Training for the Safety Supervisor Unit 3 Canadian Provincial Federal Workers Compensation and USDOT RecordKeeping Issues and Requirements Unit 3 Objectives Identify the government agencies and regulations that are relevant to your job as a fleet safety supervisor ID: 775874
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Motor Fleet Safety Basics:Training for the Safety Supervisor
Unit 3: Canadian Provincial, Federal, Workers’ Compensation and USDOT Record-Keeping Issues and Requirements
Slide2Unit 3 Objectives
Identify the government agencies and regulations that are relevant to your job as a fleet safety supervisorIdentify record-keeping requirements for the sections of the Canadian Provincial, Federal, Workers’ Compensation, and USDOT requirements discussed in classAudit sample hours of service logbooks and identify required supporting documentationIdentify errors and/or violations in driver qualification filesCorrectly complete an Accident Register
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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)
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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.
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Highway Traffic Safety ActNational 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
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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
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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
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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.
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USDOT RegulationsFederal 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
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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
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Provincial Information
http://www.infratrans.qov.ab.ca/Alberta Infrastructure and Transportationhttp://www.gov.bc.ca/bvprd/bc/channel.do?action=ministry&channellD=8394&navld=NAV_ID_provinceBritish Columbia Ministry of Transportationhttp://www.gov.mb.ca/tgs/portal.htmlManitoba Transportationhttp://www.gnb.ca/O113/index-e.aspNew Brunswick Transportationhttp://www.tw.gov.nl.ca/Newfoundland and Labrador Transportation and Workshttp://www.gov.nt.ca/Transportation/index.htmlNorthwest Territories Department of Transportation
http://www.gov.ns.ca/tran/
Nova Scotia Transportation and Public Works
http://www.gov.nu.ca/Nunavut/
Nunavut Department of Community and Government Services
http://www.mto.gov.on.ca/
Ontario Ministry of Transportation
http://www.gov.pe.ca/tpw/index.php3
PEI Transportation and Public Works
http://www.highways.gov.sk.ca/
Saskatchewan Highways and Transportation
http://www.mtg.gouv.qc.ca/en/
Transports Quebec
http://www.hpw.gov.yk.ca/
Yukon Highways and Public Works
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Record-Keeping Matrix
Issues and Type of Record Guidelines Common Errors
Slide14USDOT 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
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Slide15Sleeper 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: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.Driving time in the period immediately before and after each rest period when added together does not exceed 11 hours; and The on-duty time in the period immediately before and after each rest period when added together does not exceed 14 hours.
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Slide16Sleeper Berth Example
Violation prior to 10/1/2005?
Violation after 10/1/2005?
What Time did it occur?
8:00 p.m.
No
Yes
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Slide1716-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; ANDReturn to their normal work reporting location and are released from duty within 16 hours; ANDHave 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.
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Slide18New 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
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Based on CMV Restart Study published
3/9/2018,
these limitations will not be enforced
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10 HOURS OFF DUTY
11 HOURS DRIVING
Effective 7/1/2013 30 minute break
2012 11-Hour Rule
Explanation
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10 HOURS OFF DUTY
11 HOURS DRIVING
9 HOURS DRIVING
Effective 7/1/2013 30 minute break
2012 11-Hour Rule
Example
Slide2211-Hour Rule - Example 1
VIOLATION:
START:
YES
6:30 p.m.
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Slide2311-Hour Rule - Example 2
VIOLATION:
START:
YES
8:00 p.m.
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Slide2411-Hour Rule - Example 3
VIOLATION:
START:
YES
7:00
p.m.
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Slide2511-Hour Rule - Example 4
VIOLATION:
START:
YES
7:00 p.m.
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Slide2614-Hour Rule - Example 1
VIOLATION:
START:
YES
10:00 p.m.
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Slide2714-Hour Rule - Example 2
VIOLATION:
NO
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Slide2814-Hour Rule - Example 3
VIOLATION:
START:
YES
9:00 p.m.
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Slide2914-Hour Rule - Example 4
VIOLATION:
START:
YES
2:00 p.m. and 10:00 p.m
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Slide30Applying the 70/8 Rule
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?
