Motor Fleet Exam 1
When receiving an unsatisfactory rating the consequences of the carrier's operating authority to operate would be suspended effective _________ after the service date of the notice and an _______________________ would be imposed prohibiting the carrier from operating any motor vehicle in the U.S. unless the carrier demonstrates, within _______________ that the compliance review contained errors.
- 15 days - Operation Out of Service Order - 10 days of the serve date of the notice
CMV's carrying between _________ or ________________ is an exception to general applicability.
- 9 and 15 passengers not for direct compensation - Not beyond a 75 air mile radius from the drivers normal work reporting location.
Each motor carrier that conducts operations in interstate commerce must file a motor carrier identification report (Form MCS-150 at the following times:
- Before it begins operations - Every 24 months
Hazardous material regulations are rules designed to ensure the safety and secure transportation of hazardous materials by addressing:
- Classification of hazardous materials - Proper packaging - Employee training - Hazard communication - Operational requirements
What are the 2 main components of FMCSA safety monitoring system?
- Compliance review - Roadside performance monitioring
Funds from the Motor carrier safety assurance program are used to:
- Conduct roadside inspections and review motor carriers compliance with regulations - Promote detection and correction of safety defects, driver deficiencies and unsafe motor carrier practices
U.S. courts interpret the OSH Act using the gap theory or hazard by hazard approach if DOT has a regulation that would reduce or eliminate the workplace hazard ______________________, if DOT does not have a regulation to address the hazard ___________________.
- DOT regulations apply - OSHA regulations apply
For one year after an accident, motor carriers are required to maintain an accident register containing:
- Date and location of accident - Drivers name - Number of injuries and fatalities - Hazardous materials other than fuel released - Other information as required
What does the DOT do?
- Develop and enforce data driven regulations that balance safety with efficiency - Harness safety information systems to focus on higher risk carriers - Target educational messages to carriers, commercial drivers and public
The FMCSA does what?
- Develops, maintains and enforces federal regulations that promote carrier safety, industry productivity and new technologies - Establish safe operating requirements for commercial vehicle drivers, carriers, vehicles and equipment - Develops, monitors and ensures compliance with the commercial driver licensing standards for drives, carriers and states
Motor carrier operations include things such as:
- Drivers hours of service - Vehicle maintenance and inspection - Driver qualification - Controlled substance and alcohol testing - Commercial driver's license requirements - Financial responsibility - Accidents - Hazardous material - Commercial/economic regulations
During the opening interview the U.S. federal investigator will:
- Explain the purpose of the visit - May request the tour of the facilities to see how the general day to day operations work - Explain the various company records to be reviewed - Ask to talk to individuals in the company responsible for compliance with the safety, hazmat, financial responsibility and commercial/economic regulations
Type of accident required to be reported by motor carrier with an occurrence involving a CMV operating on a public road that results in at least one of the following:
- Fatality - Bodily injury to a person - Disabling damage to one or more motor vehicles
What does FRA and FHA stand for?
- Federal Railroad administration - Federal highway administraion
Commercial motor vehicle criteria:
- Has a gross vehicle rating or gross combination weight of 4, 536 kg (10,001 lbs) or more - Designed or used to transport more than 8 passengers for compensation - Designed or used to transport more than 15 passengers without compensation - Used in transporting hazardous material
Receiving a satisfactory safety rating for the compliance review reveals that the carrier is:
- In compliance with FMCSR and HMR and has basic safety management controls
DOT has jurisdiction for:
- In transit operations between destination points, including readjusting and securing the load - Proper handling of hazardous materials during loading and unloading vehicles and rail cars according to the HMR
Assisting in investigations a motor carrier shall:
- Make all records and information pertaining to an accident available upon request - Give an authorized representative of the FMCSA all reasonable assistance in the investigation of any accident including providing full, true and correct answer to any question of inquiry
Every CMV operated by a motor carrier in interstate commerce must be marked on BOTH sides with the following:
- Motor carrier's name or trade name - City and state of its principal place of business - Motor carrier's identification number preceded by US DOT
CMV's carrying between 9 and 15 passengers not for direct compensation or not beyond a 75 air mile radius from the drivers normal work reporting location are subject to the following requirements:
- Must file motor carrier identification report - Must maintain an accident register - Must mark vehicle with the motor carrier identification number
The opening interview is conducted with a motor carrier/shipper official who has knowledge of the entire operation who would be:
- President - Vice president - General manager
OSHA has jurisdiction for:
- Response to hazardous waste emergencies - Actions associated with loading and unloading the vehicle or railcar at desination point where DOT does not address a safety or health hazard
What are 3 things that the compliance review focuses on the carriers:
- Safety management controls - Operational performance - U.S. regulatory compliance
As a result of the compliance review the carrier will be issued a safety rating of:
- Satisfactory - Conditional - Unsatisfactory
Motor carrier safety indenificathion and information system provides safety data to the industry and the public such as:
- State and national crash statistics - Current analysis results - Detailed motor carrier safety performance data
Exceptions to general applicability:
- Transportation provided by federal, state and local governments - Occasional transportation of personal property by individuals for non commercial purposes - School bus operations - Transportation of human corpses or sick and injured people
What are the 9 steps that the compliance review process consist of?
