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Professional driving A demanding career

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Presentation on theme: "Professional driving A demanding career"— Presentation transcript:

1 Professional driving A demanding career
Special people doing vital work Only some can qualify… Meet certain standards Complete testing Become qualified Maintain eligibility The student should be exposed to the concept of and the need for quality people in the industry. This is your chance to image build and positive role of the driver.

2 What standards apply? DOT qualification basics Medical qualification
Substance abuse qualification Driving skill and record What standards apply? Many standards apply to the driver qualifications. These are some of the more formal ones. The regulations are the minimum. Many employers et their threshold for being a driver much higher.

3 Your qualification I---- Meeting the basics II----Medical condition
III---Free from substance abuse IV---Commercial Driver’s License V----Continued safe and legal driving VI---Daily evaluation of your condition The six sections of our program. A chance to overview the process of the program.

4 PART I Qualifications you must meet FMCSR, Part 391.11
Essential “entry” requirements Interstate Qualifications The FMCSA has minimum essential standards.

5 What is the minimum age for an interstate driver?
The regulations mandate an age of 21 years minimum There is no maximum age limit Intrastate drivers– operating completely within a state may be younger state laws vary Regarding 21- some states allow younger drivers if they stay in the state and are not engaged in interstate commerce (business or cargo or transactions between or through other states). Because of discrimination laws, there is no upper age limit, but wisdom would dictate that at some point the individual should elect to stop driving.

6 What is the minimum training and experience qualification?
The standard is generally one of “Doing” Able to operate safety Complete the CDL license requirements Road test: either by employer or through CDL Employer option Entry level training Completion of the educational requirement Fatigue, Wellness, Whistle blower, Driver Qualification and Hours of Service Training qualifications are not as extensive. There are requirements for hazardous materials haulers, an drivers of long combination vehicles. The qualification is largely one of demonstrating through road tests that the person is qualified to handle the vehicle. Of course there are these entry level requirements for new drivers.

7 What is the medical qualification requirement?
Every driver must be qualified The DOT standards Examined by qualified personnel Two year re-examinations Two years is the general rule Many conditions demand closer intervals 3 months to one year There are some very specific medical standards. They are evolving as discrimination lawsuits force a re-evaluation of the rules and medical treatments improve allowing those who may not have been safe in years past to operate with confidence today.

8 What driver’s license is needed?
For many, a Commercial Driver’s License CDL – written and road examinations Trucks over GVW Buses over 15 People State laws can vary where a CDL is not mandatory License must be current and valid If a commercial motor vehicle is involved, by weight or seating capacity, a commercial driver’s license is required. Smaller vehicle rules vary by state, but a license that meets the requirements is always required. In some cases with proper “endorsements”, special evaluations for special driving situations or vehicles.

9 Does the driver have to take a road test?
The short answer: YES The questions are “When” and “Who”? When: the CDL road test can meet the DOT minimum Employers can demand their own test Who: an option, depending on the employer the state agency issuing the CDL the employer’s vehicle and personnel A road test is required but it can be given in any of several formats. A valid CDL can be used as an equilivant to the road test, except for tank vehicles, double and triple trailers. A third party testing agency authorized by the state to do the testing. Employer based tests.

10 Must a driver share his background and experience?
The regulations require the driver to authorize several investigations Provide a list of violations and accidents Authorize reference checks for specific information Authorize the sharing of substance abuse test history Drivers must allow background evaluations, or they may not be employed.

11 What is meant by “Disqualification”?
A driver may be disqualified by DOT for a number of reasons…. Disqualifications can be short term (a few months) or permanent There are appeals processes available, especially for life-time disqualifications Here are some of the standards for disqualification under Part More of the driver disqualifications will be discussed in the CDL part of this program.

12 What situations can disqualify?
There are four general disqualifiers Loss of drivers license Alcohol or drug violations Violate an out of service order Criminal behavior Review these critical disqualifiers. Remind students that disqualification means loss employment and of earnings.

