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Motor Fleet Safety Basics: Training for the Safety Supervisor
Unit 3: DOT/OSHA Recordkeeping Issues and Requirements
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Unit 3 Objectives Identify the government agencies and regulations that are relevant to your job as a fleet safety supervisor Identify record-keeping requirements for the sections of the Canadian Provincial, Federal, Workers’ Compensation, and USDOT requirements discussed in class Audit sample hours of service logbooks and identify required supporting documentation Identify errors and/or violations in driver qualification files Correctly complete an Accident Register NATMI © 2014
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Federal Agencies that Regulate Motor Carriers
Transport Canada Human Resources and Skills Development Canada (HRSDC) Canada Labour Code (CLC) Part II Employment Equity Canada Natural Resources Canada Citizenship and Immigration Canada (CIC) US Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) © 2013 North American Transportation Management Institute - CA
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Federal & Provincial Status in Canada
Canada consists of ten provinces and three territories. The major difference between a Canadian province and a Canadian territory: Canadian Province is a creation of the Constitution Act. Canadian Territory is created by federal law. The federal government has more direct control over the territories, while provincial governments have many more competencies and rights. © 2013 North American Transportation Management Institute - CA
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Highway Traffic Safety Act National Safety Code
Standard 1 - Single Driver License Compact Standard 2 - Knowledge and Performance Tests (Drivers) Standard 3 - Driver Examiner Training Program Standard 4 - Classified Driver Licensing System - May 1998 Standard 5 - Self Certification Standards and Procedures Standard 6 - Medical Standards for Drivers Standard 7 - Carrier and Driver Profiles - November 2002 Standard 8 - Short Term Suspension © 2013 North American Transportation Management Institute - CA
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National Safety Code - Continued
Standard 9 - Hours of Service Standard 10 - Cargo Securement -September 2004 Standard 11 - Commercial Vehicle Maintenance and Inspection (PMVI) Standards – December 2006 Standard 12 - CVSA On-Road Inspections Standard 13 - Trip Inspection Part I General Requirements May 2005 Part II Schedules Schedule 1 Truck, Tractor Trailer December 2003 Schedule 2 Bus May 2004 Schedule 3 Motor Coach (Daily) May 2005 Schedule 4 Motor Coach (30 Days or 12000km) May 2005 Standard 14 - Safety Rating - September 2002 Standard 15 - Facility Audits - December 2003 Standard 16 - First Aid Training © 2013 North American Transportation Management Institute - CA
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Canada Labour Code Employer’s Annual Hazardous Occurrence Report
Every employer shall, not later than March 1 in each year, submit to the Minister a written report setting out the number of accidents, occupational diseases and other hazardous occurrences of which the employer is aware affecting any employee in the course of employment during the 12 month period ending on December 31 of the preceding year. Retention of Reports and Records Every employer shall keep a copy of the annual report, as well as documentation of each incident for 10 years following submission of the report © 2013 North American Transportation Management Institute - CA
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© 2013 North American Transportation Management Institute - CA
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II-8 Other Hazardous Occurrences
“Other hazardous occurrences” are any other situations where events have occurred that resulted in: An explosion; Damage to a boiler or pressure vessel that results in fire or rupture of the boiler or pressure vessel: or Damage to an elevating device that renders it unusable, or a free fall of an elevating device; An electric shock, toxic atmosphere or oxygen deficient atmosphere that caused an employee to lose consciousness; The implementation of rescue, revival or other similar emergency procedures; or A fire. © 2013 North American Transportation Management Institute - CA
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USDOT Regulations Federal Motor Carrier Safety Regulations (FMCSR)
Part Hours of Service of Drivers Part Qualifications of Drivers Part Controlled Substances and Alcohol Testing Part Commercial Drivers License Part Inspection, Repair & Maintenance © 2013 North American Transportation Management Institute - CA
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Canada Labour Code & TDG