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DATE
DAYTOTAL HOURS ON DUTY AND DRIVING1MON122TUE143WED154THU105FRI146SAT107SUN08MON99TUE1210WED1111THU012FRI?
Slide31Duty Status Record Requirements
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Slide32100-Mile Radius Exemption
Requirements:
Time records must show start and finish times
No more than 12 consecutive hours
No more than 11 hours driving time10 hours off between periods
X
Normal WorkReportingLocation
100 miles
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Slide33How Logs Are Falsified
Drive 14 hoursMany hours on-duty Many drop-offs and side tripsA number of short tripsHours spent in yard work One driver makes many trips in one day
What Actually Happens What Is Logged
Log shows 11 hours drivingHours shown as off-duty or as less than actualTrips not shown on logLog shows off-duty entire dayHours shown as off-duty or as less than actualTwo separate driver logs submitted for same day
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Slide34Lease inspection reportsCharges for demurrage and other accessorial servicesPick-up orders Temperature control records or other in-trip record or inspections, etc.GPS records
Mileage reportDaily trip sheet reportsRoad-side inspection reportsLeased operator statements to the motor carrierPorts of entry inspectionsC.O.D receipts Special permits for over-weight / over-length / over-height loadsUnloading stop-off reports
Bills of ladingDelivery receiptsFuel receiptsMeal receiptsMotel and lodging recordsDispatch recordsAccident reportsDaily vehicle inspection reportsPayroll recordsLease agreementsTime worked reportsPer diem payments
Supporting Evidence
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Slide35Canadian Hours of Service
© 2013 North American Transportation Management Institute - CA
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The Big changes to the HOS Rules are:
Increase minimum daily off-duty time by 25% (8hrs to 10hrs)Reduce daily on-duty time by 13% (16 hrs to 14 hrs)Reduce daily driving time by 18% (16 hrs to 13 hrs) Eliminate the “4 Hour Sleep Reduction”(once-a-week) Restrict driver’s work shift to 16 hours (Tour of Duty)Requirement for driver to elect a cycle (no more switching)Standards for sleeper berths (split times, design, construction)
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The Big changes to the HOS Rules are:
Mandatory 24-hour off-duty period in 14 days (regardless of on-duty accumulation)Allowing drivers to use a CMV for personal use (75km restriction)Shared responsibility for compliance (carrier, driver, dispatch, shipper, consultant)New powers for enforcement officers - “out-of-service” orders – up to 72 hours
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Comparison Old vs. New HOS
Old RegulationsRegulations - 200715 Hours On Duty 14 Hours On Duty13 Hours Driving13 Hours Driving8 Hours Off Duty/Sleeper10 Hours Off Duty/Sleeper3 cycles 60/7, 70/8, 120/142 Cycles 70/7, 120/14No SwitchingNo Cycle Reset2 Cycle Resets 36 & 72
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Canadian Hours of Service
Every Log sheet must contain the following information:Driver’s complete name PRINTEDProper name and complete address of Carrier Principal Place of BusinessComplete Home Terminal Address if different than principal Place of BusinessSignature of driverCo-driver’s name printed if driving teamLicense plate or unit # of truck (Quebec requires plate #)License plate or unit # trailer (s) (Quebec requires plate #)Date in full Month, Day and YearElected Cycle
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Canadian Hours of Service
Starting odometer Total distance driven by you for the dayTotal 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 abbreviationPersonal use of CMV Starting and ending OdometerDaily Deferral Day 1 or 2 A hand written log must be made in duplicate
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1. Off Duty
2. Sleeper Berth
3. Driving
4. On Duty
(not driving)
Midnight
Midnight
1
2
3
4
5
6
7
8
9
10
12 Noon
1
2
3
4
5
6
7
8
9
11
10
11
1
2
3
4
5
6
7
8
9
10
12 Noon
1
2
3
4
5
6
7
8
9
11
10
11
DUTY STATUS
REMARKS
Use Local Time Standard at Home Terminal
Total Hours
Total Hours
Daily Deferral Day # ___________
Name of co-driver: ___________________________________________________
Shipper Name: _________________________________
Commodity: _________________________________
B/L #: _________________________________
Personal Use Odometer start:___________ end: ___________
Name and Signature Driver (Certified True and Correct) Print:_______________________ Sign: _______________________________
Motor Carrier:____________________
Home Terminal Address:___________________
Truck plate/unit # ___________________ Trailer plate/unit __________________
Trailer plate/unit # ___________________ Trailer plate/unit __________________
Cycle (1) 70/7 ______ Cycle (2) 120/14______
Day ______ Month __________ Year _______
Odometer finish: _______________ km / mile
Odometer start: ______________ km / mile
Total mileage: _____________ km / mile
Principle Place of Business:__________________
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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
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Understanding the 14 and 16 hour rules
Maximum On-duty time in a “day” is 14 hoursMaximum 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.