1. Opening interview 2. On-going interviews with carrier staff 3. Accident review 4. Financial responsibility 5. Maintenance Review 6. Commercial drivers license, controlled substance testing and driver review 7. Hazardous material 8. Hours of service review 9. Close out interview
How may individual operating administrations are within DOT?
11
Accident review covers the ____________________
12 month period prior to the initiation date of the compliance review
The maintenance review covers the __________.
12 month period prior to the initiation date of the compliance review or since the prior CR if the prior is less than 12 months.
The new entrant safety assurance process has a ____________ monitoring period that requires carrier to pass a safety audit and maintain safe operations to receive permanent USDOT registration.
18 months
______ of fleet drivers will be involved in a motor vehicle accident?
20%
When receiving a conditional rating the carrier's operating authority will be revoked and an operating out of service will be imposed unless it presents evidence of necessary corrective action within ________________________.
30 days from the service date of the order
After recieving an unsatisfactory rating within ___________________ the carrier must take the necessary corrective action specified in the order or the carrier's provisional operating authority will be revoked.
30 days of the suspension order
All required records maintained at these locations must be made available for inspection upon request by the investigator at the principal place of business or other location specified by the investigator within ______________ after a request.
48 hours
Hours of service review covers the ___________________________________________.
6 month period prior to the initiation date of the compliance review or since the prior CR if the period is less than 6 months
_______ of the fatalities for Driver/Sales workers and truck drivers were due to highway vehicle accidents.
70%
What inquires about actions that the motor carrier has to take to stop certain type of accidents from reoccurring?
Accident review
What is 49 CFR Part 390?
Accident review
What is the review of motor carrier's procedures for handling and evaluating accidents?
Accident review
What is a compliance review?
An on-site examination of a motor carrier's operations by a U.S. federal safety investigator to determine a motor carrier's safety fitness
What is a commercial motor vehicle (CMV)?
Any self propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property that meets at least one of the following criteria
Who supports the development of compatible motor carrier safety requirements and procedures throughout North American?
Border and International Safety
Who works closely with the governments of Canada and Mexico to ensure that these countries motor carriers, drivers and vehicles meet the same safety standards as the U.S. carriers?
Border and International Safety
Compliance review is part of FMCSA initiative designed to determine whether __________________________________.
Carriers comply with applicable U.S. safety regulations and conduct safe operations
What is 49 CFR Part 382, 383, 391 and 392?
Commercial drivers license, FMCSR, Controlled substance testing and Driver review
What review is verifying company's procedures for hiring drivers, testing for controlled substance and alcohol and maintaining driving record of drivers and driver qualification files, driver license status, payroll records, dispatch records, bills of landing, controlled substance and alcohol testing records and vehicle maintenance files?
Commercial drivers license, FMCSR, controlled substance testing and driver review
Direct cause are:
Costs that are covered by workers compensation or insurances
What departments objective is to enhance the mobility, commerce, safety and the economic vitality of the commonwealth through transportation system improvements, within the context of sound land use and community values?
DOT
What can a compliance review determine?
Determine whether the company's operation is in regulatory compliance with U.S. Federal Motor Carrier Safety Regulations (FMCSR) and applicable U.S. Hazardous Materials Regulations (HMR)
Applicability of he federal motor carrier safety regulations apply to all:
Employers, employees and commercial motor vehicles transporting property or passengers in interstate commerce
New entrant safety assurance process:
Ensures that new entrant motor carriers are knowledgeable about FMCSR and HMR
What does FMCSA stand for?
Federal Motor Carrier Safety Administration
What does FMCSR stand for?
Federal Motor Carrier Safety Regulations
What is 49 CFR Part 387?
Financial responsibility
What review verifies that motor carriers have the required minimum levels of financial responsibility subject to part 387?
Financial responsibility
What reviews motor carriers subject to require cargo insurance, property brokers license, offering arbitration on loss and damage claims and filing of form BOC-3?
Financial responsibility
What is a review that may be conducted to ensure that all necessary corrective actions have been taken after receiving an unsatisfactory rating or conditional rating?
Follow up review
What is the motor carrier identification report?
Form MCS-150
What is 49 CFR Part 171-180?