Under the Canadian Labour Code employers need to train their employees related to their Safety. For Transportation, Transportation of Dangerous Goods (TDG) is one of the most important certifications required by all employees that work with carriers working with transportation of Dangerous Goods © 2013 North American Transportation Management Institute - CA
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Provincial Information
Alberta Infrastructure and Transportation V_ID_province British Columbia Ministry of Transportation Manitoba Transportation New Brunswick Transportation Newfoundland and Labrador Transportation and Works Northwest Territories Department of Transportation Nova Scotia Transportation and Public Works Nunavut Department of Community and Government Services Ontario Ministry of Transportation PEI Transportation and Public Works Saskatchewan Highways and Transportation Transports Quebec Yukon Highways and Public Works © 2013 North American Transportation Management Institute - CA
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Record-Keeping Matrix
Issues and Type of Record Guidelines Common Errors © 2013 North American Transportation Management Institute - CA
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USDOT Hours of Service Enforcement
Hours of service rules enforced through log audits: 11-hour rule 14-hour rule 60/7-hour rule 70/8-hour rule NATMI © 2014
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HOS Comparison HOURS OF SERVICE RULES
2003 Rule Property-Carrying CMV Drivers Compliance Date 1/1/2004 2005 Rule Property-Carrying CMV Drivers Compliance On & After 10/01/05 May drive a maximum of 11 hours after 10 consecutive hours off duty. NO CHANGE May not drive beyond the 14th hour after coming on duty, following 10 consecutive hours off duty. May not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty. Commercial Motor Vehicle (CMV) drivers using a sleeper berth must take 10 hours off duty, but may split sleeper-berth time into two periods provided neither is less than 2 hours. CMV drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two. Passenger-carrying carriers/drivers are not subject to the new hours-of-service rules. These operations must continue to comply with the hours-of-service limitations specified in 49 CFR NATMI © 2014
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Sleeper Berth Exception
Drivers may split on-duty time by using sleeper berth periods, but must do so by accumulating the equivalent of 10 consecutive hours off-duty by taking 2 periods of rest in the sleeper berth, provided: CMV drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two. Driving time in the period immediately before and after each rest period when added together does not exceed 11 hours; and The on-duty time in the period immediately before and after each rest period when added together does not exceed 14 hours. NATMI © 2014
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Sleeper Berth Example No Yes Violation prior to 10/1/2005?
Violation after 10/1/2005? What Time did it occur? Yes 8:00 p.m. NATMI © 2014
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16-Hour Exception For Property-Carrying Drivers
Drivers may extend the 14-hour on-duty period by 2 additional hours IF THEY: Are released from duty at the normal work reporting location for the previous 5 duty tours; AND Return to their normal work reporting location and are released from duty within 16 hours; AND Have not used this exception in the previous 7 days, except following a 34-hour restart of a 7/8-day period. Total hours driving may not exceed 11 hours. NATMI © 2014
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New HOS Rules Dual compliance dates of February 27, 2012 and July 1, 2013. May drive 11 hours, following 10 hours off-duty. May not drive beyond the 14th hour after coming on-duty, following 10 hours off-duty. May drive only if 8 hours or less have passed since the end of the driver's last off-duty period of at least 30 minutes. May not drive after 60/70 hours on-duty in 7/8 consecutive days. May restart a 7/8 consecutive day period after taking 34 or more consecutive hours off-duty; The restart must include two periods between 1 a.m.- 5 a.m. home terminal time. May only be used once per week. NATMI © 2014
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NATMI © 2014
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2012 11-Hour Rule Explanation
11 HOURS DRIVING 10 HOURS OFF DUTY Effective 7/1/ minute break NATMI © 2014
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2012 11-Hour Rule Example Effective 7/1/2013 30 minute break
10 HOURS OFF DUTY Effective 7/1/ minute break 11 HOURS DRIVING 9 HOURS DRIVING NATMI © 2014
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11-Hour Rule - Example 1 VIOLATION: YES START: 6:30 p.m. NATMI © 2014
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11-Hour Rule - Example 2 VIOLATION: YES START: 8:00 p.m. NATMI © 2014
