“We are not a trucking company” but Why DOT regulations might apply to you

We call it “the dot,” but we mean… The Federal Motor Carrier Safety Administration Write and enforce federal truck and bus safety regulations Applies to any organization operating commercial motor vehicles in interstate commerce

We call it “the dot,” but we mean… State commercial motor vehicle safety agencies Commissions Dept. of Public Safety or Transportation Highway patrol Enforces inter- and intrastate CMVs

We call it “the dot,” but we mean… Pipeline and Hazardous Materials Safety Administration Hazmat transportation regulations Oil and gas pipelines Oversight of any organization shipping or transporting hazardous materials

Federal and state truck regulations The weight thresholds

Difference in actual and rated weight Gross Vehicle Weight (GVW) The actual weight of a single vehicle including cargo and people GVW varies Vehicles are trucks and trailers

Difference in actual and rated weight Gross Vehicle Weight Rating (GVWR) The maximum a single vehicle can weigh Fixed value set by the manufacturer

Difference in actual and rated weight Gross Vehicle Weight Rating (GVWR) The maximum a single vehicle can weigh Fixed value set by the manufacturer

Difference in actual and rated weight Gross Combination Weight (GCW) The actual weight of a truck and trailer combined – varies

Difference in actual and rated weight Gross Combination Weight Rating (GCWR) The maximum a combination can weigh – values set by manufacturers

Difference in actual and rated weight Gross Combination Weight Rating (GCWR) 15,200 pounds

Which vehicles are regulated? Commercial Motor Vehicles (CMVs) are regulated – Federal definitions CDL required – Single truck greater than 26,000 pounds GVW or GVWR Combination greater than 26,000 pounds GCW or GCWR, when trailer is greater than 10,000 pounds More than 15 passengers, including driver Hazmat requiring placards Inter- or intrastate

Which vehicles are regulated? Commercial Motor Vehicles (CMVs) are regulated – Federal definitions Part 390 General Regulations, parts 390-399 – Greater than 10,000 pounds GVW, GVWR, GCW, or GCWR More than 8 passengers for compensation, including driver More than 15 passengers not for compensation, including driver Hazmat requiring placards Interstate only

State definitions Each state defines what they consider a CMV for intrastate commerce Some states use the federal part 390 definition – 10,001 pounds and greater Some use the CDL definition in part 383 – 26,001 pounds and greater Still others use a different weight threshold – AZ says a CMV is 18,001 pounds and greater Part 350 directs states to set a minimum threshold of 26,001 pounds

State definitions Each state also has their own CMV regulations for intrastate commerce Most adopt the FMCSRs as state regulations CMVs that require a CDL are subject to all regulations regardless of location or use

CDL example GVWR 13,000 pounds

CDL example GVWR 13,000 pounds GVWR 7000 pounds GCWR 20,000 pounds

CDL example GVWR 13,000 pounds

CDL example GVWR 12,000 pounds GVWR 13,000 pounds GCWR 25,000 pounds

CDL example GVWR 13,500 pounds GVWR 13,000 pounds GCWR 26,500 pounds

CDL example GVWR 13,500 pounds GVWR 13,000 pounds Towed unit greater than 10,000 pounds

CDL example GVWR 13,500 pounds GVWR 13,000 pounds Class A CDL required!

CMVs are subject to roadside inspection – I have cmvs – now what? CMVs are subject to roadside inspection – Company must have an active USDOT number Vehicles must meet standards Drivers must be qualified and within hours of service Results affect company’s standing with FMCSA and state agencies

Company is subject to onsite compliance reviews – I have cmvs – now what? Company is subject to onsite compliance reviews – Company structure, registration with the state, and annual revenue Policies and procedures Driver qualification files Drug and alcohol testing, if applicable Hours of service Vehicle maintenance files

Hazmat regulations Are we regulated?

What is a hazardous material? The PHMSA definition: Hazardous material means a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce…

Basics of the rules The Hazardous Materials Regulations exist to: Ensure manufacturers and/or shippers package the material in containers strong enough to withstand normal transportation and common accidents Ensure everyone involved in the transportation process knows of the presence of a hazardous material Ensure the material is properly loaded depending on mode Ensure first responders properly react to incidents

The hazmat table

A common fumigant in the table…

A division 4.3 material – dangerous when wet Aluminum phosphide A division 4.3 material – dangerous when wet Packing group 1 – high danger Available exceptions? Small quantities for highway – not available for 4.3, PG I (173.4) Materials of Trade – not available for 4.3, PG I (173.6) Placard exception for certain materials less than 1001 pounds – not available for 4.3 (172.504)

Aluminum phosphide Available exceptions? DOT Special Permit 11329 – exempts specific materials from the placard requirement: Aluminum Phosphide – 4.3 Aluminum Phosphide Pesticides – 6.1 Magnesium Phosphide – 4.3

Exempt from placard requirement only Aluminum phosphide Exempt from placard requirement only Specific types of packages Quantity limitations 3.3 lbs. 3.3 lbs. 3.3 lbs. Each canister 46.3 lbs. total

Other hazmat rules apply: Aluminum phosphide Other hazmat rules apply: Hazmat employee training Shipping papers – in transit and retention

Sulfuryl fluoride - vikane Division 2.3 – poison gas, inhalation hazard, Zone D Subject to all hazmat regulations – Including placards for any amount transported

summary Are you subject to motor carrier regulations because of vehicle weights and/or crossing state lines? Greater than 10,000 pounds single or combination driving across state lines Greater than your state’s definition of a CMV without crossing state lines

summary Are you subject to PHMSA hazmat regulations because of materials transported? Material is in the Table of Hazardous Materials in 172.101

Questions?

Call the DOT expert… Thank you! Please contact Chris Freedom or Randy Gafford for additional support regarding anything DOT or Driver Safety related. 1-844-4 Eos SAFE