MOTOR CARRIER SAFETY ACT

(OVERVIEW)

For the purposes of this Act, a commercial motor vehicle is:

• A vehicle or combination of vehicles with an actual gross vehicle weight or a gross vehicle weight rating (GVWR: established by the manufacturer) over 10,000 lbs. or
• A vehicle designed or used to transport more than 8 passengers (including the driver) for compensation; or
• A vehicle designed or used to transport more than 15 passengers (including the driver) and is not used to transport passengers for compensation; or
• A vehicle of any size that is transporting hazardous materials in a quantity that requires placarding.

This Act only applies to commercial transportation.  Farmers, landscapers, and anyone transporting freight in the furtherance of a business are all examples of commercial transportation if it is somehow related to a business or commercial enterprise.  Race car and horse race enthusiasts, in certain circumstances, may be commercial transportation.

Also, this definition differs from that of a commercial drivers license (CDL).  Vehicles not required to have a CDL still have to comply with this Act.

Driver Requirements

A driver must meet the following requirements:

• Be in good health and physically able to perform all duties of a driver.
• Speak and read English well enough to converse with the general public, understand highway signs, respond to official questions, and be able to make legible entries on reports and records.
• Be able to drive the vehicle safely.  
• Know how to safely load and properly block, brace, and secure the cargo.  
• Have the appropriate driver's license.
• Pass a driver's road test (or the CDL skills test).
• Complete an application for employment.

Driver Qualification File - Check List

Every motor carrier must have a qualification file for each regularly employed driver. The file must include:

• Drivers application for employment.  
• Inquiry to previous employers - 3 years.  
• Inquiry to state agencies - 3 years.
• Annual review of driving record.
• Annual driver's certification of violation.
• Drivers road test and certificate.
• Medical examinations.  
• Legible copy of driver's license.

Driver Physical Requirements

Examples of physical requirements:

• Has no loss of a foot, a leg, a hand, or an arm.
• Has no established medical history or clinical diagnosis of diabetes requiring insulin for control. (injection only)
• Has no clinical diagnosis of any disqualifying heart disease.
• Has no clinical diagnosis of epilepsy.
• Has 20/40 vision or better with corrective lenses.
• Has the ability to recognize the colors (red, green and amber) of traffic signals.
• Has hearing to perceive a forced whisper.
• Has no history of drug use.
• Has no clinical diagnosis of alcoholism.

Waivers

There are provisions for a waiver of disqualification for certain physical defects if the individual is otherwise qualified to drive.  Additional information is available from:

Disqualifying Offenses

A driver is disqualified from operating a commercial motor vehicle on public highways, for the following offenses:

• Revocation, suspension, or withdrawal of an operator's license.
• Conviction or forfeiture of bond for the following criminal offenses while driving a commercial motor vehicle:
  • Driving while under the influence of alcohol.
  • Driving while illegally using drugs.
  • Driving while illegally possessing or transporting drugs.
  • Leaving the scene of an accident that resulted in injury or death.
  • Using a commercial motor vehicle while committing a felony.

A first offender is disqualified for one year following conviction or forfeiture. For a second offense within three years, a driver is disqualified for three years.

Alcohol and Drug Testing Requirements

Drivers required to have a commercial driver's license (CDL) are subject to the controlled substance and alcohol testing rules.

This includes commercial motor vehicles operated by:  

• For-hire and private companies.  
• Federal, State, Local and tribal governments.  
• Church and civic organizations
• Farmers and custom harvesters.  
• Apiarian industries. (beekeepers)

Exemptions:

• Drivers exempt from commercial driver's license requirements by their issuing state.
• Companies domiciled outside of the United States.
• Active duty military personnel.