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11-Hour Rule - Example 3 VIOLATION: YES START: 7:00 p.m. NATMI © 2014
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11-Hour Rule - Example 4 VIOLATION: YES START: 7:00 p.m. NATMI © 2014
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14-Hour Rule - Example 1 VIOLATION: YES START: 10:00 p.m. NATMI © 2014
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14-Hour Rule - Example 2 VIOLATION: NO NATMI © 2014
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14-Hour Rule - Example 3 VIOLATION: YES START: 9:00 p.m. NATMI © 2014
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14-Hour Rule - Example 4 2:00 p.m. and 10:00 p.m VIOLATION: YES START:
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TOTAL HOURS ON DUTY AND DRIVING
Applying the 70/8 Rule DATE DAY TOTAL HOURS ON DUTY AND DRIVING 1 MON 12 2 TUE 14 3 WED 15 4 THU 10 5 FRI 6 SAT 7 SUN 8 9 11 ? On the morning of Saturday the 6th, how many hours did the driver have available? On the morning of Tuesday the 9th, how many hours did the driver have available? On the morning of Friday the 12th, how many hours does the driver have available? NATMI © 2014
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Duty Status Record Requirements
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100-Mile Radius Exemption
Requirements: Time records must show start and finish times No more than 12 consecutive hours No more than 11 hours driving time 10 hours off between periods 100 miles X Normal Work Reporting Location NATMI © 2014
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How Logs Are Falsified What Actually Happens What Is Logged
Drive 14 hours Many hours on-duty Many drop-offs and side trips A number of short trips Hours spent in yard work One driver makes many trips in one day Log shows 11 hours driving Hours shown as off-duty or as less than actual Trips not shown on log Log shows off-duty entire day Two separate driver logs submitted for same day NATMI © 2014
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Supporting Evidence Bills of lading Delivery receipts Fuel receipts
Meal receipts Motel and lodging records Dispatch records Accident reports Daily vehicle inspection reports Payroll records Lease agreements Time worked reports Per diem payments Mileage report Daily trip sheet reports Road-side inspection reports Leased operator statements to the motor carrier Ports of entry inspections C.O.D receipts Special permits for over-weight / over-length / over-height loads Unloading stop-off reports Lease inspection reports Charges for demurrage and other accessorial services Pick-up orders Temperature control records or other in-trip record or inspections, etc. GPS records NATMI © 2014 _______________________________________________________________
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Canadian Hours of Service
Time for slide 1 minute Instructor: Explain to students that the legislation regulating Hours of Service in Canada is going to change as of January 1st As with the current HOS regulations, it will be necessary for professional commercial drivers to understand and comply with these rules at all times. Explain that these new regulation include increased responsibility for motor carriers, dispatchers, shippers and other drivers. The new legislation also states that the power of enforcement officers have also increased. Enforcement officers can now issue out of service orders that can shut a driver down for more than 72 hours!!! © 2013 North American Transportation Management Institute - CA
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The Big changes to the HOS Rules are:
Increase minimum daily off-duty time by 25% (8hrs to 10hrs) Reduce daily on-duty time by 13% (16 hrs to 14 hrs) Reduce daily driving time by 18% (16 hrs to 13 hrs) Eliminate the “4 Hour Sleep Reduction”(once-a-week) Restrict driver’s work shift to 16 hours (Tour of Duty) Requirement for driver to elect a cycle (no more switching) Standards for sleeper berths (split times, design, construction) Time for slide 1 minute Instructor: Go through these points quickly as this is just an overview. Explain to drivers that each point will be reviewed in detail during the presentation © 2013 North American Transportation Management Institute - CA
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The Big changes to the HOS Rules are:
Mandatory 24-hour off-duty period in 14 days (regardless of on- duty accumulation) Allowing drivers to use a CMV for personal use (75km restriction) Shared responsibility for compliance (carrier, driver, dispatch, shipper, consultant) New powers for enforcement officers - “out-of-service” orders – up to 72 hours Instructor: Review points quickly and details will be discussed during the presentation. © 2013 North American Transportation Management Institute - CA
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Comparison Old vs. New HOS