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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”
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Understanding the 14 & 16 hour rules
Work Shift
≤
16 hours Driving time ≤ 13 hoursNo driving after 14 hours on-duty
Shift Reset
End
8 consecutive hours off duty, prior to midnight.
8 consecutive hours off duty rolls over to next day
10
0
13
1
“DAY”
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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 hoursThe 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; andThere 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.
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8
0
1
15
Day 1
Remarks: Daily deferral taken Day 1
Remarks: Daily deferral made up Day 2
Day 2
0
12
11
1
Work Shift Day 1
13 Hours Driving time (13)
14 Hours On Duty (13+1)
16 Hours Elapsed time (14)
8 Hours consecutive Off
Work Shift Day 2
13 Hours Driving Time (13)
14 Hours On Duty (7+1+6=14)
16 Hours Elapsed time (16)
10 Hours consecutive Off 8+2 day 1
6
1
2
5
2
8
13
1
8+2 = 10
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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
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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; andThe total of those 2 periods must be 10 hours; andThe off duty time is spent in the sleeper berth; andThe total of the driving time in the periods immediately before and after each sleeper berth period does not exceed 13 hours; andThe 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.
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Split Sleeper Berth Provision Continued
None of the daily off-duty time can be deferred to the next dayThe 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 hourThe 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
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Split Sleeper Berth Provision Continued
Team drivers who split their sleeper berth time must follow different guidelines.Sleeper berth minimum for teams is: 4 hoursTotal Sleeper berth period for teams is: 8 hoursThey must still take an additional 2 hours off duty to meet the 10 hour off duty daily requirement
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Sleeper Berth (Single Driver)
3 + 7 = 10 hours
Driving
<
13
No Driving after 14 hours
On-Duty
No Driving after 16
th hour since last sleeper period
Off-duty ≥
10
Driving ≤ 13
No driving after 14 hours On-duty
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Sleeper Berth (Team Driver)
4 + 4 = 8 hours
Driving
<
13
No Driving after 14 hours
On-Duty
No Driving after 16th hour since last sleeper period
2
8
2
12
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The Cycles
Only two cycles A driver must elect one and show which cycle on log bookCycle 1: 70 hours/7 days, Cycle 2: 120 hours/14 days and driver must take 24 consecutive hours off-duty prior to 70th hourCycle switching only allowed after completing required off-duty periodCycle 1: 36 hoursCycle 2: 72 hours
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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.
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Local Drivers
Are exempt from completing a log book if the following apply:Operates CMV within 160 km radius of their home terminal andReturns to home terminal each day to begin an 8 hour off-duty period; andCarrier 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; andrecords kept for 6 months; andnot subject to an HOS permit
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On-duty Status Records
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Personal Use of a CMV
A driver may use a CMV for personal use provided they follow these guidelines:CMV is unloadedNot towing a trailer (bobtail)Not under direction of the carrier (bobtail to pick up an empty would be driving)Maximum of 75 km/dayOdometer readings are recordedDriver is not subject of an OOS declaration
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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.)
