Transportation Safety Consultants Inc.

Transcription

1 Transportation Safety Consultants Inc. Federal Motor Carrier Safety Administration Regulatory Compliance

2 Utility Service Vehicles Special Provision Process

3 THE GOAL: To provide emergency repair service for utility accounts per the contract agreement while remaining compliant with all regulations set forth by FMCSA. THE ISSUE: How to service day to day scheduled work and dispatch a crew as needed for emergency repairs following a full day work. THE SOLUTION: Request an special provision providing an exemption from Hours of Service during periods of emergency repair work for a customer providing a public utility as a subcontractor

4 History The Federal Motor Carrier Safety Administration (FMCSA) adopted as final regulations required by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) Public Law , 119 Stat that was signed into law by President George W. Bush August 10, These regulations were established to govern State compliance plans under the Motor Carrier Safety Assistance Program by withholding of Federal-aid highway funds based on noncompliance with: The Commercial Driver's License Program; Intrastate operations of interstate motor carriers; Civil penalties and disqualifications for violations of out-of-service orders; Civil penalties for denial of access to records and property and for violations of statutes and regulations governing hazardous materials transportation; Exemption from the Federal hours-of-service regulations for operators of commercial motor vehicles engaged in certain defined operations; Exemption of drivers of propane service or pipeline emergency vehicles during emergency conditions requiring immediate response; Interstate transportation of household goods.

5 Definition and 395.1(n) FMCSA adopted as a final rule September 7 th FMCSA defines a Utility Service Vehicle (USV) as a CMV Used in the furtherance of repairing, maintaining, or operating any structures or any other physical facilities necessary for the delivery of public utility services, including the furnishing of electric, gas, water, sanitary sewer, telephone, and television cable or community antenna service; and While engaged in any activity necessarily related to the ultimate delivery of such public utility services to consumers, including travel or movement to, from, upon, or between activity sites (including occasional travel or movement outside the service area necessitated by any utility emergency as determined by the utility provider); and Except for any occasional emergency use, operated primarily within the service area of a utility's subscribers or consumers, without regard to whether the vehicle is owned, leased, or rented by the utility (n) states, Utility service vehicles. The provisions of this part shall not apply to a driver of a utility service vehicle as defined in

6 There was lot of confusion about the applicability of this rule to subcontractors of utility companies. The transportation industry had adopted the position that the rule only applied to the utility companies by focusing on the terminology of ultimate delivery in the definition to mean the utility provider. Even over time TSCI maintained a dialogue with state trucking agencies and with FMCSA Safety Investigators and Liaisons and the interpretation of each entity varied. The guidance ranged from the rule having no application for subcontractors, to only applying during the act of service in the field, but not for the transportation of private heavy machinery to and from the job site.

7 PREPERATION: Understanding a request for a special provision would require an indepth dialogue with the FMCSA, there was a concern that the request could result in: A FMCSA compliance review, Higher visibility and further scrutiny, An increase in roadside violations

8 Focused on an FMCSA intervention we spent months improving all areas of compliance by implementing the following: Driver Qualification auditing and management system Maintenance recordkeeping software program Driver DOT Training Understanding CSA Pre-trip/Post-trip inspection process and recordkeeping New Entry Training Hours of Service training Substance & Alcohol Abuse Awareness Roadside Inspections Supervisor / Management DOT Training programs Internal mock DOT compliance audits

9 Detail of Operations Prior to contacting the FMCSA with our request, as part of our due diligence we prepared data as it related to: Percentage of customers that are utility customers Percentage of all work completed for utility customers Percentage of revenue generated by utility customers Construction office locations (permanent and temporary) Service area maps of each utility customer Copies of agreements from each utility customer

10 After working with various departments of FMCSA we got in touch with the Office of Enforcement for the Midwest Region Center in Chicago Illinois. After some detailed conversation we received a letter from their office that provided the following clarification. The exemption is applied on a trip by trip basis It can apply to any company or division of a company It is intended for repair, operation, or maintaining It is not eligible for new construction such as a new building or service area It does apply to any Interstate transportation

11 Additionally we received a letter from the FMCSA State Program Manager who acts as the conduit between the FMCSA state office and the Missouri Highway Patrol who stated that as a subcontractor we are eligible for the exemption. The policy was submitted to the Missouri Highway Patrol Commercial Enforcement division for their input on how the it would be enforced by their office. They approved the data in the handbook and advised it will assist during a roadside inspections.