Old Regulations Regulations 15 Hours On Duty 14 Hours On Duty 13 Hours Driving 8 Hours Off Duty/Sleeper 10 Hours Off Duty/Sleeper 3 cycles 60/7, 70/8, 120/14 2 Cycles 70/7, 120/14 No Switching No Cycle Reset 2 Cycle Resets 36 & 72 Time for Slide 2 minutes Instructor: Review the key differences between old and new legislation. Each change will be explained during the presentation © 2013 North American Transportation Management Institute - CA
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Canadian Hours of Service
Every Log sheet must contain the following information: Driver’s complete name PRINTED Proper name and complete address of Carrier Principal Place of Business Complete Home Terminal Address if different than principal Place of Business Signature of driver Co-driver’s name printed if driving team License plate or unit # of truck (Quebec requires plate #) License plate or unit # trailer (s) (Quebec requires plate #) Date in full Month, Day and Year Elected Cycle © 2013 North American Transportation Management Institute - CA
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Canadian Hours of Service
Starting odometer Total distance driven by you for the day Total distance driven for the day (Team) The time spent in each duty status for the day (graph grid) The total time spent in each duty status during the day (daily re-cap) Location of each change of duty status. Closest city or town and province or state abbreviation Personal use of CMV Starting and ending Odometer Daily Deferral Day 1 or 2 A hand written log must be made in duplicate © 2013 North American Transportation Management Institute - CA
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Use Local Time Standard at Home Terminal
Motor Carrier:____________________ Truck plate/unit # ___________________ Trailer plate/unit __________________ Day ______ Month __________ Year _______ Principle Place of Business:__________________ Trailer plate/unit # ___________________ Trailer plate/unit __________________ Odometer finish: _______________ km / mile Odometer start: ______________ km / mile Home Terminal Address:___________________ Cycle (1) 70/7 ______ Cycle (2) 120/14______ Total mileage: _____________ km / mile 1. Off Duty 2. Sleeper Berth 3. Driving 4. On Duty (not driving) Midnight 1 2 3 4 5 6 7 8 9 10 12 Noon 11 DUTY STATUS REMARKS Use Local Time Standard at Home Terminal Total Hours Shipper Name: _________________________________ Commodity: _________________________________ B/L #: _________________________________ Personal Use Odometer start:___________ end: ___________ Name and Signature Driver (Certified True and Correct) Print:_______________________ Sign: _______________________________ Daily Deferral Day # ___________ Name of co-driver: ___________________________________________________ © 2013 North American Transportation Management Institute - CA
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Canadian Hours of Service
In Canada you are permitted to: Drive for 13 hours in a “day” Be on duty for 14 hours in a “day” Must take 10 hours in the sleeper berth or off duty every “day” (8 must be consecutive and the other 2 in increments of 30min or more) Work shift is limited to 16 hours in a day © 2013 North American Transportation Management Institute - CA
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Understanding the 14 and 16 hour rules
Maximum On-duty time in a “day” is 14 hours Maximum length of work shift in a “day” is 16 hours. Although maximum on duty time in a “Day” is 14 hours; drivers can extend their “work shift” to 16 hours only by taking off-duty breaks which are greater than or equal to 30 minutes up to 2 hours maximum. In essence you can stop the on duty clock. Time for slide 4 minutes Instructor: Explain to the drivers that unlike the American hours of service rules, the new rules provide a little more latitude in that Canadian drivers have the ability to” stop the on duty clock” during the day. In a 16 hour work shift drivers are still restricted to 13 hours driving and 14 hours on duty total. However they will not be penalized by taking an off duty break of 30 minutes or more. The key to this is that at 16 hours after coming on duty they must go off duty regardless of the amount of time driving, on duty or off duty in that period. Keep in mind that anything less than a 30 minute off duty break will not stop the on duty clock and therefore it will not extend their day to 16 hours. © 2013 North American Transportation Management Institute - CA
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Understanding the 14 & 16 hour rules
