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FMCSA Toughens Safety Requirements for New Commercial Truck and Bus Companies
On Dec 16, 2008 the FMCSA announced tougher requirements for New DOT number recipients. The idea is to help increase road safety and awareness. What many new DOT number recipients do not understand is that this FULL set of rules applies to trucking companies of all sizes. The government makes no distinction between a one truck fleet and a million truck fleet. Make sure you know the rules and are complaint. The DOT Doctor can help! With our New Business Set up Package we apply for and obtain your DOT number for you. Then for the first year we take care of all your compliance needs. This includes your Form 2290s, IFTA quarterly filings, UCR filing, logbook auditing, writing a DOT Compliant safety plan and much, much more.
FMCSA 10-08
Tuesday, December 16, 2008
Contact: Kristin Schrader
Tel.: (202) 366-9999 or (202) 366-2309
FMCSA Toughens Safety Requirements for New Commercial Truck and Bus Companies
WASHINGTON—The Federal Motor Carrier Safety Administration (FMCSA) today announced a new rule to place stricter safety requirements on all newly registered trucking and bus companies. This final rule raises the compliance standards for passing new entrant safety audits, while ensuring that safety deficiencies are corrected before a new motor carrier is granted permanent registration with the agency.
"These more stringent safety requirements are meant to help new carriers succeed at establishing and maintaining a comprehensive safety management program," said FMCSA Administrator John H. Hill. "Imposing these tougher standards will ensure that new entrants are fully aware and compliant with federal safety regulations aiding in the continued reduction of highway crashes and fatalities on our nation’s highways."
The final rule issued by the FMCSA establishes that a newly registered trucking or bus company will automatically fail its safety audit if it violates any one of 16 essential federal regulations during the 18-month safety monitoring period. These essential regulations cover controlled substances and alcohol testing, hours-of-service, driver qualifications, vehicle condition, and carrier financial responsibility.
If a company fails its new entrant safety audit, it may result in revocation of a carrier’s registration with the agency, unless the carrier takes necessary corrective action within a specified time period established by FMCSA.
The rule would also require that if during the 18-month safety monitoring period, certain violations are discovered during roadside inspections, the new entrant may be subjected to a new entrant expedited safety audit or in the case of serious safety violations, a more comprehensive compliance review, which can result in fines and penalties. The carrier may also be required to submit a written corrective action plan explaining in detail how the carrier will achieve compliance with the safety rules and improve its safety performance.
The final rule on the New Entrant Safety Assurance Process is available for review on the FMCSA Web site in Rules and Regulations.
Can you confidently answer these questions?
Is at least one responsible official familiar with the FMCSR?
Do you have a driver safety/orientation program?
Do you review your safety compliance status on a regular basis?
Do you have a system to audit and control your drivers' hours of service?
Do you know if you need logbooks or just a time record?
Do you know how long records need to be retained and in what format?
Do you know what is required to be in compliance with the Transportation Safety
Administration, DOT, FMCSA, OSHA, Department of Homeland Security and other Federal Agencies?
The U.S. Department of Transportation and related agencies maintain a record of all occurrences in regards to a transportation company. These tallies are used to calculate the Safety Rating of a company. Businesses with high safety rating enjoy less inspections, scale by-pass privileges, lower insurance premiums and other benefits. Low safety ratings cost you and your drivers time, energy, fines and high premiums. If the government's latest recommendation comes to law; the lowest 10% will be required to install On-board Recorders for Hours of Service tracking and other compliance issues.
SAFER, the main safety rating service, is now an E-gov Federation member as part of the Federal E-Authentication Initiative. This means that authorized Law Enforcement personnel have begun participation in this program.
The DOT is becoming increasingly more strict. To maintain a Satisfactory rating; your safety and training programs must intensify. There are three ratings that you can receive; Satisfactory, Conditional and Unsatisfactory. Do not let a poor Safety Rating cost you.
The cost is more than the fines. It is not just the cost of doing business when your company or driver receives a fine. It is the cost of your Safety Rating. Let the DOT Doctor help you today!
Every state has regulations governing Motor Carriers of Property, Household Goods and Passengers. This is in additional to Federal Regulations and possible Local Regulations.
Do not assume that just because you only operate one truck or a small fleet that you these regulations do not apply to you. Government Regulations apply no matter the size of the fleet or the number of shipments.
Annually businesses lose thousands of dollars due to fines for non-compliance. Due to the increased safeguarding efforts of our government, additional monies have been allocated to enforcement efforts. Raised awareness from Mother's Against Tired Truckers and similar action groups has gained the ear of many government agencies. This has spurred additional enforcement efforts in all areas. Do not be caught out in the cold. What many trucking companies could do just a few years ago are now costing them and their drivers.
Don't gamble with your business. You may be in Non-Compliance and in Violation of Federal, State or Local Regulations and not even realize.
Contact The DOT Doctor today for a free consultation!
Actual Fines Received for Non-Compliance
AUDITED ITEM
FINE
False reports of records of duty status
$26,250
Failing to perform a pressure retest as prescribed
$20,980
False reports of records of duty status
$17,480
Failing to properly enter duty status during meal stops
$13,020
Using a specification intermediate bulk container not inspected or retested.
$11,050
Failing to provide security awareness training
$8,550
Offering/transporting without a security plan confirming to Subpart requirements
$8,514
Transporting HM without a security plan.
$7,810
Using a driver who has tested positive for a drug
$6,664
Failing to do random drug tests at applicable annual rate
$5,340
Failing train employee in HM regulations
$4,480
Failing to require driver to prepare vehicle inspection report
$4,070
Failing to properly label HM container or package
$3,960
Failing to mark non-bulk pkg of HM w/ ship name & ID #
$3,960
Transporting explosive material not properly packaged
$3,790
Failing to check driver's employment background
$3,776
Using a physically unqualified driver
$3,190
Using a driver before receiving a pre-employment result
$2,760
Failing to implement an alcohol and/or drug testing program
$2,730
Failing to implement an alcohol and/or drug testing program
$1,840
Failing to conduct post accident testing on driver for alcohol.
$1,780
Driver performing safety sensitive function without follow up
$1,780
Failing to conduct post accident testing on driver for controlled substances
$1,780
Failing to implement a random drug/alcohol testing program
$1,580
False reports of records of duty status
$1,540
Using a driver not medically examined and certified
$1,490
Using a CMV not periodically inspected
$1,290
Failing to maintain copy of HM shipping paper for 375 days after date accepted
$1,000
Operating a CMV without a valid CDL
$990
Failing to preserve supporting documents for 6 months
$650
Inadequate or no financial responsibility
$400
White Paper on Jail Time Companies Face for Non-Compliance Anyone can be found guilty if you do not remain in strict compliance with Local, State and Federal Regulations.Protect yourself from fines and jail time; contact the DOT Doctor today!
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