13 Disqualification details--
Loss of drivers license For the duration of the time when the license and driving privilege has been withdrawn… The driver has an obligation to to notify the employer promptly, prior to the end of the next business day Any cause of license loss will disqualify: Insurance cancellation; Child support problems; Violations

14 Disqualification details--
Violating (and convicted of violating) an out of service order First offense: a 90 day to 1year disqualification Second and third offenses: more severe HazMat: double penalties for the first offense If a driver is placed out of service during an inspection and does not obey the order, serious consequences can result.

15 Disqualification details--
Alcohol and substance abuse--- Driving under the influence of alcohol Driving under the influence of dugs Transportation, possession or use of an illegal drug The regulations here are from ….they apply to drivers while on duty and/or driving. There are three conditions for alcohol disqualification: Driving with a BA at or above 0.04 Driving under the influence according to state law Refusal to take an alcohol test The substance abuse disqualifications include the basic DOT drugs from 21CFR , controlled substance, amphetamine, narcotic, or their derivatives…

16 Disqualification details--
Criminal activities Violation, arrest, conviction---- Leaving the scene of an accident A felony involving the use of a CMV Motor vehicle infractions that lead to conviction We will see others later in the program….when we discuss CDL

17 Disqualification details--
Periods of disqualification vary--- First offense – generally a 1 year disqualification period Subsequent offenses- A 3 year disqualification How long? Some are one year, some are longer. In some cases under other parts of the law for life, the disqualifications are for life.

18 PART II The medical qualification Remember,
The student handbook offers more detail so questions should first be referred there.

19 Medical issues: The examination The qualifying conditions
Disqualifying conditions Waivers and disputes Medical issues: The four key elements for medical examination. It is important to refer the student to the student handbook for details of the qualification process. Here we discuss the high points and critical elements.

20 Who may perform a driver physical qualification examination?
The DOT currently offers a wide range of possibilities – Licensed and/or registered with state laws and regulations to perform examinations, including Doctors of medicine Doctors of osteopathy Physician assistants Advanced practice nurses Doctors of chiropractic Many different types of examiners can legally complete the exam. Employers may demand specific examiners complete the exam. Drivers have the right to a second opinion.

21 How often is an examination required?
A driver must maintain his or her medical qualification Examinations generally lead to a two year qualification period Shorter term qualification periods may be required, even permanently, for some conditions The two year physical has been a long time standard. But more and more reduced term qualifications are being offered as medical criteria tighten.

22 What evidence of qualification is required?
The examining party completes an examination form The driver must have in his or her possession a copy of the certificate of medical qualification Signed and dated Valid and in-force The long form is for the doctor and if allowed by law, the employer. The qualification statement with doctor signature is for the driver to maintain on his or her person.

23 Is a “Return to work” exam required after being out sick?
The short answer: possibly…. A driver whose physical or mental condition has been impaired by injury or disease Must be examined Must be re-qualified Drivers may need to be re-qualified.

24 Qualifying conditions
What will the examination include? What factors will disqualify? Qualifying conditions This is the introduction to the medical examination and criteria. All drivers must be medically competent. All changes in medical condition must be reported.

25 The examination Includes an overall physical evaluation
Designed to screen out those who would be unable to drive safely May include factors not specifically qualifying or disqualifying but are part of the individuals overall health This is a moment to discuss the need to maintain health and wellness. How these factors impact the specific qualification criteria Obesity impact blood pressure etc

26 Examination points General appearance Head and eyes Ears and throat
Heart and blood pressure Lungs and abdomen Genital, urinary and rectal exam Neurological evaluation Spine and skeletal system Limbs Diabetes This is from the physical exam form. Each item bears on general health or safety specific needs. Medical personnel make medical decisions. The driver should be honest and direct with the doctor. It may save a life, his own….