Drivers: At the start of the “day”, a driver should count 16 hours forward. This is the time that the driver must go off duty. E.g.: If a driver starts the work shift at 2 a.m., that driver must finish the work shift no later than 6 p.m. During this 16 hour period drivers are restricted to: 13 hours driving and a maximum of 14 hours on duty, but: Driver can take 2 hours off duty to make the total shift 16 hours as long as the 2 hours are taken in increments of 30 minutes or more. Less than 30 minutes off-duty will not “stop the clock” Time for slide 2 minutes. Instructor: Use this example to show drivers how to calculate their 14 hours on duty and 16 hour work shift A driver’s shift can total 16 hours – during that time.. Driver can only accumulate 13 hours of driving time…and cannot exceed 14 hours of on-duty time….however, by taking 2 hours of off-duty time…in 30+ minutes…the shift can actually total 16 hours. Remind them they do not have to take those breaks during the day. They can take 10 consecutive after accumulating 14 on duty. The benefit here is that drivers are not penalized for taking ½ hour lunch breaks, power naps etc…if they take a break…their shift is lengthened to a maximum of 16 hours. © 2013 North American Transportation Management Institute - CA
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Understanding the 14 & 16 hour rules
“DAY” 8 consecutive hours off duty, prior to midnight. 8 consecutive hours off duty rolls over to next day 10 13 1 Time for slide 1 minute. Instructor: Explain graph grid to drivers – note that total hours equal 24 – a day – but not shown as total on grid. Shift Reset End Work Shift ≤ 16 hours Driving time ≤ 13 hours No driving after 14 hours on-duty © 2013 North American Transportation Management Institute - CA
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Daily Deferral You may defer the 2 other hours of off duty to the following day certain conditions apply: The off duty time deferred is not part of the mandatory 8 consecutive hours of off duty time; The total off duty time taken in the 2 days is at least 20 hours The off duty time deferred is added to the 8 consecutive hours of off duty time taken in the 2nd day. The total driving time in the 2 days does not exceed 26 hours; and There is a declaration in the “Remarks’ section of the daily log that states that the driver is deferring off-duty time under this section and that clearly indicates whether the driver is driving under day one or day two of that time. © 2013 North American Transportation Management Institute - CA
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Remarks: Daily deferral taken Day 1
8 Hours consecutive Off Day 1 8 8 15 13 2 1 1 Remarks: Daily deferral taken Day 1 Day 2 10 Hours consecutive Off 8+2 day 1 12 8+2 = 10 11 2 6 5 1 Time for slide 3 minutes Instructor: Go through the graph grids and explain the deferral. DAY 1: Driver only took 8 hours consecutive off on Day 1 and then started driving again. The Remarks section for Log for Day 1 indicates that Daily deferral taken on Day 1. Day 2: Driver’s shift was 16 hours. Driver drove a total 13 hours and had 14 hours of on-duty time. Driver had to take 2 hours off of-duty time throughout day to make sure driver has 10 hours of off duty time as 2 of the 10 consecutive off are the deferral hours from day 1. Drivers must understand that on Day 2 , the 2 hours deferred must be taken with the 8 consecutive. The driver is compliant because he took the other 2 hours during the day, if he had not, the driver would not have been compliant with the rules. 1 Remarks: Daily deferral made up Day 2 Work Shift Day 1 13 Hours Driving time (13) 14 Hours On Duty (13+1) 16 Hours Elapsed time (14) Work Shift Day 2 13 Hours Driving Time (13) 14 Hours On Duty (7+1+6=14) 16 Hours Elapsed time (16) © 2013 North American Transportation Management Institute - CA
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Split Sleeper Berth Provision
Drivers may split their “sleeper berth” time if their vehicle is fitted with a sleeper berth A sleeper berth must meet prescribed standards specified in Schedule 1 Driver cannot stretch across the seats and call it a sleeper berth. It must be constructed as a sleeper with a mattress Time for slide 1 minutes Instructor: Explain to drivers that they must use a properly manufactures sleeper with a mattress © 2013 North American Transportation Management Institute - CA
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Split Sleeper Berth Provision
For single drivers splitting their sleeper berth time: they can only use 2 time periods, neither of which can be less than 2 hours; and The total of those 2 periods must be 10 hours; and The off duty time is spent in the sleeper berth; and The total of the driving time in the periods immediately before and after each sleeper berth period does not exceed 13 hours; and The elapsed time in the periods immediately before and after each of the periods of off-duty time does not include any driving after the 16th hour after the driver comes on duty. Time for slide 2 minutes Instructor: Go through the slide and notify drivers that you will have examples which show the split sleeper on a graph grid. © 2013 North American Transportation Management Institute - CA
