintain records of duty status and
all supporting documents for each driver it employs for a
period of six months from the date of receipt.
• Q#10: Supporting documents are the records of the motor
carrier which are maintained in the ordinary course of
business and used by the motor carrier to verify the
information recorded on the driver’s record of duty status.
• The key difference is supporting documents are now defined
and require specific elements (like time!!)

DEFINED
• Coercion occurs when a motor carrier, shipper, receiver, or
transportation intermediary threatens to withhold work from, take
employment action against, or punish a driver for refusing to
operate in violation of certain provisions of the Federal Motor
Carrier Safety Regulations (FMCSRs), Hazardous Materials
Regulations (HMRs) and the Federal Motor Carrier Commercial
Regulations (FMCCRs). Coercion may be found to have taken place
even if a violation has not occurred.
• An common example of coercion is when a motor carrier terminates
a driver for refusing to accept a load that would require the driver to
violate the hours of service requirements.

ELEMENTS OF COERCION
The following must have occurred in order for coercion to have existed:
• A motor carrier, shipper, receiver, or transportation intermediary must
request a driver to perform a task that would result in the driver
violating certain provisions of the FMCSRs, HMRs, or the FMCCRs
• The driver must inform the motor carrier, shipper, receiver, or
transportation intermediary of the violation that would occur if the task
is performed, such as driving over the hours of service limits or creating
unsafe driving conditions
• The motor carrier shipper, receiver, or transportation intermediary must
make a threat or take action against the driver’s employment or work
opportunities to get the driver to take the load despite the regulatory
violation that would occur

FILING A COMPLAINT
• The Coercion Rule takes effect on January 29, 2016, at that time the
FMCSA will start accepting coercion complaints from drivers.
• Coercion complaints must be filed within 90 days of the alleged
coercion action.
When filing complaints, drivers should include as much supporting
information as possible, such as:
• Text messages or email exchanges between parties showing
coercion attempts as well as driver responses.
• Names of anyone who may witnessed the coercion attempt.
• To file a complaint with FMCSA drivers may contact the Division
Office located in the state where the complainant is employed or the
National Consumer Complaint Database.

EXAMPLES OF COERCION
• Firing or laying off a driver that has voiced an objection to violating the
FMCSR’s
• Decreasing dispatch opportunities, reducing pay, or reducing hours
• Reassigning the driver in such a manner as to impact promotion
prospects or income potential
• Withholding pay and or benefits
• Reassignment to less favorable shifts or routes; (moving the driver to
the “bottom” of the dispatch list after rejecting dispatch (if the driver
would not have otherwise moved to the bottom had the load been
accepted)
• Reporting negative information in an employment history or threatening
to make a negative report about the driver

COERCION VS. PROGRESSIVE DISCIPLINE
Key factors...
• Was there a violation of the FMCSR’s present that the carrier
was informed about at the time of the issue? In other words if
the driver cannot provide evidence that the carrier knowingly
was forcing him or her to violate, no issue, no case.
• When headed down the discipline road you must document
everything to protect yourself from false claims. (Most driver
complaints I fielded prior to this “new” regulation stemmed
from terminated drivers and HOS allegations.)
114

REMEMBER…
• Coercion CAN take place even if the violation never
occurred!!! This means the driver can refuse to go along with
the “coercion” and still have a case and file a complaint.
• In theory, the “lawful driver” will refuse to violate, make the
objection and file the complaint using his/her perceived
penalty or threat as evidence of coercion.
• Emails, texts, recordings and driver/witness statements will
be used to support driver claims.
• Violations are most commonly HOS issues but do not neglect
equipment and fatigued or ill driver problems as well as
drug/alcohol issues, CDL issues etc.