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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 hoursThere can be no more than 2 periods counted towards the 10 hoursIn order to count towards your 10 hours a period can be no less than 2 hoursTotal driving time on both sides of the counted sleeper berth period cannot exceed 13 hours. You cannot use the daily deferral option
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13-Hour Rule -Example 1
VIOLATION:
START:
No
10
.5
13
.5
24
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13-Hour Rule -Example 2
VIOLATION:
START:
Yes
10:30pm
9
0
14
.5
24
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14 – 16 Hour Rule -Example 1
VIOLATION:
START:
Yes
10:30pm
.5
8
12.5
3
24
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14 – 16 Hour Rule -Example 2
VIOLATION:
NO
10
0
13
1
24
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USDOT Requirements and Recommended Best Practices
Driver Qualification File supplemental records:Employee record cardNotice to drivers/certificate of complianceI-9 immigration formSIN starts with 9
Slide66Inquiries to Past Employers - 391.23
Past drug & alcohol testing results requirement changed from 2 years to 3 yearsWithin 30 days, employer must investigate driver’s employment record for previous 3 yearsPrevious employers must respond within 30 days
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Slide67Carriers must maintain records on investigation into safety performance history of a new or prospective driver Limited access to those involved in hiringCan only be used in hiring process
Driver Investigation History File - 391.53
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Slide68Driver Investigation History File - Cont’d
File must include:Driver’s written authorization to seek information on alcohol/controlled substances historyCopy of responses received for investigations from previous employers History info must be retained for as long as you employ the driver and 3 years thereafterFile must be available to FMCSA or authorized state officials or authorized third party
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Slide69Acceptable Road Test Equivalents
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
In place of a road test, carrier may accept:
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Slide70Part 382 Testing Requirements
Pre-employment (drugs only)Post-accidentRandomReasonable suspicionReturn to dutyFollow-up
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Slide71Pre-Employment Testing Requirements
Test prior to performing safety sensitive functionsNegative report from MRO must be receivedExemption available by obtaining test results from previous employer:if driver was in a random pool within past 30 days ANDif driver was: tested in previous 6 months OR in a random program for the past year
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Slide72Post-Accident Testing Requirements
Required as soon as possible after:Fatality, ORBodily injury AND the driver receives a citation for a moving violation, ORDisabling damage requiring tow away AND driver receives a citation for a moving traffic violation
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Slide73Post-Accident Testing Requirements
Alcohol:Test within 2 hours of accidentAfter 8 hours, cease test attemptsDrugs:After 32 hours, cease test attemptsIf no test administered, document whyFederal or State test results may be used
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Slide74Drug and Alcohol: Errors on Records
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Slide75Situations Requiring Accident Register Entries
A fatalityBodily injury to a person who immediately receives medical treatment away from sceneOne or more vehicles incurs disabling damage and must be towed away
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Slide76Required Accident Register Information
Date of accidentCity or town in which (or most near) accident occurredState in which accident occurredDriver nameNumber of injuries and fatalitiesWhether hazardous materials were released
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Slide77Importance of Vehicle Maintenance Record
SafetySafety ratingCustomer satisfaction
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Slide78Inspection and Maintenance Recordkeeping Problems
Driver’s Daily Inspection Report MistakesSometimes drivers skip those items that require getting under the truck or behind the wheelsPower unit - service brakes, suspension, wheels/rims/lugs, brakesTowed unit - suspension, tires, brakesMechanic’s Annual Inspection RecordSteering linkageFrame members
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Slide79Driver’s Inspection Report
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Driver’s Inspection Report
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Driver’s Inspection Report
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Inspection Criteria Schedule
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Inspection Criteria Schedule
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Inspection Criteria Schedule
Slide85Record of Annual Inspection
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Record of Annual Inspection Cab Card
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CVSA Inspection Criteria
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Summary of US & CDN Record-Keeping Time Frame Requirements
Drivers' LogsVehicle Inspection Reports Annual Inspection ReportMaintenance Records Positive D&A TestsNegative D&A TestsDriver Qualification Files (post employment)
6 months Same3 Months 6 months (if defect noted 2 yrs)14 months 2 years1 Year 2 years 5 Years Same1 Year SameYears 7 Years (post employment)
Record
D
uration
US Canada
Slide89Questions
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