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Split Sleeper Berth Provision Continued
None of the daily off-duty time can be deferred to the next day The total of the on duty time in the periods immediately before and after each of the periods of off-duty time does not include any driving time after the 14th hour The 16th hour is calculated by excluding any period spent in the sleeper berth that is 2 hours or more in duration and that when added to a subsequent period in the sleeper berth totals at least 10 hours Time for slide 2 minutes: Instructor: Again notify that you will show examples on the graph grids next slides © 2013 North American Transportation Management Institute - CA
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Split Sleeper Berth Provision Continued
Team drivers who split their sleeper berth time must follow different guidelines. Sleeper berth minimum for teams is: 4 hours Total Sleeper berth period for teams is: 8 hours They must still take an additional 2 hours off duty to meet the 10 hour off duty daily requirement Time for slide 2 minutes Instructor: Specify that teams are only required ot take 8 hours split in the sleeper but must still take an additional 2 hours to make up their 10. They can also take more than the 4 and 4 split e.g. 5 and 5 split to satisfy the 10 is legal in the sleeper berth. They cannot do a combination of off duty and sleeper to satisfy the split. Any sleeper berth time less than the 4 hours for a team does not “stop the clock” and will only count against them. © 2013 North American Transportation Management Institute - CA
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Sleeper Berth (Single Driver)
3 + 7 = 10 hours Off-duty ≥ 10 Driving ≤ 13 No driving after 14 hours On-duty Time for slide 2 minutes Instructor: The 16th hour is calculated by adding up all on duty time and all driving time and all off duty time not spent in the sleeper berth, or anything less than 2 hours in the sleeper berth. In this example the driver comes on duty at midnight to start the “work shift” so should end their work shift at 16:00 or 4pm. However since the driver took sleeper berth periods greater than 2 hours we now extend the 16th hour by the amount of time spent in the sleeper. The first split extends the 16th hour to 7pm, by the three hours spent in the sleeper. Once the driver takes the 2nd sleeper split they further extend the 16th hour, however they still cannot exceed 13 hours driving in the day and 14 hours on duty. Driving < 13 No Driving after 14 hours On-Duty No Driving after 16th hour since last sleeper period © 2013 North American Transportation Management Institute - CA
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Sleeper Berth (Team Driver)
4 + 4 = 8 hours 2 8 12 2 Time for slide 1 minute Instructor: Remind students that teams must take minimum 2 periods of 4 hours in the sleeper if splitting and an additional 2 hours to make their 10 for the day Driving < 13 No Driving after 14 hours On-Duty No Driving after 16th hour since last sleeper period © 2013 North American Transportation Management Institute - CA
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The Cycles Only two cycles
A driver must elect one and show which cycle on log book Cycle 1: 70 hours/7 days, Cycle 2: 120 hours/14 days and driver must take 24 consecutive hours off-duty prior to 70th hour Cycle switching only allowed after completing required off-duty period Cycle 1: 36 hours Cycle 2: 72 hours Time for slide 2 minutes Instructor: Explain that drivers must elect a cycle and remain in it unless they take the appropriate reset. The reset will zero out their accumulated hours and they will start at zero again. Remind them the US reset is 34 hours so if they are in the US taking the reset extend it by 2 hours to 36 to comply both sides of the border. If a driver is using cycle 2 they must take a minimum of 24 hours off before or upon accumulating 70 hours. In essence they must have a day off in the middle of the 120 cycle. © 2013 North American Transportation Management Institute - CA
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Mandatory 24 Hours Off Duty
Regardless of which cycle a driver is on they must take a Mandatory 24 hours off duty every 14 days. In other words they must take the 14th day off duty if they have been on duty for 13 days. Time for slide 1 minute Instructor: Discuss that under the pre-January 2007 HOS rules, a driver running the 70/8 cycle could essentially work 365 days straight without a day off. This has been done away with under new HOS rules in that a driver must take a mandatory 24 hours off after 14 days on duty. If a driver is working by the 120/14 cycle, the driver must take 24 off duty before reaching 70 hours. © 2013 North American Transportation Management Institute - CA