27 Becoming qualified…. Has all limbs and their motion is unimpaired….
Is not a diabetic requiring insulin for control Has no current diagnosis of heart disease Has no medical history or diagnosis of respiratory dysfunction Here are some basics. If time permits, ask the students why they feel these issues are included and are important

28 Becoming qualified…. Has no diagnosis of high blood pressure
Has no history or diagnosis of muscular/orthopedic/vascular/neuro conditions that would affect the ability to drive safely Has no history or diagnosis of epilepsy or other condition which could lead to loss of consciousness Here are more specifics as to qualification Blood pressure is well known. Define the terms for the group. Muscular- ability to control motion. Orthopedic- strength and ability. Vascular- internal circulatory or pressure issues. Neuro- mental and cognitive issues.

29 Becoming qualified…. Vision of at least 20/40 in each eye
No mental disorder affecting driving Hearing adequate for safe driving Is not a drug user Is not an alcoholic Becoming qualified…. Hearing and vision self evident. Substance abuse will be covered separately.

30 Waivers Certain waivers for medical qualification are available from FMSCA ( Part ) Employer sponsors are generally required Case by case evaluations are made Typical waiver candidates: Loss of limb, Loss of motion in a limb Vision waivers Some drivers can gain qualification by proving their ability. They need an employer sponsor. And they are personally evaluated by FMCSA. There is a medical group that handles waivers from the Washington DC Office of FMCSA.

31 Disputes Multiple doctors Disagreement as to qualification
Use of a specialist required Written application to FMCSA Medical conflicts (Part ) Sometimes a difference of opinion over qualification will arise. A third opinion is usually sought. The third opinion may be from a specialist. FMCSA may need to be involved. See the regulation for specifics. It may be helpful to read parts of this regulation to the students.

32 Substance abuse qualification
Part III Introduction to part 3

33 Substance abuse testing
Drug abuse Illegal substance use Improper prescription drug use Alcohol abuse Inappropriate use of alcohol In connection with work Testing has been required for a number of years. Testing is conducted for certain illegal drugs and alcohol use. Alcohol testing is always done in conjunction with the drivers work schedule. Alcohol is legal but the driver may not report for duty if there is an alcohol violation .

34 Why must drivers submit to substance abuse testing?
Testing lowers the incidence of abuse Substance abuse affects safe driving For safety’s sake: testing is appropriate A matter of public policy through FMCSA regulations It is now well documented that testing reduces substance abuse problems. And there are plenty of personal protections to avoid unfair invasion of individual privacy…. Records are locked up. Supervisors cannot go “Fishing”. Medical information is confidential.

35 Can I be qualified to drive without submitting to testing?
The short answer: You may NOT drive a CMV unless you are free from drug and alcohol abuse…. Your privacy and freedom from testing stops where your actions affect the safety and health of others…. If they have a CDL, the driver must be tested. No options, no exceptions Public policy-- Safety demands exceed privacy rights

36 To be qualified, what tests do I have to submit to?
There are several types of DOT testing Pre-employment For drug abuse only Random A percentage of drivers every year Post accident For serious crashes, according to a DOT mandate Reasonable cause Observation by trained supervisors There are four test processes. Each is mandatory. Random affects everyone equally but some drivers may never get named, while others may have to go several times a year. Supervisors are trained as demanded by DOT to observe behavior and have suspected users tested.

37 Does the driver have any rights in the process?
Yes…………. Privacy Records are confidential Employers must share results with one another Discreet collection as appropriate Medical review of results All test results are reviewed by a doctor Positive test results are subject to an interview The driver does not have to have his or her problems exposed to everyone. The process is designed to maintain confidentiality.

38 Commercial Driver’s License
Part IV Part 4 is the CDL. Started in the late 1980’s. CDL continues to grow and the requirements more stringent.

39 Your CDL….. The path to a professional driving career
Qualify and earn through study and testing Maintain by safe and legal driving Your CDL….. Why a CDL? Many occupations require a license, a meaningful one, and driving is no different.

40 Qualify for a CDL Learners permit Study and practice
Complete and pass a multiple part test Written examination on safe driving Complete all or part of a pre-trip inspection Drive safely and legally in an on-the-road test The process of obtaining a CDL. Designed to be universal everywhere. One driver= one license No multiple state licenses are permitted.