RESPONDING TO OBJECTIONS
• How you respond depends on the objection.
• Drivers with equipment objections need to identify if the
severity of the issues present and provide reasons they will
not operate. The regulation does not exclude any violations
of the FMCSR’s as part of coercion but in reality complaints
will have to consider the gravity of the violation(s) in
question.
• HOS and or Ill/Fatigued driver claims require the driver to
object on the basis of the hours violation or his/her physical
inability to drive. Remember the liability involved when a
driver makes the claim of being ill or fatigued! Document,
document, document!!
116

COERCION VS. HARASSMENT
• Harassment is very specific; harassment occurs when a driver
commits an HOS violation based on carrier actions that were related
to ELD use specifically.
• Harassment is action taken by a motor carrier that the carrier knew
(or should have known) would result in a driver violating the Hours
of Service (HOS) rules or a situation where the driver is operating
while ill or fatigued.
• The carrier’s action must be based on information from an ELD or
other technology used in combination with an ELD. FMCSA explicitly
prohibits a motor carrier from harassing a driver.
• Coercion elements need not be present, the intent of the
harassment rules were to specifically assist with the implementation
of ELD’s.

THINGS TO REMEMBER
Once a driver has objected:
• If the objection is such that transportation of the load would be a
clear violation of regulations, the driver should not be allowed to
transport a load.
• If the objection is such that dispatch cannot determine whether or
not a violation would clearly result, the driver should be instructed
that if he or she believes a violation would result, then the load
should not be transported.
• If the objection is such that the driver could clearly initiate the move
without a violation, then, if driver is subject to forced dispatch
considerations, the driver can be dispatched. But, clear instructions
should be given that in no event should the driver violate the
regulations even if it means a missed appointment.

REALITY… FROM AN ENFORCEMENT PERSPECTIVE
AND OPINION
• This rule is largely a “feel good” measure in an attempt to address the
past problems of uninvestigated driver complaints. (Complaints were
common each time I staffed the MCEIS line)
• Cases will be difficult to prove since this is a civil proceeding where
documents speak, not witnesses.
• “Good” carriers will probably worry the most and need to guard against
the disgruntled driver who was terminated for just cause.
• “Bad” carriers won’t care and neither will those drivers.
• Proving a case will require solid documentation and self incrimination by
carriers or evidence of same if the carrier doesn’t admit to the coercion.
• The largest liability will be exposed in crashes and the most aggressive
enforcement will take place in the aftermath of those crashes.
• As Aaron says… R E L A X and document, don’t violate or cause drivers
to do the same!
119

CSA OVERVIEW
• Learn the BASICs
• The SMS organizes carrier roadside inspection, crash, and
investigation information into seven BASICs
• DRIVERS! Your safety performance affects your company’s
SMS results—and your Pre-Employment Screening Program
(PSP) record
• The BASICs are a good way to remember many of the safety
rules you must follow

CSA OVERVIEW
• FMCSA maintains several websites that provide easy access
to valuable safety-related information. Carriers only need a
USDOT number and PIN # to perform a search. Public
information is limited on all but passenger carriers at the
present time.
• •Analysis & Information (A&I) Online
• •DataQs
• •QCMobile
• •Safety and Fitness Electronic Records (SAFER) System
• •Safety Measurement System (SMS)

FMCSA PORTAL ACCESS
Website address
Add User ID & Password here & click Login

WEBSITES OF INTEREST – LIVE DEMONSTRATION
FMCSA Website
https://www.fmcsa.dot.gov/
Wisconsin DOT Website
http://wisconsindot.gov/Pages/dmv/com-drv-vehs/mtr-car-
trkr/default.aspx
FMCSA: A Motor Carrier’s Guide to Improving Highway Safety
https://www.fmcsa.dot.gov/safety/carrier-safety/motor-carriers-guide-
improving-highway-safety
Pipeline and Hazardous Materials Safety Administration (PHMSA) Website
http://www.phmsa.dot.gov/
FMCSA Portal Website
https://portal.fmcsa.dot.gov/login
FMCSA Safer Website (MCS-150 Update)
http://www.safersys.org/CompanySnapshot.aspx

SHARE YOUR IDEAS
125
Email Sheri at
[Sweaver@hni.com] with
webinar or workshop topics
you’d like to see in 2016

THANK YOU
DON JERRELL
HNI Associate VP
djerrell@hni.com
JEFF SWAN
HNI Compliance Specialist
dothelp@hni.com

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