Types of alcohol and controlled substance tests:

• Pre-employment: No employer shall allow a driver to perform a safety sensitive function until they have received a negative controlled substance test result.
• Post-Accident: If a driver is involved in an accident resulting in a fatality, or a moving traffic violation resulting in a DOT recordable accident, the employer shall require the driver to be tested for alcohol within 2 to 8 hours and the driver shall be tested for controlled substances within 32 hours of the accident.
• Random: Companies are to randomly test a number of drivers equal to 10% of the average number of the driver positions per year for alcohol testing, and 50% for controlled substances testing.
• Reasonable Suspicion : A driver is required to submit to an alcohol and/or controlled substance test when a properly trained company official or supervisor has observed and documented the driver's behavior that may indicate alcohol or controlled substance abuse.
• Return to duty: Before a driver returns to a safety sensitive position, each employer must ensure that the driver undergoes an alcohol test with a result indicating an alcohol concentration of less than .02 and a controlled substance test with a result indicating a verified negative result.

Supervisor Training/Driver Awareness:

• Every motor carrier shall provide educational materials explaining the requirements of the regulations as well as the employer's policies regarding alcohol misuse and controlled substance abuse.

Hours of Service of Drivers

General rule: The hours of service rules apply to all motor carriers and drivers, with exceptions found in paragraph's (b) through (k) of Section 3 95.1.

Eleven-hour rule: Drivers are allowed to drive for eleven hours following ten consecutive hours off duty.

14-hour rule: A driver may not drive after being on duty 14 hours following 10 consecutive hours off duty.

 A motor carrier must not permit or require a driver to drive after a total of :

• 60 hours on duty in 7 consecutive days or;
• 70 hours on duty in 8 consecutive days.
• If the driver works more than one job of any kind, that time must be included as On Duty Time.

Driver's record of duty status:

Every driver shall prepare a record of duty status (log book) in his/her own handwriting for each 24-hour period, unless operating under the 100 air-mile radius exemption.

Inspection, Repair and Maintenance

Every carrier shall systematically inspect, repair, and maintain all commercial motor vehicles under its control. Motor carriers must maintain the following information for every vehicle they have controlled for 30 days or more:

• Identifying information including company number, make, serial number, year, and tire size.  
• A schedule of inspections to be performed, including type and due date. Inspection, repair, and maintenance records.
• Records of tests conducted on buses with pushout windows, emergency doors, and marking lights.

Roadside Inspections

Any driver who receives a roadside inspection report must deliver it to the motor carrier.

Periodic Inspection

Every commercial vehicle, including each segment of a combination vehicle, requires a periodic inspection that must be performed at least once during the preceding 12 months.  Documentation of periodic inspections shall be carried on the vehicles.

For more information, contact the Michigan Center for Truck Safety at www.Truckingsafety.org or at 800-682-4682.

  Other Trucking Regulations

Depending upon the size of your vehicle, you may need any or all of the following:

Fuel Tax Permits: required for certain vehicles engaged in interstate transportation.  Contact the Michigan Department of Treasury at 517-636-4580.

Michigan Public Service Commission Decals: required for any size vehicle engaged in the transportation of freight for hire.  Contact MPSC at 517-241-6042.

IRP (apportioned) license plates: required for certain vehicles engaged in interstate transportation.  Contact the Secretary of State IRP Unit at 517-322-1097.

Commercial Drivers License (CDL): required for certain sized vehicles.  Contact the Secretary of State CDL Help Line at 517-322-5555.

MDOT Oversize and Overweight Permits: required for any vehicle transporting a load in violation of Michigan's size and weight laws.  Contact the Michigan Department of Transportation Permit Unit at 517-373-2120.

Highway User Tax: a federal tax required for certain vehicles when license plates are purchased.  Contact the IRS at 800-829-1040.

Hazardous Materials Questions:  800-HMR-4922 or 202-366-4488, or http://hazmat.dot.gov/

Federal Motor Carrier Safety Regulations (FMCSR) questions:  202-366-1790 or www.fmcsa.dot.gov

USDOT Safety Ratings/USDOT Numbers/New Entrants:  800-832-5660 or www.fmcsa.dot.gov