41 Maintain your CDL Have only ONE drivers license
Assure prompt renewals on or before the due date Provide a copy to your employer Maintain a safe driving record Report convictions, suspensions Avoid the DOT listed “Disqualifiers” Duties of the driver: Maintain the license; Report problems; Avoid a long list of disqualifiers attached to the CDL. These disqualifiers extend the list we saw earlier when we reviewed the basics.

42 The USDOT offenses Category 1- Major offenses
Minimum 1 year suspension of the CDL Driving under the influence (drug or alcohol) in a CMV or personal vehicle Alcohol concentration at or above .04 while driving a CMV Refusing to take an alcohol test Leaving the scene of an accident There are several categories, we begin with the most serious ones. A one year loss of employment is the result of these problems.

43 The USDOT offenses More major offenses….
Use of a vehicle to Commit a felony Driving a CMV while suspended or revoked Causing a fatality through negligence Use of the vehicle in the manufacture, distribution or dispensing of controlled substances More major offenses with a one year disqualification.

44 The USDOT offenses Category 2- Serious traffic violations
Minimum 60 day suspension of the CDL Excessive speed – 15mph or more above the posted limit Reckless driving Improper or erratic lane changes Following too closely Here are less serious but still major safety problems when we address traffic violations as opposed to felony type issues.

45 The USDOT offenses More serious traffic violations
A violation related to vehicle control in a fatality accident Driving a CMV without a CDL Driving a CMV without a CDL in the drivers possession Driving a CMV without the proper endorsements Additional violations: Note the need to always have the CDL license on your person…no excuses (the wallet is at home) are acceptable!

46 The FMCSA offenses Category 3- Rail highway grade crossings
Minimum 60 day suspension Failure to slow down and check Fails to stop when tracks are not clear Fails to stop when required Drives onto but unable to clear tracks Failure to obey a traffic control device at a crossing Unable to complete the crossing due to low undercarriage clearance This is a special category of disqualifier. Know and obey grade crossing rules. A hand drawn illustration on a chalk board or flip chart may be helpful here.

47 The FMCSA offenses Category 4- Out of service orders
Minimum of a 90 day suspension Violating an out of service order Violating an out of service order while transporting hazmat- double penalty Minimum $1,100 fine Some additional serious violations

48 Safe and legal driving Part V The driver has a duty….

49 Maintain your driving privilege
Drive professionally Defensive driving is a good idea, and could save a life…even your own Drive courteously Road rage is for fools…don’t let their bad judgment become your accident Drive safely Legal driving is the first step to a long and safe career behind the wheel What it takes to be a “pro”

50 Your responsibility… Drive safely and legally
Report changes to your medical, license, violation or ability to operate safely Never drive if your condition would compromise safety Maintain and renew your CDL and medical qualification Cooperate as needed when selected for substance abuse testing You have to track these, it is your living….

51 Your employer’s responsibility
Only employ fully qualified drivers Verify driver’s qualification as necessary Teach drivers their duty under the law Conduct substance abuse tests as required by regulation Maintain records of driver performance and accident history Employers have some specific mandates. If you do not meet these criteria, you cannot drive and may lose your job, depending on employer policy.

52 A Daily Evaluation Part VI Finally….

53 Qualification Includes the many legally required steps we have reviewed here…. BUT It also includes your honest appraisal of your ability to drive, every trip, every day…. Take care of yourself. Are you fit to drive?

54 Self evaluation Before you drive…do a personal pre-trip:
Health- when in doubt, don’t drive…and be aware of the effect of medication on your ability to drive Fatigue- There is no substitute for sleep…be aware, fatigue kills and the casualty may be you Attitude- Healthy attitudes make safety possible, road rage or family troubles create chaos on the road Stress- Everyone deals with stress, some of it is healthy, but when it builds up, your mental state breaks down and safe driving can be the first casualty…. The personal pretrip is critical. Avoid the four killers: Health; Fatigue; Attitude; Stress.

55 Discussion questions:
Do you know of any drivers who have lost their “qualification”? Why did they lose it? We know that the medical qualification process isn’t perfect. What risks do you think you face because other drivers may cheat on the rules? Take the time to get them involved here….


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