12 USV Handbook Contents: Utility Service Vehicle Guidance 1)Including definitions 2)Why it applies 3)Roadside Q&A Letter from the Midwest Enforcement Center Letter from the State Program Manager TSCI Requirements for additional safety paperwork and equipment DOT Annual Inspection Registration or Cab Card Insurance The USV Handbooks were printed and provided for each power unit that will be used as a Utility Service Vehicle. For the purpose of conformity, annual inspections, registrations, cab cards, and insurance were also included with each power units handbook.

13 Transportation Safety Consultants Inc NW Silver Lake Rd Topeka, KS (785) Transportation Safety Consultants, Inc. would like to thank you for the opportunity to discuss with you about our company, the services that we provide, and the expertise that we afford companies such as yours. TSCi is a family owned business with over 100 years of combined experience in the transportation and safety industry. With services such as mock USDOT/FMCSA Compliance Reviews to complete on-site Safety Department Supervision, TSCi provides companies with the experience, knowledge, and resources to bring you Peace of Mind. Transportation Safety Consultants Inc. is committed to the needs of our customers and the safety of their companies. Thank you again, From our staff at TSCi

14 Transportation Safety Consultants, Inc (TSCI) is a family owned full service Safety Consulting Company that specializes in the Commercial Motor Carrier Industry. TSCI has over 100 combined years of experience servicing Transportation companies all over the Country. TSCI provides "Peace of Mind" by providing you with the training and tools necessary to ensure compliance with all Department of Transportation (D.O.T.) and Federal Motor Carrier Safety Regulations (FMCSR). If you received a DOT Compliance Review today...what would the result be? The Federal Motor Carrier Safety Regulations states: EVERY EMPLOYER shall be knowledgeable of, and comply with all regulations which are applicable to that motor carrier's operations.

15 What is a Commercial Motor Vehicle and do these Rules apply to you? 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: 1. Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or 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; or 4. Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C. This means that if you operate any single truck over 10,000 pounds (ie - a large van unit or a small box truck), or operate a single truck that could be hooked to a trailer that combined, puts you over 10,000 pounds (ie - a regular sized pickup hooked up to a small trailer) that you are subject to the rules and regulations established by the DOT and FMCSR.

16 Do you know all the regulations? Our staff has over 100 years of combined Motor Carrier Safety expertise. All of which is at your disposal 24 hours a day. TSCi prides ourselves on working closely with all regulatory bodies local, state, and federal. Our close affiliation with the state trucking associations, the American Trucking Association, and various insurance companies, assures your company of the latest in ideas, developments, and techniques available to carriers today. Memberships, Affiliations, Awards and Training: Kansas Motor Carriers Association Missouri Motor Carriers Association Kansas Safety Management Council Missouri Safety Management Council ATA Safety Management Council ATA National Committee ATA Management System Council Chairman Kansas Safety Management Council Treasurer Missouri Motor Carriers Association State of Kansas Safety Director of the Year ATA- Commercial Vehicle Accident Reconstruction ATA Advanced Commercial Vehicle Accident Reconstruction ATA Motor Fleet Supervisors Course ATA- Advanced Motor Fleet Supervisor Course ATA Commercial Vehicle Maintenance Reporting Standards

17 Oversight & Auditing: Review all driver qualification files for missing and/or misplaced documents Audit all drivers daily logs for accuracy, and matching documents Review current insurance loss records; PL/PD/cargo & workers compensation Review accident files for cause and prevention, P, or NP Review all equipment and equipment maintenance files Review and/or publish drivers rules and policy manuals Arrange and conduct safety meetings for all employees Hands-On Training & Evaluation: Employee In-house Training Computerized Entry of Daily Logs At Site Accident Investigation Driver Training D.O.T. Compliance Reviews Complete Safety Department Supervision IFTA Collection/Calculations

18 COMPREHENISVE SAFETY ANALYSIS

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