Hazardous Material
What review is for compliance hazardous materials shipping papers, material safety data sheets, registration with the research and special program administration and hazardous material incident records?
Hazardous Material
What does HMR stand for?
Hazardous Material Regulations
What review interviews hazmat employees and verifies their training and procedures and checks the dock to determine the compliance of shipments in transit?
Hazardous material
What is 49 CFR Part 395?
Hours of service
What is review for compliance and verify information in the records of duty status and or time records for hour of service?
Hours of service review
Who regulates interstate household goods movers and requires them to register with the agency?
Household goods program
When was the FMCSA established within the DOT?
January 1, 2000
What is 49 CFR Part 393 and 396?
Maintenance review
What review has the purpose of establishing the effectiveness of the vehicle maintenance practices of the motor carrier or its agent, and to determine the general condition of the motor carrier's vehicle?
Maintenance review
What is whenever a duty is prescribed for a driver or a prohibition is imposed on a driver, it is the duty of the motor carrier to ensure compliance with that duty or prohibition?
Motor carrier responsibility
What is a federal grant program that provides states with financial assistance to hire staff and implement strategies to enforce FMCSR and MMR?
Motor carrier safety assurance program (MCSAP)
Upon the arrival of a investigator at a motor carrier's principal place of business, regional office, or driver work-reporting location, those records that are maintained at such locations ___________________________________.
Must be produced for inspection immediately upon request
If a carrier receives a conditional rating as a result of the compliance review, the FMCSA will notify the carrier __________________ after completion of the compliance review of its rating.
No later than 45 days
If the carrier receives an unsatisfactory rating as a result of the compliance review the FMCSA will notify the carrier ___________________ after completion of the compliance review of its raining.
No later than 45 days
The FMCSA will notify the carrier of its rating ____________________ after the completion of the compliance review if it is a satisfactory rating.
No later than 60 days
What is a federal state partnership that makes safe performance a requirement for obtaining and keeping commercial vehicle registration?
Performance and registration information system management (PRISM)
What is the mission of the FMCSA?
Prevent commercial motor vehicle related fatalities and injuries by strong enforcement of safety regulations, targeting high risk carriers and CMV drivers, improve safety information systems and technologies, Strengthen CMV equipment and operating standards and increase safety awareness
___________ work is aimed at gaining fundamental and applied knowledge in order to develop new methods and technologies to enhance truck and bus safety and security.
Research and Technology (R&T)
Who implements educational strategies to increase motor carrier compliance with the safety regulations and reduce the likelihood of a commercial vehicle crash?
Safety education and outreach
What section of the OSH Act states that OSHA does not have jurisdiction over health and safety if another Federal agency exercise its statutory authority in this area?
Section 4 (b) (1)
Transportation regulation mission:
Serve the US by ensuring fast, safe, efficient, accessible convenient transportation system that meets our vital national interests and enhances the quality of life of the American people, today and into the future
Why was the Department of transportation created?
To reduce crashes, injuries and fatalities involving large trucks and buses
What is the leading cause of workplace fatalities?
Transportation and highway incidents
T/F A motor carrier with multiple offices or terminals may maintain required records at these locations?
True
T/F Any person who violates FMCSA regulations may be subject to civil or criminal penalties?
True
T/F Compliance Review of motor carriers are generally conducted at the carrier's principal place of business?
True
T/F DOT has over 1,000 employees in all 50 states?
True
T/F FMCSA's division offices or state offices are responsible for calling the carrier to schedule a mutually agreeable time and location for conducting the compliance review?
True
T/F In the maintenance review vehicle files, it can include vehicle inspections and out of service rate calculations?
True
T/F New entrant motor carriers that fail to maintain adequate basic safety management controls may be their temporary USDOT registration revoked?
True
T/F No person shall aid, abet, encourage or require a motor carrier or its employees to violate the FMCSA rules?
True
T/F OSHA regulations tend to take precedence?
True
T/F PRISM plays a key role in FMCSA effort to remove high risk carriers from our highways?
True
T/F Relief from Parts 390-399 of the FMCSR may be granted during declared emergencies to any motor carrier who provides emergency assistance
True
T/F The investigators call to the carrier will be followed by a letter to the carrier confirming when and where the compliance review will be conducted?
True
T/F safety education and outreach messages are aimed at all highway users including passenger car drivers, truck drivers, pedestrians and bicyclists?
True
T/F the data from the motor carrier safety identification and information system allows officials to target inspections and investigation on higher risk carriers, vehicles and drivers?
True
T/F when appropriate the 6 month period of the CR may be expanded beyond the six months regarding hours of service?
True
Where the the headquarter of the DOT?
Washington DC
Highway incidents alone accounted for nearly _________________
one out of every 4 fatal work injuries