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Local Drivers Are exempt from completing a log book if the following apply: Operates CMV within 160 km radius of their home terminal and Returns to home terminal each day to begin an 8 hour off-duty period; and Carrier maintains accurate and legible records for each day indicating; hour at which each duty status begins & ends: total hours spent in each status; elected cycle; and records kept for 6 months; and not subject to an HOS permit Time for slide 2 minutes Instructor: Drivers need to know they do not have to have a record of duty status on their person as long as the carrier maintains those records. However it is in the best interest of the carrier to have the driver complete something like what is shown in the following example © 2013 North American Transportation Management Institute - CA
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On-duty Status Records
Time for slide 2 minutes Instructor: Explain that each duty status must be recorded and accounted for daily. Drivers do not have to keep this with them or a record of it however it is in the best interest of the carrier to ensure they do. © 2013 North American Transportation Management Institute - CA
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Personal Use of a CMV A driver may use a CMV for personal use provided they follow these guidelines: CMV is unloaded Not towing a trailer (bobtail) Not under direction of the carrier (bobtail to pick up an empty would be driving) Maximum of 75 km/day Odometer readings are recorded Driver is not subject of an OOS declaration Time for slide 2 minutes Instructor: Prior to this change in regulation. THE RULES DID NOT ALLOW FOR PERSONAL USE OF CMV. stress to drivers that at any time if they are under direction of the carrier it will be considered on duty driving. Bobtailing to pick up an empty would be driving This rule is basically for O/O’s to get home without being on duty © 2013 North American Transportation Management Institute - CA
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Previous 14 days Regardless of your cycle you must keep a copy of the previous 14 days logs with you at all times. Must also carry supporting documents for current trip (document or information recorded or stored by any means required by a director or inspector to assess compliance with these Regulations.) Time for slide 1 minute. Instructor: Under the “old” legislation, a driver had to have previous 7 days of logs. Inform drivers that they must always have a copy of 14 days previous logs with them, as well as supporting documents for current trip (tolls, fuel receipts, bills of lading etc.) The regulations have now defined what a supporting document is. © 2013 North American Transportation Management Institute - CA
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Canadian Hours of Service
If you have a sleeper berth you may split your 10 hours however certain conditions apply as follows for single drivers only: Total sleeper berth time for both periods must amount to a minimum of 10 hours There can be no more than 2 periods counted towards the 10 hours In order to count towards your 10 hours a period can be no less than 2 hours Total driving time on both sides of the counted sleeper berth period cannot exceed 13 hours. You cannot use the daily deferral option © 2013 North American Transportation Management Institute - CA
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13-Hour Rule - Example 1 VIOLATION: No START: 10 .5 13 .5 24
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13-Hour Rule - Example 2 VIOLATION: Yes START: 10:30pm 9 14 .5 24
14 .5 24 VIOLATION: Yes START: 10:30pm © 2013 North American Transportation Management Institute - CA
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14 – 16 Hour Rule - Example 1 VIOLATION: Yes START: 10:30pm .5 8 12.5
24 VIOLATION: Yes START: 10:30pm © 2013 North American Transportation Management Institute - CA
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14 – 16 Hour Rule - Example 2 VIOLATION: NO 10 13 1 24
13 1 24 VIOLATION: NO © 2013 North American Transportation Management Institute - CA
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USDOT Requirements and Recommended Best Practices
Driver Qualification File supplemental records: Employee record card Notice to drivers/certificate of compliance I-9 immigration form SIN starts with 9 © 2013 North American Transportation Management Institute - CA
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Inquiries to Past Employers - 391.23
Past drug & alcohol testing results requirement changed from 2 years to 3 years Within 30 days, employer must investigate driver’s employment record for previous 3 years Previous employers must respond within 30 days NATMI © 2014
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Driver Investigation History File - 391.53
Carriers must maintain records on investigation into safety performance history of a new or prospective driver Limited access to those involved in hiring Can only be used in hiring process NATMI © 2014
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Driver Investigation History File - Cont’d
File must include: Driver’s written authorization to seek information on alcohol/controlled substances history Copy of responses received for investigations from previous employers History info must be retained for as long as you employ the driver and 3 years thereafter File must be available to FMCSA or authorized state officials or authorized third party NATMI © 2014
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Acceptable Road Test Equivalents
In place of a road test, carrier may accept: Valid commercial driver’s license, if State administered prior road test (except doubles/triples trailer or tank endorsement) Road test certificate issued to driver within previous 3 years NATMI © 2014
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Part 382 Testing Requirements
Pre-employment (drugs only) Post-accident Random Reasonable suspicion Return to duty Follow-up NATMI © 2014
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Pre-Employment Testing Requirements
Test prior to performing safety sensitive functions Negative report from MRO must be received Exemption available by obtaining test results from previous employer: if driver was in a random pool within past 30 days AND if driver was: tested in previous 6 months OR in a random program for the past year NATMI © 2014
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Post-Accident Testing Requirements
Required as soon as possible after: Fatality, OR Bodily injury AND the driver receives a citation for a moving violation, OR Disabling damage requiring tow away AND driver receives a citation for a moving traffic violation NATMI © 2014
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Post-Accident Testing Requirements
Alcohol: Test within 2 hours of accident After 8 hours, cease test attempts Drugs: After 32 hours, cease test attempts If no test administered, document why Federal or State test results may be used NATMI © 2014
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Drug and Alcohol: Errors on Records
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Situations Requiring Accident Register Entries
A fatality Bodily injury to a person who immediately receives medical treatment away from scene One or more vehicles incurs disabling damage and must be towed away NATMI © 2014
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Required Accident Register Information
Date of accident City or town in which (or most near) accident occurred State in which accident occurred Driver name Number of injuries and fatalities Whether hazardous materials were released NATMI © 2014
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Importance of Vehicle Maintenance Record
Safety Safety rating Customer satisfaction NATMI © 2014
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Inspection and Maintenance Recordkeeping Problems
Driver’s Daily Inspection Report Mistakes Sometimes drivers skip those items that require getting under the truck or behind the wheels Power unit - service brakes, suspension, wheels/rims/lugs, brakes Towed unit - suspension, tires, brakes Mechanic’s Annual Inspection Record Steering linkage Frame members NATMI © 2014
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Driver’s Inspection Report
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Driver’s Inspection Report
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Driver’s Inspection Report
Sometime in 2006 probably the fall drivers will have to use this type of vehicle inspection report and carry a schedule of items checked with them at all times. Next 3 slides show schedules © 2013 North American Transportation Management Institute - CA
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Inspection Criteria Schedule
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Inspection Criteria Schedule
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Inspection Criteria Schedule
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Record of Annual Inspection
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Record of Annual Inspection Cab Card
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CVSA Inspection Criteria
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Summary of US & CDN Record-Keeping Time Frame Requirements
Record Duration US Canada Drivers' Logs Vehicle Inspection Reports Annual Inspection Report Maintenance Records Positive D&A Tests Negative D&A Tests Driver Qualification Files (post employment) 6 months Same 3 Months Same (if defect noted 2 yrs) 14 months 2 years 1 Year years 5 Years Same 1 Year Same Years Years (post employment) © 2013 North American Transportation Management Institute - CA
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Questions NATMI © 2014
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